Lay visiting review officer

Report: 8
Date: 16 November 2000
By: Clerk

Summary

This report seeks the HR Committee’s approval to the terms proposed for recruiting a consultant on a short-term basis to undertake the work required on Lay Visiting in preparation for the Authority’s implementation of new guidance on Custody Visiting soon to be published by the Home Office. Approval of the principle of recruiting the consultant will be sought from the Community Diversity and Outreach Committee.

A. Supporting information

Background

1. On 26 September, the Consultation, Diversity and Outreach (CDO) Committee considered a report from the Clerk on lay visiting, which included a recommendation that the Committee should ‘approve the proposal for an additional resource [ie a consultant] to undertake a full and comprehensive review of lay visiting and bring recommendations to the Committee’. (Further background information on lay visiting is given in the note at Appendix 1.)

2. The CDO Committee was not prepared to agree the recommendation without a more rigorous rationale for the consultant and precise information about the cost implications. Members asked for a further report to be brought to the Committee, including on the financial implications, as a basis to enable them to make a decision.

3. Since that Committee meeting, officers have undertaken much work in this area. Discussions and meetings have been held with the Home Office, NALV, the APA, other police authorities and local Panels in order to try to ascertain the nature of the work that the Authority will need to undertake in order to meet the basic requirements with regard to lay visiting. More recently, the Home Office has published for consultation a draft of some revised guidance on lay visiting (which they want to call “custody visiting” in future).

Home Office draft guidance on custody visiting

4. Although there is currently no statutory basis for lay visiting, it is understood that Ministers, the APA and ACPO, among others, are strongly in favour of establishing a statutory duty on police authorities through legislation. As things stand, however, arrangements for lay visiting rest on non-statutory guidance, making lay visiting schemes the responsibility of each police authority in consultation with the chief officer - in our case, the Commissioner

5. The draft revised Home Office guidance sets out proposals for what are likely to become national standards for lay visiting. The guidance emphasises what are described as the Home Secretary’s expectations as to the level, range and type of responsibility that police authorities should have for lay visiting. This includes responsibility for establishing, administering and supporting visiting schemes; and setting clear minimum standards and performance measures for the ways in which police authorities undertake their responsibilities for lay visiting.

Lay visiting in London

6. Lay visiting has been in existence in some London Boroughs for over 15 years. There is no overall coordination of the schemes, and, in effect, each appears to have developed different processes and ways of operation. There are thus by now 37 differently operated, differently financed schemes in London. While the MPA is the responsible authority for lay visiting in London, it at present lacks any clear procedures, structures or policies as to how it will implement its responsibility. Something needs to be done about this, with a view to improving the overall level of service provided by lay visitors to those in custody.

Case for a review officer

7. The MPA support organisation interim structure (see HR/00/15 - exempt) contains no full-time post on lay visiting, though the staffing continuity plan does envisage the purchase of a small amount of consultancy time from a previous staff member. In my view, this situation should not be allowed to continue much longer as I believe that the MPA is vulnerable to charges that it is failing to address its responsibilities in this area with sufficient seriousness. The Home Office intention to publish revised and more prescriptive guidance on lay visiting provides a further stimulus to activity by the MPA. In the first instance, I propose the recruitment of a short-term consultant to review present arrangements against the revised Home Office guidance and develop plans for a new set of arrangements.

8. It will be for the CDO Committee to agree the principle of recruiting a consultant to develop proposals on lay visiting arrangements in London, and the detailed job description. The HR Committee’s interest is one of vetting the terms on which the consultant would be recruited, bearing in mind the MPA budget.

9. It had originally been hoped that the Home Office would be able to provide a suitable secondee at its own expense to undertake the work required on a short-term basis. Nothing has so far come of this. Negotiations are, however, under way with Ministry of Defence (MOD) about possible release of a secondee, at HEO level, who might be suitable for the role. The MOD will not be prepared to meet this individual’s salary cost, which would therefore fall to the MPA. Other possible sources for a recruit, via the ALG, local authorities etc, are under investigation. The opportunity will be opened up to competition as far as circumstances allow, but the need for an early appointment and its short term nature preclude too extensive a process, and national advertising.

10. At this stage, because the nature of the work that the Authority will be required to undertake on lay visiting has yet to be defined, it is proposed that agreement be sought for a secondee or an individual on a short-term contract for 4-5 months. After this time, the situation can be reviewed, and a decision made about a permanent appointment. Any such post should be opened up to competition fully.

11. A job description and person specification for the role required have been drafted and a copy of these is at Appendix 2.

B. Recommendations

That the Human Resources Committee approve the basis for recruitment of a short-term consultant to undertake the review of Lay Visiting, subject to the principle of taking on such a consultant being accepted by the CDO Committee at its next meeting.

C. Financial implications

There are salary costs associated with this recommendation. The salary proposed for the review officer will be in the range of £19,300 to £24,600 excluding London Weighting. Between £5,000-£6,000 could fall in this financial year, if the post were agreed. Such a cost could be met from the underspend on the MPA budget, though the underspend will also have to meet a number of other priorities.

D. Review arrangements

The need for permanent staff to undertake functions on behalf of the MPA with regard to lay visiting will be considered in the light of the outcome of the proposed review, with proposals brought to the Authority as necessary.

E. Background papers

The following is a statutory list of background papers (under the Local Government Act 1972 S.100 D) which disclose facts or matters on which the report is based and which have been relied on to a material extent in preparing this report. They are available on request either to the contact officer listed above or to the Clerk to the Police Authority at the address indicated on the agenda.

• CDO Committee report (CDO/00/21) of 26 September 2000
• Draft Revised Home Office Guidance on Lay/Custody Visiting 2000

F. Contact details

The author of this report is Julia Smith.

For information contact:

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

Appendix 1: Background information on lay visiting

Custody visiting (formerly lay visiting) to police stations was established over ten years ago as part of the arrangements for securing the accountability of the police to local communities. This had its origins in the 1981 Scarman Report following the inner city riots notable in Brixton.

Purpose of lay visiting

The overall objective of lay/custody visiting is defined as being “to enable members of the local community to observe, comment and report on the conditions under which persons are detained at police stations”. The aim of lay/custody visiting is therefore to promote public confidence in policing through greater transparency, by ensuring policing activity is more accessible and can be commented upon.

Current situation

The recently published Home Office Guidance on lay/custody visiting sets out a clearly the Home Secretary’s expectation for police authorities to be fully responsible for establishing, administering and supporting Custody Visiting schemes, in line with the guidance issues by the Home Office.

The guidance is based on detailed research into lay visiting undertaken by the Home Office (see note 1). Copies of the study’s findings are available to members. The Working Party has also proposed that Lay Visiting become a statutory responsibility of Police Authorities. A consultation has been finalised and the APA has submitted a formal response, on behalf of police authorities supporting this view. Information received from the Home Office indicates it is unlikely that this will become legislation, imminently

Custody/lay visiting in London

Custody/lay visiting in London has been in existence in some London Boroughs for over 15 years. There is no overall coordination of the schemes, and in effect, each appear to have different processes and ways of operation. In effect, therefore, there appears to be 37 differently operated, differently financed schemes in London.

Metropolitan Police Authority responsibility for custody/lay visiting

Although there is no statutory basis for lay/custody visiting, arrangements for Schemes are the responsibility for each police authority in consultation with the Chief Constable, and in the case of the MPA, the Commissioner. Lay/custody visiting is financed through the MPS.

The MPA holds this responsibility for lay/custody visiting in London. One of the first challenges for the Authority will be to explore ways in which the differently administered schemes can be coordinated centrally, ensuring that all Schemes work within the Home Office guidelines, and meet minimum standards in practices such as publicity, recruitment and selection and effective monitoring processes.

Current structure

The MPA needs to appoint an Adviser to review the current situation with lay/custody visiting in London as part of the process of implementing the forthcoming Home Office guidance on lay/custody visiting who will be responsible for implementing the Authority’s framework for lay/custody visiting in London, with according to the guidance recently produced by the Home Office.

Note 1: Lay visiting to police stations - Home Office Research Study 188. Molly Weatheritt and Carole Vieira

Appendix 2: Job description

Job title: Review Consultant - Lay (Custody) Visiting

Accountable to: The post holder will be accountable to the Senior Policy Adviser, responsible for this area of work.

Job Purpose: The purpose of the post is to design and implement a process for reviewing the lay visiting schemes in London and make recommendations to the MPA on effective and efficient implementation of the Home Office Guidance on Lay/Custody Visiting.

Job responsibilities: The post holder will be responsible for the following:

In consultation with MPA officers, MPA members and the Home Office, developing a proposal for a review of lay visiting arrangements in London

Implementing and actioning all aspects of the proposal in order to ensure that a full and comprehensive review of lay visiting arrangements in London is undertaken. The review will need to cover such areas as; Standing Orders and structures of Panels; recruitment and selection of Lay Visitors; training, support and monitoring of Lay Visitors; skills and competence against Home Office guidelines; reporting procedures; visiting arrangements, and Lay Visitors’ responsibilities.

To this end, the consultant will:

• Identify and consult with key stakeholders and partners in Lay visiting in London
• Consult with, and learn from good practice examples in administering Lay Visiting in, other Police Authorities in England
• Liaise with and ensure good working relationships with the National Association for Lay Visiting (NALV)
• Identify difficulties and potential problems and resources that may be required to implement the Home Office guidance on Custody Visiting
• Draft a report of findings and bring recommendations to the MPA on the approach(es) that the Authority will need to put into place in order efficiently and effectively to co-ordinate and administer Lay/Custody Visiting schemes across all London Boroughs

Person specification

Experience

• Minimum of two years’ experience of working in local government/public sector/police authority
• Experience of undertaking research and analysing data
• Experience of working with community and voluntary groups
• Recent experience of report writing
• Recent experience of project management
• Experience of working with other professionals in a confidential and sensitive environment

Competencies

• Educated to graduate level or equivalent
• Ability to assess complex subject matter and to present findings clearly in written form
• Ability to provide clear advice
• Ability to work in an environment which deal with issues of diversity in an open and inclusive matter
• Ability to work well under pressure and meet tight deadlines
• Ability to work effectively with groups
• Ability to maintain confidentiality

Knowledge

Good understanding of volunteering and the issues facing volunteer groups and organisations

Qualities (desirable)

• Knowledge of the requirements of Lay Visiting
• Experience of working with Lay Visiting Schemes

Conditions: The post will be filled either on secondment from another public service body or on a short-term contract (terms to be negotiated). The term of the review is likely to be between 4 and 6 months and the post holder will be required to commit for that period of time.

Candidates should ideally be able to start by end November 2000.

The post will be located at the MPA office at Romney House; however, the post holder will be required to work closely with the Home Office and with local lay visiting panels.

Pay rate: Depending on skills and experience, the rate of pay for the post holder will be in the range of £19,279 to £24,600, excluding London Weighting.

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