Cumbria

MULTI-AGENCY PUBLIC PROTECTION ARRANGEMENTS CUMBRIA ANNUAL REPORT 2003 – 2004

CONTENTS
1. Foreword 2. Who we are and what we do in Cumbria 3. Key achievements in Cumbria 4. How MAPPA works in Cumbria 5. The Strategic Management Board 6. Statistical Information 7. Contact details for more information

1. FOREWORD

Sexual and violent crimes deeply affect the lives of their victims and families, and inspire fear in local communities. The impact of these crimes can be profound and long lasting. The Multi-Agency Public Protection Arrangements (MAPPA) seek to ensure that procedures are in place to identify those offenders who may present a risk to the public, and assess and monitor their presence in the county. It is important that the public is aware of the efforts all agencies involved make to achieve this and have some idea of the processes concerned. The last year has seen further advances in the ways the MAPPA work and in the wider public protection framework, particularly following the provisions of the Criminal Justice Act (2003). Cumbria has been one of the pilot areas to use Lay Advisers on their Strategic Management Board. Lay Advisers are ordinary members of the public who have been recruited to serve on the Strategic Management Boards. Leo Finn is from Eden and Lynette Norris from Allerdale and they have added a new dimension to the work of the Board with their common sense approach and the objective view of people who work outside statutory agencies. They also open a complex and sensitive area up to public scrutiny. The concept of Lay Advisers is now to be introduced nationally to help monitor the effectiveness of the MAPPA. The Prison Service has always played a key role on the Cumbria Strategic Management Board and has worked closely with the other agencies down the years. The Service has an added impetus in that it is recognised by the Act as being part of the “responsible authority” with police and probation. This liaison helps ensure that before dangerous offenders are released, there is an awareness of where they will be staying and what risks they may still present. Other agencies can then make the necessary arrangements for monitoring and support which are required to successfully manage the offender after release. Other agencies are also vital to the process of helping offenders not to re-offend. Local Housing Associations and Authority Housing, Health Service bodies, Education, Social Services, and Youth Offending Teams continue to make a great contribution to MAPPA and in so doing the safety of the public. The involvement of these agencies, recognised as good practice, has now been formalised by the Criminal Justice Act which places a “duty to co-operate” on them. One of the initiatives for the year has been the creation of a multi-agency information exchange protocol. This has emerged at a time when statutory bodies are coming under criticism for limitations to information sharing in high profile cases, such as that of Ian Huntley. The protocols that are being put into place reduce the likelihood of known dangerous offenders being put into a situation where they have the opportunity to reoffend or could go unmonitored. The government rightly places a lot of emphasis on meeting the needs of victims. The MAPPA in Cumbria go a long way to reducing the adverse effects of crime on victims and witnesses, and preventing further victimisation. It also encourages more victims and witnesses to come forward. MAPPA is about protecting the public. People who live and stay in the county can be confident that the best arrangements possible are in place for their protection and that the agencies charged with that duty work closely together. We hope that you find this Annual Report to be informative and encouraging. Michael Baxter Chief Constable Cumbria Constabulary Mike Maiden Chief Officer Probation Service Ian Lockwood Area Manager HM Prison Service

2. WHO WE ARE AND WHAT WE DO IN CUMBRIA
For many years the Police and Probation Services in Cumbria have worked in partnership to ensure that information on sexual and violent offenders is used to assess and manage the risks posed by various individuals. From 1997 onwards, Multi-Agency meetings were set up to effectively supervise and monitor registered sex offenders and other potentially dangerous offenders. Those early developments have now become Multi-Agency Public Protection Panels (MAPPPs) as a result of the Criminal Justice and Court Services Act 2000. The Act required Police and Probation to make joint arrangements for the assessment and management of the risks posed by sexual, violent or other offenders who may cause serious harm to the public. In Cumbria a wide range of agencies and organisations have been involved in the panels since 2003 including the NSPCC, Housing, Social Services, Health Services, H.M Prisons, Youth Offending Teams, Education, Victims organisations and Lay Members since 2003. The MAPPPs in Cumbria are chaired by Senior Managers from either the Probation Service or the Police. They meet across the county, and involve all relevant organisations that have something to share or offer in the effective management of the offender. The aim is to reduce risks and prevent offending. A countywide protocol sets out how and when panels meet and how referrals to panels take place. In addition, there is a protocol on the Exchange of Information agreed by all the key agencies. The MAPPPs are intended to deal with those individuals who are assessed as presenting the highest level of risk to the public. As a consequence the panels are usually dealing with a small number of individuals. Examples of some cases considered by the panels may be found in the section on ‘How MAPPA Works in Cumbria’.

3. KEY ACHIEVEMENTS IN CUMBRIA
During 2003/04 we have seen some significant achievements and progress including: Greater involvement in the Strategic Management Board (SMB) by agencies who now have a “duty to co-operate” such as the Health Service and Social Service The Police representative on the SMB, Superintendent Kirkbride, has been recognised for his work with the award of the Queen’s Police Medal. Supt Kirkbride led the investigation into offenders accessing internet pornography sites and has championed the work of the Multi-Agency Public Protection Arrangements (MAPPA) in Cumbria. Cumbria has supported the work of MAPPA within the region and has held a series of highly successful seminars to improve training and awareness among local agencies and practitioners. The two Lay Members of the Strategic Management Board have continued to provide sound advice to the Board and effective oversight at a strategic level. The Prison Service has actively supported the MAPPA in Cumbria. A member of the regional Prison Area Management is an active and supportive member of the SMB. The Police and Probation Service have deployed additional cash and resources to the work of MAPPA by appointing a MAPPA Registrar to co-ordinate the work of the SMB. In addition, a Senior Probation Officer has been deployed to specifically lead on Public Protection and Child Protection issues. The NSPCC and Probation Area have jointly implemented a national accredited Sex Offender Group Work Programme. The programme is proving to be a challenging but successful piece of work. As part of its work to support MAPPA the Probation Area has achieved above the required performance target for contacting the victims of serious sexual or violent offenders.

4. HOW MAPPA WORKS IN CUMBRIA
There are many aspects to protecting the public and managing the risks from dangerous, violent and sexual offenders. In Cumbria Multi-Agency assessment procedures for the assessment and management of these offenders have improved. Assessment and management is at three levels. This structure of risk management is intended to enable resources to be deployed to manage identified risk in the most efficient and effective manner. The level at which a case is managed is dependent upon the nature of the risk and how it can be managed – not all high risk cases will need to be managed by the MAPPA. Level 1: Ordinary Risk Management Level 1 risk management is used in cases where the risks posed by the offender can be managed by one agency without actively or significantly involving other agencies. Level 1 management primarily involves Probation, Police, Youth Offending Teams or the Prison Service as the lead agency. Generally, offenders managed at Level 1 will be assessed as presenting a low or medium risk of causing harm to others. Level 2: Local Risk Management Meetings Level 2 risk management is used where the active involvement of more than one agency is required but where either the level of risk or the complexity of managing the risk is not so great as to require referral to the Level 3, the MAPPPs. Risk can and will change, so the means of managing risk can and will change. The MAPPA provides the framework within which those changes, particularly when they concern serious risks, can be effectively and consistently managed. Level 3: Multi-Agency Public Protection Panel The MAPPP is responsible for the management of the ‘critical few’. The criteria for referring a case to the MAPPP are defined as: (i) (ii) (iii) risk is assessed as being a high or very high risk of causing serious harm; and an offender presents risks that can only be managed by a plan which requires close co-operation at a senior level due to the complexity of the case and/or because of the unusual resource commitments it requires; or the case is exceptional because the likelihood of media scrutiny and/or public interest in the management of the case is very high an there is a need to ensure that public confidence in the Criminal Justice System is sustained

Therefore the ‘critical few’ are not exclusively those assessed as high or very high risks, but in almost all cases they will be. Assessing the risks Initial risk assessments on serious violent and sexual offenders are normally undertaken at the point of sentence in a Pre-Sentence Report. These reports are prepared by the Probation Service for those aged 18 years or over and by Youth Offending Teams for those under 18. The reports help the courts determine a suitable sentence. The Probation staff have extensive experience in working with offenders.

Offenders serving community penalties continue to live and work in communities. They may live in their own homes or in private rented accommodation. Research shows that having permanent accommodation and employment is very important in reducing the risk of re-offending. If an offender is sent to prison, a further assessment will be carried out if the offender is to be released subject to a period of supervision by the Probation Service. After release, depending on the length of the supervision period, the offender will be reassessed for risks and appropriate public protection plans put in place. In some cases, offenders considered by a MAPPP are not subject to any statutory supervision in the community. These are mainly offenders convicted of serious offences in the past and who have not re-offended, but whose recent behaviour is of sufficient concern to warrant referral to a MAPPP. Sexual offenders are additionally required to register under the Sex Offenders Act 1997 and these require joint assessments. The numbers of registered sex offenders will continue to rise every year for the next few years because the legislation, which brought about the Sex Offender Register in 1997, did not apply to offenders convicted before that time, unless they were still under supervision or in custody. Sharing Information Public Protection depends upon the effectiveness of the plans MAPPA agencies draw up to manage each offender’s risks and needs. These plans are in turn dependent upon the quality of the risk identification and assessment processes; and the quality of both the risk assessment and the risk management plan are themselves determined by the effectiveness of information sharing arrangements. Unless all relevant information is available, in good time, to those making the assessments and drawing up the management plans, public protection could be compromised. MAPPA in Cumbria is based on the need to share information appropriately and within its lawful authorities. Disclosure of Information Information sharing must have lawful authority, be necessary, be proportionate and done in ways which ensure the safety and security of the information shared. The process must also be accountable to relevant authorities. There may be some cases where the management of an offender’s risk in the community cannot be carried out without the disclosure of some information to a third party outside of the MAPPA agencies. For example, where an employer, voluntary group organiser or church leader has a position of responsibility for the offender and disclosure to them of certain information about the offender is the only way to manage that risk. If such a course of action is required, it must be part of a risk management plan. In very rare cases of predatory sex offenders there may be disclosure to schools in a particular neighbourhood. A letter has been used in such circumstances for use by Head Teachers to alert parents and carers to the potential danger to children. There are protocols in place with the local media. Disclosure rarely means providing information to the media, and is usually on a one-to-one basis handled sensitively by professionals involved. The media may be involved to assist public protection by wide coverage of an individual case. They can also play a major role in helping to alert the public. For example, if an offender fails to comply with supervision and his whereabouts become unknown, appeal for information may be made through the media. This means the public can help track down the offender and protect other people. This has not been required in Cumbria since the introduction of MAPPA.

In 2000, a media protocol between the Police, Probation and the local and regional media was put in place. This has helped to ensure that the media are more informed about how agencies co-operate to manage in the community and how media coverage can both help and hinder their supervision. The protocol also sets out what assistance Police and Probation will give to the media. All local newspapers and broadcasters are signed up to the protocol and it has been very successful in improving relationships between the media, Police and Probation in Cumbria. The following case studies are examples of offenders being managed under the MAPPA in Cumbria. Case Study 1 A is a 27 year old man with previous convictions for serious violent assaults on members of his family and the public. He has previously been recalled to prison when subject to a post custodial licence. He is currently serving a 27 month sentence of imprisonment for a violent assault. During the prison sentence the victims of A have been kept informed of developments and plans for his release. Restraining orders and special conditions in A’s licence have been obtained as part of the multi-agency risk management process. An alarm has also been fitted in one former victim’s home. The multi-agency meetings have included representatives of the Mental Health Services, Housing providers and victims representatives as well as the Police and Probation. The victims and members of A’s family feel reassured that everything has been done to protect them in the event of A committing further offences on release from prison. Case Study 2 B is a 36 year old male with an offending history that included Armed Robbery, Wounding and cruelty to animals. B was also described as having a “gross personality disorder”. After serving a term of 11 years imprisonment B was released in June 2003. By means of careful assessment and management involving Prison staff, the Police, Probation, Mental Health and Housing B was required to reside at Approved Premises in Cumbria and eventually rehoused to a supported tenancy of his own. The licence conditions specifically required B to reside only where directed by his supervising Probation Officer, and to co-operate with Mental Health support. It was expected that B would reoffend almost immediately on release and there were real concerns for his mental health. However due to the support of the agencies and practitioners involved in the MAPPA, B has had the longest offence free period in the community of his adult life. In addition he is responding well to medical support and maintaining his tenancy agreement with the housing provider. Case Study 3 C is a 64 year old male who was convicted of serious sexual assaults against boys under the age of 16 between 1974 and 1985. C was made subject to a Community Rehabilitation Order for 2 years and ordered to attend a Sex Offender Treatment Programme in Cumbria. The MAPP meeting convened on C identified that C still represented a risk and therefore regular joint visits by Police and Probation Officers were made to his home address to ensure his family and friends were aware of their responsibilities in regard to young children. C successfully completed the Sex Offender Programme and there have been no increased levels of risk. He continues to be monitored by Police, Probation and the NSPCC.

Case Study 4 D was released from an 8 year sentence for Grievous Bodily Harm. He was subject to MAPPPs within the Prison, which were attended by the Probation Service and Police from Cumbria. This man was assessed as being a very high risk offender who would seek to commit further serious offences against the victim and her family. Upon release it was made very clear to D that should he commit further offences or approach the victim the Sentence Enforcement Unit would be advised and he would be recalled immediately to Prison. Within two weeks D committed a comparatively minor assault. Police and Probation liaised with the latter informing the SEU and seeking immediate recall to prison. This was granted by the Parole Board and D was arrested and returned to Prison to serve the remainder of his sentence. Prior to release he will again be subject to a further risk assessment and the creation of a risk management plan to reduce his likelihood of reoffending.

5. THE STRATEGIC MANAGEMENT BOARD
In Cumbria a Strategic Management Board oversees MAPPA. Representatives of all the agencies involved in MAPPPs sit on the Board, together with Lay Members who were first appointed in 2002. The Board is jointly led by a Superintendent from Cumbria Police, an Assistant Chief Officer from the National Probation Service (Cumbria) and a Senior Manager from HM Prison Service. Other members of the board include representation of local authority housing, NSPCC, Youth Offending Team and Social Services. The SMB monitors and reviews the effectiveness of the local MAPPPs to ensure consistency of practice and procedure, and to promote communication and information sharing between the agencies involved. The role of the two Lay Members, who were recruited in 2002 and attended their first meeting in January 2003, has been further enhanced during the last 12 months. They bring a unique perspective to the Board. Lay Members encourage greater openness and transparency in the work of MAPPA, make decision makers more accountable, bring community views to the development of MAPPA and scrutinise the process, priorities and working methods of MAPPPs. Membership of the Board continues to be reviewed Leo Finn, Lay Adviser to the Strategic Management Board states that; “Good training is critical if a Lay person is to contribute to the effective oversight of the work being done. I found that attending meetings of professionals discussing the potential problems arising out of the release of serious offenders very instructive. In particular, one observed the high degree of mutual dependence between the agencies involved and their willingness to work together to ensure that the protection afforded to the public was based on a real assessment of risks”. Senior managers from Police, Probation and Prison Service meet regularly on a NW regional basis to look at the strategic implications of development of MAPPA to ensure consistent implementation of national policy. The SMB identified during the year that there needed to be closer co-ordination, at a strategic level of the management of services for Children and Vulnerable Persons in Cumbria. The SMB therefore initiated the creation of the Vulnerable Persons Strategic Group in Cumbria to ensure that effective links between Child and Adult Protection Services and the MAPPA are in place. In order to inform the work of all agencies involved in the Criminal Justice System the SMB has provided reports to the Area Criminal Justice Board and relevant Chief Officers in the county.

6. STATISTICAL INFORMATION
Information provided to the Public Protection and Courts Unit is contained within the Annual Report’s Statistical Information. The presentation of statistics has developed from previous years and it is important to remember that generally the total number of violent and sexual offenders is a small proportion of the general public as a whole.

MAPPA ANNUAL REPORTS STATISTICAL INFORMATION Required for the reporting period 1st APRIL 2003 - 31st MARCH 2004

ANNEX A

The statistical information you will be required to publish in next year’s report will be the same as this year – but simplified in respect of the Category 2 MAPPA offenders. We consulted widely about the simplified Category 2 figure and believe it will be much easier to collate and more meaningful.

Type your area name here: Cumbria
Question 1. Category 1 MAPPA offenders: Registered Sex Offenders (RSOs) i) The number of RSOs living in your Area on 31st March 2004. This is information principally held by the police and is a snapshot of RSOs on 31/3/04. It should NOT include RSOs in prison. ia) The number of RSOs per 100'000 head of population. (This figure will be calculated centrally by NPD) ii) The number of sex offenders having a registration requirement who were either cautioned or convicted for breaches of the requirement, between 1st April 2003 and 31st March 2004 10 47 231
number of offenders

Only those cautions that have actually taken place and breaches that have been successfully completed during the reporting period should be counted iii) The number of full Sex Offender Orders (a) applied for and (b) imposed by the courts in your Area between 1st April 2003 a) and 31st March 2004. b) iv) The number of interim Sex Offender Orders (a) applied for and (b) imposed by the courts in your Area between 1st April 2003 and 31st March 2004. 2. Category 2: violent offenders and other sexual offenders. a) b) 1 1 0 0

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

123

You should include in this figure only those Category 2 offenders who are living in your Area during the reporting period. You should NOT include, as previously required, those Category 2 offenders who are still in custody. Care must also be taken NOT to include here any Category 1 offenders. 3. Category 3: Other offenders vi) The number of ‘other offenders’ (as defined by Section 67 (2)(b) of the Criminal Justice and Court Services Act (2000)) between 1st April 2003 and 31st March 2004. This figure cannot include any offenders who are included in either the Category 1 or 2 (i.e. (i) and (v) above) vii) The number of Restraining Orders imposed on any MAPPA offenders by the courts in your Area between 1st April 2003 and 31st March 2004. This figures should only include orders issued under section 5A of the Sex Offender Act 1997(as amended by the Criminal Justice and Court Services Act 2000) and to offenders living in the community 4. MAPPP cases (viii) Identify how many MAPPA offenders in each of the three Categories (i.e. (i)- RSOs, (v)- V&O and (vi)- OO above) have been managed through the MAPPP (level 3) between 1st April 2003 and 31st March 2004. RSO V&O OO 12 22 1 0

1

This figure is the ‘critical few’. The criteria for referring a case to the MAPPP are defined in MAPPA Guidance as those in which the offender: is assessed under OASys as being a high or very high risk of causing serious harm; AND presents risks that can only be managed by a plan which requires close co-operation at a senior level due to the complexity of the case and/or because of the unusual resource commitments it requires; OR although not assessed as a high or very high risk, the case is exceptional because the likelihood of media scrutiny and/or public interest in the management of the case is very high and there is a need to ensure that public confidence in the criminal justice system is sustained. ix) Of the cases managed by the MAPPP (i.e. (viii)) between 1st April 2003 and 31st March 2004 how many, whilst still in the MAPPP: Were returned to custody for a breach of licence? a) Were returned to custody for a breach of a restraining order or sex offender order? b) Were charged with a serious sexual or violent offence? c)

5 0 2

For these purposes a serious sexual and violent offence is one of the following (i.e. the same offences as used to trigger reporting in the National Probation Service as a ‘serious further offence’: Murder; Attempted murder; Arson (where there is an intent to endanger life); Manslaughter; Rape; Kidnap/abduction or attempted kidnap/abduction. Any other very serious violent or very serious sexual offence, armed robbery (defined as robbery involving a firearm), assault with a deadly weapon or hostage taking. Any other violent or sexual offence where the offender/ offence is likely to attract significant media interest or which raises wider issues of national interest.

7. CONTACT DETAILS FOR MORE INFORMATION
Assistant Chief Officer National Probation Service Cumbria Area Headquarters Lime House Wetheral Cumbria CA4 8EW Superintendent (Operations) Cumbria Constabulary Police Headquarters Carleton Hall Penrith Cumbria CA10 2AU NW Area Office HM Prison Service Stirling House Ackhurst Business Park Foxhole Road Chorley PR7 1NY

Any further information can be obtained from the MAPPA Registrar at Kendal Probation Office, Busher Lodge, 149 Stricklandgate, Kendal, LA9 4RF Tel: 01539 723126.