Special services agreements

Report: 15
Date: 11 July 2002
By: Commissioner

Summary

This report explains the circumstances where special services of police are provided to third parties under section 25 of the Police Act 1996, sets out existing instances of the provision of such services, and describes the contractual framework and arrangements for cost recovery pertaining to such special services. All services referred to are charged using standard special service rates which recover direct costs and a contribution to corporate overheads.

A. Recommendations

1. It is recommended that the report be noted.

B. Supporting information

Background

1. Following a request from members this report sets out special services provided under section 25 of the Police Act 1996 and identifies the level of income associated with the delivery of such services. Members are asked to note that further work around the delivery of special services is likely to be undertaken as part of the corporate response to the Income Generation report produced by Accenture in April 2002. This will involve a number of legal and operational issues that will need to be clarified in order to give a full response.

Special services of police - definitions

2. The term ‘special services’ relates to powers afforded to chief officers of police under section 25 of the Police Act 1996. These powers allow special services of police to be undertaken and for the costs of such special services to be recovered from the party receiving the services, as follows:

“ The chief officer of police of a police force may provide, at the request of any person, special police services at any premises or in any locality in the police area for which the force is maintained, subject to the payment to the police authority of charges on such scales as may be determined by that authority” [s. 25 Police Act 1996]

3. The process of deciding whether any particular suite of services qualifies as a ‘special service’ under the Police Act 1996 needs careful consideration. The decision rests not only on the general premises that the services must be additional to those set out in a Force’s policing plan, or that the services are provided on private rather than public property, but can also depend on detailed assessment of case law in specific circumstances.

4. The powers acquired under the 1996 Act are presently used by the MPS to undertake a number of services. These include:

• The delivery of services at the Palace of Westminster.
• Services undertaken in the policing of football matches and other sporting events.
• The provision of assistance for activities such as film making, traffic surveys and others.
• Safety training provided to London Ambulance Service.
• The delivery of services to Transport for London under the Special Services Agreement approved by MPA on 25th April 2002.
• Services provided to other bodies including business federations, nightclubs and other public and private sector organisations.

Operations at Heathrow Airport

5. The delivery of services at Heathrow Airport is undertaken under the Aviation Security Act 1982 (as amended) and accordingly does not qualify as a ‘special service’ under s. 25 of the 1996 Act. The Aviation Security Act provides (i) for chief officers of police to supply policing services to the operators of airports ‘designated’ by the Secretary of State and (ii) for police authorities to recover the costs of delivering such services by agreement with airport operators. The MPS has an ongoing relationship with Heathrow Airport Limited and recovers in the region of £23 m. per annum relating to the policing of Heathrow Airport.

The Palace of Westminster

6. The MPS signed a special services agreement with the House of Lords and House of Commons (‘The Two Houses’) during July 1999. This followed a period in which the MPS had not been able to recover its costs in delivering services to the Two Houses. The agreement provides for the delivery of a suite of services to ensure the security of the Parliamentary Estate including the Palace of Westminster and outlying offices used by members of Parliament and for administrative purposes by the Palace authorities.

7. The contract is worth nearly £20 m. in the 2002/03 financial year and services are delivered using a legally binding document produced in association with legal advisers, which came into effect on 1 September 1999 with a contract term of two years. The contract is managed by the Divisional Commander with support from the Finance Department. Subsequently the Two Houses have indicated their satisfaction with the delivery of services, and accordingly the agreement has been extended until 31 March 2004. Costs specified in the agreement are recovered on a monthly basis using a payments profile which is cash flow neutral to the Authority.

Football matches and other sports events

8. Police forces are able to recover under the 1996 Act costs incurred in the policing of football matches and other sports events. The accepted legal interpretation of what can be recovered extends to police officers deployed within the grounds but not to officers deployed outside the grounds. This is because under existing policy these are not regarded as ‘special services’ for which a charge may be made. Where the delivery of ‘special services’ takes place the relationship with the client organisation is governed by use of a pro forma contract available to borough commanders. Monies recovered from delivery of these services are collected corporately and in most cases (for historical reasons) are not therefore available for other purposes at borough level.

9. The Accenture report estimated the cost of policing these events in 2001/02 at £11 m. and in that year £2.4 m. was recovered from football clubs and other organisers. The higher costs refer to costs incurred outside the grounds which under existing MPS policy have not been regarded as recoverable under s. 25 of the 1996 Act.

Filming on the streets, traffic surveys and other income

10. The following table summarizes the income generated from other activities undertaken under s. 25 of the 1996 Act in 2001/02.

N.B. Services provided to other bodies includes business federations, nightclubs and other public and private sector organisations.

11. The level of resources required for any of these activities is agreed between the Operations office at the borough and the organisation requesting police support. This is then recorded on a standard form and costed using standard costs. This income is recycled back to the borough command unit to cover the cost of the services provided.

12. As many of these deployments are not undertaken on a recurring basis, they are not necessarily subject to formal contract arrangements. Each borough negotiates individually with the various organisations when aid is requested, although charges will be levied using standard rates.

C. Financial implications

13. Financial issues are discussed in the main body of the report. Further work is being undertaken corporately following the publication of the Efficiency and Effectiveness Review report on Income Generation produced by Accenture in April 2002.

D. Background papers

None.

E. Contact details

Report author: Bob Alexander, MPS.

For information contact:

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

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