Additional powers for Police Community Support Officers

Report: 6
Date: 1 September 2006
By: Commissioner

Summary

Original report (presented to full Authority on 27.04.06): A considerable number of new powers are available in the Serious and Organised Crime Act 2005 for designation to Police Community Support Officers (PCSOs). The Police and Justice Bill contains directions on the powers that the Home Office believe should be standard for all PCSOs. The MPS intends to designate fewer powers than the total available in order to retain distinction between PCSO and Police Officer role, reduce training implications and retain focus of the PCSO role on community engagement and reassurance.

This report: Following further consultation with MPA members two additional powers will be included in training and designation for PCSOs. This report also reports on MPA queries regarding training of PCSOs.

A. Recommendations

That

1. members note the designation of additional powers for Police Community Support officers in the Metropolitan Police Service following new powers becoming available in Serious Organised Crime and Police Act 2005; and
2. members note the two additional powers that will be designated to PCSOs from Serious Organised Crime and Police Act 2005.

B. Supporting information

A report was originally submitted to the Authority meeting on 27 April 20 06. At that committee a meeting was requested for MPA members to further discuss PCSO powers. This meeting was held on 9 June 2006. The meeting on 9 June 2006 focussed on the options available to the MPS for new powers for PCSOs and the rationale for those decisions. The meeting examined all powers available for PCSOs and focussed on the following powers and issues with specific requests for further information or action.

Two further powers will be designated to PCSOs as a result of this consultation namely:

• Power to issues penalty notice for graffiti
• Power to issue penalty notice for throwing stones at trains

A full list of all PCSO powers is included at Appendix 1

The issues raised at that meeting are listed below with responses.

How is the terrorism power explained to PCSOs whilst in training? What is the advice to PCs and PCSOs on the phrase ‘in presence of and under the supervision of a constable’?

1. PCSO students are given clear instructions that this is a power that is only exercised when they are working with a police constable, and that the PC is in close proximity. This means close enough to see and hear the PCSOs actions. The PCSO instructions are that this is not a power that is available to use independently. This is a clause from the original legislation and is intended to apply to any situations where a PCSO is empowered to search premises (in this case a vehicle).

2. The PCSO training in using search powers then covers all the legal and procedural aspects of searching that a PC would receive. PCSOs receive the same training as police constables in the implications of stereotyping and disproportionate use of this tactic.

3. Police constable briefing and training includes the responsibility to supervise the PCSO whilst he/she exercises these powers.

4. Local training in areas where this power is more frequently used, (Westminster and Transport OCU), include specific reference to each parties responsibility under this power.

5. MPS policy and standard operating procedures on searching state that they apply to PCSOs.

MPS to consider training PCSO to deal with graffiti. Whilst carrying out the power to issue a penalty notice for graffiti PCSOs should be aware of other damage offences, i.e. Fly posting, and their responsibilities and options.

6. Use of penalty notices for graffiti will be a new offence for PCSOs. Training will be provided in the new powers commencing Autumn 2006. Training will include reference to other similar offences and responsibilities and options available to PCSOs. This will include guidance on good practice in recording evidence, power to request name address for someone fly posting (as it is anti-social behaviour), seizure/destruction of any posters and recording intelligence for future action against fly-posting suspects.

Request by MPA members that the MPS consider designating the power to issue fixed penalty notices to PCSOs for the offence of throwing stones at trains.

7. This power will be added to the powers designated to PCSOs and will be included in forthcoming training.

How to make powers known to public and community and internally

8. The Safer Neighbourhoods Unit has a communications strategy, linked to the recent review of PCSOs, to raise awareness of the PCSO role. PCSO powers will be subject of internal publications including a revised policy document published as a police notice. The notice will include the new powers and the operational application of those powers.

9. Safer Neighbourhoods stakeholder newsletters focus on PCSOs and are circulated beyond the regular set of recipients when PCSOs are featured. A forthcoming edition will focus on informing all MPS staff about the investment in PCSO training and the course on new powers for existing PCSOs.

10. The Safer Neighbourhoods Unit website contains information on PCSOs which will be updated. All MPS PCSOs will receive an electronic communication in order to keep them informed of the developments.

11. Information will be sent in specific communications to OCU Commanders and operational managers in order for team leaders, police colleagues and support staff to be kept informed. A new police notice will be produced to coincide with the training commencing. This will list all PCSO powers and be accessible to all staff. Communication to the public will be cascaded through information to boroughs and other business groups with PCSOs. The MPS website currently contains some details of PCSO powers and role. When it is clear exactly which powers will be given to PCSOs the MPS internet site will be updated to include a news item and cross reference to the designation card that PCSOs carry with details of their powers. Materials will be produced for local external use, based on the newsletter mentioned above. The training programme will take some time to deliver and will mean a transitional period when powers vary between different teams of PCSOs. Boroughs will be able to communicate new powers to the community as PCSOs attend their development course.

Arrange a meeting with the Home Office to confirm the impact that Police and Justice will have on the choice of powers and the MPS training plans.

12. This meeting took place in late June. The meeting confirmed that the Police and Justice Bill would contain a clause giving the Home Secretary the power to direct a standard set of powers for PCSOs. The exact level or scope of the standard set is not finalised. The Home Office have not confirmed if the Home Secretary will order that the powers listed in the bill will be the mandatory standard set.

13. On 7 July 2006 Sir Ian Blair wrote to the Home Secretary raising the MPS concerns about the extent of the proposed standard powers for PCSOs and the potential ‘role drift’ towards the enforcement role of a police officer. The letter also highlighted the demands on training programmes and the long lead in times for new powers during which PCSOs powers will vary, possibly further confusing Londoners. The Home Secretary has responded requesting further information how the type of problems that the powers the MPS declines to use will be dealt with.

Training

14. Preparation of a course for existing PCSOs is nearing completion and will be piloted in August 2006. This will be delivered to all MPS PCSOs either as a development course or as part of the foundation course. Training will begin in October and will continue for over a year. All training for extended powers will be delivered at the new central London training centre for Territorial Policing. This will ensure consistency and aid a reliable designation process.

C. Race and equality impact

1. The PCSO course contains substantial input on diversity, particularly in the application of powers. The revision of the PCSO course will strengthen this. All PCSOs exercise their powers under the supervision of a police officer and in the case of the search power under terrorism legislation carry out their actions only whilst with a police officer.

2. The powers intended to be designated to PCSOs are unlikely to lead to a negative or disproportionate effect on any group as the powers are generic and require little use of discretion i.e. power to issue fixed penalty notices for litter or dog fouling.

3. There are no negative implications anticipated in the adoption of further powers by either existing or prospective PCSOs.

4. Training will be delivered to all PCSOs on a course specifically designed for the needs of the group in relation to experience and recruitment standards. This is unlikely to have negative implications for any group of PCSOs who have met the recruitment standards.

D. Financial implications

The costs for training are in three elements:

1. Increase in the foundation course
2. Development course in new powers for existing PCSOs
3. Opportunity costs of development course.

The central London training facility was subject of other papers to MPA.

1. Increase in course length of foundation course. The capacity of the existing foundation training centre at Hendon is based on the expectation of an increase in the course to five weeks in October to improve PCSO skills. This is a planned increase following a review of performance and is built into staffing plans. This will increase the opportunity costs as each PCSO will reach OCU three days later than at present. This change has been timed to minimise impact on Safer Neighbourhoods rollout.

A further one-week extension will be required at a later stage so that all MPS PCSOs have the extended powers. No start date has been set for this extension due to the need to avoid negative impact on Safer Neighbourhoods roll-out. The PCSO foundation course will then be six weeks long. The costs of a six-week course, in terms of training provision, are not calculated at this stage but the intention is to deliver the six-week course within existing resources.

2. Costs of training existing staff in new powers. A plan has already be agreed by the MPA for the following investment to provide a training centre in central London for Territorial Policing needs: - £488K for staffing and £400k approx for rental of a venue with sufficient classrooms for 19 months. PCSO training in extended powers will be delivered at this venue along with other courses. MPA Investment Board agreed this proposal on 21 March 2006. The MPA Finance Committee agreed the proposal in spring 2006.

3. Opportunity costs for all MPS PCSOs (currently 2350) to receive approx one week and two days training. The abstraction will continue for 14 months from October 2006.

E. Background papers

None

F. Contact details

Report author: Claire Wynnick, Chief Inspector TPHQ, MPS.

For more information contact:

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

Appendix 1

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