Transfer of responsibility for rape investigations

Report: 9
Date: 15 October 2009
Joint Report by Assistant Commissioners Territorial Policing and Specialist Crime Directorate on behalf of the Commissioner

Summary

Further to the report to Committee Members on 7 May 2009, an implementation team with oversight from a formal joint TP/SCD Project Board has been actively progressing plans to transfer the responsibility for the investigation of rape and serious sexual offences from TP to SCD.

This report outlines the activities to date which have been completed to an acceptable standard and on 8 September 2009, Management Board approved the transfer of responsibility on 23 September 2009.

The key remaining risks identified relate to:

• Staffing levels, permanent recruitment and training
• Accommodation and the need for additional suitable sites to be identified/moves to new sites to be completed
• Delays in developing a dedicated reactive Intelligence Unit for SCD2
• Future financial implications
• Support from the Crown Prosecution Service and compliance with joint NPIA/CPS guidance
• TP Detective/Investigative resilience

Inspection and review processes will take place to support implementation and track benefits prior to April 2010. The project board will continue to meet to oversee full implementation and ensure that the anticipated benefits are delivered.

A. Recommendation

That

1. members note the content of this report, which is provided as an update to a previous report to this Committee on 7 May 2009; and
2. note the budget realignment of £21.497m (2008/09 prices) from TP to SCD to reflect the transfer of functions between business groups.

B. Supporting information

Introduction

1. In April 2009 the SCD2-Sapphire Implementation Project Board was instigated, chaired jointly by Commander Foy, SCD Homicide and Commander Simmons, TP Violent Crime Directorate, with representation from relevant MPS business groups, the MPA and an independent sexual violence stakeholder representative. A dedicated implementation team was created with members experienced in a wide range of serious crime investigation and project management, supported by a dedicated project manager.

2. Following PRINCE II project management principles, documented updates on progress have been given to the project board on:

• Finance
• Intelligence
• Operations and forensics
• Risk management
• Human Resources
• Accommodation and resources
• Communication
• Performance
• Crime management
• Business support

3. The project benefited from input by a wide range of well informed and experienced individuals who have variously participated as members of the project board, the implementation team, as focus group and listening session attendees, in reviewing specific areas of policy, advising on equalities issues and providing specific guidance on media, staff training, employment law, shift patterns, recruitment, professional standards, victim care, domestic violence, child protection and vulnerable victim groups, benefits, performance, strategy development and leadership training.

4. Key activities undertaken during the project were:

• National best practice and 2009 joint NPIA/CPS rape investigation and prosecution guidance was researched, MPS policy and Standard Operating Procedures (SOPs), reviewed and updated with oversight from the Diversity and Citizen Focus Directorate (DCFD) on any equalities impact .
• Crime reporting data was analysed to identify peak times/locations of demand for initial and secondary investigations and staffing levels with consistent maximum case loads for teams have been agreed.
• Partnership demands on managers were assessed and a maximum of 2 Boroughs per SCD2 team agreed. Consultation with Boroughs, TP Commanders, SCD5, the Havens and CPS informed the creation of SCD2 teams and regions. A map is attached at Appendix 1.
• The structure for a dedicated Sapphire team was agreed and the TP Sapphire staff budget was converted into the maximum affordable staff and shift patterns developed to provide minimum staffing and 24/7 capability, with no on-call duties for Federated ranks, supported by 4 Superintendents covering on-call 24/7.
• Recruitment was MPS-wide to ensure those staff with the most appropriate skills and experience were selected. All of the implementation team have filled operational roles, aiding consistency of understanding and expertise across the OCU.
• A new 1 week training course provides an induction to SCD2, setting standards for all members of the Command, refreshing knowledge and the new operating procedures, raising awareness of objectives and crime recording standards and clearly placing high standards of victim care, effective investigation and public protection principles at the centre of activities. Delivery began on 3rd August at the Crime Academy and the 18 new office managers had an additional half day induction session in September.
• Memoranda of Understanding have been developed with key internal departments including Territorial Policing, Homicide, Clubs and Vice, Operation Maxim, DPS, the Child Abuse Investigation Command and the Metropolitan Intelligence Bureau (MIB).
• Performance and risk management frameworks have been developed to track progress against objectives for the new OCU, MPS performance targets and delivery of the anticipated benefits of change.
• A new SCD crime management capability has been developed to support the additional 4,000 crimes a year which SCD2 expect to investigate and provide increased oversight of crime recording standards and compliance.
• SCD Business Support audited Sapphire accommodation and resources to identify gaps in provision and suitable locations for the new teams. This has involved co-locating several of the smaller teams to one larger, more suitable site, from which staff can respond to incidents in 2 Boroughs in a timely manner.
• Close liaison with Haven staff and managers, with Victim Support London, CPS London and members of the Sapphire specialist advisory group has been one element of the partnership and stakeholder consultation and communication. Form this, a new Community Engagement Strategy has been developed with support from the DCFD, identifying Police, Partnership and Community networks and a new Reference Group has been formed to provide a wide range of feedback to the Command and to help build trust and confidence in the services delivered by SCD2.
• A detailed communications plan was developed and updated to ensure effective communications with staff, stakeholders, victims and the public. Broad communication internally and externally has been a key element of the project, with the early creation of a new SCD2-Sapphire Intranet site and a revised external website page.

Financial, resource and accommodation issues

5. Structured discussions overseen by the joint SCD/TP Project Board and the Director of Business Support Finance services, have taken place between TP and SCD to finalise the level of budget for transfer to SCD. This has resulted in a full-year budget transfer of £21.297m (2008/09 prices) from TP to SCD in respect of the Sapphire units. The transfer will take place on 1 October 2009 together with £200k budget for seven support staff required by SCD to administer the new command (see below).

6. The TP budget supported 367 dedicated police officers and 3 police staff operating daily between 8am and 10pm with out of hours on call provision. Within the new SCD2 model, 348 officers and 22 staff will provide a 24/7 service. The combined pay costs of the SMT, dedicated Sapphire teams and office managers, are comparable with those of the previous TP model whilst providing extended hours of on duty service provision, improved use of police staff to support operational officers and a dedicated line management structure through the efficiency savings generated. In addition, SCD require seven support staff to administer the new command. TP have agreed to transfer budget cover of £200k in respect of this expanded functionality in SCD.

7. Further work is currently being undertaken to support the intelligence capacity of the new Command, as part of a wider review of the MPS’s handling of intelligence relating to all sexual offences. This is seen as a significant contributory factor to the success of the new Command. Management Board will consider proposals on this matter. Further details of this are outlined below (paragraphs 22 – 26)

Additional efficiencies have also been achieved as follows:

SCD business support

8. The alignment of SCD2 alongside SCD1, has allowed the new Command to access the full range of SCD1 business support functions and has allowed SCD2 to receive daily management support from:

• One commander and his staff office team
• One band B business support manager
• Three band C managers covering training, finance and resources
• Two band C staff covering HR.
• One detective inspector supervising the SCD crime management unit

Accommodation efficiencies

9. Re-location of the teams to their new accommodation has been achieved without additional expense on new or extended leases or freehold purchases, by existing or available accommodation within the MPS being re-allocated through negotiations with PSD/SCD and TP.

10. The re-configuration of the current TP Sapphire teams from 31 sites to 18 has released 14 sites for alternative use within the TP estate, creating hitherto unavailable office space and a further number will be released once longer term solutions are secured. The smaller number of new Sapphire teams have made better use of existing space by internal moves and facilitated the sharing of SCD1 operational offices in Sutton and Lewisham to create space for the SCD2 Intelligence Unit, OCU Commander and superintendents.

11. Most accommodation issues have been resolved but a few remain. It is expected that these will be resolved by SCD working in conjunction with PSD to utilise existing MPS estate and co-locating with other MPS units. Any financial costs associated will be met from existing SCD budgets.

Support for victims and partnerships

12. SCD2-Sapphire staff will have specific responsibility for the requirements of the Victims Code of Practice (VCOP) beyond primary investigation, including the identification of vulnerable or intimidated victims or witnesses, providing progress reports, notifying victims of arrests and key decisions about criminal proceedings. SCD2-Sapphire will be responsible for VCOP performance monitoring in respect of all offences within its remit and will undertake all referrals to Victim Support Services.

13. TP will continue to facilitate access to support services for all victims, offenders and their families. This will include service providers within the crime and disorder partnerships, especially where victims of rape and serious sexual offences also suffer from domestic violence e.g. Independent Sexual Violence Advisors Crisis Intervention Workers, Independent Domestic Violence Advisors. Each SCD2-Sapphire team will engage in local statutory and non statutory partnerships and will arrange a local sexual offences forum twice a year.

14. Proposals are being progressed by the SCD2 Commander and Victim Support London, to secure additional victim feedback, as well as feedback from Victim Support staff who continue to provide inputs to SCD2 training.

15. With the support of key stakeholders, a revised MPS sexual assault victim feedback process has been developed to ensure a greater voice for victims of a wider range of sexual violence, as previous feedback was sought only from rape victims. Results will continue to be analysed by the Strategy and Improvement Directorate.

16. A new Community Engagement Strategy has been developed which includes the creation of a new reference group of individuals from a wide range of backgrounds including survivors, victim support groups, sex worker support groups, educationalists, media experts, domestic and honour based violence experts, experts in mental health and disabilities, youth workers and others well placed to provide the MPS with feedback and suggestions on improving victim care and enhancing wider trust and confidence in the recording and investigation of sexual crimes. These new arrangements are being monitored by a broad audience, including representatives from the 6 diversity strands.

17. Liaison with the key partner agencies has been part of the planning process from inception. This has been actioned through briefings with criminal justice agencies and regular meetings with key individuals within the Home Office Violent Crime Unit., The Havens, CPS London and Victim Support London. The OCU Commander has worked closely with the ACPO Rape Support Programme and briefed the new ACPO Rape lead, Chief Constable Whatton.

18. SCD2-Sapphire has engaged with the GLA and provided feedback on the Mayor’s violence against women and girls strategy and will continue to be involved in future developments.

19. A proposal is currently being progressed for CPS London to provide a team of dedicated lawyers to support investigations and prosecutions of rape. This would be a joint working initiative to facilitate CPS London in providing legal advice compatible with the timescales of the April 2009 NPIA/CPS protocol on rape. A review is currently being conducted bi-laterally and multi agency scrutiny and support is provided by the London Criminal Justice Board. It is hoped improvements can be in place by April 2010, supporting all MPS rape investigations and all SCD2 crimes.

On-going work

Staff recruitment

20. The standard of staff recruitment was set at the start of this project that no members of staff would automatically transfer to SCD2, but all would apply through a formal process, to be selected on their skills and experience. This approach was amended in July 2009 due to the 112 vacancies when Project Board agreed that Boroughs would identify this number of constables for 6 month attachments. Standards are being maintained by all of these staff being qualified substantive detectives or trained SOITs; any staff currently under investigation by the IPCC have not been selected. This will leave a maximum 5% vacancies to be managed. The next phase of recruitment November 2009 is intended to secure full staffing for April 2010.

Training

21. To date 152 staff have been trained including 66% of the new DIs. The original goal was to complete training by January 2010, but due to the need for a further recruitment campaign, training will extend to April 2010. Whilst this may impact negatively upon service delivery and performance, to mitigate this, those temporary staff who indicate an intention to apply to remain within SCD2, will be trained, along with any individuals where specific training needs are identified. A skills audit and gap analysis has been conducted of all SCD2 staff and training/associated IT licenses will be secured.

Intelligence

22. It is acknowledged that there have been gaps in the current intelligence systems which have led to missed opportunities to identify and apprehend sexual offenders. These failings were a key driver in the decision to transfer responsibility for serious sexual offences from TP to SCD. An early review with MIB of sexual offence intelligence flows and gaps, in light of the formal reviews of Operations Anflora and Dansey (Warboys and Reid), supported the creation of a dedicated intelligence function within the new Command. This has been scoped and progressed and accommodation provided within the SCD1 site at Lewisham for a reactive intelligence unit.

23. Discussions between the project team, MIB and the Intelligence Standards Unit have scoped options and new processes within TP to identify linked series sex offences have been developed. Agreement has been reached as to which intelligence unit will deliver which responsibilities from April 2010.

24. In the interim, a daily review of all sexual offences will continue, as at present, between SCD2 and the Violent Crime Directorate and SCD2 will be fully represented at public protection forums. From October 2009, additional intelligence searches will be completed by Borough BIUs and assessed by MIB, to identify potentially linked series across all sexual crimes on a Borough. Operational intelligence support to SCD2 investigations prior to April 2010 will be through SCD1 Intelligence, MIB and BIUs.

25. Some improvements in compliance with sharing information with the NPIA-led serious crime analysis section (SCAS) have been made since March 2009, but further focus on this area of intelligence compliance is expected within SCD2-Sapphire and will be closely monitored. Intelligence which leads to pro-activity will be progressed through current MPS tasking structures.

26. Proposals for the implementation of an intelligence function within SCD2 are to be considered by Management Board – which will be presented in the context of how the entire spectrum of sexual offences is managed in terms of the management and dissemination of intelligence.

Sexual offences for which TP retains responsibility

27. An assessment has been made of the volume and type of allegations of sexual offences by Borough and Borough Commanders have developed plans to manage future sexual offence investigations and intelligence with a nominated management structure. The ability of both TP and SCD2 to effectively manage the number and extent of investigations within their new remits will be closely tracked as part of monitoring the MOU between the two business groups and a post implementation review.

28. This structure continues to be supported by the Violent Crime Directorate to ensure that sexual offence investigation and intelligence management, is retained firmly within the public protection arena and that communication and continuity with SCD2 is provided by the continuing physical presence of the SCD2 Sapphire Support team within TPHQ and at daily public protection meetings.

29. Since 26 August 2009, joint daily assessments have been made by the Violent Crime Directorate and SCD2 of which specific crimes would remain within the scope of TP and which would transfer to SCD2, to ensure that this benchmarking of responsibility was clearly developed prior to implementation. This process of monitoring will continue for the first 3 months of operation and will contribute to the review of the MOU.

TP Detective/investigative resilience

30. The transfer of experienced detectives from TP presents a challenge to investigative resilience within TP and in the management of the residual workload of sexual offences. This will be mitigated by robust monitoring of the MOU and arrangements planned to be in place to enable BOCU teams to manage the workload. TP is also undertaking a Detective Resilience review in conjunction with the new detective rotation policy to address longer term issues regarding detective career pathways.

Monitoring and Review

31. Through the realignment of posts within the current Sapphire Support team, a new audit and inspection capability is being developed as part of the functions of the new Command. This small team of 3 will enable specific inspections to be undertaken along with a rolling programme of local inspections to ensure compliance with SOPs, identification of best practice and continuous improvement.

32. With the support of the Directorate of Resources, a series of joint TP/SCD inspections are being planned to ensure that the next key stages of the project are completed satisfactorily. These relate to:

• October 2009, initial post handover checks re assets/staff/case handovers/ exhibits/ closing report completion.
• Jan 2010 staff, training and skills audit, CRIS compliance, investigation review quality
• March 2010 resource/shift/remit/MOU effectiveness and pre-HMIC inspection checks.

33. A broad range of activities are being monitored to check compliance with standards operating procedures and service delivery. A list of these is attached at Appendix 2.

C. Race and equality impact

1. The majority of reports of rape within London are from female complainants with an over-representation of black victims (23%) and under-representation of white (59%) and Asian victims (7%). A third of complainants are under 18. From British Crime Survey data it is acknowledged that all Rape and sexual offending is under reported by as much as 75-80%.

2. The high proportion of young victims is of particular concern and youth is an acknowledged additional vulnerability factor when assessing the risks posed to a victim on reporting and the risks to the likelihood of a successful prosecution. As a result, additional support through The Haven youth workers, Victim Support, Children and Young People’s Services and other local authority support services will be offered wherever possible.

3. Women are understood to be disproportionately more likely to be victims than men, which helps to explain why they experience greater fears about rape than any other offence. This fact continues to support a gender inequality in this category of offending and inevitably links it to related offending such as domestic violence, forced marriages, honour based crimes, female genital mutilation and prostitution.

4. It is also acknowledged that under reporting applies to the rape of both male and female victims. To improve the MPS support for all victims, SCD2 has developed a new Community Engagement Strategy, an element of which is the establishment of a Sapphire Reference Group. Its remit will include:

• Harnessing the views of external stakeholders representing victim interests
• Helping to improve service delivery to victims and to increase public confidence
• Assessing the impact of policing or policies in relevant communities
• Providing support to critical incident reviews and ‘Gold Groups’ at the request of the OCU Commander.
• Identifying multi agency action to support the most vulnerable groups such as young people, the elderly, those with mental health issues, drink and drug addictions.

5. The group will bring together a diverse range of individuals from voluntary sector groups representing victims and offenders, members of the media and academia with experience and specialist knowledge in the areas of sexual offences, public protection, victim care and community trust and confidence, to inform the development of SCD2 Sapphire service delivery and strategy. In the light of what is known about victims of rape, much of the work of the Reference Group will centre on promoting equalities, race and diversity within SCD2’s working remit.

6. A further ‘listening session’ will take place on 25 October 2009 to gather feedback on actions to date, to review the community engagement strategy and membership of the new Reference Group.

7. SCD2 will also become a key member of the SCD Diversity Plan and is currently devising a Diversity Plan for the new OCU with the support of Ann Middleton, the SCD Diversity lead.

8. The gender mix of staff within SCD2 is currently 59% female, of whom 7 police officers are currently on maternity leave. This high proportion raises the prospect of significant absences due to maternity and carer’s leave and a statistical likelihood of higher than average sickness rates for the OCU. This has already been raised with the SCD Diversity lead and will be closely monitored for impact on operational capability, supervision standards, caseload of teams and budgetary implications.

D. Financial implications

1. The current annual cost of Sapphire Units as calculated by TP is £21,297k (at 2008/09 prices). This figure will be uplifted for SPPs and the 2009/10 pay award at the end of September 2009 when the budget is allocated. The transfer to SCD will also include £200k a year to cover the cost of seven support staff required by SCD to administer the new command. Assets will be transferred on 1 October 2009 to coincide with six months of this financial year.

2. Under the proposed SCD2 model the full-year budget, at 2008/09 prices and excluding SPPs, can be summarised as follows:

(1): excludes the budget transfer of £200k to cover seven support staff required by SCD to administer the new command.

Members are asked to note the budget realignment of £21.497m to reflect the transfer of function to SCD.

3. As indicated in Section B, the remodelling of the Sapphire Command has resulted in a number of savings and efficiencies and some £1.39m has been reinvested in the new command to create an SMT, a number of staff officer manager posts and an extended operational capacity to provide 24/7 cover.

4. SCD have also covered within existing budgets the costs in the current year of the project implementation and the need to provide interim capacity pending final decisions on structure and function.

5. In developing the new operational model SCD has identified a need for increased intelligence capacity. The options for dealing with this issue are currently being considered by the Service and will be subject to the agreed MPA/MPS decision making and budget processes. Any decision will need to have regard to the overall financial position facing the Service and the need to deliver a budget in line with the Mayor’s guidance. As previously reported, before any growth is considered, the Service is looking to deliver reductions of £67.6m in 2010/11, £202.7m in 2011/12 and £263m in 2012/13.

E. Legal implications

1. The report acknowledges that there have been gaps in the current intelligence system which have led to missed opportunities to identify and apprehend sexual offenders.

2. There is a risk that civil proceedings may be commenced against the Commissioner by victims of crime. Section 8(3) of HRA gives the Courts the power to award damages where necessary for just satisfaction for the violation of an Article 2 Right (Right to Life). Accordingly, where a sexual offender murders their victim, an action may be commenced by the victim’s estate or by their dependents. For liability to arise, a Claimant must establish to the Court’s satisfaction ‘that the Authorities knew or ought to have know at the time of the existence of a real and immediate risk to the life of an identified individual or individuals from criminal acts of a third party and that they failed to take measures within the scope of their powers which, judged reasonably, might have been expected to avoid the risk’, Chief Constable of the Hertfordshire Police -v- Van Colle and Smith (2008) UK (House of Lords) approving Osman -v- UK (1998) 29 ECHR 245. The Courts will endeavour to put themselves in the position of the officer carrying out the assessment at the time of the decision/events in question, rather than applying the test in hindsight.

3. The victim of a sexual offence may also commence proceedings at Common Law in negligence. The police are as a matter of public policy not generally liable for the negligent investigation of a crime, however, an exception to the public policy rule arises where it can be said that the police have voluntarily assumed responsibility e.g., in relation to a complainant informer’s safety or a victims safety from further attack.

4. The strategy adopted in this report will serve to reduce the risk that civil proceedings will be commenced against the Commissioner or that they will succeed if commenced.

F. Background papers

• None

G. Contact details

Report author: Detective Chief Superintendent Caroline Bates

For information contact:

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

Appendix 1

 SCD2 Sapphire Command Investigation Teams/Regions

Appendix 2

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