Custody capacity service improvement review – progress against the improvement plan

Report: 8
Date: 13 October 2005
By: Commissioner

Summary

This report provides an update on the work of the Custody Directorate arising from the recommendations of the Service Improvement Review concerning custody.

A. Recommendation

That members note the report.

B. Supporting information

R1. Establishment of single Association of Chief Police Officers (ACPO) lead

1. Commander Hitchcock remains appointed as ACPO lead.

R2. Formation of Custody Directorate

2. The Directorate is now established and has increased its staffing levels by the appointment of two analysts (band D) but remains short of staff by two Administrative Support Officers (band F).

R3. Establish Borough Custody Manager

3. All Borough posts are now well established with an appointed Custody Manager with a defined job description.

R4. Formation of Custody Policy and Standards Unit

4. Established and fully operational unit comprising one inspector, two sergeants and a policy developer.

5. Progress has been made in respect of each recommendation. The remit of the unit has now been defined as dealing solely with issues arising within custody suites.

6. The unit conducts a continuous environmental scan of all issues affecting custody. Research has also been conducted into mobile custody facilities as used by some other police services including Sussex Police and British Transport Police (see also para 22).

7. Much work has been undertaken on a fundamental change in the staffing of custody suites under the Beacon project (see paras 45-49 for full information).

8. Enhanced training for staff employed within custody suites has also been progressed. Discussions are ongoing with the Management Training School and Territorial Policing (TP) training around the content of the current Custody Officers course and whether a Performance Needs Analysis is necessary. Also being discussed is whether the course will be retained when the school becomes the Leadership Academy. Training for Designated Detention Officers (DDO) is being discussed at the DDO Programme Board.

9. The SOCAP Act (Serious Organised Crime and Police Act) has allowed new powers for DDOs allowing use of force, when necessary, to relocate detainees. Before DDOs can be designated with new statutory powers, the Commissioner has to be satisfied that his staff 'are suitable, capable and adequately trained'. Authorised training has to be agreed and provided. Following this, the designation card that specifies all lawful powers DDOs currently have, and are required to be in possession of, is amended to include the new powers. The Custody Directorate has formulated a draft ratification process, which is now being incorporated into the review and evaluation of the DDO programme to be completed by mid December 2005.

10. The training requirement once, this power has been conferred on DDOs, has to be addressed. Liaison with Public Order OCU has taken place with a view to ensuring a quick turnaround (i.e. training, card emendation etc). This will form the basis of ongoing consultation with Public Order Operational Command Unit (OCU) regarding timescales and training needs. Timely consultation will ensure there is no slippage.

11. The Drugs Act 2005 will also impact on the DDO role by increasing the number of drug testing upon arrest. The Home Office currently fund the project of drug testing and are keen to progress drug testing for trigger offences in accordance with Home Office requirements on arrest from March 2005. At present DDOs conduct 1700 tests per month. The Home Office want to increase this monthly return to 5000, a 289% increase; The Custody Directorate will monitor the impact of the Drugs Act closely.

12. The Home Office is proposing a fundamental review of PACE and the Codes of Practice later this year. Emerald Custody Directorate is keen to participate in this review and has proposed that the Metropolitan Police Service (MPS) adopts a co-ordinated approach to ensure that we positively contribute to this review.

R5. Formation of Custody Partnership Co-ordination Unit

13. There has been a change of guardianship with an Acting Inspector having responsibility for partnership issues. This unit is fully staffed with the addition of Policy Developer.

14. The London Custody Forum is now established and continues meeting quarterly to bring together key agencies and partners working within the Criminal Justice System in London with the MPS Custody Directorate. Aneeta Prem continues to represent the Metropolitan Police Authority (MPA) on this group.

15. Work continues to develop and progress the role of the Independent Custody Visitor following the success of the MPA/Independent Custody Visitors (ICVs) Conference held on 12 February 2005. Commander Hitchcock continues to be the lead MPS member. Regular meetings are being established between ICVs and the Custody Partnership Co-ordination Unit. Recent work undertaken includes a successful community reassurance enquiry for Muslim leaders regarding terrorist detainees held at Paddington Green after 7 July bombings.

16. The Custody Directorate are involved in the ICV Programme Board which had its inaugural meeting on 16 June and its second meeting on 2 September. ICV protocols are currently being devised and the Custody Directorate are providing information to support this process.

17. Continued work to improve Appropriate Adult Services within London and establish a more formal structure continues with the National Appropriate Adult Network (NAAN). Further scoping work is being undertaken by the unit, including collation of good practices. Information is also being obtained from NAAN regarding which Boroughs have NAAN membership. The Custody Directorate will be attending their network meeting on 17 October to progress this facet of the business.

18. The Custody Directorate has undertaken work with Diversity Directorate (DCC4) and established an Independent Guidance Group with members taken from various IAGs. The inaugural meeting will take place in October 2005. Terms of reference are currently being written and will cover the diverse requirements of individuals whilst in police detention.

R6. Formation of Strategic Custody Planning Unit

19. The unit has now recruited an analyst who will join the unit in October. The unit is short of one Admin support officer (to be shared with tactical planning Unit).

20. The annual review of planning assumptions and forecasts for 2005 will commence in October 2005 following the arrival of the recruited analyst. This will ensure that all aspects of strategic custody planning will be an accurate reflection of current cell capacity, usage and trends.

21. The Custody Estates Programme Board involving all stakeholders is now well established and its regular meetings ensures that the overall strategy for providing the right number of cells/infrastructure in the right locations of the MPS are planned and coordinated. In addition, fortnightly meetings with Property Services ensure open dialogue and a coordinated response to the cell shortages around the MPS.

22. The provision of mobile cells has been fully explored as a possible solution to addressing the issue of cell capacity. However, the risks to utilising such facilities outweigh the benefits and as such, the Custody Directorate will not be following this as a viable solution to increasing cell capacity.

23. The existing five cells Carey Way, Wembley (Brent Borough) will be brought up to current standards with holding cells being removed. Carey Way will then be available for overspill or specialist operation charging centre. Remaining with the current configuration of cells will ensure that Carey Way is ready for the opening of the Stadium in March 2006.

24. Work is still in progress between Custody Directorate and Property Services to address the much needed cell capacity for Haringey Borough. Wood Green Police Station remains a viable location for consideration into building a large (thirty cell) complex. This project is subject to a paper for Investment Board to be submitted for November 2005.

25. The Custody Directorate and Property Services are proposing a long-term strategy to provide borough based custody facilities based on each individuals requirement for now and the future. This has been formulated by examining the current custody estate in particular the smaller, aging custody suites. These are both costly to maintain, refit and staff. By dispensing with smaller inefficient units, larger facilities can be built and staffed efficiently and at a lesser cost (lower maintenance).

26. Revenue savings from smaller units can be utilised on the new, larger, borough based sites. Fifteen such sites have been identified. By combining the Beacon project (see paras 45-49) then greater efficiency can be achieved and staff used effectively. The Custody Directorate, Property Services and Finance and Resources are currently detailing a ten-year rollout programme that will link into the wider MPS building strategy to ensure that revenue is available for new builds. This is in its infancy stage at present with background work being undertaken by Strategic Custody Planning Unit.

27. It has been necessary to re-define target dates for implementation of this aspect of the action plan with priority given to Boroughs of greatest need. Funding streams have not been finalised although Property Services have indicated that they have the funding for much of the capital spends of the budget.

R7. Formation of Tactical Custody Planning Unit

28. The unit has now recruited an analyst who has taken up post. It is still short of one Admin support officer (to be shared with Strategic Custody Planning Unit (Rec 6).

29. Since the publication of the SIRCC report in May 2004, a number of custody suites continue to be opened or closed. The Tactical Custody Planning Unit continues to undertake site visits to ensure a clear and contemporary picture of our available estate.

30. The agreement with Public Order Branch (CO11) seeking charge centres to contact the Custody Directorate as opposed to Borough’s direct continues to work well ensuring appropriate facilities are offered for charging centres.

31. An up to date picture of current cell availability continues to be developed by well-established close working ties with Property Services and Finance and Resource unit. This ensures that usage is controlled and conflicting closures prevented. Regular meetings between these three areas enable issues to be resolved in a quick and timely fashion before they become major problems.

32. Custody Management Information is collated and measured by the Custody Directorate. Drunk and disorderly arrests as opposed to using powers under the Public Order Act, and their adverse impact on sanction detections are one of the main focus points. Disorderly behaviour whilst drunk can justify arrest under either of these two powers. However, sanction detections, which the MPS are seeking to increase and are judged by, can only be attributed to arrests under the Public Order Act. Custody managers are held to account for performance at regular meetings where performance is analysed and discussed. Good practice is shared.

MPS custody estate update

33. There are currently 53 fully operational designated (s.35 PACE) custody suites that are operational on a full time basis. A further 21 stations are operated on an overflow/specialist operation basis. This provides the MPS with a combined total of usable detention spaces of 797 cells and 153 detention rooms. At West Drayton (XE) this is an increase of seven cells and two detention rooms since March 2005.

34. The quality of station facilities and thus custody facilities, within the MPS ranges from Victorian buildings to more modern facilities such as Wembley and PFI sites such as Sutton and Lewisham. Available cell facilities can vary from two up to fifty-seven in a large suite.

35. There are 27 remaining custody suites, which are currently non-, operational because of the condition of the custody facilities or lack of police officers and staff to operate their custody facilities in accordance with Police and Criminal Evidence Act (PACE) and the Codes of Practice.

36. These sites have been visited and assessment made of their current use and condition but none of these sites are suitable or fit for purpose in their current state. Costs are prohibitive at this time to reinstate these smaller suites. A recent survey of Ruislip (3 cells and 2 Detention rooms) estimated costs in excess of £500k to make fit for purpose. In addition, the staffing implications for such small custody suites would pose considerable strain on the already stretched MPS workforce.

Premier Prison Service update

37. Premier Prison Service commenced operations in September 2004. Service delivery is monitored through Custody Managers – Borough reporting. In the initial stages, the service delivery by Premier was poor owing to, amongst other things, ageing fleet and ineffective Information Technology. Premier now have 103.5% staffing level and a vehicle fleet of 190 cellular vehicles. This has resulted in the number of late collections reducing significantly from 33.1% in May 2005 to 25.7% in July 2005 (most recent figures available to date) This level is, however, still too high.

38. The Custody Directorate continues to work closely with Premier and have contributed to their operational efficiency in a number of ways (paras 39-40) following regular monthly meetings and improved performance management information.

39. The initial redesigning of the notification form by the Custody Directorate is to be consolidated by a trial ‘notification by secure e-mail’ following additional consultation with colleagues from DoI (Directorate of Information) Four trial sites have been identified across the MPS comprising two inner Boroughs and two outer Boroughs and ensuring a good mix of high volume stations. The pilot sites will commence 3 October with a review scheduled for two months thereafter and intended MPS wide implementation February 2006.

40. Following a recommendation from the Prime Ministers Delivery Unit, a letter has been sent to the Mayors office. It was jointly signed by AC Godwin, Nicola Bastin, Regional Director, Her Majesty’s Court Services, London Regional Office and Dru Sharpling, Crown Prosecution Services Chief Prosecutor, London, requesting use of bus lanes for Premier vehicles without financial penalty to improve delivery times to courts throughout the MPS. Ultimately the outcome rests solely with the Mayor’s office but if successful will contribute significantly to improved delivery times.

Immigration detainees update

41. Commander Ian Carter is the new ACPO lead for Immigration matters for the MPS. The Custody Directorate has worked closely with MPS Financial Services to ensure that the current scale of charges levied on the Immigration Service (IS) for housing Immigration prisoners is an accurate reflection of costs incurred. Having attracted national media attention recently, the MPS/MPA approach (i.e. Solely cost recovery) did not come in for the criticism levelled at other forces. A national cost figure is now being developed.

42. Group 4 have now taken over the contract to remove IS detainees from police accommodation to IS holding centres. The Custody Directorate will soon be meeting with representatives from Group 4 to discuss protocols and working practices whereby IS Detainees can be removed from MPS sites as soon as IS 91 papers (deportation notification). This will have a positive impact on cell availability for use by MPS detainees.

43. The Custody Directorate researched the possibility of providing dedicated custody facilities (27 cells spread over 3 sites) for Immigration detainees. This was declined by IS due to the substantial financial implications if they were not utilised. IS operational teams are currently being encouraged as much as possible to detain under Immigration Act administrative legislation which then allows them to take detainees direct to IS accommodation thereby bypassing MPS cells.

44. Police arrests for pure immigration offences were up for the first three months of 2005. 3802 persons were arrested for immigration offences in first three months of 2005 as opposed to 3174 for first three months of 2004. However, figures obtained from IS indicate that detention times in MPS facilities are reducing with a greater number of detainees being removed within the 48 hour period and far less being detained beyond that period. Example: April 2005, 52% detainees removed within 24 hours and 85.5% detainees removed within 48 hours; May 2005, 45.25% detainees removed within 24 hours; 83.25% detainees removed within 48 hours.

Matters arising since implementation plan agreed

45. Operation Beacon (Previously discussed in PPRC 17/3/05 Service Improvement Review into Custody Capacity) proposes a fundamental change in the way that custody suites are staffed by providing professionalised, permanent police support staff undertaking custody duties to assist the Custody Officer and freeing up operational sergeants to return to front line policing. (At present much of the custody sergeants time is spent inputting information into IT systems and routine functions which a Custody Officer is not obliged to perform by law).

46. Employing the Beacon model would allow for a substantial reduction in the number of sergeants required to perform duty as Custody Officer by employing dedicated inputters. It would then allow Custody officers to focus on those responsibilities imposed by law and to actively and effectively supervise all aspects of the custody environment. At present, much of a Custody Sergeants work is administrative. It also proposes to employ custody nurses to replace many of the FME functions e.g. fitness to interview, fitness to detain in order to assess which health care provision best suits the requirements and funding of the MPS in future years.

47. It aims to introduce new and radically improved custody systems for incorporation across the MPS. Two trial sites have been agreed as Hackney and Westminster. Westminster has been selected as Custody Nurses are already used at Charing Cross Police Station. Hackney has been selected due to identified high risks and recommendations that have been made due to previous incidents and a death in custody that has occurred on the borough.

48. Additionally, Westminster is currently conducting a performance needs analysis on the role of a 'Custody Processing Clerk' (CPC). This project was initiated before the Custody Directorate was formed in November last year, and it was planned that DDO managers acting as CPCs would fulfil a similar function to that proposed in the Beacon Project.

49. However, with the advent of drug testing on arrest, DDOs will be performing this increased function and the option of employing police constables in this role (at no extra costs) whilst freeing up sergeants for front line duty is being considered. Police constables would perform the administrative booking in procedures under the supervision of one custody sergeant. Several police constables could effectively book in numerous prisoners under the supervision of a custody sergeant whose sole responsibility is ensuring compliance with PACE and legislation as opposed to the current system of the sergeant completing the administration as well. If this system was rolled out across the MPS then this would have the potential to free up 100 sergeants per day to other front line duties. Appropriate training would be given for officers undertaking this new role. Officers seeking promotion to sergeant would be deemed the most suited to undertaking this role.

Implementation of SIR Review – progress report

50. Appendix 1 tables the progress report to date for the implementation of the SIRCC recommendations. Whilst the Custody Directorate has been focussed on the plan, slippage has occurred due to staff shortages. Work has been prioritised to ensure that time critical issues e.g. development of standard operating procedures have been completed. Other outstanding work is now being undertaken following recruitment of additional staff.

51. The Custody Directorate are in the process of agreeing a strategic building plan. This, however, is limited and restricted by revenue costs (see Financial implications paras).

List of abbreviations

MPA

Metropolitan Police Authority

MPS

Metropolitan Police Service

DoI

Directorate of Information

HR

Human Resources

ICVA

Independent Custody Visitors Association

IS

Immigration Service

NOMS

National Offenders management Scheme

IAG

Independent Advisory group

PS

Property Services

PPS

Premier Prison Services

PFI

Private Finance Initiative

PECS

Prison Escort Custody Service

SIRCC

Service improvement Review into Custody Capacity

TP

Territorial Policing

OCU

Operational Command Unit

C. Race and equality impact

1. The introduction of the Custody Directorate enables the MPS to develop and introduce corporate operating procedures that will ensure fairness and equality across a range of custody services. Through the introduction of an Independent Advisory Group and a London Custody Forum, the Directorate will enable external partners and the public to influence custody policy and practice in the future.

2. The Directorate recently published a revised policy around custody risk assessment that provides a clear structure for identifying individual detainee needs. This policy compliments the new Case Disposal Policy that removes the potential for individual bias within the charging or case disposal process.

3. The Directorate has established an internal programme/project management system that ensures that the diversity implications around each and every new piece of work are considered at an early stage and that these are both documented and acted upon.

4. All work undertaken is given consideration as to the impact of the Disability Discrimination Act and members from the Custody Directorate attend the Disability Programme Board to ensure compliance with the Act. This is also supported by colleagues within Property Services.

D. Financial implications

1. Operation Beacon will require initial investment in staffing costs to cover new nursing posts and inputter posts. It is anticipated that in the long run these posts will be provided from within current resources, as savings will be delivered from within other healthcare provision. Sensitivity analysis is currently being tested within the two pilots to identify how quickly this can be achieved following the initial investment.

2. The full financial analysis for the Borough Based Custody facilities will be developed for the November 2005 Investment Board. The project team reviewing the proposals includes representatives from Property Services and Territorial Policing therefore will be a joint approach to ensure the proposals meet the strategic objective of both Business Groups.

3. The review will seek to develop revenue neutral capital proposals through identifying older inefficient buildings that could be closed in order to fund new efficient and appropriate sites. These new sites would be introduced in conjunction with the Beacon Project to ensure that the full financial gains are achieved. At present, there are no financial figures available for this project as the work is ongoing.

E. Background papers

None

F. Contact details

Report author: Inspector Sharon Heyes – Custody Directorate

For more information contact:

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

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