Custody Transformation - Target Operating Model (TOM)

Custody Transformation is part of a wider sequence of transformative events that will collectively deliver a modern, professional, efficient, safe, and highly effective custody service fit for the 21st Century.

The overarching aim of Custody Transformation is to safeguard the most vulnerable, work in partnership to reduce offending and help to make London the safest global city. Custody must adapt to a new environment where alternatives to arrest and detention are more prevalent, where demand for custody services has decreased, and where alternative approaches to progressing investigations require development.

This decision seeks approval to progress the custody Target Operating Model (TOM) transformation.

The Deputy Mayor for Policing and Crime is recommended to approve:

• An improved and efficient approach to custody and associated services that will deliver net savings of £2.940m against the Medium Term Financial Plan (MTFP) in 2019/20 rising to £4.787m pa from 2020/21.

• It will include:

o An officer reduction of 41 posts and staff reduction of 48 Designated Detention Officers (DDOs) and 11 custody nurse practitioner posts from 2019/20 to release £3.343m in savings.

o The use of £1.083m from savings to fund one off costs of refurbishing custody suites (£0.765m) and implementation of Electronic Medical Record System (EMRS) (£0.318m);

o An increase in officer and staff overtime budget against Medium Term Financial Plan (MTFP) by £1.353m and £0.808m pa respectively from 2019/20.

1. Introduction and background

1.1 The Metropolitan Police Service (MPS) faces a number of significant challenges to achieve its mission to make London the safest global city in the world. The organisation needs to be able to continuously adapt to changing crime patterns, changing demand and the needs of London within a restrictive financial environment.

1.2 Therefore, the transformation of custody services must be delivered in the most efficient and cost-effective way possible. These changes must also be aligned to wider transformation programmes within the MPS and its Criminal Justice Partners.

1.3 Custody transformation must support both the MPS and National Police Chief Council (NPCC) National Vision for the future of Police Custody:

a. MPS Vision: To develop a transparent custody operation that is safe, effective, efficient and consistent across London

b. NPCC Vision: Develop a transparent, safe, effective and efficient custody model through a nationally consistent approach to new initiatives, new investment and improved practice.

1.4 The custody transformation aims to deliver:

• A new Custody Estate of 23 Suites & 8 Contingency Suites to maximise efficiency and ensure greater alignment to the Basic Command Units (BCUs).

• A revised staffing model that is more in line with current demand.

• An improved in-house healthcare model.

• An enhanced HQ function that draws together Core Custody & Forensic Healthcare providing a more efficient and holistic approach.

• The development of non-custodial options for progressing investigations, identifying how and where these can be developed, and where policy or procedures need to be updated to meet current demands.

• Opportunities for diverting offenders through diversionary activity.

• technological advances and the introduction of new equipment

2. Issues for consideration

2.1 Custody Demand: The number of detainees within MPS custody suites has been declining for a number of years with the number of arrests reducing by 54% since 2008. The MPS has signed up to National Custody principles that seek to use custody only when necessary. Predicting future demand is challenging and projected detainee throughput was based on the average yearly decrease of 8%. There is a possibility that the trend in falling demand will not continue and the number of arrests and therefore detainee throughput will start to increase.

2.2 Future Structure: Met Detention will remain a separate standalone command aligned to BCU boundaries. This will ensure that custody services remain consistent and professionalism is maintained.

2.3 Estate & Establishment: As part of the full custody transformation project options for custody suites and post reductions have already been identified and approved. Met Detention have already removed a number of posts and reduced the number of custody suites from 32 to 26.

2.4 Despite these reductions the MPS recognises that there are further opportunities to rationalise the estate and establishment to improve efficiency and reduce costs. The new Custody Estate Model will consist of 23 ‘24/7’ Custody suites and eight contingency suites aligned to new BCU boundaries.

2.5 Travel times to suites will increase for four of the 12 BCUs. In most cases there is a very high proportion of the BCU that is covered based on average 30 minute peak travel time. The South Area BCU does have some areas outside of this radius.

2.6 Healthcare: Current Healthcare provision is of a good standard but has not been reviewed since 2013. The new Healthcare model has allowed for a comprehensive review of principles, assumptions and limitations. The revised Healthcare Model includes 21 suites with ‘24/7’ embedded Custody Nurse Practitioners (CNP), 2 suites with CNP’s roaming between the sites and requires 2 Forensic Medical Examiner (FME) areas. This will maximise the number of locations benefiting from enhanced healthcare.

2.7 An Electronic Medical Records System (EMRS) will also be procured at a future date.

2.8 Mental Health Provision in Custody: Met Detention have appointed a Mental Health lead to review current practices and address issues relating to conducting mental health assessments and sectioning detainees in police custody.

2.9 Liaison & Diversion in Custody: The MPS works with NHS England who provide L&D practitioners (Nurses and academic practitioners) across all Met custody suites bringing specialist independent professional advice and a consistency of approach across the capital. The focus is on custody vulnerability and identifying mental health in custody. This has led to an increase in the total number of people being identified as having vulnerabilities - such as mental health needs, substance misuse and learning disabilities.

2.10 To improve diversion schemes available in custody, custody managers will work with the local BCU Partnership and Prevention hubs to maximise awareness and use of available diversion schemes.

2.11 Voluntary Attendance: Progressing investigations for a wide range of offences can take place without the need for arrest. Officers have recognised that a non-custody approach can be more convenient and efficient than the custody alternative.

2.12 There are however risks to this approach. Practices within custody that are designed to ensure the safety of suspects, protect their rights, and protect the public have been developed over many years through continuous improvement, inspection & review, and learning from adverse incidents. Many of those practices have been integrated into I.T systems or are otherwise automated, and the custodians of those processes are dedicated custody professionals with specific training.

2.13 Nearly all of the custody safeguards must be (either legally or morally) equally applicable to suspects who are progressed outside of custody yet there is currently no National guidance for officers in relation to what those safeguards are, or how they should be applied.

2.14 The TOM will allow for the development of non-custodial options for progressing investigations, identifying how and where these can be developed, and where policy or procedures need to be updated to meet current demands

2.15 Appropriate Adult (AA) provision: The primary factor behind the lack of national guidance is the absence of statutory responsibility on any agency to provide AA services for vulnerable adult suspects. (Statutory responsibility for juveniles sits with Local Authorities). The proposed solution is for local councils to continue with the commissioning of AA services with the MPS and NHS each contributing to assist in funding the provision of AA for vulnerable adults.

2.16 This specific approach to AA provision was the subject of decision (PCD 565) which was signed by the DMPC in April 2019.

3. Financial Comments

3.1 An improved and efficient approach to custody and associated services will deliver net savings of £2.940m against the Medium Term Financial Plan (MTFP) in 2019/20 rising to £4.787m pa from 2020/21.

3.2 The major savings achieved against the MTFP in 2019/20 are £3.166m in officer pay from a reduction of 41 officer posts and £0.177m staff pay from a reduction of 48 DDO and 11 custody nurse practitioner posts (total of £3.343m).

3.3 Identified savings will fund one off costs of £0.765m to refurbish custody suites (Bexley & Stoke Newington) and £0.318m for the purchase and implementation of an Electronic Medical Record System (EMRS).

3.4 Savings will also fund an increase in officer and staff overtime budget against the MTFP of £1.353m and £0.808m pa respectively from 2019/20.

3.5 Decision PCD 565 has already dealt with the new approach to AA provision. This will see funding arrangements shared across the MPS, Local Authorities (LAs) and NHS. Excluding the LAs, the annual budget to initiate this approach is £480,000. This will be funded through equal contributions from NHS England and MOPAC via the MPS. Therefore, a new budget of £0.24m per annum is required for this purpose.

3.6 The £0.240m MPS yearly contribution will be off set against the savings identified within the Custody TOM.

4. Legal Comments

4.1 The MPS Directorate of Legal Services was consulted as part of the assurance process and no concerns have been raised to date.

4.2 The Police and Criminal Evidence Act 1984 and its statutory Codes of Practice (PACE codes C & G plus other relevant sections) were consulted for guidance and legal obligations in providing Appropriate Adult provision and Voluntary Attendance.

4.3 Vulnerable individuals are considered in law to be at significant risk of various forms of poor treatment, abuses of power and ineffective participation in the process. To reduce these risks, whenever police officers treat such a person as a suspect, whether detaining them in custody or asking them to attend a voluntary interview, they are required by law to contact an Appropriate Adult (AA) and ask them to attend.

4.4 Under Schedule 3 Paragraph 7 of the Police Reform and Social Responsibility Act 2011 (“2011 Act”) MOPAC may enter into contracts and other agreements (whether legally binding or not), which are “calculated to facilitate, or is conducive or incidental to, the exercise of the functions of the office”.

4.5 Paragraph 4.8 of the MOPAC’s Scheme of Consent and Delegation provides the Deputy Mayor for Policing and Crime with delegated powers including:

• Business cases for revenue or capital expenditure of £500,000 and above.

• Budget virements or movements of £500,000 and above, (whether on a temporary or permanent basis).

• Bids for grant funding made and all offers made of grant funding; and/or where appropriate a strategy for grant giving.

5. Commercial Issues

5.1 Contained in the restricted section of the report.

6. Public Health Approach

6.1 The provision of effective custody facilities, integration of medical professionals, identification of those who are vulnerable and provision of appropriate adults are all instrumental in preventing and mitigating the impact of violent crime.

7. GDPR and Data Privacy

7.1 The MPS is subject to the requirements and conditions placed on it as a 'State' body to comply with the European Convention of Human Rights and the Data Protection Act (DPA) 2018. Both legislative requirements place an obligation on the MPS to process personal data fairly and lawfully in order to safeguard the rights and freedoms of individuals.

7.2 Under Article 35 of the General Data Protection Regulation (GDPR) and Section 57 of the DPA 2018, Data Protection Impact Assessments (DPIA) become mandatory for organisations with technologies and processes that are likely to result in a high risk to the rights of the data subjects.

7.3 The Information Assurance and Information Rights Units within MPS will be consulted at all stages to ensure PEQF implementation meets its compliance requirements.

7.4 The procurement and implementation of an EMRS system for healthcare in custody is currently on hold following a breakdown in the supply chain. Once the choice of EMRS system is confirmed and a supplier has been identified a DPIA will be completed and submitted as it is recognised that personally identifiable information regarding members of the public will be used.

8. Equality Comments

8.1 Under Section 149 of the Equality Act 2010 (the Equality Act), as a public authority the Deputy Mayor/MOPAC [and Commissioner] must have due regard to the need to eliminate discrimination, harassment and victimisation, and any conduct that is prohibited by or under this Act; and to advance equality of opportunity and foster good relations between people who share a protected characteristic and those who do not. Protected characteristics under the Equality Act are age, disability, gender re-assignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and marriage or civil partnership status (the duty in respect of this last characteristic is to eliminate unlawful discrimination only).

8.2 The MPS has completed an Equality Impact Assessment (EIA) of the TOM.

8.3 Operationally there are a range of potential considerations concerning the age, disability, gender reassignment, pregnancy & maternity, religion and gender of detainees. No negative impact is anticipated, the proposed changes intending to enhance service provision. Furthermore, new guidance around Voluntary Attendance is expected to enhance risk assessment and lead to more sound decision making.

8.4 Staff and Officers will be affected by suite closures and internal re-structuring as a result of changes to their working location and shift pattern etc. Those processes are being managed through highly developed corporate HR processes which are designed to safeguard against breaches of the Equalities Act, and have themselves been subject to EIA.

9. Background/supporting papers

9.1 IAM Part One - Custody Target Operating Model