Police Reform and Community Safety Tuesday 29 January 2013

Conference Chair Cllr Michael Payne, Gedling Borough Council

Police Reform and Community Safety – an over view of police reforms Mark Norris, Senior Adviser, Local Government Association 29/01/2013

What the presentation will cover Role of Police and Crime Commissioners Scrutiny of PCCs Links with community safety partnerships

Background to Police Reforms Lack of public confidence in the police and criminal justice system; Need to reconnect the public with the police; Replacing bureaucratic accountability with democratic accountability

Police and Crime Commissioners Elected by supplementary vote for a four year term on 15 th Nov The PCCs’ role is to: –Secure an efficient and effective police for their area; –Appoint the chief constable, hold them to account for running the force, and if necessary dismiss them; –Set the police and crime objectives for their area through a 5 year Police and Crime Plan; –Set the force budget and determine the precept;

PCCs continued –Contribute to the national and international policing capabilities set out by the Home Secretary; and –Have a duty to co-operate with community safety and criminal justice partners. The Policing Protocol sets out that PCCs will only have strategic oversight of forces. They will not be able to influence operational matters. The PCC must publish an annual report showing progress against their Police and Crime Plan. PCCs are under a general duty to consult and engage with the public.

PCCs

Police and Crime Panels

Is one for each force area, established by the councils in that area; they are legally a Local Government Committee Role is to both review and scrutinise the PCC’s actions and decisions, and also to assist them in the effective exercise of their functions; They are not a police authority in another form; and Have a minimum of 12 members and a maximum of 20. A minimum of two members have to be independent, co-opted members.

2. Community Safety Partnerships Police and Crime Commissioner Community Safety Partnerships Duty to have regard to each other’s priorities 1 Request merger Power to approve 4 Power to call CSP chairs to a meeting to discuss force-wide issues 2 Power to request a report 3 Police and Crime Panel Scrutinise Grant making powers 5

Local Government Association contact: Mark Norris

Paddy Tipping Police and Crime Commissioner for Nottinghamshire

Workshops Delegates attend one workshop, delegates to choose between; Workshop 1 - Connecting with the community Maxine Moar, Moar Communities This workshop will take place in the Ferneley Room Workshop 2 - Sorting out scrutiny boundaries Tim Young, Local Government Information Unit Associate This workshop will take place in the main conference Room

Workshop 2: Sorting out scrutiny boundaries Police Reform and Community Safety Conference Tuesday, 29 January 2013 Tim Young Associate, Local Government Information Unit

Workshop 2 - Sorting out scrutiny boundaries Purpose: This workshop will focus on the division of responsibilities between crime and disorder scrutiny committees (at the local level) and a police and crime panel (at force level) and what might be needed to make the relationships work well

A Police and Crime Commissioner’s role: Securing an efficient and effective police force for their area Producing and consulting on a five year Police and Crime Plan that sets out local policing priorities Setting the annual policing precept Appointing the Chief Constable (CC) and holding them to account Co-operating with local community safety partners and funding community safety activity to achieve the Police and Crime Plan’s objectives

PCCs and Community Safety Partnerships (CSPs) PCCs: not members of or responsible authorities on existing CSPs, but mutual duty to cooperate PCCs must have regard to the CSPs’ priorities when planning – and CSPs must have regard to a PCC’s Policing and Crime plan PCCs can require reports from CSPs on their work PCCs have powers to convene meetings with all CSPs in the force area to discuss strategic priorities

PCCs and community safety activity All funding which currently goes to CSPs will in the future go directly to the PCC In , PCCs will receive funding from the new, non-ringfenced Community Safety Fund to commission services to support crime, drugs and community safety priorities PCCs will be able to make crime and disorder reduction grants to any organisation or person in their area CSPs will therefore not be automatic recipients of PCC funding

PCCs and Community Safety Fund allocations (in £millions)

The Police and Crime Panel (PCP) A new body with statutory functions Established to ensure some local accountability for the Police and Crime Commissioner The Act says the PCP must exercise its functions with a view to supporting the effective exercise of the PCC’s functions So ‘support and challenge’ - a scrutiny role

PCP responsibilities include: Contributing to the development of the PCC’s Police and Crime Plan Reviewing the PCC’s proposed precept Holding the PCC to account for their annual report at a public meeting Reviewing and scrutinising PCC decisions So a PCP will be interested in:  a PCC’s strategy for community safety  how and by how much it is funded  how it is to be commissioned and delivered  how successfully it’s delivered

Local authority scrutiny of crime and disorder partnerships Each local authority is still required (by Police & Justice Act 2006) to scrutinise crime and disorder partnerships at least annually Demarcation becomes more complicated as a PCC takes over funding of community safety work Aim should be to avoid duplication and ensure a co-ordinated approach to scrutiny of community safety, at the strategic and local levels

Emerging lessons from PCPs’ work For a PCP, no matter what your ambitions, you cannot cover everything – less may be more Need to operate at a strategic level taking an overview of a PCC’s work, policing requirements and priorities Community safety: a PCP’s interest is in how strategic priorities translate into operational action at the local level Need to liaise with local OSCs for that information

Liaising and working with local OSCs Provides intelligence on local community safety/crime issues and concerns Enables a PCP to understand PCC’s strategic direction and how decisions are impacting locally Can help assess how the PCC is co- operating with local community safety partners and funding activity to achieve Police and Crime Plan objectives Enables local OSCs to escalate issues that cannot be solved by local action Can help PCP to aggregate issues that are common across the force area

How might this/is this being done? ‘Twin-hatted’ councillors, sitting on the PCP and their county and/or local crime and disorder scrutiny committee (eg Gloucestershire) Through scrutiny officers’ liaison Sharing and co-ordinating work programmes Responding to requests for information Passing on issues to where they can be dealt with most appropriately Flagging up issues of mutual interest Formal protocols (e.g. Leics County Council OSC and PCP; and North Yorks PCP and LA Scrutiny Committees with Community Safety remits)

Other scrutiny links to consider Health scrutiny’s new relationships with Health and Wellbeing Boards, Clinical Commissioning Groups, Healthwatch and Public Health Links between health issues, policing and crime and disorder, e.g. drug and alcohol abuse; domestic violence, safeguarding issues Issues that need more than a policing response (e.g. binge drinking, violence, and A & E admissions)

Resources Draft Protocol between the Police and Crime Panel and the Leicestershire County Council Scrutiny Commission at (pp23-27) North Yorkshire Police and Crime Panel, Links between Police and Crime Panel and Crime and Disorder Overview and Scrutiny Committees (25 October 2012) at The LGA’s Police and Crime Panel Support and Wider Networking Group provides a network for all those involved with Police and Crime Panels or with a keen interest in this area. Members of panels including independent co-optees are encouraged to join and participate, at Safer Future Communities, How the Voluntary, Community and Social Enterprise Sector can help reduce crime and keep communities safe in your area and see local network at or at

Contact details Tim Young Local Government Information Unit Associate and Lead on Policing and Crime, Frontline Consulting Associates Tel: & Web: 29

Feedback from Workshops

Police and Crime Commissioners and Community Safety Partnerships Andy Thomas Head of Service Partnerships and Communities

Police and Crime Commissioner Partnership Requirements Recognize partnership priorities and plans in developing the Police and Crime Plan Engaging with communities Transfer of funding: Community Safety Fund, Drug Intervention Programme and Young Persons Drug Prevention Grant Passporting and subsequent ‘commissioning’ of funds and interventions PCC involvement in local governance

Community Safety Partnerships Changing landscape of reduced requirements- ‘Localism’ Significant reductions in local and national funding streams Reduced reporting and performance monitoring Focus on doing rather than planning Reduction in central Government policy and guidance Majority of funding from local authority

Community Safety Partnerships Statutory Requirements Executive meeting required: No guidance on who, what or frequency 3 year Crime and Disorder Plan Annual Strategic Risk and Threat Assessment Rolling Annual Plan

PCCs and CSPs: Relationship PCCs not a ‘responsible authority’ under the 1998 CDA Mutual duty to co-operate Due regard: Police and Crime Plan/CSP Plan Governance and strategy: Where does the PCC fit in Local accountability: City/County/District PCC to ‘sign off’ mergers of CSPs PCCs change the landscape

Making it work locally PCCs will have a big impact on community safety Commissioning could replace partnership working with a free market based on competition Local arrangements for ‘commissioning’ PCCs getting involved in local arrangements Are local arrangements fit for purpose? Risk/opportunity of CSP mergers Engaging and agreeing priorities through SIA, plans and CSF spend plans

PCCs and CSPs: The Derby Picture Developing effective relationships is key Pre and Post election Joined up Police and Crime Plan and city SIA priorities PCC and city council both Labour Overview and Scrutiny Chair on Police and Crime Panel Agreement to passport funding in PCC to sit on CSP Executive Group

Cllr Joe Orson Chair of Police and Crime Panel for Leicestershire

The role of Police and Crime Panels Mark Norris Senior Adviser, LGA 29/01/13

The Panel’s key powers & responsibilities Responsibilities Enabling Powers Powers of veto Reviewing the draft Police and Crime Plan Reviewing the PCCs Annual Report Must hold confirmation hearings for CEO, CFO and Deputy Overseeing all complaints against the PCC, informally resolving non-criminal Can require the PCC to attend a public hearing Can invite the CC to attend with the PCC (cannot require) Can ask HMIC for a professional view on CC dismissals Have access to papers (except those that are operationally sensitive) Appointment of Chief Constable Setting of the precept

Key issues for the panel 22 nd November 2012 – PCC takes office 31 st March 2013 – deadline for agreeing police and crime plan Non-Criminal Complaints Confirmation hearings for Deputy PCC March Potential confirmation hearing for chief constable 1 st February – PCC’s precept to the PCP. 8 th February deadline for PCP to review precept

panel exercises power of veto indicating in their associated report whether the precept is too high or low 1 st Feb - PCC must notify the panel of proposed precept 8th Feb - panel to review proposed precept by this date proposed precept approved by default No comment by 8 th Feb deadline Timetable for Veto and scrutiny of the precept

The PCC appoints the reserve candidate anyway Fresh proposal for appointment New reserve candidate nominated The panel then has three 3 weeks to review and make a report and recommendation on the reserve candidate The PCC nominates ‘a reserve candidate’ The PCC then decides whether to accept or reject the panels recommendation What happens if panel exercises its veto for a proposed Chief Constable appointment: -

Complaints against the PCC 44 All complaints received by the PCP Criminal? Referred to IPCC PCP responsible for informal resolution YES NO NOTE: Initial handling can be delegated to PCC monitoring officer

Mark Norris Support from the LGA: Guides on the LGA website on PCCs, Panels and CSPs: Hotline: Police and Crime Panel Support Group on the LGA’s Knowledge Hub

Conference Round up

Conference Close