Lay visiting to police stations

Report: 14
Date: 26 September 2000
By: Clerk

Summary

To inform the Committee of the current Lay Visiting practices in London and to propose an initial way forward of how the MPA could influence, engage with, and support, the existing Lay Visiting Panels (LVPs).

A. Supporting information

Background to lay visiting

Following the UK wide inner city riots of 1981 (most notably in Brixton), Lord Scarman's inquiry recommended the use of several mechanisms to rebuild trust, co-operation and understanding between communities and police forces. One such mechanism was for impartial, independent members of the public to make unannounced visits to police stations to check on the welfare of detainees in police custody. This is known as Lay Visiting and those doing it as Lay Visitors.

In 1983, the Home Secretary announced that seven police force areas would pilot the scheme. Following the success of that pilot, all Police Authorities and Chief Constables were advised in 1986 that the Government welcomed the opportunity to bring the police and the community closer together.

The Home Office recommended that schemes should be set up "wherever local wishes and circumstances make them appropriate". Although Lord Scarman's report proposed a statutory arrangement, Lay Visiting was not included into the Police and Criminal Evidence Act. Therefore it does not, at the present, exist by statute. However, there are recommendations from Her Majesty's Inspector of Constabulary and the Association of Police Authorities that Lay Visiting be a statutory requirement.

The overall objective of Lay Visiting is defined as being "to enable members of the local community to observe, comment and report on the conditions under which persons are detained at police stations". The aim of Lay Visiting is therefore to promote public confidence in policing through greater transparency, by ensuring policing activity is more accessible and can be commented upon.

Today all areas of England, Wales and Northern Ireland have a Lay Visiting scheme and Scotland is currently running trials. Outside London, schemes have always been administered by Police Authorities, or their forerunners – Police Committees of County Councils. The work done by authorities to support schemes varies in its nature and organisation but usually includes direct administrative support, recruitment, training, provision of materials and advice.

What do lay visitor's do?

The Police (both MPS and ACPO) welcome and support Lay Visiting and accept it as a scheme to monitor the accountability of the Police in custody areas. They also understand that there are benefits when Lay Visitors publicise their findings to the wider community.

Lay Visitors, who visit in pairs, check on the conditions of the cells, for cleanliness and provision of basic facilities and rights as agreed under the Police and Criminal Evidence Act 1984. eg: Access to a solicitor, doctor, accuracy of custody records etc. The presence of Lay Visitors can sometimes contribute to a clearer understanding between police and the detainee as Lay Visitors can encourage a dialogue with positive results for all concerned.

Although practices vary, in general reports of the visit are made, findings discussed with the police officers concerned and a copy of the visit report left for their action or information. Other copies will be left with the scheme administrator. Panels will often meet locally with MPS officers to run through reports and comments made. Often suggestions and issues made are taken up. Some Panels have links with Police and Community Consultative Groups. In existing Police Authorities, the outcomes of visits are also monitored by members who will raise key issues of policy or practice with the Force. Statistics and information is publicised, usually through public Committee items and in annual reports.

Generally, all Police Authorities and London Panels follow the principles set out existing Home Office Guidance (Circular 4/1992). There is a slight variance of this which still applies to London Panels set out in guidance issued on 29 July 1991; see Appendix 1.

There is currently a wide ranging and long awaited review of the guidance by a Home Office Working Party, comprising a number of interested parties, including MPA officer representation. This work is based on detailed research into Lay Visiting undertaken by the Home Office. Copies of the study's findings are available to members. The Working Party has also proposed that Lay Visiting become a statutory responsibility of Police Authorities. A consultation has been finalised and the APA has submitted a formal response, on behalf of police authorities supporting this view. Information received from the Home Office indicates it is unlikely that this will become legislation, imminently, however, Ministers are eager to see the policy translated into legislation.

The Working Group's task is examining detailed practical guidance with a view to proposing revision later this year. MPA officers will be meeting with the Home Office to discuss this and members will have the opportunity to comment on any draft circulated by the Home Office.

The current structure in the MPS

The current responsibility for Lay Visiting in London is complex. Prior to the creation of the MPA it rested with the Metropolitan Police Committee (MPC) on behalf of the Home Secretary in his capacity as Police Authority for London. The MPC were responsible for:

• the formal accreditation of visitors following security clearance of individuals via the MPS;
• informing panels of the need to remove visitors after specified periods have been served or in the vent of a dispute; and
• providing some advice to panels on request. Day-to-day operation of lay visiting is at a local panel based level in London.

Lay visitors panels

There are currently 33 different schemes operating in the Metropolitan Police District. These are based on the London Borough areas (with two in Westminster) and are called Panels. These comprise the actual Lay Visitors themselves and have Chairs, Vice Chairs and administrators. Their role is to recruit locally, organise visits, meet with local MPS colleagues etc. Some Panels recently left the MPS following the boundary alignment to become part of the schemes administered by Surrey, Hertfordshire and Essex Police Authorities.

Panel administration

Panels are administered locally in boroughs and in a variety of different ways through either local authority staff, local Police and Community Consultative Group staff or on a voluntary basis. Local MPS support to Lay Visiting Panels (LVPs) is generally through Borough Liaison Officers.

Funding for staff and other items is provided from the police fund, but the majority of work is undertaken voluntarily, however, each appear to work differently to each other. They do, however, share a lot of common practice and most meet to train together and share issues of best practice. There are 700+ Lay Visitors in the MPD.

There is also some central support to LVPs through the MPS through the Community Liaison Section (CO2O) and Finance (FRCT) who administer the annual reporting and financial bidding process to individual Panels. The cost of lay visiting is met by the MPS out of the Police Fund and is around £250,000 per year. Individual Panels bid for funds that are allocated centrally according to need. This issue is referred to later in the report in the section on proposed MPA responsibilities.

National orgnaisation

National Association for Lay Visiting was set up in 1993 to support and promote Lay Visiting practice; propose minimum standards and encourage the use of volunteers. NALV is based in Salford and has close links to Greater Manchester Police Authority. However, it has an active London office that organises training sessions, seminars and a regular meeting of Panel Chairs. Some of the support work normally done by Police Authorities is undertaken by NALV in London. Panels pay to subscribe to NALV and most are members. NALV has also led the development of proposals for a London wide standard scheme and forms, although this is still underway.

Analysis undertaken to date

The MPA's Transition Team have collated and analysed data to provide a clearer understanding of the work undertaken by Lay Visitors in London. The views of key stakeholders have been sought in a number of ways, including the following:

• a questionnaire to all Lay Visiting Panels (see Appendix 2);
• several letters to all Panel Chairs/Administrators;
• a visit to the NALV London-wide Chair's meeting;
• telephone survey of selected Panels;
• visits to various Panel meetings;
• letters and follow-up calls to MPS Borough Lay Visiting contacts [Day to day liaison with contacts in LVPs.

Throughout the process for analysing LVP structures and processes in London the MPA's officers have reassured Panels that there is no fixed or set agenda for the future of Lay Visiting. Efforts have been made to stress that the priority will be to ensure that the basic existing activity to support Panels is taken on from the MPC and that the MPA will review the type and level of support the will be required in the future.

Findings

A 'top level' audit trail of the above work undertaken by the MPA's officers and the key findings found is available to members on request. Also, the findings of the questionnaire see Appendix 2 have been collated and are detailed in the table in Appendix 3.

The findings of the work undertaken have mostly been of either a structural nature or on quite local, detail specific issues which it is probably not appropriate to go into in detail at this stage or in this forum. It is assumed the Committee will want to focus on wider strategic issues and look at detail later, and perhaps in a different arena.

Although, little strategic feedback has been received by the team, the following key impressions have been obtained:

• some concern about the future and the possibility of MPA taking over schemes directly – some desire to remain independent;
• some queries about medium term funding arrangements and processes;
• a desire to keep the existing Panel based structure;
• a wish for some clarity over how Panel funding is determined and on what basis – is there a needs based approach or is it purely historical?
• a desire for additional financial support;
• a need for additional London wide publicity on Lay Visiting.

Current MPA position

The Members' Services Section of the Secretariat have successfully taken over the routine appointment/removal role of Lay Visitors previously undertaken by the Metropolitan Police Committee Secretariat. All Lay Visiting Panels are aware of the change and are now working with the section on issues. Standard letters, filing systems etc have been established and some Panels have started to see the section as a resource and are calling with queries on appointment, interpretation of guidelines etc.

Proposed support structure for lay visiting

An initial proposal on the MPA's role for La Visiting is outline below:

• to undertake, in conjunction with Members, the formal appointment and removal role in regard to Lay Visiting Panels (LVPs);
• to undertake the management of the annual funding bid process for LVPs and organise approvals by the Authority as appropriate and co-ordinate the production and receipt of annual LVP reports and work programmes;
• to provide advice and assistance to individual LVPs as necessary and promote and facilitate the link between the LVPs and the Authority and encourage close working and partnership between the LVPs and the MPA;
• to provide reports for appropriate Authority meetings as and when required on Lay Visiting issues including gathering regular information from LVPs eg: numbers of visits, key issues arising from visits etc.
• to promote the sharing of good practice between LVPs, and assist Panels to develop, utilise and update London-wide schemes, policies, practices and procedures;
• to provide London-wide seminars, training, best practice and conferences as necessary;
• to undertake London-wide promotion of Lay Visiting; to increase public recognition and aid recruitment develop long term options, as necessary, for the administration of the scheme."

These will be considered within a full and extensive review of Lay Visiting.

Conclusion

Lay visiting is a long established and extremely useful and valued service undertaken for the benefit of the community by volunteers. It has now become the direct responsibility of the Authority and it is assumed that members will want to engage with the Panels and actively support their work.

Given that this paper is the first that members have received on this issue, it is suggested the Committee approves a proposal to commission a consultant to undertake a full and comprehensive review of Lay Visiting and provide the Committee with recommendations that would lead to an agreed policy and strategy for supporting lay visiting panels to ensure their continued efficiency.

B. Recommendations

1. That the report and work undertaken to date be noted.
2. That the Committee approve the proposal of an additional resources that can undertake a full and comprehensive review of lay visiting and bring recommendations to the Committee.

C. Financial implications

There are no direct financial implications arising from the report. Support to Lay Visiting amounts to approximately £250,000 annually.

D. Review arrangements

It is recommended that the Committee continue to be fully involved in, and regularly briefed on, Lay Visiting issues. The first step is proposed as a seminar to run through the key issues in detail.

E. Background papers

The following is a statutory list of background papers (under the Local Government Act 1972 S.100 D) which disclose facts or matters on which the report is based and which have been relied on to a material extent in preparing this report. They are available on request to either the contact officer listed above or to the Clerk to the Police Authority at the address indicated on the agenda.

• Home Office Guidance dates 29July 1991

F. Contact details

The author of this report is Mike Robinson, Interim Head of Secretariat.

For information contact:

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

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