Independent Custody Visiting scheme

Report: 4
Date: 30 April 2009
By: the Chief Executive

Summary

The purpose of this report is to detail the roles, responsibilities and current work of the ICV team. The report details progress made and new developments since April 2008 in relation to the Independent Custody Visiting Scheme (ICV). Advice is sought from members on contents of future reports.  

A. Recommendations

That members

1. note progress made; and
2. consider what information would be valuable to them in future reports in relation to this statutory responsibility

B. Supporting information

Context

1. An update report on the ICV Scheme was due to go to committee in the autumn but a decision was taken to delay this due to the changes to the committee structure. As this is the first report to committee since February 2008 and in recognition of the fact that membership has changed in the intervening period, all key areas have been covered and some background information has been provided. Members may like to request that subsequent reports focus on specific areas of interest.

2. Independent Custody Visiting became a statutory requirement for police authorities under paragraph the Police Reform Act (PRA) 2002. The scheme has the full support and cooperation of the Commissioner but is independent of the police.

3. From its beginnings in Lambeth in 1984, the scheme now operates across all 32 London boroughs and currently has 404 volunteer visitors. Independent Custody Visitors are organised into borough based panels according to where they live, work or study. Each panel has a chair and vice chair and is supported by an MPA staff member who, working with the panel chair, coordinates activities and ensures its efficient management.

4. ICV panels hold their local police to account for the treatment of detainees on behalf of their communities. Pairs of panel members visit each of the MPS’s 54 24/7 operational custody suites in their boroughs once a week. Police representatives attend local panel meetings to discuss the panel’s reports on the visits and to assist in rectifying any problems or concerns raised which affect the running of custody and conditions for detainees in the borough. Since 2007, the MPA has also provided an independent custody visiting service to the British Transport Police Authority (BTPA).

Key performance indicators

5. The performance of the scheme as a whole is dependent on the performance of the 32 individual panels which it encompasses. Key performance measures include identifying the number of visits taking place against set objectives, how effectively issues arising out of visits are addressed, how effectively the panel communicates with the local community about the scheme and how effectively the MPA recruits to the scheme (in order to be able to fulfil the scheme objectives).

Panel performance

6. Since taking over the administration of the scheme in April 2007 systems have been in place to monitor visit performance and to address any under-performance with individual ICVs and panels.

7. Each panel has a target number of visits which they are expected to achieve based on the number of custody suites they visit and the frequency of visits agreed between the MPA and the Commissioner (usually one visit per week to each 24/7 facility). Performance is monitored on a quarterly basis and panels are appraised of their performance by their ICV Coordinators.

8. The majority of panels meet, or come very close to meeting their performance target. The MPA considers that panels who regularly achieve over 80% of their target are performing well, while continuing to encourage improvement and emphasising the importance of not missing visits. Performance in relation to visiting targets for the scheme as a whole currently stands at 82%, however it should be noted that a small minority of panels are regularly ‘over-visiting’ by undertaking two visits per week, rather than the frequency agreed between the MPA and the Commissioner of one visit per week.

9. Over the course of the last year only four panels have given us cause for concern in terms of their performance. Poor performance can occur for a variety of reasons. Where this is a result of low panel numbers the MPA will, with the agreement of the panel Chair, seek short term assistance from other panels until numbers have increased sufficiently to allow the panel to work autonomously again. Poor performance can also occur as a result of individuals failing to undertake their scheduled visits and not informing the MPA. This is more difficult to address, particularly where the Chair is reluctant to emphasis the importance of performance with the panel. However by keeping visit performance on the panel’s agenda ICV Coordinators ensure that this is addressed and that improvements are made where required. Please see Appendix A for current information on individual borough performance.

Issues and concerns arising from visits

10. Issues or concerns which arise out of ICV visits should be addressed with the police by the ICVs on completion of the visit. Where an immediate response cannot be given, the MPS are asked to provide a response to the next meeting of the ICV panel, which a police representative attends.

11. Where a significant issue of concern is identified, the panel Chair or ICV Coordinator will usually seek a response from the police prior to the panel meeting. Clear processes are in place to allow issues to be escalated locally where necessary and ICVs are aware that issues which have not been resolved locally can be escalated via the MPA to the Custody Directorate. The ICV Scheme Manager has regular scheduled meetings with the Custody Directorate Lead to share information and raise relevant pan-London or borough concerns. Responses from the Custody Directorate are fed back to individual panels and the ICV Newsletter provides a broader mechanism to share with ICVs information from these meetings.

12. Across the scheme as a whole, no complaints raised by detainees during the vast majority of ICV visits and where issues are raised, the majority are of a minor nature. This should be considered to be a very positive outcome for the scheme. Frequently raised issues across the scheme in 2008 include: concerns over delays in arrival of FMEs, lack of access to showers/washes for detainees, lack of training and awareness of the ICV role leading to delayed access, concern over people with mental health issues being held in custody, concern around the length of time immigration detainees are held and general concerns over the condition/cleanliness of some of the custody suites, including temperature/ventilation. It is critical that all issues raised are dealt with to the satisfaction of the panel concerned and it is the panel’s responsibility to ensure, with support from the ICV Coordinator, that the response they receive from the police fully addresses their concerns. A chart showing issues raised over this period can be found at Appendix B.

Community Confidence

13. Community confidence is a key objective for the scheme – specifically seeking to ensure that the community retains confidence in how those detained in police custody in London are treated during their detention.

14. The annual report is the panel’s main vehicle for communicating with the wider community about their work. ICV panel Chairs are encouraged to attend their local borough Community Engagement Group (CEG) on a regular basis and to present their annual report at this forum each year.

15. Once agreed by the panel and presented to the CEG, the annual report is also distributed to the MPA link member, a range of local community groups, libraries, MPs, the local police liaison and the borough Commander. Annual reports also appear on the MPA’s website.

16. The MPA still needs to do more to increase community confidence in the ICV scheme. A central element in this process is this to raise awareness amongst Londoners about the existence of the scheme. This is covered on page 5 under Scheme Objectives and remains a key priority.

Diversity monitoring

17. In the spring of 2008 the issue of diversity monitoring was formally raised by the MPA at a meeting with ICV Chairs. Laurence Goldbourne, the then head of the Equality & Diversity unit at the MPA, attended to give a presentation to Chairs on the importance of diversity awareness and the rationale for diversity monitoring.

18. In the summer of 2008 a diversity monitoring questionnaire (approved by the EDU) was sent to all independent custody visitors with an accompanying letter. ICVs were asked to complete the form and return it to us. Of 365 forms sent out, 260 were returned, a response rate of 71%.

19. Applicants to the scheme had been asked to return a diversity monitoring form with their application since the ICV took over the administration of the scheme in April 2007, but many pre-existing ICVs had never been asked to complete a monitoring form and therefore up to this point the MPA had no information about the diversity of the ICV scheme beyond age and gender.

20. The outcome of the diversity monitoring exercise can be seen at Appendix C. As a result of this exercise it is now be possible to seek to ensure that ICV panels reflect the diversity of the boroughs in which they operate, which is an important element in relation to community confidence.

Recruitment

21. Recruitment remained a core priority for the scheme during much of 2008. At the time of the last report in February 2008 there were 359 ICVs in London. Subsequently, numbers increased from 376 in April 2008 and currently there are 404 ICVs in London. In addition there are a further 101 applicants awaiting interview and 21 going through vetting. The use of free adverts in the Metro and Evening Standard continues to be an extremely successful mechanism for recruiting to most boroughs. Where this has been less successful (for instance with some outer London boroughs) local media has been used successfully. In addition the scheme is listed as a volunteering opportunity with all volunteer bureaux in London and with Do-it.org.

22. The majority of panels currently have the requisite number of ICVs to meet their visiting requirements and it has been necessary to operate waiting lists for some panels. There are four panels where intensive recruitment is an ongoing need and this is being addressed. Further information on recruitment by borough can also be seen at Appendix A.

23. Having monitored the diversity of existing ICVs for the first time in the summer of 2008, it is now possible to look at targeted recruitment for panels. Over the course of the next year action plans will be put in place for boroughs where targeted recruitment would be beneficial.

Scheme objectives 2008/09

Raising awareness

24. During 2008 raising awareness of the ICV Scheme was prioritised alongside recruitment, and this will continue in 2009 and beyond. ICV Information Evenings were held at the MPA in May and November 2008 with a total of 118 members of the public expressing and interest and 51 attending (15 of whom went on to apply to the scheme). Two ICV Chairs attend the evening to talk about their experiences as ICVs and explain the visiting process, with MPA officers talking about the role of the MPA and how the scheme operates. The format of the evening seems to been quite successful and will be continued in 2009.

25. In early 2009 a radio advertisement was commissioned to raise awareness of the scheme, particularly amongst young people, who are one of our target audiences. The advertisement was aired on Choice FM during the week of 23rd March and the webpage received 104 hits during the week long campaign. The advertisement is now on the MPA website and can be aired on other radio community or local radio stations as required.

26. In March 2009 the ICV recruitment poster was aired on community TV sites throughout Richmond, including RFU rugby stores, Richmond College, Twickenham Station, Civic Centre, Teddington Memorial Hospital Walk-in Centre, Hampton open air pool, Richmond Station, Marks and Spencer in Richmond &Kew Retail Park, and Sheen Lane Centre. Work is underway to utilise other community TV services where these exist.

Training

27. Improving and diversifying the training provided to ICVs was identified as a key priority during 2008, with further work planned for 2009.

28. The MPA uses the national Independent Custody Visiting Association’s training manual and trainers to deliver initial training to ICVs. The initial training session consists of 6 hours learning, either split over two week day evenings or a Saturday. Since April 2007, ICV Co-ordinators have been involved in the delivery of initial training, ensuring that ICVs have an awareness of the importance of the ICV Handbook and how the London scheme operates.

29. In relation to training, key achievements during 2008 include the development and trial of eight modules of refresher training which were designed by the ICV team to meet ICVs’ identified ongoing learning needs. Modules have been designed to be delivered ‘in panel’ as short, stand alone exercises, or can be used together to deliver a longer ‘refresher training evening’. A list of modules can be found at Appendix D. Further modules will be developed during 2009.

30. Training for ICV Chairs, Vice Chairs and prospective Chairs was developed during the summer and autumn of 2008, with the first Chairs training taking place in November. Following evaluation, the training was re-developed to give participants more varied learning opportunities and the second course was delivered in February 2009. It is likely that a third course will be delivered in the autumn and then yearly or as required.

31. Diversity training for ICVs was identified as a priority in early 2008. Working with colleagues from the MPS Diversity Learning and Development Branch (part of the Human Resources Directorate), a bespoke training for ICV Chairs and Vice Chairs was developed. The first session was delivered in November and a subsequent session held in March 2009.

32. Work will continue with Met colleagues to adapt the content of the training for non-Chairs with the intention of delivering a rolling programme of diversity training from this year. Our objective is to make diversity training integral to the scheme and we aim to provide all existing ICVs with this training within five years.

Communication

33. Regular communication with ICVs is important to the scheme’s success and has become easier since the MPA began providing direct administrative support in April 2007. In addition to contact with the MPA at panel meetings, all ICVs receive a regular bi-monthly newsletter produced by the ICV team. Newsletters are also available on the MPA website.

34. A conference for London ICVs is held every two years. In April 2008 the 3rd London ICV Conference took place at the Park Plaza Riverbank Hotel. Almost 100 ICVs attended to hear a range of speakers talk about improving the custody environment. ICVs also received a presentation on the use of Tasers from two members of the MPS Territorial Support Group.

35. Panel Chairs and Vice Chairs are invited to meetings with the MPA twice a year. Each meeting has a speaker and topics have included the MPS cleaning contract, Project Herald and custody nurses, diversity awareness and diversion from police stations as a place of safety. As well as listening to the speaker, ICVs have the opportunity to raise issues of concern in relation to custody, to gain updates from the MPA on a range of issues and to hear from their colleagues in other boroughs.

36. Since April 2007 ICV panels have been grouped in to four geographical clusters. The Chairs and Vice Chairs of each panel are invited to meet together twice a year in their clusters to discuss issues of mutual concern. These meetings are facilitated by ICV Co-ordinators. Speakers have also been arranged for cluster meetings and this has proved popular with ICV Chairs.

Self Introduction pilot

37. In October 2008 the MPA started to pilot ‘self-introduction’ in four boroughs. This followed a request from ICVs in London who were aware of a trial in Hampshire where uptake on visits increased by 35% during a similar trail.

38. Self introduction involves ICVs introducing themselves to detainees directly and asking the detainee whether or not he/she wishes to speak with them, rather than being introduced by the escorting officer. The London pilot formally concluded on 31st January and the subsequent evaluation showed an overall increase of 9% in uptake of visits by detainees (though figures differed from borough to borough, with one borough showing a slight decrease).

39. Following the formal evaluation of the pilot, a meeting was held with Chairs/Vice Chairs of the boroughs involved where it was agreed that the existing four boroughs would continue with the pilot and the MPA would select an additional 8 boroughs from the 19 who originally put themselves forward, to participate in a larger, extended pilot.

40. It is likely that the extended trial will start in May or June and will continue until the end of December 2009, when it will be evaluated.

ICV Handbook review

41. The ICV Handbook was first published in April 2007, with a copy given to all ICVs and each custody suite. At the time of publication, it was agreed that the Handbook would be reviewed after one year and a review was started in the autumn of 2008. All ICVs were written to an invited to submit suggested amendments as part of the Handbook review and a small number of submissions were received.

42. A log of suggested amendments had also been kept by the ICV team. Both sets of suggestions have been assessed against a change-framework to determine whether or not they are to be accepted as amendments.

43. Changes to the handbook are currently being made with a view to a new version being produced in the early summer of 2009. The new Handbook will have a three year review date and accompanying policies will have staggered review dates with a view to ensuring they are all reviewed by 2012.

C. Race and equality impact

1. The new governance arrangements and further development of the scheme over the past year have had a positive impact on performance, recruitment and diversity. Resources continue to be pooled in advertising for new ICVs, alongside local and targeted recruitment. Alternative methods of advertising, such as the Radio advertisement have been tested. This has meant that the location and method of advertising across London has been broadened, enabling the scheme to reach a wider and more diverse audience.

2. MPA staff attending meetings enables us to ensure that MPA values are disseminated to panels and that equality issues are upheld.

4. The involvement of MPA staff in delivering training to ICVs and the provision of diversity awareness training means that we can ensure that equal opportunity policies are adhered to and issues of equality and diversity are consistently addressed as part of training.

5. Central monitoring of diversity, which was achieved for the first time in 2008 enables the MPA to strive towards ensuring that the scheme truly reflects the diversity of Londoners – an important element in addressing community confidence.

6. Effective information gathering about visiting, made more possible through the development of a more robust visits database (delayed from 2008, but now underway) will enable the MPA to better identify and address with the MPS issues affecting the treatment of detainees and to secure an improved service.

D. Financial implications

1. The budget for 2008-09 was £486,205 on which an under-spend of £56,000 was achieved. Significant savings were made in relation to the ICV conference, volunteer training and expenses, staff travel and marketing/printing and recruitment. Funding from BTPA for the delivery of an ICV service has also benefited the budget.

2. The system for monitoring, recording and paying volunteer expenses, introduced in April 2007, has enabled the MPA to accurately cost a key element of the scheme, which is a significantly positive step in managing the business.

3. The costs of the proposed new visits software development will be met in full from funds carried over from 2007/08 as agreed by SMT.

4. The budget will continue to be reviewed throughout the course of 2009/10 and any significant additional resource implications or deviations from the proposed operating budget will be reported back to CECF.

E. Background papers

None

F. Contact details

Report author(s): Kerry McClelland, ICV Scheme Manager, MPA

For information contact:

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

Appendix D

List of refresher training modules

Visit Report No 1

A mock visit report with 5 serious and 5 minor errors which ICVs should highlight. Allows brief discussion of issues around using the form and what fields are essential. Coordinator can point out the common errors found tailored to each panel

Visit Report No 2

This visit report has slightly more sophisticated content. ICVs learn how to focus on visit outcomes.

Myth Busting

A list of things ICVs ‘know’ about custody visiting. ICVs identify what are facts and what are myths on a list distributed by coordinator. Allows for brief discussions on best practice

Rights and Entitlements

ICVs identify from a list distributed by coordinator what is a right and what is an entitlement. They’re also asked to state briefly what the difference is. Gives the opportunity to state clearly the hierarchy of concerns and what should take priority during a visit.

Access

Access to the custody suite, access to detainees, access to custody records and information. What are the likely problems and how they can be overcome by knowing the rules?

The Clock

Relevant detention time – what does it mean? When are reviews carried out and by whom? How much does the detainee know about it?

Walk Through a Custody Visit

A step-by-step walk through the process with tips and reminders to make the visit efficient but worthwhile. Gives ICVs the opportunity to say how they might do things differently. Requires the coordinator to keep things moving along and not dwell on each stage too long – other modules can address specific concerns.

Categories of Detainees

Who is covered by PACE? How long can immigration detainees be held? What do WOW and NIPD mean? How do rights and entitlements vary?

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