Reform arrangements for Community and Police Consultative Groups

Report: 8
Date: 31 October 2002
By: Clerk

Summary

Since the publication of the MPA/MPS Best Value Review of Consultation Report in 2001, the Authority has been looking at ways to implement the report’s recommendations. It has since sought legal advice on the relationship between the Authority and the 32 Community and Police Consultative Groups (CPCGs) in London and has commissioned the MPA Internal Audit unit to look into the financial management arrangements of consultative groups. This report summarises the key recommendations and outcomes from the reform arrangements proposed and seeks members’ views on how these should be progressed.

A. Recommendations

That

1. Members accept Counsel’s guidance on the nature of the relationship between the MPA and Community and Police Consultative Groups;
2. the actions in the outline Management Action Plan in response to the recommendations by Internal Audit be noted; and
3. the proposal outlined in paragraph 18 for seeking views on the draft model constitution. 

B. Supporting information

1. The Best Value Review of Consultation failed to clarify the basis for the assumption made in the report, that CPCGs were accountable to the MPA. This has resulted in on-going difficulties in the role and relationship of CPCGs and the MPA.

2. In February 2002, following legal advice, the Authority took the decision to suspend temporarily the operation of a CPCG due to the group’s inability to effectively engage with the local community. This action precipitated a more detailed review of the relationship between the MPA and CPCGs.

3. Advice was sought from the Authority’s solicitors who sought an opinion from Council. The Chair of Human Resources Committee and the lead member have discussed this opinion in detail, and have met legal representatives to discuss the advice given to the Authority.

Legal status of the CPCGs

4. Members of the Authority now have a full transcript of the legal advice received. A summary is outline below.

• Under section 96(1) of the Police Act 1996, arrangements must be made in each policing area for obtaining the views of the local people and for obtaining their co-operation with the police in preventing crime in that area. The police authority may meet the costs of administrative support, accommodation, publicity for meetings, etc.
• The police authority must make arrangements for each police area after consulting the Chief Constable as to the arrangements that would be appropriate.

5. Counsel’s advice is that section 96(1) does not specify that the MPA should set up such groups.

6. The advice is that CPCGs do not have a separate legal personality, but are established to fulfil the statutory obligations of the police authority under the Police Act. They derive their authority to act from the MPA and are therefore, in Counsel’s view, act as co-agents for the MPA.

Draft model constitution

7. In light of this advice, it is recommended that the MPA develop a standard ‘model‘ constitution that will be adopted by all CPCGs. A copy of the current draft is available to Members separately.

8. CPCGs are aware that the model constitution is in preparation and some have withheld making amendments to its constitution until the MPA’s draft has been circulated.

9. The current constitution does not differentiate between the arrangements of those CPCGs that are administered by local authority staff or other agency arrangement, and those that are ‘independently‘ administered. Officers, in discussion with the lead Member, Nicholas Long, will address this through the drafting of different service level arrangements for the different types of CPCGs, subject to Members’ agreement to the draft constitution.

10. If Members agree, the draft model constitution will be now circulated to all CPCGs for their comments and information. On the basis of legal advice received, the fundamental constitutional position is one which will not be negotiable.

Internal Audit report into financial management of CPCGs

11 An Internal Audit report was commissioned following specific concerns and issues about a small number of groups. The report made a number of recommendations that are being implemented by officers. The management response of the Internal Audit report, is attached at appendix 1.

12 Members will note that although the Internal Audit review and the advice from the legal advisers were independently sought, the Internal Audit report also highlights the urgent need for the MPA to clarify the relationship between the MPA and CPCGs.

Next steps

14. Subject to the members’ decision, it is proposed that copies of the draft constitution and the Internal Audit report be sent to all Consultative Groups, Independent Custody Visiting Panels, borough commanders and key MPS personnel. In order to manage the consultation process, it is proposed that separate meetings are held with each group to seek their views. In addition, written submissions will be invited. It is proposed that MPA members should chair these meetings.

Staffing resource implications for the implementation for the reforms proposed

15. The Consultation and Diversity Unit is now adequately staffed to progress the changes that are required. The new Consultation Policy Development Officer is now in post and although there have been unfortunate delays in recruiting a part-time Finance Officer, this post is in the final stages of being filled. The urgent work that has been required for some time in order to implement the recommendations of the Internal Audit report fully will soon be in place.

C. Equal opportunities and diversity implications

Consultative groups could play a significant role in assisting the MPA in delivering both its consultation and diversity agenda at local level. CPCGs are in a unique position to inform and influence the local communities they serve and represent. The reforms proposed are all aimed at ensuring that the groups are more effective in engaging the wider communities, as well as traditionally excluded groups. The MPS Race Equality Scheme has specifically highlighted the role of CPCGs in monitoring the implementation of race equality at local borough level, in partnership with others, such as the local Race Equality Councils.

D. Financial implications

The financial implications associated with this report can be contained within the existing Consultative Group budget for 2002/03. 

E. Background papers

None.

F. Contact details

Report author: Julia Smith, MPA

For more information contact:

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

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