Independent custody visiting – progress report

Report: 10
Date: 14 March 2002
By: Clerk

Summary

This report is a summary of the activities undertaken to progress the work on Independent Custody Visiting since the last CDO meeting. It also sets out proposals for the allocation of funds.

A. Recommendation

1. That the committee notes progress and developments arising from meeting with the lead member; and
2. That the committee notes the timescale for approving the funding allocation for Groups and agrees the options outlined in paragraphs 16 and 17.

B. Supporting information

Background

1. Members have previously received progress reports on Independent Custody Visiting (ICV). The lead member for ICV, Cecile Lothian, together with Richard Sumray and Elizabeth Howlett, have continued to meet with MPA officers to consider policy and guidance issues. A number of work areas are being progressed, some of which are outlined below to inform and update members.

Police Reform Bill

2. The Police Reform Bill currently before Parliament includes a clause for placing Independent Custody Visiting on a statutory basis. Comments were requested on the proposal and a written response was submitted supporting the clause. A copy of the clause is attached at Appendix 1.

Appropriate adults

3. The Home Office sought the views of all police authorities concerning the role of Appropriate Adults. The views of Panels were sought on this and a number of Panels which operate Appropriate Adult schemes responded to the consultation. A formal response was made to the Home Office.

Recruitment

4. The recruitment and selection processes for new Independent Custody Visitors varies widely, with some examples of exemplary practice and others with scope for improvement.

5. In response to requests from Independent Custody Visiting Panels (ICVPs) for recruitment material and guidance on recruiting, the MPA has produced a draft recruitment information pack which can be used to ensure consistency of recruitment and selection practices across London. The pack will be distributed to all panels for their use. Each pack contains general information about the work of the ICVP, guidance notes for applicants, an application form, job description and candidate specification, and equal opportunities monitoring form. (Guidance notes to panels in this area of work will be presented in a handbook, which is currently being drafted.)

6. Posters for recruiting custody visitors are near completion and will be available to panels in mid March. In addition, the MPA is exploring alternative ways for publicising the work of ICVs through the use of the MPA and CPCGs' websites to attract local people to custody visiting. Officers are continuing to progress this work and will provide an update at the next meeting of the CDO Committee.

Training

7. A number of panels provide local training for newly recruited volunteers, however in the main the current training arrangements are inconsistent, and ad hoc. If we were to use external partners, there would be a charge of £500 per training session. In light of these findings, the MPA undertook to research the feasibility of recruiting a pool of experienced trainers from existing and former custody visitors. A series of training sessions were scheduled to take place on regular bi-monthly basis. These had to be temporarily suspended due to the high cost of contracting the Independent Custody Visitor Association Trainers to carry out the additional training required.

8. The MPA membership fee to ICVA buys three training days per year. This is insufficient to meet the needs of newly appointed as well as experienced visitors. Additional training days provided by ICVA staff or their associate trainers will cost £500 + Vat per day, plus the cost of training materials, venue hire, refreshments and meals. On average this could mean approximately £1500 per training event.

9. In order to address this need, as well as utilise the experience that many visitors bring to the role, it has been proposed that the MPA should identify and train a small number of current and recently retired ICVs as trainers to deliver its training requirement. Panels throughout London have welcomed this proposal and at a briefing meeting on 19 February 2002, fifteen custody visitors expressed a wish to become a trainer. MPA officers are in the process of agreeing the draft selection criteria and producing an application form.

10. This group could also assist the Authority in the development of a programme of training modules for ICVs. Approval to progress this will be discussed in detail with lead members at this meeting in early March.

Report forms

11. Plans to revise the ICV Panel reporting form have gone through a number of stages. Following a meeting with ICV chairs in October a working group was formed to progress this development on behalf of the MPA. At the initial meeting it was agreed that David Whitehouse, Chair of Richmond ICV Panel would chair the meeting and MPA officers service the group. It was agreed that three further meetings would be necessary to complete the work.

12. Meetings have been constructive and productive and the Working Group is close to agreeing the final draft. Following the first meeting on 19 March, the agreed version of the reporting form will be sent to all ICVPs for comments. The next meeting of the working group will consider comments and agree a final version for Committee approval.

Independent Custody Visitors Charter

13. Officers have completed a draft ICV Charter. Panels and the MPS have been consulted on this, and although there has been some concerns about aspects of the Charter, it has largely been welcomed. However, Members have been circulated with a draft Charter for comment.

Independent custody disciplinary procedure

14. Officers have produced a draft disciplinary procedure that will be used for dealing with difficulties that cannot be resolved locally. This work is being progressed and drafts will be presented to the lead member's meeting in early March.

Secretarial support

15. Panels were informed that as from April 2002 where administrative work is shared between the work of the Independent Custody Visiting Panel and Consultative Group, funding should only be sought for one full-time equivalent member of staff. They were asked to indicate the proportion of time spent on the work of the Panel and the Group respectively. It is proposed that claims for overtime for administrative staff supported by the MPA should be reviewed with the intention of coming to an agreement with employing authorities that this should be suspended by 2003/04.

Allocation of funding 2002/03

16 The 2002/03 bidding application process for Independent Custody Visiting Panels is currently underway. All panels were sent the bidding forms for the financial year 2002/03 in December 2001. The date of return was 15 February 2002. There is no scope for increases in the coming year due to financial constraint on the MPA budget. The MPA will not consider growths in bids unless there are exceptional circumstances. The anticipated budget for Independent Custody Visiting Panels and Consultative Groups remains at £1.2 million.

17 Officers are in the process of assessing bids based on the proposed criteria, which will be presented to lead members on 18 March for their consideration. Due to the bi-monthly schedule of meetings of this Committee, this timescale will mean that a report will not be able to be considered until May. It is therefore suggested that an urgent meeting of Members of this Committee is held following 18 March in order to approve the proposed budget to the Independent Custody Visiting Panels. Alternatively, a paper can be presented directly to the Coordination and Urgency Committee for approval of the budget at its meeting on 9 April.

C. Financial implications

There are a number of financial implications associated with this progress report; however, all can be contained within the budget allocated.

D. Background papers

Appendix I – Police Reform Clause Bill Clause

E. Contact details

Report author: Enid Ledgister, CDO, MPA.

For information contact:

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

Appendix 1: 45 Independent custody visitors for places of detention

1. Every police authority shall:
   1. make arrangements for detainees to be visited by persons appointed under the arrangements ("independent custody visitors"); and
   2. keep those arrangements under review and from time to time revise them as they think fit.
2. The arrangements must secure that the persons appointed under the arrangements are independent of both:
   1. the police authority; and
   2. the chief officer of police of the police force maintained by that authority.
3. The arrangements may confer on independent custody visitors such powers as the police authority considers necessary to enable them to carry out their functions under the arrangements and may, in particular, confer on them powers:
   1. to require access to be given to each police station;
   2. to examine records relating to the detention of persons there;
   3. to meet detainees there for the purposes of a discussion about their treatment and conditions while detained; and
   4. to inspect the facilities there including in particular, cell accommodation, washing and toilet facilities and the facilities for the provision of food.
4. The arrangements may include provision for access to a detainee to be denied to independent custody visitors if:
   1. it appears to an officer of or above the rank of inspector that there are grounds for denying access at the time it is requested;
   2. the grounds are grounds specified for the purposes of paragraph (a) in the arrangements; and
   3. the procedural requirements imposed by the arrangements in relation to a denial of access are complied with.
5. Grounds shall not be specified in any arrangements for the purposes of subsection (4)(a) unless they are grounds for the time being set out for the purposes of this subsection in the code of practice issued by the Secretary of State under subsection (6).
6. The Secretary of State shall issue, and may from time to time revise, a code of practice as to the carrying out by police authorities and independent custody visitors of their functions under the arrangements.
7. Police authorities and independent custody visitors shall have regard to the code of practice for the time being in force under subsection (6) in the carrying out of their functions under the preceding provisions of this section.
8. In this section 'detainee', in relation to arrangements made under this section, means a person detained in a police station in the police area of the police authority.

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