Custody issues

Report: 4
Date: 11 June 2009
By: Chief Executive

Summary

This report provides members with background information on broader developments concerning custody which inform the ICV Scheme, but do not all necessarily directly impact on it. It provides details of the MPS working groups that the Scheme Manager attends and it is hoped that this is helpful in providing members with a broader context in which to position the work of the ICV Scheme.

A. Recommendations

That members

1. note the contents of the report.
2. provide guidance on what information would be valuable to them in future reports.

B. Supporting information

Context

3. In addition to managing the ICV Scheme, the ICV Scheme Manager sits on a number of regular MPS working groups. The three main groups are the Borough Based Custody Centre Project Board, the Safer Detention Working Party and the TACT (Terrorism Act) Project Board.

4. The purpose of this report is to provide members with some information concerning these areas, alongside other relevant recent developments in custody. Developments range from the introduction of Project Herald, to the inclusion of information on ICVs in training for custody staff, to improvements in custody processes.

Borough Based Custody Centres (BBCCs)

5. In the 2003 Service Improvement Review of Custody Capacity it was highlighted that the MPS’s stock of custody suites were aging, insufficient and in some cases, not fit for purpose. In many cases the custody suites were inside Victorian buildings which gave very little scope for improvement. This was having an impact on performance and the care being given to detainees.

6. Through the Estates Strategy the MPS put in place an ambitious ten year building programme to rectify this position. This proposal was agreed by the MPA in 2006.

7. A priority plan was developed and custody centres were progressed according to priority need and availability of a suitable existing site for adaptation or land on which one could be built. The original priority list for the first phase of development included: Haringey, Hillingdon, Merton, Waltham Forest, Barking & Dagenham, Lambeth, Croydon, Greenwich, Wandsworth, Enfield, and Hammersmith & Fulham.

8. A generic custody suite design has been developed with the intention of replacing or renewing one custody suite on each BOCU. These suites would either be stand alone complexes or combined with a Patrol Base, dependant on the needs of each BOCU and the availability of suitable land. The BOCUs of Bromley, Lewisham and Sutton would not be included in this renewal process as they have recently had new suites under a PFI scheme (Private Finance Initiative).

9. The size of each suite is dependant on the needs of each BOCU, but generally consists of either a 30 or 40 cell complex. These suites will be fitted out with modern facilities to ensure the detainees are looked after safely and more comfortably with the inclusion of washbasins in each cell, full CCTV coverage, more showering facilities and a number of cells suitable for very vulnerable detainees. Their time spent within the custody environment will be kept to a minimum due to the suites having at least six interview and consultation rooms, six charging positions, as well as a separate discreet charging area and a ‘bail to return’ room, two Healthcare Professional rooms (for onsite Custody Nurse Practitioners) and separate rooms for taking fingerprints, photographs and Cozart drug testing. The suites will also contain technological advances to assist both staff and detainees.

10. The present downturn in the property market and the continuing review of the Estates Strategy has resulted in a reduction in the level of capital receipts available to fund the MPS capital programme. The programme has now been re-prioritised to reflect the lower level of funding and a reduced number of BBCCs are currently being progressed with the remaining priority sites being put on hold for the moment. However Waltham Forest (Leyton) is due to be completed in Oct 2010 and Barking & Dagenham (Fresh Wharf) in Jan 2011. It is hoped that Heathrow (Polar Park) may also progress within this timeframe, but this is contingent on additional funding being approved. The schemes at Merton, Wandsworth, Croydon and Haringey are still moving forward and have the funding to be completed by 2014.

11. As part of the MPA member led review of the Estates Strategy, members have indicated that they support the continuation of the BBCC build programme. It is hoped that further BBCCs will be progressed if funding can be identified to support them.

Provision for detainees held under the Terrorism Act

12. The Custody Directorate has undertaken a review of the accommodation used for detainees held under the Terrorism Act (TACT). An extensive refurbishment programme has taken place to update the cells at Paddington Green. This has led to the provision of an environment that conforms to the human rights of TACT detainees detained for up to 14 days and in exceptional circumstances up 28 days [1].

13. The new facilities will be operational from the middle of June 2009 and refurbished cells will include washing facilities, a vanity unit, improved bedding, a designated exercise yard, improved natural lighting and in-cell audiovisual equipment with fixed broadcast options.

14. The current facility has a limited lifespan. The TACT Project Board have identified a number of potential sites for a new high security custody facility with more cell capacity. Funding has been secured from the Home Office to extensively upgrade an existing facility that will increase TACT cell provision across the MPS to 16 cells. A design footprint has been developed and work is underway to produce a more detailed plan.

15. From the options available a favoured location has been identified and a sub-group of the project board convened to identify key stakeholders who will be engaged once plans have been formalised. The engagement strategy has been developed and instigated amongst high level representatives.

16. Funding has been obtained to conduct a feasibility study in conjunction with a blast structural assessment. It is envisaged that building work on a new bespoke facility will commence in June 2010.

Safer detention

17. Many improvements to custody safety have been introduced since the formation of the Custody Directorate in 2004.

18. The Safer Detention Working Party meets to discuss all aspects of detention which can be positively impacted in order to improve safety for detainees. Areas covered include compliance with the Safer Cells programme, training for custody staff, sharing learning from successful interventions in custody. This has led to a significant improvement in the reporting of and learning from such incidents. Recommendations from the group inform the Custody Standard Operating Procedures (SOP) which directs the delivery of custody services across London.

19. Some examples of recent improvements in this area:

• All custody suites now have safer cutlery which doesn’t snap to create sharp shards of plastic which could be used to self harm.
• A leaflet with details of support agencies has been produced to give to detainees pre-release. Detainees will be offered the option of police contacting an agency on their behalf prior to their release if they wish.
• An information leaflet has been produced to be given specifically to all female detainees which provides information on what they can ask for whilst they are in custody including feminine hygiene products and to be seen by a female officer.
• All detainees will now be asked routinely as part of the booking in process whether they have anyone who depends on them.
• A clinical support desk has been embedded in to the London Ambulance Service (LAS) and all custody staff will be given the number as a fall back resource.
• The carrying of ligature cutters by all custody staff.
• A significantly revised and improved form and process for the communication of clinical care for all arrested persons taken to hospital (form 170).

20. The Custody Directorate has also been working towards implementation of the recommendations of the national guidance for ‘Safer Detention & Handling of Persons in Police Custody’.

21. The Custody Directorate conducts supportive custody inspections across the MPS to ensure compliance with the Custody SOP, national guidance etc and to prepare BOCUs for HMIC/HMIP inspections. Every BOCU has been inspected and follow up inspections are well under way. All reports are published and made available to the MPA.

Project Herald

22. Project Herald is set to achieve significant efficiencies for the MPA/MPS as a result of an innovative approach to delivering custodial care across the MPS, in the delivery of both forensic medical care and custody services. The project is focused not only on the restructuring of the current custody teams, by increasing the total number of Designated Detention Officers (DDOs), but also the introduction of Custody Nurse Practitioners, therefore creating a multi-disciplined custody team, supervised and supported by Custody Officers. Forensic Medical Examiners will be available on an on call basis.

23. Some of the advantages of this staffing model are:

• The provision of a dedicated team enables the development of knowledge and expertise in custody which is likely to have an impact in terms of raising standards
• Custody sergeants will be freed from administrative tasks leaving more time to oversee manage the custody environment, again contributing to raising standards
• Detainees will be seen more promptly by a health care professional dedicated to custody
• A range of 15 drugs will be maintained in the custody suite and can be dispensed immediately by the health care professional, without the need for a trip to the pharmacy

24. Following the delivery of two successful pilots for the DDO strand of the project, (LB of Newham & LB of Waltham Forest) the inputting function of the DDO role is proven to reduce admin errors, and overall detention time. Herald will be rolled out across the custody estate over the next three years.

25. The recruitment campaign for Custody Nurse Practitioners is underway. Phase 1 aims to have the first nursing teams deployed to BOCUs in September 2009. The nurses will be operational on a 24/7 basis within the primary custody suite of each of the 32 boroughs. The nurses will be conducting clinical assessments, identifying and implementing appropriate interventions, collecting forensic samples, providing advice and guidance and maintaining detailed and accurate records to ensure the health, safety and welfare of detained persons held in police custody.

26. Once these multi-disciplined teams are in place the MPS will benefit from improved performance and custody processing times, delivering increasing cell availability and data quality and a safer custody environment. This will enable boroughs to reduce their overall numbers of Police Sergeants and Police Constables, and make more efficient use of the Forensic Medical Examiners.

Training for custody staff

27. All custody sergeants are required to attend a 10 day initial custody course, using the NPIA Safer Detention Learning Programme as its basis. Visitors to the custody suite (including Independent Custody Visitors) are covered as part of this training. Custody Directorate are currently working with NCALT to develop a gaolers training course. Similar courses have been developed for DDO in-putters and Custody Nurses. The Custody Directorate also provides training to the Inspectors’ operational skills course.

28. A pilot course has been run for officers who have been Custody Officers for more than 10 years since their custody course, this has been evaluated and is currently awaiting a decision on future implementation. Likewise, the one-day Custody Refresher Course has been reviewed after completing its training cycle.

Improvements in custody provision

29. The Custody Directorate are continually seeking ways to improve standards and provision for detainees across the estate. The ICV Scheme Manager has regular meetings with the Custody Directorate Lead to discuss broader custody issues, as well as pan-London issues raised by ICVs. Issues raised by ICVs are responded to and fed back via a variety of mechanisms.

30. Examples of recent improvements introduced include:

• The introduction of proper towels for use by detainees following a shower – these towels will replace the paper roll that has been used for this purpose. This comes out of frequent requests by ICVs that detainees be offered showers and provided with suitable material for drying themselves,
• Custody staff to facilitate ICVs use of language line. Where ICVs have a concern about a detainee who cannot communicate with them in English, they can now ask to use the language line service available in the custody suite in order to speak to the detainee

31. From a strategic perspective, the Custody Directorate are also examining at how custody provision could be enhanced across London through fundamental changes in delivery, structure and provision. A series of facilitated workshops, targeted at Borough Commanders have recently taken place. A report will be produced based on the outcome of the workshops and it is likely that a proposal around changing existing provision will be developed over the coming year.

Virtual courts

32. Following a successful pilot of a virtual court in Southwark in 2007 which found that the time between charge and first hearing could be cut from an average of 10 days to around four hours, the pilot is now being extended. Virtual Courts will be set up in Lambeth, Southwark, Greenwich, Bromley, Croydon, Sutton, Bexley, Lewisham and Westminster over the course of this year. An estimated 15,000 cases are expected to be dealt with using the Virtual Court during the one-year pilot.

33. The use of the Virtual Court model means that (currently with the detainee’s consent) cases could be heard at a magistrates' court via secure video link from the police station within four hours of a defendant being charged. If successful, this could significantly cut costs, free up police and magistrates' court's time and improve the service given to victims and witnesses.

34. Feedback from Independent Custody Visitors in Southwark, who witnessed the trial, was generally positive.

35. Plans for borough based custody centres have been adapted to allow for the inclusion of space which could be used for virtual courts.

C. Race and equality impact

Improvements to the custody environment detailed in this report are likely to have a positive impact on detainees, custody visitors and MPS staff and in terms of equality strands.

D. Financial implications

None for the purposes of this report.

E. Background papers

None

F. Contact details

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

For information contact:

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

Send an e-mail linking to this page

Feedback