Serious Organised Crime Agency (SOCA) and MPS

Report: 5
Date: 1 September 2006
By: Commissioner

Summary

The Serious and Organised Crime Agency (SOCA) is a new law enforcement agency created to reduce the harm caused to people and communities in the UK by serious organised crime. It assumed the functions of the National Crime Squad (NCS), the National Criminal Intelligence Service (NCIS) and some of the functions of the UK Immigration Service (UKIS) in dealing with organised crime. SOCA assumed its functions on 1 April 2006.

The current strategic and tactical relationships with SOCA are exceptionally good and have already assisted in preventing or addressing potential areas of dispute. The MPS has taken the primary role amongst forces in shaping that relationship to benefit Londoners. There are already positive benefits from a more open approach to intelligence sharing, joint thinking and a genuine commitment to work in partnership to provide long-term solutions.

The following provisional agreements have been made:

1. Intelligence, which has an impact on the activities of either the MPS or SOCA, will be shared on an equal basis.
2. A joint tasking and co-ordinating mechanism has been established in relation to relevant intelligence, to ensure the respective resources of both organisations are focused on priorities and duplication avoided.
3. To avoid confusion and to focus assets in a co-ordinated and consistent approach, the respective MPS and SOCA investigative leads once assigned, will remain in control for the duration of the investigation.
4. MPS and SOCA will engage with each other as full partners, allowing relationship building with prospective partner agencies by either party.

A number of Standard Operating Procedures (SOP), have been commissioned across MPS Business Groups and are in the process of development.

Some issues have emerged around the use of MPS facilities, especially custody, payment for services and SOCA access to MPS buildings. There are some potential implications in relation to the impact SOCA activity has on MPS resources and of MPS activity on SOCA resources. The MPS is already working with SOCA to develop a charging protocol that can be adapted into a Memorandum of Understanding or similar.

A. Recommendations

That the Authority notes the following provisional agreements:

• Intelligence which has an impact on the activities of either the MPS or SOCA will be shared on an equal basis.
• A joint tasking and co-ordinating mechanism has been established in relation to relevant intelligence, to ensure the respective resources of both organisations are focused on priorities and that duplication is avoided.
• To avoid confusion and to focus assets in a co-ordinated and consistent approach, the respective MPS and SOCA investigative leads once assigned, will remain in control for the duration of the investigation.
• MPS and SOCA will engage with each other as full partners, allowing relationship building with other prospective partner agencies by either party.
• MPS and SOCA will exchange staff in order to embed personnel into the respective organisations and facilitate closer working practices.
• The MPS and SOCA should agree a charging formula based on the principle of full cost recovery, in line with existing MPS agreements, for services supplied. This agreement should be workable, not overly bureaucratic and appropriate taking into account the materiality level of the costs involved.
• The MPA consider appointing a dedicated liaison point in relation to developing the SOCA/MPS partnership.

B. Supporting information

Project management

1. The project leads remain in place with a considerably greater degree of consultation across the organisation. Separate leads for each SOP have been appointed. Given the number and range of SOPs, a risk assessment has been completed and each SOP graded according to its urgency and potential impact or harm to the community. Core headings are Information Sharing, Joint Operational Activity and Multi-Agency working, Support and Co-ordination Services, Knowledge Building, Corporate Services and Third Party relationships.

2. Although the SOCA Steering Group meetings have now ceased, regular meetings at the strategic level, operational level and through SOCA relationship managers.

Consultation

3. Liaison with the MPA has occurred, through existing leads or contacts. It would very much be welcomed if this could be placed on a more formal and structured basis.

4. The consultative process continues both within the MPS and with external stakeholders. There are a number of workshops still to report on the implications, concerns and opportunities presented by SOCA. Most of the stakeholder consultation has been completed. The MPS Independent Advisory Group (IAG) have asked for a briefing on the SOCA relationship, although a confirmed date is awaited. The Independent Police Complaint Commission (IPCC) consultation prompted more questions and a further meeting is being arranged including Directorate Professional Standards (DPS) and intelligence staff from Specialist Crime Directorate (SCD).

5. There is a regular working group to discuss issues and challenges in respect of SOPs.

SOCA implementation plan

6. SOCA have appointed most of their senior staff and they are now progressing successfully the SOCA strategy and operational activity. The next phase of recruitment is underway and this will include further specialist staff. It is perceived that there is may encourage some MPS specialist staff, particularly engineers and analysts, to progress their careers via SOCA. This is addressed later within this paper.

Current areas of development

7. The Tasking and Co-ordination across SOCA with their partners and stakeholders is a significant issue in which the MPS is involved fully. The relationship between MPS and SOCA regarding to tasking and prioritisation of subjects is being developed, but essentially allows each partner to focus on a number of subjects and networks without duplication and with one agency adopting a lead role for the duration of the operation.

Building an effective relationship

8. The current strategic and tactical relationships with SOCA are exceptionally good and have already assisted greatly. The MPS has taken a primary role amongst forces in shaping that relationship. There are already positive benefits from a more open approach to intelligence sharing, joint thinking and indications of a genuine commitment to work in partnership. SOCA is a new organisation with a significant internal change programme and its own priorities. This has caused it to realign international/national operational activities but also its business processes and it is too early to scope the operational impact upon the MPS of such changes.

9. SOCA is perceived by the MPS as a highly professional agency being of positive benefit and step forward in combating crime and criminal networks with a genuine commitment to work in partnership with the MPS.

10. There are issues that have been resolved and will require resolving in relation to business processes/benefits, prioritisation and operational progression. There is however a tangible and positive change in style and approach in addressing such issues prior to the launch of SOCA and during the intervening period.

11. A potential issue is that SOCA is in the process of recruiting engineers and analysts. The remuneration being offered for those roles is believed to be greater than the MPS are currently offering and may pose a challenge. Director of Information and Director of Intelligence are monitoring this in consultation with Director Human Resources. These core areas may need review in terms of conditions/ remuneration should there be indications of a significant impact upon MPS capability/resilience.

12. In respect of the exchange of intelligence, and the respective demands of MPS and SOCA, the SOP agreements will determine the exact relationship. A broader high level partnership agreement has been circulated for consultation and has yet to be agreed as an agreed overarching document.

Positive feedback from MPS units elicits the following

13. SOCA investigations continue to impact positively on reducing crime within London. The Schengen desks within SOCA assist MPS effort in relation to international enquiries. There is a good working arrangement with the SOCA international liaison points, which enhances MPS investigative efforts, albeit that the true impact of SOCA re-aligning its International liaison role is yet to be realised. The SOCA intelligence function supports MPS enquiries effectively. SOCAS are working closely with the MPS with regard to joint partnerships with Her Majesties Prison Service (HMPS).

Potential issues

14. Custody provision impacts on MPS capacity and the protocol requires further consideration and similarly, provision of Criminal Justice Protection services. In the medium term, the cost provision of telecommunication services to the Police Service will become an issue for the MPS in particular but also wider law enforcement and intelligence agencies.

15. As an external partner, there are some challenges for the MPS in relation to demarcation of activity within SOCA and in regard to pathways to access resources within SOCA. This is being actively pursued and resolved through SOCA/MPS relationship mangers or existing operational relationships.

16. SOCA utilise MPS resources and time in relation to casework, which has an impact on capacity especially the SCD, whilst the MPS utilise considerable SOCA assets. Neither body possesses, at this time, a clear identification of business benefits and establishing a process to do so is a core element within the MPS/SOCA project.

C. Race and equality impact

Further consultation will take place with the MPS IAG in a meeting, which will be addressed jointly by MPS and SOCA. It is intended that any issues in respect of Diversity and Equality may become apparent there. There is however no known impact currently identified.

D. Financial implications

1. To date all financial costs for this project and project management on behalf of the MPS will be borne from existing estimates by the Specialist Crime Directorate.

Cost recovery

2. The new relationship between SOCA and the MPS will have financial implications. The changes in roles mean that there are situations where each organisation may well be charging the other e.g. the MPS will make charges to SOCA for use of the MPS estate, and any use of firearms officers involved in either witness or jury protection; conversely SOCA may levy charges against the MPS for specific services.

3. There are provisions under the SOCA Act that set out charging principles. The principle of full cost recovery, including overheads, will be applied as in other working relationships that the MPS has. The MPS has previous experience of setting up these arrangements and is already working with SOCA to develop a charging protocol that can be adapted into a Memorandum of Understanding or similar. Key to this is ensuring that the processes involved reflect the identification of all costs, materiality and the desire to establish a simple, transparent and robust charging mechanism.

Human resources

4. Issues relating to specialist staff have been described earlier in this report. HR are being fully consulted as part of the project planning and especially in respect of this matter. The HR Directorate will be consulted at every stage to ensure that corporate risks are managed and monitored throughout the agencies introduction.

E. Background papers

• Management Board update paper of 5.12.05.

F. Contact details

Report author: Commander Shaun Sawyer, MPS.

For more information contact:

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

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