Custody Capacity Service Improvement Review – progress against the improvement plan

Report: 10
Date: 24 April 2006
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

Establishment of a single Association of Chief Police Officers (ACPO) lead

1. Commander Steve Allen remains ACPO lead, however a new lead will be appointed.

2. The Custody Directorate has increased staffing levels by the appointment of a Policy Developer (band D) and at present has four Sergeants on a 6-month attachment ending July 2006. The unit still remains short of staff by one administrative support officer (band F). Budgetary cuts in the latter part of 2005 resulted in the loss of a band F and a band D through natural wastage.

Establish Borough Custody Manager

3. All Boroughs have an appointed Custody Manager with a defined job description.

Formation of Custody Policy and Standards Unit

4. The unit is currently staffed by one inspector and two sergeants. A policy developer post (band D) was lost as a consequence of last year’s budgetary cuts.

5. The remit of the unit has now been defined as relating solely to issues arising within custody suites. The majority of the unit’s time is spent dealing with policy matters and subsequent monitoring. The significant workload of the unit has hampered its ability to perform all functions, as recommended in the Service Improvement Review of Custody Capacity (SIRCC), such as the continuous environmental scanning of all issues.

6. Enhanced training for staff employed within custody suites has also been progressed. Discussions are ongoing with the Leadership Academy and Territorial Policing (TP) training in relation to ownership of the Custody Officers Course. A Performance Needs Analysis (PNA) is currently underway regarding the course, with a view to evaluation, enhancement and remodelling of the present training. Custody Officer Refresher training, comprising a two-day blended course will also commence in the near future.

7. Training for Designated Detention Officers (DDO) is being progressed through the DDO Programme Board. This includes powers in the Serious Organised Crime and Police Act 2005. A PNA, examining the needs of the refresher training for DDOs, is shortly due to be commissioned. Additionally a distance learning package for those officers that perform the role of Gaoler is currently being developed. This is due to be rolled out in July/August 2006.

9. The Policy and Standards Unit has significantly contributed to the recent debate on the revised Codes of Practice that came into force on 1 January 2006. The unit will be seeking to play an active role in the forthcoming fundamental review of the act and the codes, co-ordinated by the Policing and Powers Unit at the Home Office. We have proposed that the MPS adopts a co-ordinated approach to ensure that we positively contribute to the review. Comment has also been made on other legislation affecting custody matters, including the Racial & Religious Hatred Act, 2006, and the Police & Justice Bill, currently being debated in Parliament.

10. The unit is currently tasked with the implementation of the national ‘Guidance on the Safer Detention and Handling of Persons in Police Custody’, described as the biggest change to the care of detainees since the introduction of PACE in 1984. The Guidance represents an evidence-based approach and provides latest good practice. It focuses on helping staff to identify warning signs and to carry out effective risk assessment. It targets practical issues and provides a definitive guide on how police forces should put in place strategic and operational policies to raise standards of custodial care.

11. The Policy & Standards Unit is presently engaged in initiating the Capability Assessment, required by NCPE. This is a significant piece of work, involving over twenty strands of the MPS business and requiring a vast use of resources, in and outside the Custody Directorate. In view of the magnitude of the task, an Implementation Team will need to be created, to ensure that the Capability Assessment is taken forward and the guidance implemented effectively.

12. Other responsibilities include the regular review and maintenance of the Custody Standard Operating Procedure (SOP), ownership of the DDO Programme Board and work undertaken with other departments such as the Directorate of Forensic Services and the Directorate of Professional Standards (Prevention & Reduction) team to reduce risk of harm or death in custody.

Formation of Custody Partnership and Co-ordination Unit

13. This unit is established and comprises one inspector and two policy developers (band Ds).

14. The London Custody Forum is established and continues meeting quarterly to bring together other police services, 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. The Custody Directorate continues to work closely with the National Appropriate Adult Network (NAAN) to improve the provision of Appropriate Adult Services and has attended their annual conference this month. The Home Office is conducting a review of Appropriate Adult Services, the Custody Partnership Co-ordination Unit has co-ordinated the responses from MPS Boroughs to assist and inform this review.

16. The Custody Directorate has established an Independent Custody Guidance Group (IAG). The membership of this group is made up from representatives from the five central MPS IAG Forums, which are Race and Diversity Independent Advisory Group (MPS IAG), MPS Lesbian Gay Bisexual Transgender (LGBT), Disability Independent Advisory Group (DIAG), Metropolitan Youth Advisory Group (MYAG) and the Gipsy Traveller Independent Advisory Group (GT IAG). The Group has been consulted regarding current operational initiatives, to listen and meet the diverse requirements of detainees.

17. The Custody Directorate and Police Borough Representatives attended the London Independent Custody Visitors (ICVs) Conference on 4 March 2006. Regular meetings have been established between ICVs and the Custody Directorate. MPA ICV programme board members will be accompanying the Custody Directorate to the MPS Department of Professional Standard’s conference on deaths following police contact.

18. The Custody Directorate continue to be involved providing guidance and advice/expertise, in relation to custody issues, to the ICV Programme Board. The Custody Directorate has assisted with ICV protocols for ‘special circumstances’ and will be attending an MPA training day, for all ICV borough panels, to provide information and to explain the rationale for the protocols.

19. The Custody Directorate has been involved with the progression of the Greater London Action on Disability (GLAD) report in relation to the custody recommendations. The Custody Directorate has arranged a meeting with the Mayor’s Senior Advisor on disability issues to gain advice and community contacts. The Disability IAG will be integral to the consultation regarding the implementation of the custody recommendations.

Formation of Strategic Custody Planning Unit

20. This unit is fully operational, staffed by one inspector. The unit at present also has three sergeants on a six-month attachment, which ends in July 2006.

21. Work is now under way at Carey Way, Wembley (Brent Borough) to bring the five cells up to current standards. Carey Way will then be ready for the proposed opening of the Stadium. It will also be available for overspill or specialist operations use and dedicated charging facilities as required.

22. The shortage of cells and the current physical condition of existing custody accommodation across the MPS was identified in the Service Improvement Review of Custody Capacity 2003. The report concluded that the MPS should plan, based on a potential annual demand, for custody of 360,000 detainees. The total number of prisoners for 2005 was 295952 (PIB data), which is a rise of 13000 on 2004.

23. The SIRCC however, did not take into consideration the effect that Statutory Charging would have whereby at least a third of all detainees are rebailed on at least one occasion. Equally, it did not factor in the increased processing times and associated investigative procedures attributed to COZART drug testing for trigger offences upon arrest, nor of the increasing success of Safer Neighbourhoods which has seen greater numbers of officers in front line policing roles and therefore an increased arrest rate. These have all further increased demand on an already struggling custody estate.

24. Lack of cells, interview and consulting facilities results in delays in processing detainees and therefore increased detention times. This impacts on cell availability and throughput. As such, the current MPS custody estate severely limits the quality of custody service provided by the MPS to both officers and detainees. This is impacting on our ability to maximise opportunities to achieve Sanction Detections, Offences Brought to Justice (OBTJs) and our ability to increase public confidence in the judicial system and attain PSA targets.

25. The Custody Directorate has conducted studies to identify the main areas within the MPS where the lack of cell capacity is critical. This was not merely based upon the factors considered in the SIRCC recommendations, but also considered borough boundaries, infrastructure and travel networks, environmental scanning and also took note of the now successful 2012 Olympic bid and other major projects that would radically change the demographics of London and the demands upon the MPS.

26. The Custody Directorate and Property Services have proposed a long-term strategy to provide Borough Based Custody Centres (BBCCs). The roll out of the Custody Centres will take between two and ten years. The strategic plan is to provide Borough Based Custody Centres (BBCC) of appropriate size, in accordance with the SIRCC. Opportunity costs for reduced staffing at such sites would be realised by taking full advantage of economies of scale.

27. Applications for planning consents will commence submission to the relevant Local Authorities June 2006. Investment Board approve the submission of a capital expenditure paper to the MPA for the first five sites so that appropriate Official Journal of the European Union Notices and tendering arrangements can be actioned. The feasibility study anticipates an out turn cost inclusive of fees and prudent contingencies to be as follows: Wood Green (Haringey Borough) £13.5m, Wimbledon (Merton) £6.64m, Leyton (Waltham Forest) £7.18m, Hayes (Hillingdon) £7.26m and Teddington (Richmond) £6.77m.

28. The BBCC strategy supports the MPS corporate strategy – helping deliver the Met Modernisation programme Strand for Investigating Crime and Dealing with Offenders. Emerald Custody is working with TP Business Development Unit to outline the Custody Builds strand to link into this programme.

Formation of Tactical Custody Planning Unit

29. The unit is fully operational comprising of one Inspector and an analyst (band D). The analyst in this unit is responsible for statistical analysis around policy monitoring, bail to return monitoring, analysis and collation of data for inspections, and is also at present involved in the monitoring Custody Standard Operating Procedure (SOP) with regard to the Race Relations Act.

30. The tactical planning unit continues to undertake site visits and monitor the opening/closure of custody facilities to ensure a clear picture of our available estate.

31. The agreement with Public Order Branch (CO11) to contact the Custody Directorate when seeking charge centres as opposed to contacting boroughs continues to work well ensuring that appropriate facilities are offered for charge centres.

32. Liaison with the Property Services Department (PSD) and the Finance and Resources Unit ensures that cell usage is controlled and conflicting closures prevented. Regular meetings between these areas enable issues to be resolved in a quick and timely fashion before they become major problems.

33. The safer cells programme is due to complete in August 2006. It has identified ligature points, replaced cell doors wickets, viewers, cell bell pushers, replaced benches, vents and also been involved in the upgrade of CCTV systems.

34. Custody Management Information is collated and measured by the Custody Directorate. Custody managers are held to account for performance at regular cluster group meetings where performance is analysed and discussed, and good practice is shared.

MPS custody estate update

35. There are currently 52 designated (s.35 PACE) custody suites that are operational on a full time basis. A further 24 stations are operated on an overflow / specialist operation basis. This provides the MPS with a combined total of usable detention spaces of 826 cells and 149 detention rooms (total detention capacity 975). The overall capacity has increased by 25 as a result of the opening of the new Custody Suite at Acton police station (Ealing Borough) in January 2006. The Commissioner visited this on 5 April 2006.

36. 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, Bromley and Lewisham together with the newly opened Acton facilities. Available cell facilities can vary from four (Brentford Custody) up to 45 (Charing Cross Custody).

37. There are 27 other buildings across the MPS that are used to house cells and custody suites. 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. In addition, the staffing implications for such small custody suites would pose a strain on the MPS workforce.

38. The roll out of Custody Centres will provide the solution to the significant shortage of cell space, across the MPS, in the longer-term. However, the lack of capacity must be effectively addressed in the short and medium-term, otherwise the MPS will struggle to achieve demanding Offences Brought to Justice (OBTJ) targets.

39. Short and Medium term solutions include: ensuring that strategic overflow custody suites are brought back into effective operational use by a joint staffing approach by boroughs or by a pan-London approach. Emerald custody has commenced comprehensive and intrusive inspections of custody facilities in the MPS with the objective of improving systems and processes in relation to all aspects of custody. Each Borough will be given an individual action plan and performance monitored. It is anticipated that improved efficiency, within Custody suites, will lead to detainees being dealt with more speedily. The Custody Directorate is also exploring the viability of utilising High Street retail accommodation for additional custody facilities.

40. The current practice of taking detainees to a police station in order for them to be bailed to attend a magistrates’ court, when a surety is not required is an inefficient use of police resources. In 2005, 7,676 bail warrants were issued by the Greater London Magistrates Courts of which 3,943 were executed. Section 47(8)(b) of PACE 1984 amends section 117(3) of the magistrates court act 1980 to allow people arrested on bail warrants, where a surety is not required to be given ‘door step’ bail. This effectively means that the person can be dealt with on the street/at their home address and be bailed to the court in accordance with the directions on the outstanding warrant as opposed to being arrested and brought to the police station to be bailed from there.

41. This will remove pinch points caused in processing detainees who are bailed and allow custody sergeants to focus their attentions on dealing with priority offenders for whom the PACE clock is ticking and therefore increase our capability to increase OBTJs and sanction detections.

42. This system has been in use by the constabularies for a number of years with no adverse effects. Emerald Custody has researched the opportunities and a positive impact on custody processes could be significantly achieved by introducing ‘door step bail’ Emerald custody are undertaking further work/consultation with Criminal Justice Partners on this subject as a change to current practice will have an immediate effect on custody capacity and processing times.

Premier prisons update

43. When the Prison Service is unable to house prisoners, remanded from London courts, within prisons in the London area the MPS are asked to detain those prisoners overnight in MPS custody suites. This situation is commonly known as a ‘lockout’. The Custody Directorate continually puts pressure on National Offender Management Service (NOMS) to minimise ‘lockout’ situations.

44. The Custody Directorate has gained an undertaking form the Prison Escort and Custody Services (PECS) that, each time a prisoner is locked out to an MPS custody suite, they will provide an explanation as to why this course of action was necessary and who provided the authority. The Custody Directorate considers that this stance has contributed to the significant reduction in ‘lockouts’. The close monitoring of ‘lockouts’ has enabled the MPS to obtain cost recovery of £15,070 (April 2005 to February 2006). Two Operation ‘Safeguard’ reports have been submitted to MPA Coordination and Policing Committee meetings - the most recent being the 3 March 2006.

Immigration detainees update

45. The Custody Directorate continues to work closely with MPS Financial Services to ensure that the current scale of charges levied on the Immigration Service for housing Immigration prisoners is an accurate reflection of costs incurred. The Memorandum of Understanding (MOU) is currently being negotiated with Emerald custody, Immigration Service and MPS Financial Services examining all aspects of the current charging structure. Arrests for immigration offences (illegal entry and overstaying) decreased for the first two months of 2006 compared with 2005. 1242 persons were detained for Immigration Act offences, in January and February 2005, compared with 1165 for the same period in 2006 (decrease of 77 in total).

46. It is impractical to collate detention times and therefore cross reference figures for arrests for offences that are only later identified as being immigration offences. The current ANITE custody computer does not have the capacity for imputing further offences that may subsequently come to light whilst a person is detained for a non immigration matter and therefore obtain an audit trail. The only physical way would be to manually trawl through every individual custody record, which would be inconceivable. The advent of NSPIS will address this issue and enable the MPS to collate management information pertaining to this category of offenders.

47. The recent introduction of 24-hour availability by telephone (out of hours) of Immigration Officers to advise on the status of detainees will undoubtedly reduce the amount of time detainees await immigration officers’ intervention. Previously detainees would, on occasion be held overnight pending an immigration officer being available to conduct the necessary checks to determine immigration status.

Matters arising since implementation plan agreed

48. Operation Beacon proposes a fundamental change in the way that custody suites are staffed, by providing professional, permanent police support staff undertaking custody duties to assist the Custody Officer and freeing up operational sergeants to return to front line policing.

49. The Beacon Model will reduce the number of sergeants required to perform the role of Custody Officer, and will allow Custody Officers to concentrate on those responsibilities imposed by law and to actively and effectively supervise all aspects of the custody environment. The model also proposes the employment custody nurses to replace a number of the forensic medical examiner (FME) functions, as well as enhanced forensic provision.

50. The Metropolitan Police Service (MPS) Investment and Management Boards have been supportive of the Beacon Project; however there is currently no funding available for their implementation. Due to the financial constraints, the nursing element of Beacon is to be piloted at Charing Cross, where nurses are already employed. The option of piloting the Custody Administrator element of the project at Newham and Waltham Forest Boroughs is currently being explored.

51. Drug testing on arrest is to come into force on 1 April 2006. DDOs will be performing this function. Drug testing upon arrest for trigger offences, as opposed to upon charge only, will see a projected increase of 289% in drug tests carried out within the MPS. This will further extend the booking in procedure of detainees and, where positive results are obtained, potentially extend detention times and increase the strain on Custody capacity.

52. The Custody Directorate are undertaking a review of recommendations from the SIRCC and will be submitting its findings in the next PPRC paper detailing which actions have been completed in their entirety and requesting MPA members for sign off. This process has been delayed due to the high volume of work the Directorate has been involved with around Service Review and major legislative changes.

Abbreviations

SIRCC

Service Improvement Review into Custody Capacity

MPS

Metropolitan Police Service

PNA

Performance Needs Analysis

DDO

Designated Detention Officer

NAAN

National Appropriate Adult Network

ICV

Independent Custody Visitor

NOMS

National Offenders Management Scheme

IAG

Independent Advisory Group

PECS

Prison Escort Custody Service (name soon to be changed to Serco)

GLAD

Greater London Action on Disability

IAG

Independent Advisory Group

BBCC

Borough Based Custody Centres

PSD

Property Services Department

CO11

Public Order Department

DIAG

Disability Independent Advisory Group

LGBT

Lesbian, Gay, Bisexual, Transgender

MYAG

Metropolitan Youth Advisory Group

GTIAG

Gypsy Traveller Independent Advisory Group

MOU

Memorandum of Understanding

TP

Territorial Policing

C. Race and equality impact

1. The introduction of the Custody Directorate enables the MPS to coordinate, develop and introduce a fair and equal process across all custody procedures and services. The establishment of the Independent Advisory Group and the London Custody Forum enables external partners to influence custody policies and practices.

2. The policy in relation to the risk assessment of detainees allows and provides a clear operating structure around identifying the needs of each individual detainee. This policy complements the Case Disposal Policy in removing the potential for individual bias within the charging or case disposal process. At present the Custody Directorate is actively involved in monitoring the Custody SOP, this with regard to the Race Relations Amendment Act (2000).

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

4. All work that is undertaken is considered in relation to the Disability Discrimination Act and its impact. Members from the Custody Directorate attend the Disability Programme Board to ensure compliance with the Act.

D. Financial implications

The Estate Strategy update that was presented to Investment Board in January indicated an overall capital cost for the delivery of borough Based Custody Centres (BBCCs) across the MPS of £150m. However it should be recognised that there are many variables – land values, available sites, construction costs, changes in legislation etc – that can impact on this figure. The delivery of the Centres would be a long-term programme running for up to 10 years. The MPS currently commits £53,802,000 to staffing cots associated with existing custody suites and overflow units. The provision of BBCCs will provide significant economies of scale and could, potentially, provide non-cashable savings of £1,998,866, releasing officers to undertake other duties.

E. Background papers

None

F. Contact details

Report author: Shaalini Bhogal, Band D , MPS

For more information contact:

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

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