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ANNUAL REPORT 2003/2004

M ULTI

A
GENCY

P
UBLIC

P
ROTECTION

A
RRANGEMENTS
MAPPA ANNUAL REPORT

2003/2004

Foreword

This is the third Annual report in respect of the Multi Agency Public Protection Arrangements that
are in place in Cheshire. This report reflects the increasingly close co-operation between the Police
and Probation Services as the Responsible Authority for MAPPA, and those other agencies who
have a duty to co-operate with us to achieve the goal of protecting the public from those offenders
who commit sexual and violent offences. We also welcome the Prison Service as the third arm of
the Responsible Authority from 1st April 2004.

The report details the requirements on the Responsible Authority to manage those offenders who
have completed their prison sentences and therefore must be released back into the community.
The resettlement of such offenders, some of whom still pose a significant risk of re-offending, can
only be safely achieved by all relevant agencies working together.

In this report there are anonymised case studies that are examples of this close working together and
the ways in which this benefits the community.

Statistics show that Cheshire remains one of the safest places in England and Wales in respect of
serious crime, but figures are only part of the story. We recognise that being a victim of crime can
be a shattering experience with long term consequences. Thus it is our aim to continue to reduce
wherever possible the numbers of victims of crime and to support and keep informed those who do
become victims of serious sexual or violent offences.

It is our intention to continue to dedicate staff and other resources to the safe management of those
offenders who come under MAPPA. As the Responsible Authority we will also continue to engage
the assistance of those agencies best placed to help us with this task.

Peter Fahy Steve Collett


Chief Constable Chief Officer
Cheshire Constabulary National Probation Service
Cheshire Area

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Her Majesty’s Prison Service contributes to the protection of the public by keeping in custody those
offenders committed by the courts and working to reduce the risk they pose. It does this by:

• Identifying and risk assessing those individuals who present a risk to the public.
• Designing and implementing sentence plans, based around the OASys system, which are
designed to reduce the risk individuals pose before they are released.
• Sharing information with other agencies during custody and immediately prior to release.

While in custody, offenders are able to access a range of interventions aimed at addressing
offending behaviour including sex offender treatment programmes, cognitive skills programmes
and substance misuse work as well as a wide range of resettlement activities related to
accommodation, employment and education.

From April 2004, the Prison Service will join the Police and Probation Services in Cheshire as part
of the Responsible Authority – those agencies with a statutory duty for protection of the public.

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THE MULTI-AGENCY PUBLIC PROTECTION ARRANGEMENTS (the
MAPPA)

The National Context

Sexual and violent offences are dreadful crimes that deeply affect the lives of victims and their
families and inspire fear in local communities. Their impact can be profound and long-lasting,
leaving victims feeling unsafe even in their own homes. The Government regards tackling sexual
and violent crimes as one its highest priorities. Having set up the MAPPA in 2001 – which provided
for the first time a firm statutory basis for the work police and probation jointly undertake to protect
the public from sexual and violent offenders - it has in the last year done a great deal to strengthen
the MAPPA and the wider public protection framework.

Strengthening the MAPPA

The national development of the MAPPA has concentrated on preparing to implement the MAPPA
provisions of the Criminal Justice Act (2003). These provisions came into force on 5th April 2004
and help strengthen the MAPPA by:

(i) making the Prison Service part of the ‘Responsible Authority’ with police and probation;
(ii) formalising the involvement of other agencies which can make an important contribution to
helping offenders not to reoffend - the Act imposes a ‘Duty to Co-operate’ with the
Responsible Authority MAPPA upon:

‰ Local authority Housing, Education and Social Services


‰ Health Service bodies
‰ Jobcentres Plus
‰ Youth Offending Teams
‰ Registered Social Landlords which accommodate MAPPA offenders, and
‰ Electronic Monitoring providers

(iii) The appointment by the Home Secretary of two members of the public (‘Lay Advisers’) in
each Area to assist in monitoring the effectiveness of the MAPPA.

Work on the duty to co-operate has been taken forward by two separate and complementary
initiatives. First, in many areas the duty to co-operate formalises what has already begun to be
established as good practice. The statutory basis of the duty will help ensure a more consistent
engagement of all these agencies across England and Wales. Secondly, the relevant Central
Government Departments and the Welsh Assembly have been involved in developing the Guidance
which the Home Secretary issued on the duty to co-operate. The reform of the way in which child
protection is organised, following the public inquiry into the tragic death of Victoria Climbie, will
reinforce the importance of effective joint working between different agencies which the MAPPA
has itself promoted.

The introduction of an element of public scrutiny of this often complex and sensitive area of public
protection, through the appointment of two Lay Advisers in each Area, has been carefully and
successfully trialed and evaluated. As Home Office Minister Paul Goggins said:

“Lay Advisers will play a vital role…We are committed to giving them not only an
insight into how this work is carried out but, more importantly, an opportunity to
question what is being done and why.”

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Other legislative measures

In addition to this work to strengthen the MAPPA, the Government has also begun to strengthen
other statutory provisions, the most significant of which the Sexual Offences Act (2003) and the
measures to introduce new sentences for ‘dangerous’ offenders which will keep them in custody
until they no longer pose a serious risk to the public.

The Sexual Offences Act overhauls the many antiquated sexual offences and plugs loopholes in the
law. In updating sexual offences, it strengthens the law on rape and on sex offences against
children. It introduces new offences of ‘sexual grooming’ and extends the protection from
exploitation in prostitution or pornography to children up to the age of 18. For the first time, it will
be an offence to buy sexual services from a child below this age, targeting those who abuse children
in this way.

The Sexual Offences Act also strengthens the sex offenders register, which has proved a valuable
means by which the police can monitor convicted sex offenders within their area, and introduces
new civil orders to help prevent further offences from being committed.

The focus on Victims

In addition to all this work to tackle offenders, the Government has rightly placed much greater
emphasis upon meeting the needs of victims. The Victims of sexual offending are identified as a
priority group within the National Victims and Witnesses Strategy. This strategy which was
published in July 2003, aims to improve support and protection for victims and witnesses by:

• reducing the adverse effects of crime on victims and witnesses, and preventing secondary
victimisation;
• encouraging more victims and witnesses to come forward; and
• by offering more options to victims and witnesses, including alternatives to attendance at court.

These initiatives will help toward another key Government target, that of improving public
confidence in the criminal justice system.

The Government is underpinning this work in its Domestic Violence, Crime and Victims Bill which
is currently going through Parliament. It will create a new independent post of Commissioner for
Victims and Witnesses to be a champion/voice for all victims of crime and a new statutory Victims’
Code of Practice (to be implemented in April 2005) which will build on the existing Victims’
Charter and set out specific responsibilities that each criminal justice service agency and Victim
Support must provide to victims.

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HISTORY OF MAPPA
Since the implementation of the Sex Offenders Act 1997 there has been an increased level of co-
operation between several agencies, the key ones being Police, Probation and Social Services. This
Act ensured the registration of Sex Offenders and the effective risk management of them through
regular meetings involving key agencies. Given that the housing of these offenders was often a key
element to effective risk management, Housing Departments also played a key part and worked
closely with the Police in identifying suitable housing.

Very high risk offenders, where agencies assessed there was an imminent likelihood of harm being
caused, were managed through a Multi-Agency Public Protection Panel (MAPPP), in some areas
called a Multi-Agency Risk Panel (MARP). The personnel involved would include various prison
staff, including psychologists; Criminal Justice Liaison Nurses – who are Community Psychiatric
nurses; Victim Liaison staff as well as Social Services, Probation and Police. The expectation was
that those who attended these meetings were senior staff and able to commit their agencies to the
required resources to effectively manage these ‘critical few’ offenders.

The success of this co-operative working and the need to ensure the protection of the public from
other violent offenders resulted in MAPPA (Multi-Agency Public Protection Arrangements) which
is embedded within Section 67(6) of the Criminal Justice and Court Services Act (2000).

The MAPPA were introduced in April 2001 and the Responsible Authority – those responsible for
its effective implementation and evaluation – were the Police and Probation Services. In April 2004
the Prison Service joins the Police and Probation Services as part of the Responsible Authority.

How did MAPPA develop?

• Phase 1 (April 2001 – Autumn 2002); the setting up of the MAPPA, which because they built
upon the inter-agency co-operation that the Sex Offender Act (1997) prompted, began prior to
their formal inception in April 2001;
• Phase 2 (Autumn 2002 – January 2004); distilling the learning from the first year’s operation
and the first annual reports, preparing and implementing the Guidance;
• Phase 3 (January 2004 – Annual Reports 2005); preparing and then implementing the ‘duty to
co-operate’ and ‘lay adviser’ provisions contained in the Criminal Justice Bill

Where are we now?

MAPPA is a three tier risk management process.


• LEVEL 1 - Offenders are managed by a single agency and risk management plans agreed and
implemented within the single agency
• LEVEL 2 - Offenders whose risk management is dependent upon the active participation of
other agencies and who can be managed locally and whose risk is not imminent will be
managed through the Local Risk Management Meetings (LRMM)
• LEVEL 3 - The ‘Critical Few’ those high risk offenders who pose a likelihood of imminent
harm, whose management requires greater resources than can be obtained locally or who,
because of media interest, need to be managed in such a way as only very senior members of
agencies involved in the management of the risk make the necessary decisions

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The Duty to Co-Operate

The management of dangerous offenders requires a number of agencies to be involved in


determining an effective risk management plan and so the following agencies now have a duty to
co-operate with the Multi-Agency Public Protection Arrangements.
• Local Authority Social Services
• Primary Care Trusts, other NHS Trusts and Strategic Health Authorities
• Jobcentres Plus
• Youth Offending Teams
• Registered Social Landlords which accommodate MAPPA offenders
• Local Housing Authorities
• Local Education Authorities
• Electronic Monitoring providers

Management

The Strategic Management Board (SMB) is responsible for overseeing the MAPPA in each area and
its members are senior staff within the services who constitute the Responsible Authority and those
agencies with a Duty to Co-Operate.

In September 2004, two ‘lay advisers’ will be appointed to the SMB.

“I am a representative on the Strategic Management Board and have attended a


number of MAPPP meetings. I can say that these meetings have always been helpful as
they ensure that all requested agencies attend and participate. The process is at least
reassuring and at best allows all agencies to plan ongoing interventions that are
required. I think that other agencies such as the DSS and Housing have felt supported as
it allows them to link in with statutory agencies and be assured that plans are in place to

manage dangerous people in their communities. ”


Health Service Manager

Victims

The purpose of MAPPA is to protect those who have already been victimised and to prevent, where
possible, other persons becoming victims. To these ends, the views of victims are given, when
appropriate, to those involved in the risk management and this can ensure appropriate licence
conditions being imposed upon someone being released from prison, appropriate housing being
offered to offenders and an understanding of other issues that should be considered within the risk
management plan.

“The desirable outcome of MAPPA is effective risk management.


However this should not be understood as ‘zero risk’ as this position can
never be achieved… Risk management should be understood as harm
reduction either through the reduction of the likelihood of a risk
occurring or the reduction of its impact should it occur.”
Professor Hazel Kemshall

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MAPPA Structure

The following Agencies and Partnerships contribute to the Strategic Management Board for
Cheshire.
• Cheshire Constabulary. ) The Responsible
• National Probation Service, Cheshire Area ) Authority
• Prison Service
• Cheshire and Wirral Partnership NHS Trust
• Cheshire, Halton and Warrington Primary Care Trusts
• Halton, Warrington and Cheshire Social Services Departments
• Halton, Warrington and Cheshire Youth Offending Teams
• Chief Housing Officers
• Cheshire, Halton and Warrington Local Education Authorities
• Cheshire Fire Service
• 5 Boroughs Partnership NHS Trust

The Board has the responsibility to oversee the management of dangerous, violent and sex
offenders in the community in Cheshire. The day to day management of this falls to the
Responsible Authority, i.e. the Police and Probation Services, soon to be joined by the Prison
Service. A full time Public Protection Manager and the MAPPA Co-ordinator, a post that is jointly
funded by Police and Probation, ensure that the various levels of MAPPA function properly.

Why should a Social Worker or anyone in the Public Sector accept violence and
aggressive behaviour?

“ZERO TOLERANCE, that is what we are now able to ensure thanks to the MAPPA
process and the response from all those involved. We in Social Services should not
accept threats and violence toward our staff, indeed no-one in the Public Sector should
be subjected to these.

With the support of the MAPPP meeting and the assistance of the Police and our own
staff we have been able to manage a very dangerous person in such a way that staff
were no longer afraid of taking the appropriate steps to ensure that this person was
prosecuted.

Although his receiving a lengthy prison sentence may not be the real success we had
maybe hoped for it has allowed us more time to develop an appropriate strategy for
when he is released and it has sent out a clear message to people that we will not be
abused and not respond.

Thank you to all those who helped us in this case.”

Social Services Mental Health Manager

There are 3 levels of management of offenders under MAPPA:


• Level 1 - Single Agency Supervision
• Level 2 - Local Risk Management Meeting
• Level 3 - Multi-Agency Public Protection Panel

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Level 1

These are likely to be low or medium risk cases where the lead agency is confident, following risk
assessment, that they can supervise the offender safely in the community without the active
participation of a partner agency.

Level 2

These cases will be of higher risk where the risk assessment indicates that more than one agency
will need to be active in the supervision of the offender. The agencies will meet at least monthly to
discuss the latest developments in the case and to determine the risk management plan and the
specific actions needed for the safe management of the offender in the community.

Level 3

These cases are also known as the “Critical Few”. These will be the highest risk cases where re-
offending would mean a serious risk of physical or lasting psychological harm to the victim. Senior
managers from the partner agencies would meet as necessary to co-operate in the provision of
resources and agree risk management plans and individual actions. For these cases it is likely that
the level of resources needed would not be available at a local district level but would need to be
authorised at county level. Such cases are also notified to the Public Protection Unit at the Home
Office and national resources may also be accessed.

Summary of Roles and Responsibilities


Joint Assessment

The Police and Probation Services in Cheshire have a responsibility to make arrangements for the
joint assessment of risks posed by people sentenced to 12 months imprisonment or more for violent
or sexual offences.

All sex offenders in this category are liable to registration under the Sex Offenders Act. Adult male
offenders are assessed using the Risk Matrix 2000 framework (a structured assessment that predicts
the likelihood of a sex offender committing a further sexual offence) and discussed in Sex Offender
meetings on a monthly basis. Female and adolescent Registered Sex Offenders are also considered
and assessed at these monthly meetings.

All prisoners serving 12 months or more for violent or sex offences are assessed by the supervising
Probation Officer using OASys - a comprehensive structured risk assessment that not only identifies
the level of risk and the likelihood of re-offending but also identifies those problems which the
offender has that are related to their criminal activity. Any assessment of high risk is shared with the
Police and very high risk offenders considered for Multi-Agency Public Protection Panel meetings
using the agreed protocol.

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Joint Management

Registered Sex Offenders and high risk violent offenders are dealt with by way of at least monthly
Local Risk Management Meetings, chaired by the Police Divisional Crime Manager and local
Probation Manager. The standing attendance at these meetings includes the Local Probation
Manager and representatives from Social Services and the Youth Offending Teams. Other partner
agencies are invited to attend as required.

The most dangerous offenders are considered for management via the Multi-Agency Public
Protection Panel. Those meetings are convened by the Probation Public Protection Manager as and
when they are required, throughout the County, and always involve the Police Crime Managers and
at least one other partner agency manager who are or may become involved with the management
of the dangerous person.

Roles and Responsibilities

Social Services have been involved since 1997 with the development of protocols and play a key
role in the area of child protection, mental health and vulnerable adults.

Health in its various guises played a significant part in the development of the protocol and attend
meetings where their specific input is required.

Since their inception, Youth Offending Teams have played a full part in relation to young offenders.

Chief Housing Officers took responsibility for providing attendance at strategy and operational
meetings and take the lead role in co-ordinating the other housing providers.

Local Authority Education Departments have a specific role to play in relation to young offenders
still in education and the protection of children from adult predators.

The Prison Service has a critical role to play in providing information on dangerous offenders being
released from custody. Early information received from them assists in the planning for the
management of such offenders in the community. They will be part of the Responsible Authority
from April 2004.

Cheshire Fire Service have more recently joined the Multi-Agency group and will play an
invaluable role in advising practitioners on the management of those offenders who commit arson
and related offences.

DISCLOSURE

Information about sexual and violent offenders shared within the MAPPA meetings is confidential
to the agencies represented. There is a strong recognition of the detrimental impact that disclosure
of personal details may have on a convicted person trying to lead a normal life.

However, in certain circumstances, it may be necessary to disclose information about individual


offenders in order to protect victims, families or other members of the public. Before a decision to
disclose is made, the circumstances of each case are carefully considered and assessed.

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This assessment involves identifying the extent and nature of the risk posed by the individual, the
vulnerability of those who may be at risk and the impact of disclosure on the offender and the
victims.

The initial recommendation to disclose is normally made at a multi-agency meeting, with the
agreement of all the agencies represented. This recommendation is taken to an Assistant Chief
Constable in the Cheshire Constabulary and the Assistant Chief Officer (Risk) at the Probation
Service, who will make the final decision about what information can be disclosed and to whom.
Once the decision to disclose is made, Press Liaison Officers are consulted to ensure that the
disclosure is carried out in a way best suited to achieving the aims of public protection without
causing undue alarm.

In cases involving children, Social Services departments can also disclose information to certain
parties in order to protect vulnerable children. Social Services would normally seek to consult their
MAPPA partner agencies before disclosure, although if a child was thought to be at immediate risk
this might not always be possible.

Public protection is of paramount importance when considering issues of disclosure.

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A HAPPY ENDING

When an armed robber was about to be released, a MAPPP was convened, as there were serious
concerns about his mental health. He had also said, during his sentence, that he liked using firearms
as he enjoyed the fear he could generate.

In the past Mike had committed armed robberies whilst on home leave and within four weeks of his
being last released from prison.

Even the prison where he was serving his last months were concerned about him and previous
establishments had suggested that he would not be able to function in the community, even
suggesting that he would not be able to get from prison to wherever he would be living on release.

The MAPPP decided that Mike should live in an approved hostel, but this required extra staff hours
which were gained through the Public Protection Unit at the Home Office. The Prison were asked
and agreed to take him to the hostel, using up the time of two of their officers. The Criminal Justice
Liaison Nurse started to organise the involvement of mental health services in the area of the hostel,
and though there were some teething problems with this, the offender did receive the required
involvement from both the local services to the hostel and those of his ‘home’ area.

From the time he was released to the time he completed his sentence, Mike was prescribed
appropriate medication. He successfully completed eight weeks at the hostel without any serious
problems and he was then allowed to live with his father and sister. He was initially supervised on a
weekly basis by both his Probation Officer and the Criminal Justice Liaison Nurse.

Although he did use cannabis a few times, met with several of his old acquaintances he began to
value living in the community and not fear another term in prison. His relationship with both the
Probation Officer and the Nurse was so positive that his compliance was exemplary.

Although he is no longer supervised by the Probation Service, he has been maintaining his contact
with the Criminal Justice Liaison Nurse who now informs us that Mike intends to get married in the
summer. There have been no incidents, no concerns and now Mike is beginning a new life which he
says he enjoys and does not miss his old lifestyle.

For further information and contact details, please go to :

www.cheshireprobation.org.uk or www.cheshire.police.uk

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Statistical Information

1. Category 1 MAPPA Offenders: Registered Sex Offenders (RSOs)

i. The number of RSOs living in your Area on 31 March 2004 429

(a) The number of RSOs per 100,000 head of population 44

ii. The number of sex offenders having a registration requirement who 8


were either cautioned or convicted for breaches of the requirement,
between 1 April 2003 and 31 March 2004

iii. The number of full Sex Offenders Orders (a) applied for and (b) (a) 2
imposed by the Courts in your Area between 1 April 2003 and 31
March 2004 (b) 2

iv. The number of interim Sex Offenders Orders (a) applied for and (b) (a) 1
imposed by the Courts in your Area between 1 April 2003 and 31
March 2004 (b) 1

2. Category 2: Violent Offenders and Other Sexual Offenders

v. The number of violent and other sexual offenders (as defined by 335
section 68 [3], [4] and [5] of the Criminal Justice and Court Services
Act (2000)) living in your Area between 1 April 2003 and 31 March
2004

3. Category 3: Other Offenders

vi. The number of "other offenders" (as defined by section 67 (2)(b) of the 37
Criminal Justice and Court Services Act (2000)) between 1 April 2003
and 31 March 2004

vii. The number of Restraining Orders imposed on any MAPPA offenders 1


by the courts in your Area between 1 April 2003 and 31 March 2004

4. MAPPP Cases

viii. Identify how many MAPPA offenders in each of the three Categories RSO 9
(i.e. (i) – RSOs, (v) – V & O and (vi) – OO above) have been managed
through the MAPPP (level 3) between 1 April 2003 and 31 March V&O 13
2004
OO 2

ix. Of the cases managed by MAPPP (i.e. (viii)) between 1 April 2003 and
31 March 2004 how many, whilst still in the MAPPP:

were returned to custody for a breach of a licence (a) 6

were returned to custody for breach of a restraining order or sex offender order (b) 0

were charged with a serious sexual or violent offence (c) 0

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Cheshire Area