Annual review of the schedule of fees and charges

Report: 06
Date: 20 November 2003
By: Commissioner

Summary

This report sets out information on Metropolitan Police Service (MPS) fees and charges. It also provides details of charges for the detention of prisoners in MPS cell accommodation and for special services of police.

A. Recommendation

1. That the Committee approves the attached schedule of fees and charges.
2. That Finance Services will be initiating further discussion with other Agencies, concerned with the drafting of legislation on fees and charges to base these on the principle of full cost recovery and with a view to reducing the bureaucracy involved in administering said processes.
3. Notes that Finance Services will be exploring further the current charges for use of cell accommodation with the Home Office to progress towards charges that reflect the full economic cost to the MPS of providing this service.

B. Supporting information

Introduction

1. There is a requirement, as stipulated within the Metropolitan Police Authority (MPA) Financial Regulations and Metropolitan Police Service (MPS) Financial Instructions, for the Commissioner to review scales of fees and charges at least annually. The charges are calculated on the basis of recovery of full costs except where regulations/legislation require otherwise or with the express approval of the MPA.

2. The Commissioner has delegated the responsibility for undertaking the annual review to the Director of Finance.

General fees and charges

3. The general fees and charges for the Metropolitan Police Service (MPS) can be classified under a number of specific categories. They are:

• MPS calculated fees and charges;
• Fees as advised by other Agencies;
• Fees and charges as detailed within statute or legislation.

4. MPS Calculated Fees/Charges

The range of Fees/Charges under this category are:

• Charges for the provision of copy documents, audio tapes and video tapes requested by solicitors etc. required for civil proceedings also known as the 520 procedure;
• Charges for the taking of fingerprints for members of the public in relation to visa and passport applications;
• Charges relating to the recovery of the cost of officers seconded to other organisations and the cost of paying non MPA personnel through MPS payroll services;
• Charges for detaining prisoners in MPS cell accommodation;
• Charges for the special services of police.

5. Charges as Advised by Other Agencies.

These charges are:

• The cost of providing additional copies of audio taped interviews as advised by Association of Chief Police Officers (ACPO);
• The cost of the registration fee made to the MPS Security Systems Section for intruder alarm registration as advised by ACPO.

6. Charges which are set by statute or legislation.

These charges include:

• The fee to be paid for the issue of a special order of exemption as set out in The Licensing (Fees) (Amendment) Order 1996;
• The fee to be paid for the issue of a pedlars' certificate as stated within The Pedlars' Certificates (Variation of Fee) Order 1985;
• The fee to be paid in relation to the restoration of a stray dog as set out in The Environmental Protection (Stray Dogs) Regulations 1992;
• The fee to be paid in relation to a search under the Data Protection Act 1998;
• The variety of fees charged for the grant of firearms/shotguns etc. as detailed within legislation such as the Firearms (Variation of Fees) Order of 1990 and 2000 and also within the Museum (Firearms Amendment Act 1988);
• The fees charged for removal and storage of vehicles removed under the powers granted to police by the Removal and Disposal of Vehicles Regulations 1986.

7. Finance Services can confirm that the income paid in relation to the above fees and charges for the issue of pedlars’ certificates etc. is retained by the MPS.

8. Appendix 1 to this report provides a comprehensive list of the fees and charges as per the above categories. MPS calculated fees and charges are effective from 1 April 2004.

Review methodology

MPS calculated fees/charges

9. This review has been extensive to ensure the process is robust and the costing methodology is sound for requests for documents etc. for civil proceedings. This has included a wide ranging exercise across Borough based Criminal Justice Units (CJU) to identify the number, staff band and actual salary cost of those staff involved in providing the information for civil proceedings.

10. This exercise was viewed as essential to produce charges that were more reflective of the actual work undertaken by MPS CJU staff in processing these requests. Previous charges had been based on those recommended to all police forces in England, Wales and Northern Ireland by ACPO Traffic Committee on 2 July 1996.

11. These charges have remained constant since 1996 and as ACPO have ceased to advise of appropriate charges, Forces now exercise autonomy in calculating their own 520 procedure charges to ensure full cost recovery.

12. As an initial step, Finance Services increased these charges as part of the review in 2002 from previous levels by inflation (Please refer to the 2003/2004 charges column in Appendix 1). It was agreed for the 2003 annual review, a more detailed examination was required to identify the actual cost of the 520 procedure work carried out by CJU personnel.

13. At the conclusion of this exercise, it was apparent that our charges for copy information principally in relation to the provision of report books (£57 in 2003-2004) and copy statements (£2.30 in 2003–2004) would need to be increased by a considerable margin to ensure full cost recovery (As of 1 April 2004: report books £95.89/copy statements £24.22). The increase is due to a movement away from the methodology used for the ACPO recommended charges, which were based around average staff costs at 1995 pay levels. This exercise has identified the actual staff costs of staff involved in the process at current pay levels and include an estimated increase for pay inflation for police and police staff for 2004.

14. Finance Services has undertaken research to establish the charges made by other Forces for the provision of this information. Our research included the Forces adjacent to the MPS including Surrey, Kent, Hertfordshire etc. and also West Yorkshire, West Midlands and West Mercia.

15. It was apparent that there is no consistency in the charges made by other Forces. The charge for a copy of a report book in Surrey and Hertfordshire is £50, in Kent is £75 and West Yorkshire of £134. Similar differences between Forces can be seen in the charges for other copy documentation.

16. It has been confirmed with West Yorkshire Police that their methodology is similar to the approach taken by the MPS of total cost recovery. West Yorkshire advised that there has not been any undue criticism of the scale of the charges by Solicitors, Insurers etc. requesting information from them (In 2002 the charge for a copy report book in West Yorkshire was £55).

17. Finance Services have considered the possible impact of the Freedom of Information Act 2000, where under the Act the general right of access commences with effect from 1 January 2005, on the supply of this documentation. Finance Services will ensure that the supply of the said documentation will comply with the above Act, which will necessitate the inclusion of this type of documentation within the MPS publication scheme.

18. Our review of the remaining areas of MPS calculated charges as stated in paragraph 4 has indicated there should be no change to the current fees for the fingerprinting of members of the public for visa or passport applications or in relation to the administration fee included in the charge made for recovery of the cost of officers seconded to other organisations and the cost of paying non MPA personnel through MPS payroll services. The charges for the detention of prisoners in MPS cell accommodation and the special services of police are explored more fully in the following sections.

Charges for Detention of Prisoners in MPS Cell Accommodation

19. The MPS works closely with other agencies such as the Immigration Service. This co-operation extends to the accommodation of their prisoners, such as Immigration Service detainees, in MPS cells until such time as they can be handed over to the relevant agency. The co-operation between the two services is encapsulated in a Memorandum of Understanding (MOU).

20. The MOU, which commenced in November 2002 is primarily an operational arrangement but also incorporated long-standing arrangements for recovering the cost of detaining Immigration Service prisoners. In order to comply with the timescales stipulated for agreement of the MOU, Finance Services had to introduce these charges before they could be presented to the MPA Finance Committee to obtain their formal approval. However, they were ratified with the MPA Treasurer.

21. The current charges are with effect from 1 April 2003. Discussions are to commence shortly with the Immigration Service to establish charges with effect from 1 April 2004. A further report will be brought before MPA Finance Committee once agreement has been reached with the Immigration Service. The charges agreed with the Immigration Services recover the full cost of the MPS resources deployed and therefore are to be used as a basis for charging other agencies who lodge their prisoners in MPS cell accommodation. Appendix 2 to this report provides detailed explanation of the methodology used to calculate these specific charges.

Charges for Special Services for Police

22. On many occasions, the MPS provide policing services within private premises, such as sporting stadia and also in the provision of assistance for activities including filmmaking and traffic surveys. These policing services fall within the remit of Section 25 of the Police Act 1996, which allows the costs of such special services to be recovered from the party receiving the services.

23. The MPS make charges for these special services, which are designed to recover full costs. The charges are effective from 1 September each year to coincide with the announcement of the police pay increase. The charges include daily rates and hourly rates for police ranks up to and including Assistant Commissioner rank.

24. There are additional charges in relation to other resources utilised on such events such as daily costs for police staff, including drivers, communication officers, daily costs for police horses, dogs and vehicle costs. The daily and hourly rates for police officers and police staff are calculated to ensure the cost recovery of direct pay costs. The cost of police officers incorporates a departmental charge to recover non-pay and overhead costs. Appendix 3 to this report details the charges for the Special Services of Police with effect from 1 September 2003.

Charges as Advised by Other Agencies

25. ACPO has been approached to establish whether there has been any change to the cost of providing additional copies of audio taped interviews and for the cost of the fee for intruder alarm registration. They have advised there is no change to current fees.

Charges which are set by statute or legislation.

26. Finance Services has approached the Home Office and other Government Departments to establish if the legislation, which sets fees as stated within paragraph, 6 is still current. They have advised that the legislation is current.

27. To maintain this currency, Finance Services have developed links with other parties to ensure that they keep us informed of any changes to stated fees through amendments to current legislation etc. MPA Finance Committee will be advised of any such changes. Finance Services will initiate further work to bring pressure upon the Home Office etc. to ensure that, when drafting legislation which sets fees and charges, said Agencies base mandatory fees on the principle of full cost recovery of the work involved in processing this type of request.

Next steps

28. If MPA Finance Committee approves this report, Finance Services will ensure the schedule of fees and charges is promulgated throughout the MPS using a range of media. An electronic version will be published via the MPS intranet. Additionally laminated A3 copies of the full list will be distributed widely throughout the MPS to be displayed in front offices at police stations etc. for the information of members of the public.

C. Equality and diversity implications

There are no issues, which impact upon equality or diversity.

D. Financial implications

The table at Appendix 4 details the estimated income from fees and charges for 2004-2005. The additional income arising from the various increases in fees and charges in this report, (plus known changes in volumes in both 2003-2004 and 2004-2005) have already been included in the revenue budget submission for 2004-2005 to the Mayor, which was approved by the MPA meeting on 30 October 2003. Unless otherwise stated, all fees and charges are exclusive of VAT.

E. Background papers

None

F. Contact details

Report author: Sharon Burd Director of Finance Services, MPS.

For more information contact:

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

Appendix 2

Charges upon the Immigration Service for Detaining their Prisoners in Metropolitan Police Service Cells – 1 April 2003

Introduction

On the 20 November 2002, a Memorandum of Understanding (MoU) was agreed between the Metropolitan Police Service (MPS) and the Immigration Service (IS) for the removal of immigration offenders. Although primarily an operational document, an aspect of the MoU (Annex E) involved the protocol to follow when claiming costs from IS for detention of their prisoners in MPS cell accommodation. On the 1 December 2002 a scale of charges was introduced to be passed onto the IS when one of their detainees is accommodated in MPS cell accommodation. Annex E also indicated that on those occasions when IS used the services of a MPS interpreter, an appropriate charge per detainee would be made.

It was agreed within the MoU that the scale of charges would be reviewed for April 2003 and annually thereafter. The following review has been undertaken by MPS Finance Services incorporating any changes that may have been advised by the HM Prison Service and changes to MPS pay and non-pay costs.

The table below details the charges effective from 1 December 2002 and the revised charges from 1 April 2003:

On those occasions when Immigration Services required the services of MPS interpreter, an appropriate charge of £228 per detainee would be added to the charges in the above table for the use of an interpreter supplied by the MPS during the detention of an immigration offender.

Review of charge by MPS Finance Services

The charge upon the Immigration Service as described in Annex E of the Memorandum of Understanding between the Metropolitan Police Service (MPS) and the Immigration Service (IS) for the removal of immigration offender includes:

Police Staff costs

• An hourly commuted (average) rate for a Uniform Sergeant and Uniform Constable from the Police Commuted Rate Tables produced by the Costing Team, Business Support.
• The rates used for December 2002 were effective from 1 April 2002. Police staff costs from 1 April 2003 use the Police Commuted Rate Tables effective from 1 April 2003.

Cell accommodation

• The rates for cell accommodation used in December 2002 at £4.10 per night are long standing (from 1994).
• As part of our review, rates suggested by HM Prison Service in December 2002 as linked with the arrangements described in Home Office Circular 08/1997 (Reimbursement of costs of holding prisoners in police cells) have been adopted. The rates recommend a charge of £8 per night.

Meals

• The charge for prisoner’s meals at £10 per night as per recommendations in Home Office Circular 08/1997.
• HM Prison Service advised in December 2002 that the charge should be increased to £12 per night.

Bedding and Hygiene

• Charged at £1.00 per night. No change to current rate.

Medical Examination

• Average cost for the service of a forensic medical examiner (FME) at £47.90 from December 2002 based on information from Linguistics and Forensic Medical Services Branch.
• Average cost from April 2003 has been increased to accommodate 6% increase in fees paid to FMEs from December 2002.

There is still acknowledgement that the Immigration Service will be attempting to remove their detainees from MPS accommodation as quickly as possible. With this in mind, the charge for a period from 0 to 12 hours has been continued in addition to the previously stipulated 24-hour period, which will be in force for detentions from 12-24 hours. The charge from 24-48 hours and thereafter is stipulated below.

Police Officer costs

The charge for staff costs for 0 -12 hours is weighted by charging for 30 minutes for the first hour to reflect that booking the detainee in etc. occurs in this initial period. When dealing with the period 12 to 24 hours and periods thereafter, the weighting is not applied. The charges use an hourly commuted (average) rate effective for 2003-2004 encompassing a pay inflation factor of 3.5% from September 2003. (Pay inflation factor provided by Corporate Finance, Metropolitan Police Service in April 2003).

Police Officer costs for 0-12 hours: Sergeant £119.61; Constable £94.50 – Total £214.11

Police Officer costs for 12- 24 hours: Sergeant £212.64; Constable £168.00 – Total £380.64

Cell accommodation

Guidance set out in Home Office Circular 08/1997, as mentioned earlier, details that the charge represents the cost of routine expenses of heating, lighting and minor repairs. It will also include items of expenditure towards the repair, alteration and security upgrading of accommodation costing less than £50.

Information from HM Prison Service in December 2002 is that the accommodation charge has been increased to £8 per night.

Cost of cell accommodation for 2003-2004 is £8 per night.

Prisoners meals

Information from HM Prison Service in December 2002 is that the expenditure on Prisoner’s meals has been increased from those described in Home Office Circular 08/1997 to £12 per night.

Cost of prisoners meals for 2003-2004 is £12 per night.

Bedding and hygiene

This represents the cost of providing bedding (mattress, pillow, blanket and cleaning of blankets) and disposable personal hygiene packs (shaving cream, disposable razors, disposable toothbrush and toothpaste).

Cost of bedding and hygiene for 2003-2004 is £1.00 per night.

Medical examination

This represents the average cost of medical expenses incurred by MPS Forensic Medical Examiner (FME) during an attendance at a police station to examine a detained person. The cost of the FME would not be charged after 24 hours as the view has been taken that on average the detained person is likely to see a doctor at least once during detention. The MPS’s Linguistic and Forensic Medical Services section have provided information that the rates of expenses paid to FMEs was increased by 6% in December 2002. The revised average charge is as follows:

Average cost of a FME is £52.68.

Conclusion

The proposed scale of charges for 2003-2004 incorporates charges of up to a week’s detention of an immigration offender. The charges for 2003-2004 recognise that, in normal circumstances, each detainee would be attended to by an FME at least once during their detention. Given that the Immigration Service are looking to remove their detainees from our jurisdiction within the first 24 hours, it is considered appropriate to only include the cost for the FME in the charge we make for either the 0 to12 hours or 12 to 24 hours detention.

Charge for Immigration Service Detainees – interpreters fees

• There is a ‘standard charge’ for interpreter services supplied by the MPS. The ‘standard charge’ PER DETAINEE for the use of an interpreter supplied by the MPS during the detention of an immigration offender is £228.

This charge represents a one off cost PER DETAINEE that will not be affected by the length of the detention of a specific detainee nor the number of separate occasions interpreting services are required per detainee.

The charge has been calculated using information supplied by MPS Linguistic and Forensic Medical Services section. It represents the average of the number of claims made by MPS interpreters against the fees paid to those MPS interpreters for the service they have provided.

Cost of interpreter is £228 per detainee.

Appendix 3

Charges for the special services of police with effect from 1 September 2003

Note: The daily/hourly rate includes average basic pay; London weighting/London allowance; Employer’s pension liability; accommodation allowance, Employer’s National Insurance contributions and the cost of uniform. A departmental charge is also included to recover non-pay and overhead costs.

Additional charges

1. Horses: £384.00 for each horse per day or part of a day plus any extra expenses incurred for their conveyance and stabling. Cost of officer will be charged at the appropriate rate shown above.

2. Dogs: £47.00 for each dog per day or any part of a day plus any extra expenses incurred in conveyance. Cost of handler will be charged at the appropriate rate shown above.

3. MPS Motor Cycles: All charges are per day or part of a day. In addition the services of a police motorcyclist will be charged at the appropriate rate shown above.

The rates below include a £5 fuel charge.

4. Motor Vehicles: All charges are per day or part of a day. The cost comprises the charges for maintenance, capital, depreciation, the cost of the client unit who administers the outsourced contract and the payment to outsourced contractor. In addition the services of a police or police staff driver will be charged at the appropriate rate.

4.1 MPS Vehicles

The rates below include a £5 fuel charge.

4.2 Hire Vehicles

The rates below include a £10 fuel charge.

5. Drivers: The services of police staff drivers will be charged at £13.83 per hour Monday to Friday and £15.52 per hour Sundays or public holidays. Police drivers will be charged at the appropriate hourly or daily rate.

6. Communication Officers: The services of a Communication Officer or Band E equivalents will be charged at £23.06 per hour Monday, to Sunday or public holiday.

7. Police Staff Football Liaison Officer: The services of a police staff Football Liaison Officer or Band D equivalents will be charged at £24.91 per hour, Monday to Sunday or public holiday.

8. Traffic Wardens: The services of Traffic wardens or Band T equivalents will be charged at £20.78 per hour, Monday to Sunday or public holiday.

9. Police Community Support Officers: The services of Police Community Support Officers will be charged at £24.60 per hour, Monday to Sunday or public holiday.

Note: The hourly rates include average basic pay; allowances including shift disturbance, Location allowance; ERNIC and Employer’s pension liability.

Organisations who been provided with police resources will be expected to provide reasonable accommodation for police performing special services and if this entails expense (for example, supplying a marquee) responsibility for the cost will rest with the organisation who has been provided with such resources.

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