DEVON AND CORNWALL AREA

Multi-Agency Public Protection Arrangements Annual Report 2003-4

Foreword by the Devon and Cornwall Strategic Management Board
The Devon and Cornwall Strategic Management Board for Multi-Agency Public Protection are pleased to publish the third annual report which we believe will go to demonstrate the developments in this area of co-operative working. This report will give information surrounding the mechanics of the management of sex and violent offenders presenting a high risk of harm, in an effort to instil confidence in those procedures. In doing so we recognise the massive impact such offending has upon individuals and communities and the need for ongoing development and improvement in such matters. We look forward to the coming year which we know will again be demanding and challenging but offers significant opportunity to further improve and increase confidence, particularly by the appointment of two lay advisors to the Devon and Cornwall Strategic Management Board which is due to take place later in the year. This development is welcome and we know will be of significant help in ensuring we adequately respond to community fears and needs.

1. Introduction
This is the third annual Multi Agency Public Protection Arrangements (MAPPA) report, and it covers the period 1st April 2003 to 31st March 2004. This report provides details of and updates on local arrangements and gives contact points for any additional enquiries including agencies other than Police and Probation. The Criminal Justice and Court Services Act 2000 formalised the already close working relationship between Devon and Cornwall Police and National Probation Service Devon and Cornwall Area, and made them the ‘Responsible Authority’. They make multi-agency public protection arrangements for the assessment and management of the risks posed by sexual, violent, and other offenders who may cause serious harm to the public of Devon and Cornwall. The new Criminal Justice Act 2003 not only introduces Her Majesty’s Prisons (HMP) as a member of the ‘Responsible Authority’, but further strengthens the multi agency nature of the MAPPA and the collaboration that underpins it, by introducing a ‘statutory duty to co-operate’ on a wide range of organisations including, local County Councils, Health Authorities, Social Services, Youth Offending Teams, Housing Associations, and Local Education authorities. In addition to this work to strengthen the MAPPA, the Government has also begun to strengthen other statutory provisions, the most significant of which are the Sexual Offences Act (2003), and the measures to introduce new sentences for ‘high risk of harm’ 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. This year the annual report provides a detailed breakdown of the numbers of the three different categories of offender covered by the MAPPA in this area these are: Registered sex offenders, Violent offenders and other sexual offenders, and Other offenders. In relation to registered sex offenders, because sex offender registration is for a minimum of 2 years (and generally for much longer) the figures are cumulative. This is why they have increased since last year. The number of violent and other sex offenders considered under MAPPA this year has decreased as we, as an area, are only required to show those offenders living in our community, whereas in previous reports the figure included those offenders in prison. The number of other offenders considered under MAPPA this year has increased, due in part, to a greater understanding of the MAPPA process by agencies other than those making up the Responsible Authority, thus creating a greater number of referrals into the process. Also reported in the statistics section is one case where a MAPPP managed offender was charged with a serious offence. This offender was not subject to any statutory supervision or licence and was not required to register as a sex offender, however his risk of reoffending was recognised and therefore he was managed within the MAPPP. Unfortunately despite measures to manage his risk he assaulted a woman. It was in some part due to the awareness of this individual, achieved through MAPPA processes that he was quickly identified as a suspect. He was arrested within hours of the offence. and subsequently received life imprisonment. Only a very small proportion of offenders are considered to pose such a high risk or management difficulty that they are referred to the highest level of the MAPPA- the Multi Agency Public Protection Panel (the MAPPP). Figures alone do not, of course, tell the whole story. The anonymised case studies contained in this report illustrate the practical work of the MAPPA, and demonstrate the preventive action which can be taken. Prior to the MAPPA, action of this kind was mainly taken by one agency alone, with the effect that on occasion offenders’ behaviour which might have triggered preventative action went unnoticed. The multi-agency approach of the MAPPA helps ensure that if an

offender does breach the condition of the licence under which they were released from prison or a court order prohibiting certain activities, then action to enforce the condition or order and protect the public can be taken more swiftly.

In the previous annual report the concept of ‘Lay Advisors’ was introduced, the purpose of appointing ‘Lay advisors’, being to ensure that communities understand more of what is done to protect them and that those

involved professionally with the MAPPA are aware of the views of the community. In Devon and Cornwall we hope to have Lay advisors appointed during the next twelve months.

2. Area Summary
Formal arrangements in Devon and Cornwall began in response to the Sex Offenders Act 1997, when police and probation began to make formal joint arrangements for the assessment of registered sex offenders. In 2001, the Criminal Justice and Court Services Act 2000, was introduced, this Act had the effect of placing the already close working relationship between police and probation on a statutory footing. The Act also required police and probation to: • Establish strategic management arrangements for reviewing and monitoring the effectiveness of MAPPA;

Significant developments in the MAPPA have been achieved during the past year, which include:
• HMP will join Police and Probation as a member of the MAPPA Responsible Authority. • The ongoing establishment of four Police/Probation ‘Public Protection’ Teams, who will jointly manage the ‘critical few’. In addition to a Public Protection Team being set up within the Force Intelligence Centre at Police Headquarters Middlemoor. • Provision of additional officers to manage MAPPA offenders within each Basic Command Unit. • The appointment of a ‘MAPPA Administrator’, who works directly to the MAPPA Manager and who attends all MAPPP meetings to take minutes, thus ensuring consistency and accurate recording of defensible decision making. • Continued revision of the Devon & Cornwall MAPPA information sharing protocol, to include a wider range of signatories. • The implementation of a computer database called VISOR to manage the registration of and intelligence/information on sexual and violent offenders.

• Development of a Regional Risk Training Strategy. This will be delivered by a joint agency training team, to all levels of staff, in the agencies involved in the risk assessment and management of offenders. • Risk Assessment Officers working more closely with HMP, to identify and formulate accurate risk assessments on prisoners prior to their release into the community. • Developing processes for HMP to link in with Probation Resettlement Officers, ensuring continuity in the management of high risk of harm offenders. Senior staff at HMP Exeter have developed a protocol regarding the management of MAPPA cases’ both through their sentence and in conjunction with resettlement plans. • Corporate commitment to tackle the problems associated with domestic abuse and child protection. To ensure that through multi agency working, positive action is taken in all cases of domestic abuse, with offenders being made subject of MAPPA where appropriate.

• Establish systems to ensure that only those ‘critical few’ offenders who pose the greatest threat to the public are referred to MAPPPs; • Establish systems for information sharing and inter-agency collaboration in respect of all relevant offenders; • Consider resource allocation and the need for multi-agency training; • Develop strategies for community and media communications; • Publish an Annual Report describing local Multi Agency Public Protection Arrangements, including statistical information.

3. Who are we?
Police and Probation staff take a lead in the operation of MAPP arrangements in Devon and Cornwall but they cannot achieve effective management of high risk of harm offenders without co-operation and joint working arrangements with other agencies. These agencies include social services, health, housing, youth offending teams, prisons and others. Devon and Cornwall Constabulary is committed to public protection, particularly of children and the most vulnerable. The Constabulary regards protecting the public from violent and sexual offenders as a priority and recognises that public protection work requires the establishment of practical and effective co-operative measures amongst agencies. Whilst some offenders can be effectively managed by the actions of one agency alone, all agencies need the co-operation of others to discharge their public protection duties effectively. Today’s police service is founded on the principle that the prevention and detection of crime is central to its purpose. Development of effective partnerships is pivotal to how these principles are achieved. To fight crime effectively, resources have been targeted at the most active offenders as well as the most serious offenders in our communities. The Constabulary employs specialist staff who work closely with other agencies, particularly the Probation Service, to assess and manage high risk of harm offenders. Devon and Cornwall Probation Area is part of the National Probation Service and as such it regards protection of the public as its highest priority. In Devon and Cornwall, specialist Probation staff are trained and experienced in the assessment and management of offenders who pose a risk of harm to the public. Staff undertaking these roles are based in each of the four divisions; they work primarily with offenders sentenced to imprisonment, both during their sentences and on release, although they sometimes manage potentially high risk of harm offenders on community sentences. The Probation Area also employs staff who are specially trained to deliver offending programmes to sex offenders, domestic violence offenders and other violent offenders. All divisions have working arrangements with other agencies and close working practices with the police are well established in the form of police/probation teams at local level. Local middle managers responsible for resettlement work line manage the probation staff, chair and manage the multi-agency conferencing process with the police review cases and oversee local registers of offenders assessed as posing a risk of harm to the public. There are two approved premises in Devon and Cornwall, where high risk of harm offenders can be accommodated and managed within a structured regime, with regular monitoring and surveillance. There are three prisons in Devon, Dartmoor, Channings Wood and Exeter. Probation and prison staff within these establishments work together with Police, Probation and others in the community, to plan for the release of offenders under conditions which address the risks they pose to the public. Prison based staff provide reports and other information, sometimes attend multiagency meetings and ensure that offenders are clear before release about any licence conditions to which they may be subject. As the Devon and Cornwall area is very large and agencies such as Social Services, Health, Housing and voluntary agencies have boundaries which are not necessarily consistent with Police and Probation, it is not possible to mention here all the agencies involved in local partnerships.

Some examples are:
Health Service staff who provide a range of services, including community mental health, psychiatric and forensic assessments. Local forensic psychologists provide assessment and treatment packages for offenders where appropriate. Health professionals attend multiagency meetings and contribute to assessments and supervision plans. Social Services Departments in Devon and Cornwall have a statutory duty to provide for the protection of children and vulnerable adults. Their representatives contribute to the multiagency assessment and management process in all divisions, attending MAPPP meetings, providing written and verbal reports where appropriate and working closely with all relevant agencies in the implementation of supervision plans. A member of Devon Social Services works within Public Protection Unit at police headquarters. Her role is to facilitate a cross flow of relevant information between the agencies. The NSPCC has a partnership agreement with Devon and Cornwall Probation Area. This partnership covers the provision of sex offender treatment groupwork, staff training and consultation and appropriate contribution to the MAPPP process.

The Constabulary aim for 2003/2004 is: “Working in partnership to bring about safer communities, reduce disorder, crime and the fear of crime and contribute to the delivery of justice in a way which secures and maintains public confidence.”

4. What do we do?
In Devon and Cornwall, all offenders falling under the MAPP arrangements are assessed to determine the levels of risk they pose to the public. This assessment is carried out primarily by staff from the probation area and the police, sometimes jointly. Validated methods of assessment are used alongside professional judgement to determine those offenders who form part of the ‘critical few’ seen as posing a very high risk of harm and those who, although not in the highest category, still pose a high risk of causing harm to the public. An important development in this work has been the introduction of a three-tier system for dealing with offenders. The purpose of the threetier system is to ensure that the most high risk of harm offenders receive the greatest degree of scrutiny and oversight. The three tiers are: • Single agency intervention: Where low and medium risk offenders who do not require multi agency management are dealt with by one agency (usually police or probation); • Risk assessment management panel (RAMP): Where High risk offenders are jointly managed by police and probation, supported by any relevant information provided by other agencies; • Multi agency public protection panel (MAPPP): Where offenders, assessed as Very High risk, often referred to as ‘the critical few’, are assessed, managed and reviewed at a senior level by all the agencies that play a part in MAPPA. Within Devon and Cornwall MAPPPs and RAMPs are held in each of the Basic Command Units (BCU) areas. The four probation divisions are broadly consistent with the police Basic Command Units. The panels provide a forum for agencies to share information and to work together in the assessment and management of the risks posed by registered sex offenders and other offenders regarded as potentially dangerous. A MAPPP will meet on a regular basis, and it concentrates on ‘the critical few’ who are either within the local community, or who are to be shortly released into the community. The panel is chaired by the MAPPA Manager, a Senior Probation Officer, with senior representatives from the Police and other key agencies, contributing to the development of a risk management plan for each offender based on the risk they present. The Chair of the MAPPP tries to ensure that the appropriate level of representation from each agency is present, however whilst this has been achieved by some agencies there is still room for improvement. The MAPPP is committed to devoting more time and resources to the management of ‘the critical few’, thereby affording the community protection from the most dangerous A multi-agency information exchange protocol has been signed by the majority of those agencies who have a duty to co-operate with the MAPPA. This cross flow of information allows for an accurate assessment of the risk posed by, and the management of, sexual, violent, and other offenders. Prior to his release MAPPPs were held and multi agency information sharing took place. A release plan was formulated, and licence conditions considered. The release plan included, arranging and controlling his travel to an approved Probation Hostel, arranging disclosure to the victims of his previous offending, and to those assessed as potential targets for future offending, thus enabling them to take any necessary action to protect themselves from any approaches made by him. Following his release he was required to register with the police as a sex offender. Licence conditions were imposed, which included; • Requiring him to see a Forensic Psychologist • The engagement of a specialist agency in sex offender work. • Approved accommodation. • Prohibition from going to certain areas of Devon. • Electronic tagging. • Not to reside in any house where there were children under 18yrs. • To undertake work to address sexual/anger behaviour and alcohol misuse. The conditions were not only imposed in order to control and restrict his movements, but also to allow him to address the behaviour linked to his previous offending. These multi faceted conditions thus gaining the maximum benefit from his supervision period and allowing plans for his continued management prior to and following the end of the licence period. b) Following information received from members of the public

Case Examples
a) A sex offender coming to the end of a long term prison sentence, was assessed, prior to his release, as posing a ‘very high risk’ of causing serious harm. During his imprisonment he had refused to engage in any offence focused work.

concerning the activities of a male at a local leisure centre swimming pool, a man with previous convictions for a sexual offence, was identified by police officers. Enquiries revealed that he had been attending the leisure centre for a number of months, partaking in seemingly innocent ‘rough and tumble’ games with young boys. Following a RAMP meeting it was requested that non statutory disclosure be made to the management of the swimming pool. Disclosure was made and the management took the decision to bar the man from the leisure centre. He continues to be monitored. c) A registered sex offender, following release from Prison was managed via the MAPPA by the police. Part of the single agency intervention involved routine visits and monitoring. As a result of continued intelligence gathering and visits made to the offender, his risk of re-offending was reassessed. As a result of the visits and confirmation of

intelligence gained he is now managed via the highest tier of offender management the MAPPP. He continues to be subject of close monitoring. d) A sex offender’s release from prison was notified to police in July 2003, the offender had three days in which to attend a police station and register his name and address with the police. Police monitoring processes revealed that he failed to attend as required, through intelligence gathering his whereabouts were ascertained and he was arrested and charged. e) An offender with a history of predatory sexual attacks on women, was being released from prison without any formal supervision. He had previously been recalled to prison during 2 periods of statutory supervision. Whilst in prison he had refused to participate in the sex offender treatment programme. His plan on release was to live with a friend and her children. Social Services were advised and they put in place arrangements to

protect the children should he attempt to take up residence within the household. The MAPPP agreed to offer him accommodation on a temporary basis in an approved Probation Hostel on the understanding he would undertake the Thames Valley Sex Offender Treatment Programme on a voluntary basis. He agreed to these arrangements and successfully completed the early stages of the programme remaining at the hostel for a period of 5 months. He has since found alternative accommodation with the assistance of the relevant housing department. He has made significant progress with excellent reports regarding his attitude change as monitored by the programme staff. He has his first significant adult relationship and has now been moved from a level 3 MAPPP case to at level 2 RAMP. There have been no reports throughout this period of any return to previous pattern of sexual offending. He continues to be monitored.

5. How is the work of MAPPA made accountable?
Section 67(3) of The Criminal Justice and Court Services Act 2000 requires that the work of MAPPA be subject to review and monitoring. The publishing of an annual report explaining the work of MAPPA brings to public attention these public protection measures. In addition, a Strategic Management Board has been established in Devon and Cornwall. The Board consists of senior managers from police, probation, health, social services, prisons, youth offending teams and housing etc. The Board meets quarterly to review progress and discuss future developments relevant to MAPPA. The Board is provided with up to date statistics concerning: • Registered Sex Offenders monitored within the Area. • Summaries of cases involving any ‘unregistered’ sex offenders. • Numbers of MAPPP managed cases. In addition they are given accounts of: • The management arrangements of certain individual cases of note. • Recent Non statutory disclosures to demonstrate that such information is appropriately shared to prevent or reduce crime. The Board has also been provided with the learning outcomes of Serious Further Offending Reviews relevant to MAPPA Managed individuals. In addition the forthcoming introduction of a lay member to our SMB will it is anticipated ensure that the MAPP arrangements will remain accountable.

6. Work with and on behalf of victims.
Devon and Cornwall Probation Area employs Victim Liaison Officers, whose role is to consult and advise victims of sexual and violent offences, in accordance with the Criminal Justice & Court Services Act 2000 and the Victims Charter. In 2003/2004, 96% of victims were contacted within 8 weeks of the offender’s sentence, in accordance with National Standards and the Victims Charter. This figure is based on the 9 months from 1st April 2003 to 31st December 2003. Victim Liaison Officers attend MAPP panels, to ensure that the victim’s perspective is taken into account where possible, in the formulation of risk management plans and to represent the victim’s interests. The protection of victims is at the core of multi-agency public protection. In cases where children are victims the Victim Liaison Officers will work with Social Services directly to ensure that child protection measures are maintained. Where there is no Social Services involvement they will contact parents or guardians directly. Other agencies who are directly involved with Victim Liaison Officers in supporting victims interests include Victim Support Service, NSPCC, Police Domestic Violence Units and Police family Liaison officers. All agencies through the MAPPA processes aim to maintain an active awareness of the victim impact issues when considering risk management arrangements. In particular there maybe considerable anxiety on the part of victims in the way information has been exchanged fearing re-victimisation should the offender learn of their concerns. One of the main issues is considering licence conditions, which aim to deter the offender from making contact either directly or indirectly via telephone, letter, or third party contact. The victim is advised as to their part in the enforcement process. In some cases Home office alarms are fitted in the victims home to ensure an immediate appropriate response. Also exclusion zones can be identified by way of preventing an offender from seeking to intimidate and harass victims in their home area . Prevention of victimisation is a central and guiding principle of the work of MAPPA and is dependent upon effective multiagency working. attacked a specific group of vulnerable women. The direct victims of the index offence, were visited by the Victim Liaison Officer, and their views were considered at the MAPPP. The Offender’s licence conditions included no contact and an exclusion zone. The victims were kept informed regarding his discharge and again when his licence was revoked and he was returned to prison. b) In a case involving a violent attack within a relationship the Victim Liaison contact revealed information regarding the offenders behaviour which was in direct contrast to the evidence collated regarding his behaviour in prison. The information was particularly significant in the development of the overall risk assessment, as the immediacy of the risk would not have been evident from the other sources of information. As a result specific licence conditions were agreed and a home office alarm fitted into the Victims home. Within 2 days of his release his licence was revoked for his indirect harassment of the victim. This case required specific liaison from the Victim Liaison Officer with the police Domestic Violence Unit who had a direct involvement in providing evidence for his recall.

Case examples:
a) An offender was due for statutory release on licence having previously been refused parole. During his sentence he had refused to engage in any programme work to address offending related issues. His offending profile was that he

7. Statistical Information
No. of Offenders i. The number of registered sex offenders on 31 March 2004 725

ii.

The number of sex offenders having a registration requirement who were either cautioned or convicted for breaches of the requirement, between 1 April 2003 and 31 March 2004

48

iii.

The number of Sex Offenders Orders applied for and gained between 1 April 2003 and 31 March 2004

(a) The total number of Sex Offenders Orders applied for

1

(b) The total number granted

0

(c) The total number not granted

0

iv.

The number of Restraining Orders issued by the courts between 1 April 2003 and 31 March 2004 for offenders currently managed within MAPPA

30

v.

The number of violent and other sexual offenders living in the community, considered under MAPPA during the year 1 April 2003 and 31 March 2004 (as defined by section 68 [3], [4] and [5])

131

vi.

The number of "other offenders" dealt with under MAPPA during the year 1 April 2003 and 31 March 2004 as being assessed by the Responsible Authority as posing a risk of serious harm to the public (but who did not fall within either of the other two categories, as defined by s.67 [2b])

125

vii.

For each of the three categories of offenders covered by the MAPPA ("registered sex offenders", "violent and other sex offenders" and "other offenders"), identify the number of offenders that are or have been dealt with by:

a) MAPPP - registered sex offenders

31

b) MAPPP - violent and other sex offenders

9

c) MAPPP - other offenders

3

viii.

Of the cases managed by the MAPPP during the reporting year what was the number of offenders:

a) who were returned to custody for breach of licence

9

b) who were returned to custody for breach of a Restraining Order or Sex Offender Order

0

c) charged with a serious sexual or violent offence

1

Contacts
Mary Anne McFarlane Chief Officer Queen’s House Little Queen Street Exeter EX4 3LJ Force Headquarters Middlemoor Exeter EX2 7HQ 01392 474100

Maria Wallis Chief Constable

08452 777444

Devon and Cornwall Probation Area Kath Morris Assistant Chief Officer

Address Thurlow House Thurlow Road Torquay TQ1 3EQ

Phone 01803 213535

Devon and Cornwall Police Richard Stowe Assistant Chief Constable

Address Force Headquarters Middlemoor Exeter EX2 7HQ Force Headquarters Middlemoor Crime Department Exeter EX2 7HQ

Phone 08452 777 444

Robert Spencer Detective Superintendent

08452 777 444

SMB Contacts Tom Conneeley Detective Inspector

Address Devon & Cornwall Police Crime Department

Phone 08452 777 444

John Morgan Forensic Clinical Psychologist Chris Dimmelow Child Protection Manager John Cousins Manager Ann Morecraft Head of Devon Patient & Practitioner Services Agency Designated Manager for Child Protection (N&E Devon)

Cornwall Forensic Mental Health Service Devon Social Services Department Youth Offending Team

01208 251300

01392 386657

01872 274567

North & East Devon Health Community

01392 207428

Ian Mulholland Governor Graham Davey Housing Needs & Enabling Manager Phil Confue Director of Mental Health & Learning Disability Services Chris Nash Health Visitor & Child Protection Adviser Nick Pennell Acting Deputy Director Mental Health & Learning Disability Services / Rural Locality Manager Maureen Grimley Child Protection Officer Dick Goodere Social Work Consultant Anthony Farnsworth Director of Strategic Partnerships

HM Prison, Exeter

01392 415650

Mid Devon Housing

01884 234286

Plymouth Primary Care Trust

01752 315315

Cornwall Partnership Trust

01726 291019

Plymouth Primary Care Trust

01752 315315

Plymouth Social and Housing Services

01752 306340

Cornwall Social Services CP Team Strategic Partnerships

01872 254549

01392 207477

Devon and Cornwal Victim Support Victim Support Devon

Phone

01392 678675 Victim Support Cornwall 01872 263464