Review of independent custody visiting

Report: 5
Date: 3 February 2005
By: Clerk

Summary

In April 2003, Independent Custody Visiting (ICV) became a statutory function of the MPA. At its meeting of 13 November 2003, the MPA’s Consultation Committee adopted the recommendation to appoint a consultant to undertake a fundamental review of the operation of the Scheme. This report and appendices presents the results of this review as the basis for a programme of action to ensure the MPA is able to fulfil its statutory responsibilities.

A. Recommendation

That

1. the Committee, having regard to the MPA’s responsibilities for Independent Custody Visiting in accordance with the Police Reform Act 2002, paragraph 51, welcomes the findings of the Review undertaken by Ian Smith;
2. members support a programme of action and reform drawing upon the findings of the Review of ICVPs undertaken by Ian Smith by which the MPA is able to fulfil its statutory responsibilities in ensuring a consistent and effective custody visiting service in London;
3. officers continue to consult closely with the Chairs, volunteers and administrators of the local Panels across London in the development and implementation of this programme of reform; and
4. officers report back to the next Community Engagement Committee on the progress being made as well as the feasibility of establishing a London ICV Programme Board with responsibility to oversee the reform process as well as provide an ongoing oversight body of the ICV service, reporting to the Community Engagement Committee.

B. Supporting information

Background

1. Custody Visiting (formerly Lay Visiting) owes its origin to Lord Scarman, whose report on the Brixton disorders in 1981 recommended a system of independent, unannounced inspections of procedures and detention in police stations by local community members. The first pilot scheme was set up in Lambeth in 1983. The introduction of the ICV Scheme was one of the first significant community-police engagement initiatives aimed at reassuring and developing public trust and confidence in the police.

2. The Police Reform Act 2002, paragraph 51 placed a statutory obligation on all police authorities to have in place an effective Independent Custody Visiting Scheme which included the responsibility for:

• organising the infrastructure of the ICV Scheme
• recruitment and conditions of service of administrators as well as volunteers delivering the service
• training of administrators and visitors, and
• overseeing the quality of the service

3. In wishing to respond positively to these responsibilities, and in recognition that the way this service has been provided in the past has not been satisfactory, at its meeting of 13 November 2003 the Consultation Committee of the MPA adopted the recommendation to appoint a consultant to undertake a fundamental review of the operation of the Scheme. The appended report by Ian Smith, Executive Director of the national body, the Independent Custody Visiting Association (ICVA) presents the findings of this review.

Process of consultation and implementation:

4. As noted in the attached report, this major review provides the MPA with a unique opportunity to not only remedy weaknesses in current provision but to take the lead on independent custody visiting provisions nationally. As a volunteer programme of some magnitude, with over 400 custody visitors across London, this process of reform must be founded upon, and can only be achieved with the direct involvement and participation of the volunteers themselves.

5. When the consultant’s report was received by the MPA in mid-December 2004, not only was it circulated to members of the MPA but also to all ICVP chairs for their review and comments.

6. These comments were discussed at an ICVP Chairs and Administrators’ meeting held on 11 January 2005, and is the subject of a separate report to the Community Engagement Committee by Mick Farrant, interim-chair of the London ICV Chairs group.

7. The consultant’s report will also form the basis for discussions at a London-wide ICV conference to be held on 12 February 2005. All volunteer custody visitors are encouraged to participate in this event, and it is anticipated that over 200 will be in attendance. The discussions and results of the conference will be a critical ingredient in further determining the form and details of the reform process to ensure a better scheme than at present.

8. In undertaking a process of reform and change, it is inevitable that it will generate a period of uncertainty and stress for the volunteer custody visitors themselves, as well as the existing panel administrators. It is the volunteers who make and sustain the Scheme, and it is the volunteers who will underpin its future success. In order to enhance the credibility and status of the ICV Scheme, and to implement a process of change that will deliver a scheme compliant with statutory requirements while creating a supportive environment for volunteers, the MPA will proceed carefully and with the full involvement and participation of the custody visitors themselves.

9. It is therefore not recommended that the Committee adopt all the recommendations contained in the Review at this point in time. While there is much that is proposed where there would appear to be common agreement, there are other aspects such as structural and staffing arrangements that require further analysis and discussion.

10. The preliminary workplan proposed in the Review requires a significant amount of developmental work over the next few months. With the support of the MPS Internal Consultancy Group, this workplan has been further expanded. The MPA will seek input and also directly involve custody visitors in the development of discrete pieces of work such as volunteer recruitment, training etc.

11. In addition, it is the intention to determine the feasibility of establishing a London ICV Programme Board with responsibility to not only oversee the present process of transition but to provide an ongoing oversight framework for the MPA in implementing its statutory responsibilities for the ICV Scheme. Reporting directly, as a sub-committee, to the Community Engagement Committee as a regular agenda item, the Board would be tasked with being:

• an Instrument for ensuring that the MPA has a compliant and exemplary scheme.
• a Conduit for information sharing between the partnership elements of custody (i.e. MPA, MPS, and ICVs).
• a Vehicle for raising the profile for the MPA Scheme throughout London.

Membership of the Board will comprise MPA members including the Lead Member for ICVP; Head of the MPS Custody Directorate; MPA senior staff, and representatives from the ICV Chairs group.

12. While the necessary changes to the current ICV Scheme should be undertaken in a timely manner, it is critical they not be rushed or in any way implemented in a manner that threatens the volunteer nature of the programme. The ICV Scheme has been built and sustained by a large number of volunteers across London and the amount of time, energy and commitment that they have devoted to the Scheme must be fully recognised and respected.

13. The MPA has already approved a further £75,000 for the fiscal year 2005/06, in addition to the ongoing annual allocation of £288,000 for ICVPs, to cover the developmental and transitional costs of reform. The Committee will receive regular reports on the progress of implementation.

C. Equality and diversity implications

1. The activities of the ICV Panels are identified within the MPA Race Equality Scheme. There is therefore an ongoing responsibility to ensure that they undertake their activities in ways that meet the general and specific duties of the Race Relations (Amendment) Act.

2. As noted in the Review, the consultant has assessed the level to which current provision is meeting equalities service performance objectives and makes recommendations where improvement may be required.

D. Financial implications

Any additional costs will be contained within existing budgets and estimates

E. Background papers

• Appendix: Metropolitan Police Authority Independent Custody Visiting Review 2004 by Ian Smith

F. Contact details

Report author: Tim Rees, Community Engagement

For more information contact:

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

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