MPA review of Community and Police Consultative Groups

Report: 11
Date: 27 February 2003
By: Clerk

Summary

On 11 November 2002, the MPA issued copies of a draft model constitution and supporting documents to Community and Police Consultative Groups so that they could propose amendments to reflect the local circumstance and operation of each Group. Over ninety per cent of the Groups have responded to the exercise. This report outlines some of the key issues raised by the Groups; proposes the next phase for completing the process and highlights those areas of work that will need to be addressed as a part of the overall reform of local Community and Police Consultative Groups (CPCGs).

A. Recommendations

That the Committee:

1. agrees the revision to the timescale for the final adoption of the model constitution in Appendix 1;
2. comments and agrees on the areas of work that still need to be carried out in order to address the key aspects of the reform agenda;
3. agrees the process outlined in paragraphs 12 and 13 for approval of the funding allocated to each CPCG and Independent Custody Visitor Panel (ICVP) for 2003/04;
4. notes the actions outlined in paragraphs 18 - 20 for the review of the employment status of the staff that provide administrative support to the independently administered CPCGs and (ICVPs);
5. consider providing the funding of short term technical support, initially to the end of the first quarter, to support Racial Incidents Panels, whilst the Groups look into securing alternative sources of funding; and
6. notes the actions that are being pursued by officers to assist the 5 CPCGs that have traditionally allocated part of their funding to support local Racial Incidents Panel and agrees that this be referred to the MPA Pan London Race Hate Crimes Working Group for their consideration;

B. Supporting information

1. The Internal Audit report into the financial management of CPCGs and the legal advice received on the relationship between the MPA and CPCGs has prompted the Authority to take steps to see that Groups, their expenditure, performance and ability to consult and engage with local communities is effective in enabling the MPA to achieve its statutory responsibility to ‘seek the views of the public’ on policing matters.

2. The level of response to the model constitution has been extremely encouraging and it is evident from the detailed comments and revisions proposed that groups have given a great deal of thought to the exercise. Officer’s have already begun a detailed analysis of all the responses and it is already evident that the final document will be greatly improved as a result of responses received.

3. Nicholas Long, lead Member for CPCGs and Julia Smith, Head of the Consultation Unit were able to attend several meetings with groups which had invited the MPA to discuss the model constitution. During these meetings some misconceptions were addressed concerns resolved.

4. It is clear that groups value their historic independence but are also able to understand the need for a greater level of accountability to the MPA and in respect of public funding.

Section 106 of the Police Act 1996

5. This has not been an easy exercise. Many groups perceived the reform process as a direct challenge to the independence of CPCGs. This was based on the belief that CPCGs were created in response to Section 106 of the Police Act 1996, and therefore, as statutory bodies, were not subject to direction of the MPA.

6. In fact, although S106 is still in force, it was amended by the Greater London Act 1999 to put the duty for consultation with the public on the MPA, rather than the Commissioner.

7. Home Office guidance, has confirmed that CPCGs are not statutory bodies, and that it is up to each police authority to decide on the way in which it chooses to meet its statutory duty to ‘obtain the views of people’ about policing in the area. Although the MPA has made the decision that CPCGs will be the prime means there is no duty to do so by law. Indeed, many police authorities have put in place other consultation arrangements that they have found to be more effective.

8. As indicated in the report into the consultation arrangements in Greenwich, the position of consultative groups has changed a great deal since they were first established. The reform arrangements that are underway will, therefore need to ensure that the Authority can achieve its medium to long term aim for community engagement and consultation to meet its statutory responsibilities in this important area.

Review of the timescale for adopting the constitution

9. A great deal of work will be required to record and analyse the detailed comments and amendments proposed by the CPCGs. Officers have already begun work in this area, but it is highly labour intensive and will take some time to complete. The Unit is not currently staffed to undertake this work internally, so short term extra work has been arranged.

10. Given the scale of the task of processing so many lengthy responses the timetable has had to be amended. The original intention was for presentation to this Committee on 27 February. This is now impractical and it is proposed that the draft will go to the Consultation Committee meeting on Thursday, 24 April. Subject to approval, the master draft will then be adapted to produce individual constitutions for each CPCG (reflecting, wherever possible, requested local variations). This document will be sent out in early May for a further period of consultation and ratification, to be concluded by 30 June 2003.

11. Nicholas Long has recently written to all CPCGs to inform them of the revised timescale for the adoption of the model constitution. The Executive of the London Chair’s Forum, has welcomed the proposals. A copy of the revised schedule is attached at Appendix 1.

Schedule for approving the funding for Community and Police Consultative Groups and Independent Custody Visiting Panels (ICVP)

12. The majority of Groups and ICV Panels have now submitted their annual bid applications. Officers are be carrying out an initial assessment of these and will be able to agree on the level of funding that will be allocated, with Nicholas Long on 12 March 2003.

13. This Committee has been delegated by the Authority to approve the funding for the Groups and Panels. However, as there is not another meeting of this Committee until 24 April 2004, it is proposed that the decision for the funding be referred to a meeting of the Coordination and Policing Committee or to the full Authority meeting of 27 March 2003 on the bases of urgency. The Authority meeting would be preferable, as this would give officers the required time to complete the committee report in time for circulation.

Use of CPCG funding to support Racial Incidents Panels

14. In its July report, Internal Audit identified the practice of a few CPCGs of consistently using part of their funding to support work that is not consultation. Five CPCGs have been contributing to the funding of their local Racial Incident Panel/Racial Incident Group. As a result of the advice received from Internal Audit, these groups have been told that the MPA will not be able to continue to fund this aspect of their work. This decision has presented difficulties to all the groups concerned.

15. Officers have had discussions with the Government Office for London which have confirmed that the funding for this area of work should be via the local Crime and Disorder Partnerships, which are well resourced to support this work. However, it is apparent that the long history of the involvement of the CPCGs in this area and the additional funding that they have provided will present difficulties should the area of work not receive funding from other sources.

16. Members may agree that should this arise, the Authority should continue to provide funding short term technical support, probably to the end of the first quarter, whilst the Groups look into securing alternative sources of funding. This could be accommodated in the available budget.

17. This issue will be brought to the attention of the MPA Race Hate Working Group on 3 March as the appropriate forum to pursue this matter with the CDRP.

Review of the employment status of administrators for independently administered groups

18. The Authority was advised by Counsel, some time ago that as part of the responsibility of assuming the responsibility for CPCGs, to undertake a fundamental review of the employment status of those staff who are administrators for groups that are independent of the local council or other agency. It has become apparent that the terms of conditions and contracts vary considerably. This situation has caused considerable difficulties and is extremely time consuming to resolve. Officers are already looking into this with a view to regularising the arrangements for all administrators and staff of independently administered groups. A parallel process will also apply to independently administered ICV Panels.

19. A detailed report of the outcomes of the review will be presented to the Human Resources Committee and subsequently to this Committee at its meeting on April 24.

Independent Custody Visiting (IVC)

20. In July 2002, ICV becomes a statutory responsibility of the Authority. The Home Office is developing a Code of Practice for the scheme, which will be published on 1 April 2003. The Authority is already well on the way to achieving much of the areas outlined in the Code, however, consideration may need to be given to the resource implications of the new statutory responsibility and the Code.

21. Officers have now developed an annual programme of training and development to support the ICV programme. These are being progressed and are generally well received by the Panels. A copy of the calendar of events is attached at Appendix 2.

22. Members are asked to note the planned certificate presentation on 28 March 2003. Following discussion with the Lead Member, invitations have been sent to a few well-known individuals from public and government organisations to take part in the ceremony. Nicholas Long, among others will also be officiating.

C. Equal opportunities and diversity implications

Much of the work do to reform local Community and Police Consultative groups are aimed at making the local consultation process more inclusive and transparent. As such, groups and communities that have disengaged, or felt they have been excluded from local policing will be given the opportunity to become more actively involved.

In addition, the MPA, in its Race Equality Scheme has published a range of actions that it will take to help and support local CPCGs (and ICVPs) to promote race equality, eliminate unlawful race discrimination and foster good relations in this work with local communities. CPCGs are in receipt of the MPAs equal opportunities policy and are therefore required to undertake all this work in ways that engage with and reflect the needs of the diverse communities that they serve.

D. Financial implications

The financial implications for engaging an additional resource to undertake the analysis of the responses and amendments to the constitution will be found within the MPA staffing budget. Other costs will be met within the current CPCG and ICVP budget. All other costs will be contained in the available budget.

E. Background papers

• Draft Model Constitution
• Legal Advice to MPA on the relationship between the MPA and CPCGs
• Draft MPA Handbook on Independent Custody Visiting
• Home Office Independent Custody Visiting - Codes of Practice

F. Contact details

Report author: Julia Smith, MPA.

For more information contact:

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

Appendix 1

Proposed timeframe for adoption of model constitution for Community and Police Consultative Groups

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