Custody capacity Service Improvement Review – progress against the improvement plan

Report: 5
Date: 9 November 2006
By: AC Territorial Policing on behalf of the Commissioner

Summary

This report provides an update of the work within the Emerald Custody Directorate arising from the recommendations of the Service Improvement Review concerning Custody Capacity.

A. Recommendation

That Members note the report.

B. Supporting information

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

1. Commander Mark Simmons has taken over as MPS ACPO lead.

Formation of Custody Directorate

2. The Custody Directorate has decreased its establishment by one band D member of staff. This post has been transferred to the central Emerald Policy Unit and with it has gone the policy development role in order to “join up” the Emerald policy issues.

3. Additionally, five posts have been created with the specific remit of coordinating the implementation of the national Guidance on Safer Detention and Handling of Persons in Police Custody.

Establish Borough Custody Manager

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

Formation of Custody Policy and Standards Unit

5. One inspector and two sergeants currently staff the unit. The majority of the unit’s time is spent dealing with safer detention and reducing risks within custody and policy matters, including 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.

Risk assessment and prevention

6. The Custody Directorate has developed a system to encourage the reporting of successful interventions (or near misses) within custody suites. We are also responsible for addressing Coroner’s recommendations made under the Coroner’s Rules 1984. As a result, changes have been made to the Custody Standard Operating Procedures and information disseminated to custody practitioners to achieve organisational learning and making the custody environment safer for detainees.

7. A review of the initial risk assessment process for detainees is ongoing. A revised form to assist this process has been recently trailed at two sites. At first sight the trial appears to have been successful, however, further evaluation is necessary before this can be confirmed.

8. Enhanced training for staff employed within custody suites has been progressed.

Custody Officer training

9. A Performance Needs Analysis (PNA) has been completed in respect of the MPS Custody Officers’ course.

10. The Custody Directorate is also contributing to the design of a national custody officers’ course led by Centrex and the Home Office Police Powers & Leadership Unit. From our participation in this consultation process, it is apparent that the learning objectives in the MPS course are of a higher standard than those envisaged by Centrex in respect of the national course.

11. The MPS Custody Officer’s course is being redesigned, taking account of the recommendations included in the PNA, the national course content and the ACPO guidance on safer detention.

12. Custody Officer Refresher training, comprising a two-day blended course has been trialed and changes will be made prior to its commencement.

Designated Detention Officer (DDO)

13. A PNA on the need for refresher training for Designated Detention Officers has recently been completed. The recommendations include changes to the initial DDO course. These will be discussed at future DDO Programme Boards.

Gaoler training

14. A distance-learning package for police officers performing the role of gaoler is near completion. The strategic direction for implementing this training will be discussed at the Training Management Board in the near future.

Police staff gaolers

15. There are only a small number of police staff gaolers employed within the MPS and, with the introduction of DDOs, there are no plans to recruit further. The future of the post is being discussed at the DDO Programme Board. Discussions are taking place with Equion, which provides Custody Assistants at three Private Finance Initiative (PFI) sites in South East London, to provide refresher training for MPS police staff gaolers as the roles are broadly similar.

PACE Codes development review

16. The Policy and Standards Unit has contributed to the review currently underway by the Home Office Police Powers & Leadership Unit on the PACE Codes of Practice, in particular the effectiveness and accessibility of the design and format.

National guidance on the Safer Detention and Handling of Persons in Police Detention

17. The unit has recently finalised its work on the Capability Assessment, required by NCPE, in relation to the guidance on the ‘Safer Detention & Handling of Persons in Police Custody’. The next process involves the completion of an action plan. Together with the Capability Assessment, this will assist the MPS in deciding how we should respond to those areas identified as less than commensurate with that recommended by the guidance. It will be used to inform the decision-making process and identify the resources required for the MPS to implement those changes required.

Custody Standard Operating Procedures

18. The Custody Standard Operating Procedures (SOP) have been extensively reviewed, revised and updated. Internal and external consultation has taken place. Version 3 now awaits approval by the next Criminal Justice Strategic Committee before it is published.

19. Monitoring of the Custody Policy in compliance with our Statement of Internal Control and the Race Relations (Amendment) Act 2000 continues – the third quarterly report has been submitted to Policy Clearing House. For the third time the report states that there is no apparent disproportionality in the way the treatment of different individuals is affected by the policy and SOP.

LiveScan

20. Under the National LiveScan Business Case supported by the Home Office, ACPO, PITO and the National Fingerprint Board, LiveScan has now been successfully rolled out to a further 21 custody suites, with three sites (Charing Cross, West End Central and Lewisham) each receiving a secondary unit to facilitate the handling of their detainee throughput. This gives the MPS 77 LiveScan units within the custody estate.

Formation of Custody Partnership and Coordination Unit

21. This unit is established and comprises one Inspector and one support officer (Band D)

Independent Custody Visitors (ICV)

22. The Custody Directorate supported the MPA training day to introduce ICV Protocols for Special Circumstances. Members of all Borough panels were invited and we were able to clarify issues from a police perspective.

23. As a result of ICVs raising concerns regarding cleaning standards to the MPA, the Custody Directorate has been working closely with Property Services to raise the standards of cleaning provision. Property Services have ensured that custody facilities are top priority for cleaning contractors and have introduced various measures to address problems. Property Services are currently creating the new generation cleaning contracts, which will ensure long term solutions to address cleaning problems. Property Services and the Custody Directorate will be attending an MPA meeting in December to provide a detailed update to the MPA and ICVs.

Serco

24. Premier Prison Service re-branded to Serco in April 2006. This resulted in a change of management. The Custody Directorate continues to maintain strong working relations with Serco. A system has also been established to ensure Custody Managers liaise with their local Serco Operations Manager for effective partnership working and to resolve local issues.

25. The Custody Directorate has been involved in the PECS Improvement Implementation Project and the Home Office led Improving Prisoner Availability Project. The objectives of the projects included ensuring effective partnership working between all agencies involved with prisoner movements and identifying more efficient ways of conducting business, such as video links to courts.

GLAD

26. The Custody Directorate has continued to work with the MPA to implement the recommendations from the Greater London Action on Disability (GLAD) report 'Disabled people and the police - a new relationship.’ The Custody Directorate has met with David Morris, Senior Policy Advisor to the Mayor of London (Disability) in order to formulate advice for custody staff. We have then consulted with disability organisations recommended by David Morris and the MPA. This consultation is now complete and the information will be added to the amended Custody Standard Operating Procedures.

27. 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.

28. 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.

Formation of Strategic Custody Planning Unit

29. An internal restructuring has amalgamated this unit into the newly formed projects team.

30. This unit is fully operational, staffed by one inspector with support of one band D and overseen by recently appointed Chief Inspector. The unit now oversees the major projects that impact on cell provision and efficiency. These projects, which will be discussed in turn, are Short Term Holding Facilities, Borough Based Custody Centres and Project Beacon. The projects are anticipated to deliver medium to long-term additional cell capacity along with improved working practices and efficiencies, which will impact on available capacity by increasing throughput.

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

32. 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.

33. 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 2 and 10 years. The strategic plan is to provide Borough Based Custody Centres (BBCC) of appropriate size, in accordance with the SIRCC.

34. The first five sites Wood Green (Haringey Borough) Wimbledon (Merton), Leyton (Waltham Forest), Hayes (Hillingdon) and Teddington (Richmond & Kingston brigaded) are currently undertaking the community consultation phase in anticipation of planning applications being submitted early in the New Year. The plans are also being subject to consultation with user groups to ensure they can be finalised pre- Christmas 2006.

Short term holding facilities

35. Emerald Custody continues to identify medium term solutions to cell capacity whilst awaiting the longer-term new build programme. The use of Short Term Holding facilities within a retail establishment in central London continues to be explored. A large department store has redundant space inside which has been offered (subject to contracts etc) for alteration into a self contained mini custody suite. This will contain all the requirements under S35 PACE for designation as a police station. It is anticipated that over 1500 additional arrests can be made by providing these alternative custody facilities for the fast tracking of detainees for high volume low-level crimes within the retail environment.

36. It is proposed to detain arrested persons within this fast track centre for a maximum four-hour period. To such end, a full size cell will not be installed but a new design smaller secure area for an individual called a Short Term Holding Facility. Strict protocols and policies will be in place to ensure that only detainees with no known risk and whose offence has been witnessed and therefore likely to meet the four-hour processing maxim is taken there. Arrested persons not meeting the criteria will be taken to a conventional custody suite nearby.

37. A prototype Short Term Holding Facility has been erected at Hendon training establishment (mock police station) to provide visual consultation with all key stakeholders. To date, consultation has taken place with Home Office, Legal Services, Independent Police Complaints Commission, Custody Guidance Groups, practioners as well as a ‘career criminal’ Further consultations are still outstanding. The result of these visits will provide the basis for the final design specification to be agreed.

38. Negotiations continue with the retail establishment regarding proposed rental charges for this space. Once charges have been agreed, a business case will be submitted to secure funding for this project, which has already attracted interest from several other forces including Greater Manchester and Kent.

39. A project Board has been established to progress this concept and implement a pilot, subject to approval.

Borough based custody centres

40. The draft Project Initiation Document has been written and is currently being updated with key stakeholder project plans. The document will be an organic document and will hold all project details, plans and registers in one location for each site.

41. The Borough Statement of Community Involvement is crucial for the planning process and also for Property Services discussions with local planning authorities, which are already underway. Failure to complete the community consultation could delay the planning process. The communications toolkit for guidance has been circulated to the first six Boroughs and these will be tailored for local needs.

42. 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.

43. The Custody Directorate has also undertaken work to prioritise the remaining Boroughs to reflect operational priority whilst taking account of availability of suitable sites and subject to relevant funding. Boroughs were asked to comment upon their current custody capacity and future requirements. The custody capacity for each Borough was then examined including the availability of overflow sites. Figures for prisoner throughput between January 2004 and August 2006 were also gathered.

44. The number of detainees dealt with within that period was divided by the number of cells. Less than 800 prisoners per cell were considered to be lowest priority. 800-1000 was considered medium and over 1000 were considered high priority. The five new BBCC already identified relate to high priority boroughs. The highest operational priorities for the next stage of the roll out have been identified as Barking & Dagenham, (a site has already been identified within Thames gateway redevelopment area) Lambeth, Croydon, Harrow, Hackney, Greenwich, Newham, Tower Hamlets and Hounslow.

45. BBCC is anticipated to be a self funded project within the overall MPS estate management strategy. The sale of existing unsuitable sites is intended to fund the new building work, not only in relation to custody provision but also front office re-development, patrol site building and safer neighbourhood offices. These are being combined where possible and the whole process is being overseen and coordinated through TP Change Coordination Board.

Beacon

46. Investment Board has approved the business case for the Beacon Project and funding has been allocated for a Beacon implementation team and for two pilots for Custody Processing Clerks [CPC]. The Beacon Board is now responsible for putting a delivery mechanism in place for the four elements of the project: CPCs, forensics and custody nurses. The fourth element, Case Progression Strategy is currently being taken forward by the Investigation and Detection strand within Emerald who are conducting an evaluation of the benefits of identifying the investigative opportunities at the earliest possible stage of the custody process. This is being undertaken through analysis of existing data from a north London police station who have implemented a model that is held up as best practice.

CPCs

47. Newham has been identified as the first pilot site for CPCs. It is considered important that this trial is not limited by IT issues and changes. Therefore, Newham was identified as NSPIS is already in place. It has been agreed that the next pilot will be located at another suitable NSPIS enabled site. Newly recruited and appropriately trained staff will undertake the Custody Processing clerk role.

Forensic pilot

48. The Forensics Directorate are currently discussing the criteria for the proposed pilot sites and a Project Plan is currently being devised for the next project board meeting for discussion. This plan is intended to facilitate early forensic recovery from detainees and advise on steps to ensure forensic opportunities are not missed. In this way, it is anticipated that time spent in custody will be reduced and better evidence will be gathered, contributing to better use of custody capacity and increases in sanction detections and OBTJs.

Custody nurses

49. Following the resignation of the previous custody nurse manager at Charing Cross, recruitment for a replacement is currently in progress. A temporary nurse manager has been appointed but one major problem for the recruitment process is the length of time it takes to get security clearance for new staff. Currently, the nurses are employed by the MPS but the organisation does not recognise the nurses’ staff association, the Royal College of Nursing, which means that the conditions of employment of the nurses employed by the MPS are less favourable than colleagues within the health service. This leads to problems with recruitment and retention.

50. The nursing staff currently comprises of one temporary nurse manager and three custody nurses. This amounts to a shortfall of two nurses. There is insufficient staffing at the moment to provide 24/7 cover in the custody suite. Some temporary cover is arranged through an agency using former staff that have clearance but this is insufficient.

51. The Custody Nurses Gold Group/Working Party was being run by Emerald and it was expected that this group would establish the standards for nurses to be trained in fitness to detain and fitness to interview. The nurses were keen to trial these processes but this work has now been put on hold with the problems surrounding the resignation of the nurse manager. Currently, the Custody Nurses at Charing Cross do not consider fitness to detain and fitness to interview.

52. The nurses project and how it is to be evaluated is being reconsidered by the Custody Project Team in conjunction with the ACPO lead.

Formation of Tactical Custody Planning Unit

53. 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 of the Custody Standard Operating Procedure (SOP) with regard to the Race Relations Act.

MPS Custody Suite Management

54. 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 and its condition for usage.

Usage of cells and costings with other agencies

55. 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. Costings for other usage such as Immigration and Prison lock-outs (including Operation Safeguard) continue. Other processes now being looked at for cost recovery are for Serious and Organised Crime Agency (SOCA) detainees using MPS cells.

Partnership

56. 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.

Safer Cells programme

57. The Safer Cells programme is nearly complete. 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. Only two Custody suites await safer Cells work. These are Hornsey, which will be completed before the end of the year, and Tottenham, which will be completed in January 2007.

Custody management information

58. 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

59. Due to the near completion of the Safer Cells project there will be a total of 76 designated (s.35 PACE) custody suites available for usage at the end of the year with an MPS cell capacity totalling 974. (Ealing Custody suite at present is not included as it awaits a decision from MPS Estate Management regarding its disposal in the future, and any other usage before that time).

60. Included within the overall figure of 76 suites are 22 over-flow Custody suites totalling 165 cells that are used for various operational reasons including Bail to Return, Immigration and Football Charging Centres. The new build Custody suite at Wembley Stadium is near completion and will provide an over-flow capacity of an additional five cells.

61. This in essence leaves 54 operational MPS Custody suites working on a 24 hour basis with a cell capacity of 809 cells.

62. The total arrests for 2005 across the MPS were 297,397 (data provided by Performance Directorate). The total currently up to date from January 2006 to September is 232,003 arrests. Comparing last year January to September to this year there is a 5% increase equating to a growth of 10,952 arrests. The overall projected growth year on year from 2005-6 is 11,940 giving a projected total of 309,337 arrests for 2006.

63. Emerald Custody has carried out a comprehensive and intrusive inspection of custody facilities in the MPS with the objective of improving systems and processes in relation to all aspects of custody. It is anticipated that improved efficiency, within Custody suites, will lead to detainees being dealt with more speedily.

64. Projects intended to positively impact on custody capacity include the Virtual Court Project being undertaken by cross agency partners under the governance of LCJB executive group. This project is intended to reduce the time detainees spend within the custody environment and speed up appearances at court via video link.

Serco prisons update

65. Emerald Custody Directorate have been working closely with NOMS to assess the assistance we are able to provide during the current acute shortage of HM Prison Service accommodation. This assessment has taken into account not only the impact on MPS core business but also the requirement of other agencies, such as the Immigration Service and SOCA, who utilise MPS custody facilities.

66. An agreement has been reached that separate custody facilities, that are not routinely used to accommodate detainees, will be used if Operation Safeguard is invoked in the MPS. Officers will staff these facilities on overtime to ensure that officers are not abstracted from their core duties.

67. All costs associated with Operation Safeguard will be recovered from NOMS. This advance planning has ensured the impact of Operation Safeguard on policing in London is minimal and the associated risks can be managed. We anticipate the acute shortage of HM Prison Service accommodation will ease mid-December when there is a seasonal fall in the prison population.

68. For several months, the MPS has been accommodating sentenced and remanded prisoners from courts overnight, commonly known as 'Lockout' prisoners. This was due to London prisons not having the capacity to accept further prisoners. The MPS was required to house these prisoners at short notice, within our normal custody capacity. Operation Safeguard provides a more suitable procedure to house prisoners in MPS accommodation. Emerald Custody Directorate continues to work closely with our partners to minimise any adverse implications for our custody capacity.

Immigration detainee’s update

69. 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.

70. 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).

71. 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.

72. The MPS have been asked to respond to several structured questions in a report to the Coordination and Policing Committee on the 2 November 2006. This includes detailed questions about any existing proposals for use of MPS custody suites for immigration detainees, the nature of any proposed arrangements, the implications for visiting arrangements and any overall impact issues within the context of Operation Safeguard and other pressures within our custody estate. Full answers will be given within the report.

Matters arising since implementation plan agreed

73. 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.

74. 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 of custody nurses to replace a number of the forensic medical examiner (FME) functions, as well as enhanced forensic provision.

75. The updates as to progress made against the SIRCC recommendations are contained within Appendix 1.

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

GLAD

Greater London Action on Disability

IAG

Independent Advisory Group

BBCC

Borough Based Custody Centres

PSD

Property Services Department

CO11

Public Order Department

MPS IAG

Race and Diversity Independent Advisory Group

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

PSA

Public Service Agreement

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

1. 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.

2. The delivery of the Centres will be a long-term programme running for up to 10 years. The MPS currently commits £53,802,000 to staffing costs 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.

3. Project Beacon has been granted £700k for staffing costs and training for Custody Processing Clerks. All other costs for the budget will be met from existing funding streams.

E. Background papers

None

F. Contact details

Report author: Inspector Sharon Heyes, MPS

For more information contact:

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

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