Additional powers for Police Community Support Officers

Report: 8
Date: 27 April 2006
By: Commissioner

Summary

A considerable number of new powers are available in the Serious and Organised Crime Act 2005 for designation to Police Community Support Officers (PCSOs). The Police and Justice Bill contains directions on the powers that the Home Office believe should be standard for all PCSOs. The MPS intends to designate fewer powers than the total available in order to retain distinction between PCSO and Police Officer role, reduce training implications and retain focus of the PCSO role on community engagement and reassurance.

A. Recommendation

That members note the designation of additional powers for Police Community Support officers in the Metropolitan Police Service following new powers becoming available in Serious Organised Crime and Police Act 2005.

B. Supporting information

Background

1. The Serious Organised Crime and Police Act 2005 makes a number of existing enforcement, environmental, transport and anti-social behaviour powers available to designate to Police Community Support Officers (PCSOs).

2. During the autumn 2005 the Home Office carried out consultation on standardisation of PCSO powers. The Government’s stance was that the public were confused by the variations around the country on what a PCSO could and could not do. (The national picture varies from PCSOs having all of the available powers to one force that has not adopted any of the original Police Reform Powers to PCSOs)

3. The MPS submitted a response to this consultation that concurred with the criteria proposed by Association of Chief Police Officers (ACPO) as determining the powers PCSOs should have. These criteria were applied to the powers available to designate to PCSO and a list was suggested by ACPO as suitable as a ‘standard’ set. The ACPO criteria applied were:

• Consistent with the PCSO role.
• Consistent with the ACPO principles of deployment (i.e. non-coercive; non-confrontational; limited discretion to infringe of human rights; limited risk of harm; minimal investigation time).
• In use currently by five or more force.
• Unlikely to add significantly to existing training costs.
• Unlikely to lead through risk assessment to enhanced personal protective equipment or safety training.

4. Whilst the consultation on standardisation was in progress the MPS carried out a scoping activity involving research and internal consultation. MPA officers were involved in this work. The research involved a performance needs assessment of the training requirement if all of the new powers were to be designated and preliminary assessments of the requirement for officer safety training and equipment. This analysis concluded that the scope and type of powers proposed would present a substantial training requirement of up to four weeks per PCSO on recruitment or for those in post.

5. The Home Office standard set of powers was published in January. These powers are listed as standard in the Police and Justice Bill. A letter has been sent to the Home Office, from the MPS and MPA, expressing the concerns of both organisations on the extent of the powers in the standard set.

Proposed changes

6. The MPS proposes to increase PCSO powers in a way that is complimentary to the role of PCSO within London and aligns closely to ACPO guidance on PCSOs and the ACPO view on new powers. The MPS have decided to train and designate all MPS PCSOs in powers based on these criteria:

• Continue with all existing MPS designated powers.
• Adopt those new powers suggested by ACPO with these variations.
• Restrict search powers.
• Continue with limited use of penalty notices for offences pertinent to anti-social behaviour in neighbourhoods.

7. In addition the MPS intends to designate PCSOs with the power to enforce Bye-Laws once a suitable training package can be identified to support the variety of powers required by London boroughs.

8. The benefits of this approach are:

• Reduce training time for existing PCSOs training in new powers.
• Reduces pressure to increase foundation course substantially.
• Maintains the distinction between PCSO and PC role.
• Focus the PCSO role on reassurance and community engagement.
• Reduce abstraction from patrol that more enforcement powers would create.

9. The MPS position designates fewer powers to MPS PCSOs than those required in the Police and Justice Bill.

10. The concerns of both the MPS and other forces are acknowledged in a recent letter from ACPO lead on PCSOs ACC Peter Davies to Chief Constables. This letter seeks to reassure forces that further powers do not create a conflict between the PC and PCSO role. Further powers are not deemed by ACPO to ‘increase the confrontational element of the PCSO role’. The MPS intend to continue with designation for both the power to detain and use of reasonable force to prevent a detained person making off.

11. The fact that PCSOs have the power to use force to detain is an area of MPS policy that is viewed by some observers as contentious and problematic. The issue of use of force is currently subject of a review by TP Safer Neighbourhoods Unit. The power to use force is not included by the Home Office in the Police and Justice Act standard powers.

12. All powers available to PCSOs are contained in Appendix 1 to this paper, grouped according to the MPS decisions to adopt for designation or not. The list is highlighted to show those in the Police and Justice Bill that the MPS does not intend to designate.

Complexity of the situation

13. The Police Reform Act 2002 states that all PCSO must have adequate training and be competent in the powers designate to them by the Chief Officer. This requirement is acknowledged by the MPS in the design of a corporate training package that will be delivered by a central team of trainers.

14. Centralised training will enable the MPS to not only provide quality training but also to fulfil the legislative requirement of the Police Reform Act 2002. These requirements are to designate only those PCSOs who have been adequately trained and therefore rescind the designations of those PCSOs who move within the organisation i.e. to an administrative role. This is the first occasion when existing PCSOs have needed to be re-designated as all previous designation of powers were included in foundation training. This will require a monitoring system to ensure powers are only exercised by trained staff and that correct designation cards are issued as training is delivered. There will a period of over a year in which PCSOs patrolling together may have different designated powers.

15. The relatively small increase in powers and the decision to exclude complex, coercive or intrusive search powers has substantially reduced the impact of the new powers on the corporate risk assessment for PCSO activity. This in turn has limited the pressure to increase the personal protective equipment required by PCSOs. No significant change is anticipated in this area.

Training requirements as a result of this decision

16. The adoption of new powers for PCSO creates a training requirement for those powers but also offers an opportunity to both improve the foundation course and update existing PCSOs. The Performance Needs Analysis, mentioned above, has identified some areas for improvement in PCSO foundation training, particularly practical sessions to develop skills and understanding of the role. New training at foundation level will also include skills such as statement preparation that have previously required local training on induction courses.

17. Training will need to be provided for existing PCSOs in all business groups. The new training unit within Territorial Policing (TP) will assure the standards of delivery and has lead responsibility for the new course content.

18. A decision will be required on the training requirements of other business groups and how the training will be delivered. Capacity will exist within the TP Training unit for all MPS PCSO employees, subject to costs being met from respective business groups. Training should be provided for all externally funded PCSOs including those in Transport Operational Command who are financed by Transport for London.

19. Current plans are to increase the foundation course from four weeks and two days to five weeks. The inclusion of new powers is likely to increase this further. The training time required for existing PCSOs to be bought up to date with new powers and receive some development training on existing skills, has not been finalised, early estimates are for at least one week and two days. Careful consideration of the course design will be required to ensure that standards are maintained and that existing PCSOs are able to complete all elements successfully.

Next steps and MPA consultation

21. An MPA officer, Jane Owen, has been involved in the process of assessing the implications of the new powers. PCSO Programme Board have agreed the proposed new powers for PCSOs at a meeting on 15 March 2006. Representatives from all business groups with PCSO staff and PCS union representatives attended this meeting. Police Federation have been consulted on these powers at the research phase.

C. Race and equality impact

1. The PCSO course contains substantial input on diversity, particularly in the application of powers. The revision of the PCSO course will strengthen this area of the course. All PCSOs exercise their powers under the supervision of a police officer and in the case of the search power under terrorism legislation carry out their actions only whilst with a police officer.

2. The powers intended to be designated to PCSOs are unlikely to lead to a negative or disproportionate effect on any group as the powers are generic and require little use of discretion i.e. power to issue fixed penalty notices for litter or dog fouling.

3. There are no negative implications anticipated in the adoption of further powers by either existing or prospective PCSOs.

4. Training will be delivered to all PCSOs on a course specifically designed for the needs of the group in relation to experience and recruitment standards. This is unlikely to have negative implications for any group of PCSOs who have met the recruitment standards.

D. Financial implications

1. The costs implications for the training requirement are:

1. increase in course length of foundation course – opportunity cost and potential increase in training staff.
2. Costs of training existing staff - £488K for staffing and £400k approx for rental of a venue with sufficient classrooms for 19 months. A proposal has been agreed by TP and will be submitted to MPS Investment Board for the formation of a Central London Training facility. Investment Board agreed this proposal on 21 March 2006. The proposal is due to go to MPA Finance Committee on 20 April 206.
3. Opportunity costs for all MPS PCSOs (currently 2300) to received approx. one week and two days training with courses likely to take 14 months from late summer 2006.

E. Background papers

None

F. Contact details

Report author: AC Godwin

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1

Powers to be designated to MPS Community Support Officers

• Abandoned vehicles - power to remove
• Confiscation of alcohol - designated places
• Confiscation of alcohol - persons under 18
• Confiscation of tobacco - persons under 16
• Power to seize drugs and require name and address for possession of drugs
• Cordoned areas - Section 36 Terrorism Act 2000
• Stop and search in authorised areas - Terrorism Act 2000
• Control traffic - escorting abnormal loads
• Power to Detain
• Power to disperse groups and remove persons under 16 to their place of residence
• Entry to save life/limb
• Power to use reasonable force to prevent a detained person making off
• Power to require name & address
• Power to require name and address for anti-social behaviour
• Power to carry out road checks
• Seize vehicle used to cause alarm
• Stop vehicle for testing - Section 67 RTA 1988
• Stop pedal cycle - Section 163(2) RTA 1988
• Power to enforce byelaws
• Power to require name and address for road traffic offences
• Power to direct traffic for purposes other than escorting abnormal loads
• Power to place traffic signs

Power to issue fixed penalty notices (FPN)

• Power to issue fixed penalty notices for cycling on a footpath
• Power to issue fixed penalty notices for dog fouling
• Power to issue fixed penalty notices for littering

Power to issue Penalty Notices for Disorder under Chapter 1 Part 1 of the Criminal Justice and Police Act

• Causing harassment, alarm or distress
• Throwing fireworks
• Drinking in a designated public area
• Powers available that will NOT to be designated to MPS Community Support Officers

Powers in Police and Justice Bill (Home Office Standardisation) that MPS does not intend to designate are in bold

• Power to search for alcohol and tobacco
• Power to photograph persons away from a police station
• Limited power to enter licensed premises
• Remove children in contravention of curfew notices to their place of residence
• Power to deal with begging
• Power to enforce certain licensing offences
• Power to search detained persons for dangerous items or items that could be used to assist escape
• Power to use reasonable force to transfer control of detained persons
• Power to issue fixed penalty notices (FPNs)
• Power to issue fixed penalty notices for truancy
• Power to issue fixed penalty notices for graffiti and fly-posting
• Power to issue Penalty Notices for Disorder under Chapter 1 Part 1 of the Criminal Justice and Police Act Sale of alcohol to a person under 18
• Purchase of alcohol for a person under 18
• Delivery of alcohol to a person under 18 or allowing such delivery
• Destroying or damaging property (under £500)
• Breach of fireworks curfew
• Possession of a category 4 firework
• Possession by a person under 18 of an adult firework
• Supply of excessively loud fireworks
• Wasting police time, giving false report
• Using public electronic communications network in order to cause annoyance, inconvenience or needless anxiety
• Knowingly giving false alarm to a person acting on behalf of a fire and rescue authority
• Drunk and disorderly behaviour
• Consumption of alcohol by a person under 18 or allowing such consumption
• Buying or attempting to buy alcohol by an under 18
• Sells or attempts to sell alcohol to a person who is drunk
• Trespassing on a railway
• Throwing stones at a train
• Drunk in the highway

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