MPS review of Non-sanction detections

Report: 14
Date: 5 July 2007
By: Director of Strategy, Modernisation and Performance Directorate on behalf of the Commissioner

Summary

This paper updates the MPA with the process that has been followed by the MPS since an internal audit in August 2005 indicated problems with compliance with ‘Non Sanctioned Detections’. It describes the risks and problems associated with this. The MPS has participated in a national review of the issue – and has done so jointly with the Home Office, HMIC and ACPO. The report provides information on the current situation to deal with the issues associated with public safety and the work that is being done by Operation Hines.

A. Recommendations

Members are asked to note the contents of this report

B. Supporting information

Operation Hines update

1. The history that led up to the formation of Operation Hines, the MPS response to Non Sanction Detections (NSDs) was documented in the previous submission to the MPA dated March 1, 2007.

2. Briefly, following a routine audit the MPS Force Crime Registrar identified some crime recording compliance issues, which raised concerns in relation to NSDs. This audit revealed that about 80% of NSDs claimed were unsustainable being either evidentially or procedurally flawed.

3. These issues were shared with the Crime Standards Unit within the Home Office. The Home Office then requested four forces to undertake a sample examination of NSDs for compliance with Home Office Counting Rules (HOCR). The level of unsustainablity identified by the MPS was reflected across these forces.

4. In July 2006 Operation Hines was formed to review the risks around NSDs and prepare for the forthcoming National audit. This was done by identifying some of the more serious offences and adopting a risk based approach towards them.

The risks involved in the NSD issue are primarily of three types:

• Public safety – it is possible that improperly recorded NSDs or those incurred after Enhanced Criminal Record Bureau (ECRB) checks were carried out may have resulted in persons obtaining employment with children or vulnerable adults following an erroneous/incomplete MPS disclosure.
• Human rights – the corollary of the above is that individuals properly seeking employment in areas where they regularly deal with children or vulnerable adults may be denied such employment due to erroneous/incomplete disclosure.
• Organisational reputation – either of the above scenarios may reflect adversely on the MPS, but the public protection issues are likely to be of much greater public concern.

5. The methodology adopted by the MPS in addressing these risks has been examined in detail by HMIC. It has been commended as best practise and has provided a benchmark for other forces to follow. The system is to examine those occasions where NSD’s have been recorded for a high risk category of offence and then cross reference the subjects of those decisions with any enhanced CRB check against their name. These cases are then examined on an individual basis, balancing the rights of individuals against the overriding commitment to protection and safety of Londoners. The decision as to any disclosure is made through a Gold Group structure. The stages of this process are described as tranches of work.

1. Operation Hines Tranche 1 involved examination of NSDs for Schedule 3 sex offences against juveniles for period 1.4.05 to 31.3.06. Of the 373 cases submitted to CRB for checking 16 matches were found. Three additional disclosures were made in respect of these cases. Tranche 1 is now complete.
2. Tranche 2 was the ACPO prescribed sample, which examined NSDs for Schedule 3 sex offences, GBH with intent and child abduction cases for the period 1.4.03 to 1.11.05. Of the 1803 nominals submitted to CRB, 77 matches were identified. To date there have been five additional disclosures.
3. Of these 77 cases there are 12 awaiting presentation to the Operation HInes Disclosure Panel for further disclosure to be considered.

Current position

6. Work has begun on Tranche 3. This is the extension of the ACPO sample for similar offences but going back to 1.4.1998. The MPS are also extending it forward to 31.3.2006. 4215 names were submitted to CRB and 277 matches identified.

7. When this tranche is complete the MPS will have reviewed those NSDs where the accused has been subject to an enhanced CRB check for the period 1.4.1998 to 31.3.2006. This means that we will have identified 6018 NSDs for relevant offences and of these, examined 354 matches.

8. The MPS has consulted a forensic psychologist to develop a prioritisation matrix, which will assist staff to identify, which subjects should be contacted with a higher priority.

9. Work has also begun in conjunction with CRB, which will allow the MPS to obtain information relating to the 1.5 million disclosures that were made without routine examination of CRIS (the crime recording and investigation system). Initial sampling by the MPS indicated that approximately 6.8% of these may require further examination. Consultation will continue with CRB as to how best to proceed. CRB have made a Ministerial Submission in consultation with the MPS, which Ministers have noted.

10. The Gold Group has signed off all the decisions taken about T1 and T2. This Gold Group now includes a member from the Legal Services Commission to represent the accused persons.

11. The MPS findings and current position have been forwarded to DCC McAllister (Lancashire Constabulary) who is co-ordinating the National response. He will be presenting these to ACPO President together with the disclosure paper presented by CRB.

12. The MPS is the only force that is extending its sampling of NSDs back to 1998.

Home Office liaison

13. Operation Hines has played a role in the work that the Home Office have done to review the practice of including NSDs within the police performance framework. They are now excluded as a performance measure. In addition the Home Office have, as from April 1, 2007 severely restricted those instances whereby an NSD can be claimed. These are now restricted to indictable only cases where:

• D1 the offender dies before proceedings can be initiated or completed, or
• D6 the CPS has considered the evidence and decides that prosecution is not in the public interest.

14. Since the removal of NSDs from the performance framework, the number of cases resolved by way of NSD has dropped significantly. For the year 2006/7 it is anticipated that the MPS will have authorised less than 2000. Intelligence relating to individuals will remain within the CRIS system, and has been in some ways enhanced by not putting so much information into a category that was not always integrated into the CRB process.

15. It is expected that this reduction in the use of NSDs will be reflected nationally.
Media strategy:

16. A handling strategy has been agreed between the MPS, MPA, Home Office and ACPO Press Offices in the event of enquiries from the media - ACPO will deal with the review, and the MPS will deal with specific issues relating to Operation Hines.

Conclusions

17. Operation Hines continues to progress the work undertaken as part of the National Strategy, reviewing those cases going back to 1998. It is anticipated that this work should be complete towards the latter part of the year.

18. The issue around the 1.5million disclosures where CRIS was not routinely searched is still subject to discussion particularly with CRB. There is a risk that incorrect or missed disclosure opportunities have resulted in inappropriate persons gaining employment in areas where they may present a risk to children or vulnerable adults. A risk-based approach similar to that undertaken by Op Hines will be adopted in respect of these disclosures.

Abbreviations

NSD

Non-Sanction Detection

HMIC

Her Majesty’s Inspectorate of Constabularies

CSU

Crime Standards Unit

HOCR

Home Office Counting Rules

ECRB

Enhanced Criminal Record Bureau

C. Race and equality impact

There is no evidence at this stage to suggest either that NSD’s have been disproportionately applied in the first place, or that there is any disproportionate appearance of different minority groups within the Tranches assessed to date. This information is recorded and assessed within the process.

D. Financial implications

Operation Hines has been in correspondence with a number of solicitors representing accused persons. To date no legal proceedings have been instituted against the MPS in respect of any issues arising from the review of these NSDs.

Operation Hines is currently staffed by three full time police officers and one part time officer. In addition some recently retired officers have been employed on a short-term contractual basis. A report looking at the future plans for how to resource this work is currently being considered.

E. Background papers

• Terms of reference for the Committee

F. Contact details

Report author:Commander Simon Foy, MPS.

For more information contact:

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

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