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National Police Chiefs’ Council (NPCC) 1st Floor, 10 Victoria Street, London SW1H 0NN - 020 3276 3795 Chief Constables’ Council Minutes Wednesday 25th – Thursday 26th January 2017 Police Federation HQ, Surrey Security classification: Official Disclosable under FOIA 2000: Author: Susan Paterson Force/organisation: National Police Chiefs’ Council (NPCC) Date created 27th January 2017 Attendees CC Sara Thornton NPCC Chair ACC Sarah Crew Avon and Somerset CC Jon Boutcher Bedfordshire CC Alec Wood Cambridgeshire DCC Janette McCormick Cheshire DCC Julia Wortley Cheshire Commissioner Ian Dyson City of London CC Iain Spittal Cleveland CC Mick Creedon Derbyshire CC Debbie Simpson Dorset DCC Jo Farrell Durham DCC Darren Davies Dyfed Powys CC Stephen Kavanagh Essex ACC Richard Berry Gloucestershire DCC Rod Hanson Gloucestershire CC Ian Hopkins Greater Manchester CC Jeff Farrar Gwent CC Olivia Pinkney Hampshire CC Charlie Hall Hertfordshire CC Justine Curran Humberside CC Alan Pughsley Kent CC Steve Finnigan Lancashire CC Simon Cole Leicestershire CC Neil Rhodes Lincolnshire CC Andy Cooke Merseyside ACC Andy Ward Merseyside AC Patricia Gallan Metropolitan Police Service AC Martin Hewitt Metropolitan Police Service AC Fiona Taylor Metropolitan Police Service
Transcript
Page 1: Chief Constables’ Council Minutes FOI/CO/078 17 CCC... · CC Alex Marshall offered to Forces the option of registering with the College of Policing any trials and improvement activity

National Police Chiefs’ Council (NPCC) 1st Floor, 10 Victoria Street, London SW1H 0NN - 020 3276 3795

Chief Constables’ Council Minutes

Wednesday 25th – Thursday 26th January 2017 Police Federation HQ, Surrey

Security classification: Official Disclosable under FOIA 2000: Author: Susan Paterson Force/organisation: National Police Chiefs’ Council (NPCC) Date created 27th January 2017 Attendees CC Sara Thornton NPCC Chair ACC Sarah Crew Avon and Somerset CC Jon Boutcher Bedfordshire CC Alec Wood Cambridgeshire DCC Janette McCormick Cheshire DCC Julia Wortley Cheshire Commissioner Ian Dyson City of London CC Iain Spittal Cleveland CC Mick Creedon Derbyshire CC Debbie Simpson Dorset DCC Jo Farrell Durham DCC Darren Davies Dyfed Powys CC Stephen Kavanagh Essex ACC Richard Berry Gloucestershire DCC Rod Hanson Gloucestershire CC Ian Hopkins Greater Manchester CC Jeff Farrar Gwent CC Olivia Pinkney Hampshire CC Charlie Hall Hertfordshire CC Justine Curran Humberside CC Alan Pughsley Kent CC Steve Finnigan Lancashire CC Simon Cole Leicestershire CC Neil Rhodes Lincolnshire CC Andy Cooke Merseyside ACC Andy Ward Merseyside AC Patricia Gallan Metropolitan Police Service AC Martin Hewitt Metropolitan Police Service AC Fiona Taylor Metropolitan Police Service

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CC Simon Bailey Norfolk CC Simon Edens Northamptonshire CC Sue Fish Nottinghamshire CC Mark Polin North Wales CC Dave Jones North Yorkshire CC George Hamilton PSNI CC Peter Vaughan South Wales ACC Richard Lewis South Wales CC Stephen Watson South Yorkshire CC Jane Sawyers Staffordshire DC Gareth Wilson Suffolk CC Nick Ephgrave Surrey CC Francis Habgood Thames Valley CC Martin Jelley Warwickshire CC Anthony Bangham West Mercia CC David Thompson West Midlands CC Dee Collins West Yorkshire CC Paul Crowther BTP CC Alex Marshall College of Policing Alf Hitchcock MoD CC George Hamilton PSNI Colonel David Neal Royal Military Police Capt. Horne Royal Airforce Police ACC Chris Shead NPOCC

In attendance for specific items Julia Mulligan Police & Crime Commissioner Lyn Brown Shadow Minister David Lamberti Home Office David France Home Office Mark Sedwill Home Office Susan Acland-Hood HMCTS Catherine Lee HMCTS Jo Holness Police Foundation Professor Larry Sherman Cambridge University Mr. Steve White Police Federation Robert Beckley Operation Resolve

In attendance Supt. Tim Metcalfe NPCC Chief of Staff Supt. Alison Heydari Hampshire Insp. Ben Gasson NPCC Staff Officer Nicole Higgins NPCC Strategic Planning and Risk Manager Georgina Wade NPCC Public Relations Officer Nicola Growcott NPCC Communications Manager Richard Hampson NPCC Business Officer Sherry Traquair NPCC FOI and Decision Maker Colin Ley-Smith ACRO Oliver Cattermole College of Policing Chief of Staff

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09:00-17:00, 25 January 2017, Police Federation HQ, Surrey

OPEN SESSION 1. ATTENDANCE AND APOLOGIES

1.1 The Chair welcomed those present to the meeting of Chief Constables’ Council at the Police Federation Headquarters and thanked Steve White for hosting the meeting. The chair commenced the meeting with welcomes to new attendees’ and noted new appointments.

1.2 The following tendered their apologies for the 25 and/or 26 January 2017 session of Council:

CC Steve Ashman, CC Michael Barton, CC Simon Byrne, CO Mike Bowron, CC Mark Collins, CC Suzette Davenport, CC Mike Griffiths, CC Jeremy Graham, CC Philip Gormley, CC Alfred Hitchcock, Commissioner Bernard Hogan-Howe, CC Andy Marsh, CC Mark Rowley, CC Shaun Sawyer.

1.3 The Chair reminded Chiefs that currently there are vacancies for the Co-ordination Committees and role requirements will be uploaded on Chiefs Net.

2. MINUTES

2.1. The Minutes of the previous meeting held on 12-13 October 2016 were agreed.

3. MATTERS ARISING –

3.1 Chiefs were requested to note the contents of the closed actions within the Council Action Log.

The Chair focused attention on the outstanding actions:

Action item number 3.1: CC Alex Marshall to provide a briefing paper on the restrictions that can be put in place to limit and or prevent a police officer from participating in political activities. CC Alex Marshall explained police officers by law cannot participate in political activities and the position for Police staff and PCSOs is covered by the 1989 Local Government and Housing Act where their political involvement is at the discretion of the Chief Constable. Chiefs sought guidance to ensure a consistent approach.

The Chair supported the need for clarification and CC Iain Spittal suggested colleagues feedback requests received from staff to carry out politically restricted roles so he can identify gaps agree a way forward.

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Action: CC Iain Spittal to write to forces asking for feedback on requests Chiefs have received from staff to carry out politically restricted roles. CC Iain Spittal to provide a position on this for further discussion at the next Chiefs’ Council. Action item number 4.3: Regional Paper - Membership and Voting - CC Mick Creedon requested that a reciprocity clause was included within the MoU with the Department of Work and Pensions. CC Mick Creedon to speak with Gary Pugh to ensure the MoU includes reciprocity in the sharing of information with forces The Chair explained that CC Mick Creedon had been delayed and a written update would be provided. Action: Outstanding (see above – 4.3)

Action item number 6: Chris Sims will work with the specific leads for the business area under Specialist Capabilities and undertake a round robin of members. An update will be provided at Chairs Update.

Action item number 8: CC Simon Cole to look at how the Local Policing Coordination Committee could be re-organised to include categories such as elderly care homes, care homes for the young and Ofsted's role CC Simon Cole explained the challenge is these issues do not sit in a silo and needs to be linked with other activity. The detail will be presented within the business plan. Action item number 11: The NDES, DII and CCD programmes to be placed on the agenda at a future Council meeting The Chair explained that Digital Policing is working across the change programmes and carrying out regional workshops. The Chair encouraged all relevant senior managers to attend these meetings. Action item number 11: DCC Morris requested CC Habgood to work with forces to consider the minimum timeline for transitioning to ESN. An update will be provided at a later point in the meeting. Action item number 16: Modern slavery to be placed on the agenda for the January 2017 Council meeting and CC Sawyer to further develop the plan in Appendix C to identify key stakeholders engagement activity. Action: This is ongoing and the plan will be presented at the April Council meeting.

Action item number 17: A National Standards for Incident Recording paper to be brought back to Council in either January or April 2017 and Thames Valley Police to be consulted on work. This will now be brought to the April Council.

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3.2 Crime Data Integrity There was a discussion about inspection thresholds and a further discussion with HMIC will take place. Action: CC Steve Finnegan will write to Chiefs asking about their experience of inspections.

4. STANDING ITEMS

4.1. Chair’s Update

4.1.1 The Chair gave an update on the three “Leadership and Learning” sessions. Supt Tim Metcalfe is writing a paper which will be presented in April. The joint NPCC/APPC Summit survey feedback has now been reviewed and the majority of the responses were positive. Most preferred a London venue and then Birmingham. If attendees have not given a response then the Chair asked if they could share feedback with Insp. Ben Gasson. The Chair explained a similar format for the conference in November was planned.

4.1.2 Core Grant – Funding Formula CC Dave Thompson provided an overview of meetings he attended at Strategic Sector Group (SSG) and Technical Reference Group (TRG). He explained that the Home Office paper on the funding formula was received well by SSG and TRG. The next meeting will look at a paper on the cost adjustment for the tax base. CC Thompson asked the Home Office to provide a summary of this document due to its technical complexity and the next step will be to apply the weighting from this formulae which will be carried out by University of Bristol. The Home Office aim to complete this stage by the end of February but this may be difficult to achieve. 4.1.3 Specialist Capabilities The Chair provided an update on the Specialist Capabilities Programme Board. Proposed implementation costs were higher than expected and board members asked for further detail. Further work has been carried out and a paper has been submitted to programme board for the next meeting on 1 February. Exemplifications and options for cost reduction will be included. Colleagues expressed a desire to further discussion on the proposals presented in the paper. The Chair noted these comments and explained that a further document would be shared later in the day. Action: Chair to circulate an updated Specialist Capabilities paper to Chiefs later today for discussion tomorrow.

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4.1.1. Delivery Plan Update - Chair

Chief Constables were asked to note the contents of this report. The Chair briefly mentioned the following:

The Crime Policing Fire Group CPFG are considering a new approach using prevention, prediction and partnership.

There will be more OSCT work regarding Serious Organised Crime efficiency.

The National Security Council on Serious and Organised Crime sat in December and DG s23(1) attended. There were two issues of note: the need for a cross government approach and how law enforcement organisations are working together.

Last week’s Police Technology Conference was positive and progress is being made. 4.2. College of Policing Update

CC Alex Marshall provided an update on the two Professional Committee Meetings that took place since the last Council meeting. A number of points were highlighted: The College is developing role profiles (formally the Police Professional Framework) and consultation will commence next week. The three roles within chief officer ranks will be included. Action: The College will circulate the consultation to all forces for feedback. There will be a roundtable event to discuss the national implications from the Henrique’s Report into the Met’s handling of specific child sexual abuse investigations. Following this event, the College of Policing will confirm the national position. Action: The College of Policing will confirm the national position The Education Qualification Framework – in partnership with Chiefs, the College have been developing the higher-level apprentice scheme. They are going back to DFE for approval next week and will work with Chiefs on the implementation. It should be noted the timings and implementation haven’t yet been agreed but the College will be working with the regional meetings to agree next stages. Additionally, the Welsh Government has identified funds to assist with the costs of the apprentice scheme in Wales. The College will submit a Police Transformation Fund bid to assist in the workforce development. Disapproved register – the number of people resigning before gross misconducts hearings have remained the same, which has been consistent over the last two years. However, the number of people being dismissed, who were reviewed by the independently chaired panel, has reduced. Data are currently being gathered to ensure there is an evidence base to understand these differences in outcomes. It was requested this data includes those who were fast tracked and this was noted. The Chair asked that the analysis led by CC Guildford be brought to the April Council.

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Action: Analysis led by CC Guildford be brought back to the April Council meeting. The National Domestic Abuse Oversight Group is being chaired by the Home Secretary and is expected to be active in 2017. CC Alex Marshall offered to Forces the option of registering with the College of Policing any trials and improvement activity they are undertaking with their professional body. In return, the College will ask for information on what evaluation criteria will be used in the trials and will highlight risks and opportunities.

4.3. Regional papers

The chair guided colleagues through the feedback from the regional papers. 4.3.1 Casualty Bureau Arrangements

Regions noted the paper. All regions except Wales preferred a regional model

4.3.2 Stop and Search and the use of Police Public Encounters Boards

The North West Region sought a wider discussion. The general feedback from the region was that the proposal only applies to an inner city context and isn’t relevant to many force areas. The region felt the guidance is arguably restrictive and could make officers risk averse. The Eastern region have requested confirmation as to whether forces will adopt the two day training package or if varying approaches are being taken as HMIC will seek an inspection baseline. Action: DCC Adrian Hanstock to produce a paper and attend Council on the issues raised.

4.3.3 S163 Traffic Stops Update

Regions have noted the paper and South West and Wales offered qualified support. The regions would welcome a discussion and feedback from the Northumbria pilot regarding, operational impact and benefits. Wales raised the following concerns below which should be explored as the data collection phase concludes:

Action: DCC Adrian Hanstock to produce a paper and attend Council on the s136 Traffic Stops issues raised.

4.3.4 Media Relations Authorised Professional Practice

Most regions noted the paper. It was suggested that a one page plan/flow chart could be useful. Two requests for clarification were made, about naming officers subject to complaint, and the potential benefits to victims of naming alleged offenders. CC Marshall confirmed that the APP does

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not set a requirement to name officers subject to complaint, and under exceptional circumstances allows a chief officer the discretion to name an alleged offender, where a clear policing purpose applies.

4.3.5 Special Branch Review

Paper was noted 4.3.6 Review of Police Core Grant and 2017-18 Settlement

The regions would welcome further information on how this will be updated and coordinated in terms of force/regional impact once further information is released from the Home Office, including a discussion of proposed transition arrangements.

4.3.7 Commercial Collaboration

Eastern region raised concerns regarding the CIPFA survey and how the findings were going to be used. The South East and East Midlands challenged the basis of the £350m estimated savings indicating it would be would be difficult to achieve. The regions have agreed to support the advertisement of the new CLEP leadership roles but required clarity around the funding of the posts. CC Thompson noted the comments and said the next step is to produce an evidenced based paper with options. CC Thompson and Lynda McMullan will be meeting with the Policing Minister to discuss the ministerial targets.

4.3.8 Online Child Abuse Referrals – closed S23(1)

4.3.9 Police Delivery Model – DBS Enhanced Disclosure Certificates,

S36(2)(b)(ii) and S36(2)(C)

4.3.9.1 Update on the Joint International Policing Hub

Noted. 4.3.9.2 National Serious and Organised Crime Performance Assessment

This paper was supported. 4.3.9.3 UK Protected Persons Service

CC Cooke has withdrawn this paper and will attend regional meetings over the next six months

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and bring this back to Council. 4.3.9.4 Management of Registered Sexual Offenders, Fraud – National

This paper was support. 4.3.9.5 Football related Non-Recent Child Sexual Abuse,

This paper was noted. 4.3.9.6 Eastern Region Serious Organised Crime Unit UCOL Pilot

This paper was supported by all regions

4.3.9.7 Counter Terrorism Policing Update

This paper was noted

4.3.9.8 Troubled Families Programme and Pre-charge Bail (Policing & Crime Bill 2016) Progress and

This paper was supported

4.3.9.9 Bail update.

This paper was noted.

5. EVIDENCED BASED POLICING FOR CHIEFS - Professor. Larry Sherman

The Chair explained that she had invited Professor Larry Sherman to present some of the excellent work Cambridge University has carried out and offer his reflections on evidence based policing, Larry Sherman delivered his presentation and the following areas were discussed:

(i) How much agreement there is around the different academic evidence that exists? (ii) How evidence could be built into the funding formulae? (iii) It was noted that there is a ONS conference and there will be policing representation.

Action: To circulate Professor. Larry Sherman presentation

6. DELIVERING VISION 2025 - Sara Thornton

The Chair provided an update on the work of the Police Reform and Transformation Board (PRTB)

The Chair explained that in November the Vision 2025 was published. Since then, work has been carried out to build a strategic framework. In December, the Board agreed the objectives listed on pages 1-2 of the document.

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The Chair stated a SWOT analysis had been completed and there are workshops scheduled to validate the ‘building blocks’ that have been identified. The Chair urged colleagues to attend these workshops to support the process. This work will come back to PRTB. The Chair asks colleagues to feedback on this process. The Chair informed colleagues on the allocation process for funding from the Police Transformation Fund in 2017/18. There will be a light touch review on successful bids at stage two, there were some current bids that needed amendment and resubmitting and some proposals commissioned by the Board itself. Colleagues can submit further bids but these will have to be aligned to the strategic framework. Action: It was agreed that an extraordinary meeting of CCC would be held in February.

7. USE OF FORCE - CC Justine Curran PROTECTIVE STRATEGY ABUSE OF POWER - CC Steven Watson

CC Curran provided some background to the paper as well as providing members with an overview of the contents of the paper. CC Curran recognised this has been a significant data collection request to Forces. The majority of Forces were progressing with the requests, however, she acknowledged challenges about the level of data required. CC Curran explained the rationale for collecting and publishing the data and asked if Chiefs were willing to support the direction of travel. It was noted that some of the data requirements were problematic. Commander Matt Twist explained the annual data requirements (ADR) were greater than expected and the ADR is a subset of the larger data set required by the Home Office to evidence the appropriate use of police powers and ensure transparency, consistency and accountability. He stated this information would assist in helping the development of tactics. However, he also explained that in the first years of collecting/recording of this data there will be problems because of technical inconsistencies and potential misinterpretation of the data.

Three options were presented: a) Option 1: Continue with the full data set – most Forces have this capability but there is a risk

data gaps will cause unfair comparisons and this will need to be managed. b) Option 2: Exclude data on baton use and handcuffing– this option won’t meet the ADR but is

an option where Policing can negotiate with the Home Office. c) Option 3: Provide ADR only – this will offer national consistency and all forces can achieve

this but it won’t provide information such as which officers are carrying out inappropriate use of force, where and when this was happening. This will not provide data to assist the training, development of tactics and will receive less Federation support.

Following discussion the Chair concluded there was agreement to collecting the full data requirements data (as set out on page 7). Those Chiefs who felt they want to derogate should do so in writing.

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Action: CC Steve Finnegan to follow up the ADR discussion on the extent that data requirements are included in the gateway process.

There was a discussion regarding spit-guards. It was noted that some forces are using the spit-guards, some are testing them and some are not using them. It was agreed that this would be reviewed at the Operations Committee and a further update on the issue provided to Council in April. CC Steve Watson updated Council that he was progressing a national strategy to tackle abuse of position for sexual purposes ready for discussion at Council in April.

8. LABOUR’S PRIORITES FOR POLICING

The chair welcomed Lyn Brown, Shadow Policing Minister and asked Chiefs to extend invitations to the Shadow Policing Minister to visit their Forces. The Shadow Minister thanked the Chair for the invitation and outlined her thoughts on the Home Office brief on policing, she was keen to learn more about what Chief Officers priorities were and explore the scope of a shared understanding about what needs to be done. The shadow minister spoke and asked questions in respect to the following:

The security issues raised by Brexit and the benefits in participating with international policing and security services.

Police resources

Assaults on police officers

Domestic Abuse, Hate Crime, Cyber Crime, protecting vulnerable people, FGM and Terrorism

Police Force structures

The joining up of Fire and Policing Services.

The Chair thanked the Shadow Minister for Policing and for her openness and enthusiasm and again invited Chiefs to invite her to their Forces for further discussions.

9. OPERATION RESOLVE – AC Rob Beckley

The Chair introduced Rob Beckely as the lead for Operation Resolve. AC Beckley explained there are two Hillsbrough investigations and he is responsible for the investigation on criminal culpability/emergency response on the day. The parallel investigation by IPCC is about potential cover-ups post the event. The main challenge is over the extent of disclosures, estimating there are currently a quarter of a million items to be reviewed and this may require mutual aid resources. He emphasised the importance of policing learning from incidents such as Hillsborough. AC Beckley stated that Bishop James Jones (Chair of the Independent panel) is undertaking a review of legislation to consider the post retirement accountability. There was a discussion about

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the impact of the historic cases and a shortage of detectives. The following issues were raised:

Duty of care to retired officers

Resources

Offenders who are at risk. Action: ACC Chris Shead to identify the impact of all enquiries into the past and to draw up terms of reference.

10. FIRE SERVICE COLLABORATION

CC Alec Wood gave an overview of the paper which covered five strands in relation collaboration with the Fire Service:

Mobilisation and crisis management - considering how the Fire Service are represented at COBR

HQ support - CFOA will be replaced with NFCC. NFCC will move a small team across to 10 Victoria Street.

Co-ordination Committees – work is ongoing to identify overlaps and there is a permanent member of NFCC on the Operations Co-ordination Committee.

Procurement – work is continuing and the Fire Service is developing a national framework.

Leadership and professional development – College of Policing is supporting the Fire Service and is considering ways they can collaborate on leadership, development and training.

A paper will be brought to April CCC regarding blue light air support. There may be some resistance to this from NPAS which the Fire Service will work to resolve.

A dialogue continues with the APCC and the Home Office regarding introducing an additional post.

Chief Constables noted the contents of the paper.

11. CITIZENS IN POLICING (CiP)

CC Dave Jones asked Chiefs to note the progress made with the CiP strategy to date. This is in preparation for a further report at Council in April. The first national survey of volunteers has been carried out and this has allowed a benchmarking exercise. There are 38 thousand volunteers who provide 5 million hours of work equating to approximately 75 million pound return on the investment. However, the findings from the benchmarking raised questions on the lack of infrastructure and this will be covered in the report at Council in April.

CC Jones felt the plans to increase the size of volunteers was ambitious and asked Chiefs to direct requests on this to him.

Action: To bring a paper on Citizens in Policing to the April Council

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12. NATIONAL FEDERATION UPDATE

Inspector Steve White updated Chief Constables regarding current Police Federation activity and emphasised the importance of officer welfare. He has engaged with a number of charities and formed an umbrella organisation called the Police Charities UK to help address this priority. This will be launched on the 17 February. The Federation is running a blue light service trial providing welfare support to officers and staff with an organisation called the Defence Medical Services. The federation is running two campaigns currently: ‘Believe in Blue’ and ‘Protecting the Protectors’ which is calling for:

a change in legislation covering police assaults and tougher sentences;

more accurate data on police assaults;

better training and access to equipment;

wider roll out of protection measures such as Tasers and spit guards;

improved welfare services.

Finally, Insp White stated significant interest federated officers are signed up to the ‘Pension Challenge’. The Federation do not support this action. If ‘Pension Challenge’ is successful on the basis of age discrimination, the government will be judged to have acted unfairly and they will need to take action to make the situation fair. This could mean removing a range of protections and conditions for all officers.

13. STRATEGIC LANDSCAPE – Closed session

The Chair welcomed Mark Sedwill, the Permanent Secretary for the Home Office. The Permanent Secretary thanked members for providing him with the opportunity to speak. He explained that he has concentrated on the unifying purpose across the wide Home Office operational community - to keep our citizens safe and our country secure. He talked about the domestic focus, an international dimension and a growth of cybercrime and fraud. The Home Office and Law Enforcement will respond to these through the integration with partners on a local and international level. Additionally, the Prime Minister is continuing to emphasise the importance of dealing effectively with Domestic Abuse. It is important to get our systems to have the capability to work on all of these areas. The Permanent Secretary said there are regional workshops taking place looking into how we tackle vulnerability, improving resilience and reducing threat. Resilience will remain a local issue - identifying individuals, identifying the correct interventions both using data and analytics and working with other agencies (e.g. health and social care). In terms of tackling the threat, this needs to operate at a regional, national, international and cyber (borderless) level. He gave examples of some risk areas such as modern slavery, human trafficking, online sexual abuse and

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grooming and traditional commodity trafficking. He explained that local interventions, specialist and integrating capabilities will be required. The Permanent Secretary emphasised the need to develop tool kits when dealing with these types of problems or jurisdictions and consider disruptive tools rather than just criminal justice tools. We are going to have to develop links with our international networks including intelligence and security agencies. From this key areas are as follows:

Mutual recognition - mutual legal aid treaties with other countries, recognising other countries’ criminal justice systems, asset seizure processes, arrest warrants etc.

Data Sharing – common data platforms such as ECRIS, CIS 2, passenger’s recognition, records, DNA data etc.

Operational Collaboration - pooling intelligence and working together to disrupt networks. There will be a white paper from the Government outlining further details regarding Brexit. The law enforcement and security relationship with EU remains central to the UK position. Legal instruments will need to be amended and we are the biggest contributor of intelligence in the EU and want to continue this. There are three issues for the Home Office: a) Borders and Immigration b) Law Enforcement and National Security c) Ireland – economic/social integration The Permanent Secretary explained that the Prime Minister wants the UK to operate at a global level – there will be more trade and more movement therefore law enforcement, immigration and security architecture needs to be in place. An important part of these plans will be expanding the UK policing brand internationally and this should be part of police leadership capability. There was a discussion on the following points:

The HMIC assessment process.

The IPCC investigation.

Issues of capacity and capability specifically around detective numbers 14. DURHAM ORGANISATIONAL CLIMATE SURVEY

The Chair asked Council to note this update from CC York and endorse the standard survey offer (see page 2). This was agreed. A question was raised regarding a Freedom of Information request seeking staff survey results. Action: ACC Jo Farrell and FOI officer Sherry Traquair to discuss and progress.

15. POLICE LEADERSHIP: GUIDING PRINCIPLES

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CC Marshall gave an overview of the paper and stated this work has gone through a comprehensive consultation process. He explained they have received positive feedback and that it should complement the leadership review. He provided Chiefs with an opportunity to provide feedback and explained it is an approach the HMIC will use during inspections. There was a request for clarification around the wording ‘action plan’ Additionally there was a request for clarification on the issue of direct entry and the assessment of leadership principles and CC Marshall will confirm this position at the next Council meeting.

16. PRESENTATION TO JOE HOLNESS: NATIONAL POLICE MEMORIAL

The Chair thanked Joe Holness for his outstanding work and presented him with a commendation award.

Day 1 End

Day 2 09:00-13:00 26th January 2017 - Police Federation HQ, Surrey

The chair welcomed everyone and said that the two outstanding items would come first.

17. IMPROVING WORKFORCE REPRESENTATION - CC Gareth Wilson

CC Ian Hopkins gave an update on his current work on an action plan to further improve BAME representation in policing. CC Gareth Wilson explained that there is a far wider issue and he is working on a strategy to ensure police culture appreciates difference, supports all staff, adapts to different people’s needs and is fair to all. CC Giles York explained there is an advert for a lead for workforce representation and diversity and this will role will work across all of the portfolio groups. There was a discussion and the following points were made:

1) BME progression for senior positions demonstrates a lack of improvement including the

rest of the protected. 2) Engagement with Staff Associations and ensuring they are supported 3) Interdependencies: looking at diversity with an intersectionality lens, using a matrix

approach over the cross cutting themes over the range of NPCC strands, 4) How we support and retain staff from a diverse background 5) Sharing good practice on attracting our target groups, mapping what has already been

done and what needs to be done. 6) Internal Culture: need to consider what police behaviour and cultures attract

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communities to join the police. 7) There is a priority for recruitment of those with a BME background but targets were not

a useful driver CC Wilson explained that the review of the structure and strategy will ensure that there will be representation across all the committees and structures in the NPCC and have the ability to influence across these committees. CC Wilson stated some protected characteristics such as LGBT, Disability and Religion are not being recorded because people do not feel confident to declare their diversity status and therefore we are missing this information. A discussion took place around the following issues:

Methods should be adopted to make the relevant changes and achieve a representative workforce.

Understanding why young people don’t want to join the police .

The challenge is about effecting the whole internal culture to behave differently and to avoid alienating communities.

The workforce profile is difficult to change with limited recruitment for both police officers and staff.

Leadership is critical.

HR challenges including recruitment, retention and progression.

The chair confirmed that CC Wilson will lead on the broader diversity strategy to be completed in July and CC Hopkins is developing a workforce plan for 29 March. The Chair asked if Chiefs agreed that a substantial bid for transformation should be made to progress this issue and this was supported.

18. CoP – Licence to Practice

CC Alex Marshall introduced this item and explained that demand in complex public protection work has increased over the last five years and is likely to increase further. There is a need for the College to ensure people in these roles have been appropriately trained and developed and then accredited through a licence to practice in that specialism. S36(2)(b)(ii) and S36(2)(C) The College of Policing have held consultation events with forces. CC Marshall asked Chiefs for their feedback on licence to practice in high risk areas. From the discussion, there was general support and a number of points were raised:

Licence to practice model could be applied across the whole workforce to professionalise policing

Potential loss of flexibility for chiefs in moving officers between roles. CC Marshall confirmed there was a clause that ensured chiefs flexibility to deal with operational demand was built into the proposal

Managing training abstraction.

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This is part of the wider workforce reform that aims to ensure that officers and staff are recognised and rewarded for their contribution and professional skills.

19. BREXIT

s23(1) 20. INVESTIGATORY POWERS IMPLEMENTATION

DRIPA JUDICIAL REVIEW - closed The Chair asked Chiefs to note the contents of the papers and explained that the legislation has been passed. CC Mick Creedon summarised the main points in the paper and explained the legislation is modern and takes account of technology. It also places some constraints on policing which Chiefs need to be aware of. 1) Establishment of the IP commission will become the additional safe guard. 2) Complexity about commission where it will be located the size etc. 3) This is an independent body 4) There is a new offence of obtaining communications data The three areas that need to be developed are the following:

Training

Communication

Understanding the tactical implications CC Creedon explained the area which is new within communication is ‘Equipment Interference’ and there is a structure in place as well as funding. There is an implementation plan and this will be delivered by April 2018. CC Creedon stated the paper is to reassure Chiefs there are now structures in place, training products being developed and he welcomed questions from the floor. CC Alex Marshall said he supported the work and thinks that professional oversight is important but asked that this be done with a joined up approach. A summary was provided on the DRIPA judicial review: It was explained this review brings more risks and challenges than just the legislation changes. The background to this was in 2014 our data retention was deemed unlawful in terms of compatibility with European Legislation. There will be a court of appeal due to be heard on the 22nd of March this year. A meeting took place on the 6th of February to discuss the legal approach and the following points were raised:

The ruling stated that forces can only apply communication data for serious crime and this will affect DVI and identification.

A requirement for a completely independent body dedicated to authorising communications data to service the demand. It is estimated that approximately 60

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people may staff this and there is no costing for this.

Retention regime – Forces could be restricted on the amount and type of data that is retained and this could affect historic cases.

Notification – there now is a requirement that the individual needs to be notified data is being reviewed.

Cross authorisation has been tested and although not fully compliant, it is robust.

May need to consider public messaging and the consequences for policng.

This doesn’t effect communication applications for interception warrants. 21. COURT REFORM

S36(2)(b)(ii) and S36(2)(C)

22. UNDERCOVER POLICING INQUIRY - closed

Chiefs were asked to note the current developments as described in the update paper.

CC Creedon stressed the importance of the inquiry and stated he would provide a brief update on Operation Eltern.

Operation Herne this is mainly a Met issue and there is an outstanding court of appeal S31(a)(b). The circulated paper outlines what chiefs have agreed in the past and the following points were summarised:

The CP status and legal support, the growth of the co-ordination team, recognising that the each Force will manage its own costs and finally the disclosure redaction protocol.

It was explained that the SDS was a unit in the MPS and there were relatively few problems. The NPIU was different although this was managed by the Met and ACPO. All Forces are being reviewed and the main issue is the documentation and data requirements are vast. Additionally, there are risks to operatives and these needs to be considered. The Herne unit inside the MPS is progressing well but there are staffing number issues and an update paper will be brought back to Council in April.

S31(1)(a)(b)

The IPCC issuing s9 requirements on serving or retired officers was raised and the challenge is the IPCC expect to receive information but will not reciprocate with their information about any officers or support staff who they may require information. There are complexities in this – such as welfare, legal support and risk assessments.

Additionally, an issue was raised around who will be responsible for the cost for each officer. The costings are currently based on the force where the officer is employed and forces who

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were supportive of giving up officer to the NPIU will have to pay more of the costs. The IPCC haven’t given clarity on how they want the risk assessment to be carried out, on mutual aid and legal support. Forces need to be aware that this inquiry will generate large costs and this could impact heavily on Forces budget. The following issues and observations were discussed:

Chiefs felt that the inquiry was increasingly assertive. The MPS has had S31(a)(b) rule 9 requirements and given a month to respond. They also have received a rule 9 against one of the risk assessors. These requests have resulted in more resource to manage these requests.

There was a frustration that forces are having to use budgets on historical problems rather than current demand. The scale of inquiry in terms of documentation is looking at 16 million documents and this may increase.

It was suggested clarity was required around the risk management process and welfare guidance for those who have submitted an anonymous application. Additionally, there was confusion over which Force would absorb the costs in circumstances where staff were seconded on a mutual aid basis, legal costs and again clarity on the section 22 agreement and who will support the resource requirements for rule 9 requests.

There was a request for putting forward a plan for the managing the potential costing that would be incurred from this inquiry. Action: A paper to be presented at the April Council meeting

23. EMERGENCY SERVICES MOBILE COMMUNICATIONS PROGRAMME – closed

S43(2)

24. BUDGETS

25.1 NPCC Budget The Chair explained that they have kept contributions at the same levels – detailed on page 2 and the contributions section in appendix 1. This was agreed. 25.2 ACRO Budget The Chair explained that this budget came from contributions from Forces and certificate. The contribution from Forces is approximately £2.8 million but there will are reserves of 1 million to reduce the cost to forces to £1.8 million. This was agreed. 25.3 NPoCC Budget

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The Chair explained that they have kept contributions at the same levels Clarification was given on the consultancy expenditure and the level of ranking which was reduced last year. This was agreed. 25.4 Wildlife Budget

The Chair explained that the contribution from Forces was a relatively small. This was agreed. Action: Chris Sims and Tim Metcalfe to circulate specialist capabilities project senior manager role on Chiefs Net.

25. ANY OTHER BUSINESS

The Chair reminded Chiefs that Commissioner Bernard Hogan-Howe retirement book had been circulated.


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