MAPPA Annual Report 2002

1. Introduction
In Nottinghamshire, the development of systems to protect the public has been built on an understanding, shared by partner agencies in the field of criminal justice, child protection, social and health care and housing, that the community is best safeguarded by an inter-agency approach to risk of harm assessment, planning and management. In response to the Sex Offenders Act 1997, the Police and Probation Services in Nottinghamshire began to develop arrangements for sharing information, and for the assessment and management of registered sex offenders. At the same time, partner agencies concerned with the protection of children charged Police and Probation with the task of developing an inter-agency agreement on working together to protect the public. As a result, under the auspices of the Area Child Protection Committee, “The Inter-Agency Framework and Procedures for the Risk Management of Potentially Dangerous People in Nottinghamshire”, was implemented in 1998. Under this protocol agencies began to share information, risk planning and the management of sex offenders and other potentially dangerous cases. The police, probation and social services, housing and mental health agencies were particularly involved in these early arrangements. We have built on these arrangements since 1998. This document will provide details of the current arrangements made in Nottinghamshire, and how they have developed following the implementation of the Criminal Justice and Court Services Act 2000. It also provides contact points for any further enquiries including agencies, other than the police and probation, that are included within our working together strategy and protocol.

2. Summary of Roles and Responsibilities
In Nottinghamshire in 1999, the Police and Probation Services were asked to develop a number of options for progressing the joint working arrangements already implemented under the 1998 Protocol. Agreement was reached by six agencies in Nottinghamshire to set up and fund the post of the Multi-Agency Public Protection Panel Manager in April 2000. Nottinghamshire Police Service, National Probation Service Nottinghamshire Area, Nottingham City Council and Nottinghamshire County Council, Nottingham Health Authority and North Nottinghamshire Health Authority (including Nottinghamshire Healthcare Trust from April 2001) agreed a set of procedures for the management of those individuals who pose a risk of harm to the public in Nottinghamshire. The document, “The Nottinghamshire Public Protection Protocol, Policy, Guidance and Procedures” also established the Multi-Agency Public Protection Panel Manager and was signed up to by the partners in January 2001. The Protocol contains a set of procedures for sharing information and the joint assessment and management of risk. It already formed the basis for the agencies to undertake the role set up under the Criminal Justice and Court Services Act 2000. During the fifteen months the procedures have been in place, agencies who originally agreed their implementation have been joined by others in the voluntary and statutory sector. The Protocol is being developed during 2002-3 to include them. Each agency offers a particular perspective and holds a specific role and set of responsibilities with regard to the management of risk. The Police and Probation Services have defined statutory roles under the Sex Offenders Act 1997 and the Criminal Justice and Court Services Act 2000. Nottingham City and Nottinghamshire County Councils’ Social Services Departments The duties and responsibilities of the Social Services include service to vulnerable groups, both adults and children. These include services to children in need and their families, older people, disabled people and those with mental health needs. In Nottinghamshire the Social Services Departments are also committed to working with the criminal justice agencies. Child Protection Teams are used to working together with police and probation officers, and all the partner agencies, in accordance with the Area Child Protection Procedures. Other teams within the social services departments are now following this model within the multi-agency public protection procedures. Work has been done to devise risk action plans in risk management meetings with social work teams. This covers social work teams for vulnerable people; care teams in the community who work with those with learning disabilities and mental health problems; and teams in hospitals and residential establishments. All these services have a part to play in public protection, as have the alcohol and drug projects provided by the health authorities or independent sector who work in partnership with the statutory agencies. Nottingham Health Authority, North Nottinghamshire Health Authority and Nottinghamshire Healthcare Trust The Health Services cover a huge range of provision, in particular in the field of specialist forensic mental health and learning disabilities, and drug and alcohol treatment. The Health Authorities and Healthcare Trust are committed to protecting their service users across the breadth of primary and secondary care provision. Health providers share information about those who we believed to be a risk to others, and take joint action to protect patients, staff and the public. They also engage with other agencies within the public protection arrangements, in the management of those users of health provision who present a risk of harm to themselves and others. Nottingham City and Nottinghamshire County Councils The City Council is a unitary authority with responsibility for a wide range of functions and services in addition to Social Services, some of which have a significant part to play in public protection. Involvement in the procedures is most likely to be from the housing, leisure, education and legal departments, but can include almost any other, for example, environmental or licensing departments. The City Council is committed to inter-agency work in community safety and the management of dangerous people and therefore to the MAPPP arrangements. The County Council works for public safety through partnerships and forums and has committed itself to the MAPP Protocol and arrangements. The local district and borough councils, with their various functions within the community, have an important part to play in public protection. Mansfield District Council has formally committed to the operation of the MAPPP and its arrangements. Although all the

District and Borough Councils were part of the earlier public protection arrangements in 1998, we will be returning to discuss with the remaining councils (Ashfield, Newark & Sherwood and Bassettlaw Districts, Rushcliffe, Gedling and Broxtowe Boroughs) their agreement to more formal commitment to the MAPPP Protocol and arrangements. The Statutory and Independent Housing Sector The statutory and voluntary/independent housing sectors have been essential in the risk management plans drawn up by agencies. The provision of appropriate accommodation which minimises an individual’s risk to others is one of the most important risk management tools we have available. When a person is housed as safely as possible, it becomes easier for partner agencies to monitor them, and put other actions into place. At present the Local Authority Housing Departments are putting into place their housing strategies, and all local strategies will include provision for vulnerable people under various legislative initiatives. Some council housing departments have been whole heartedly committed to their role in public

protection. There is close liaison between them and the police/probation services on an individual level on all those, in particular sex offenders, who present a high risk of harm. Other accommodation projects and housing associations in the independent sector have worked determinedly and professionally alongside the police, probation and different social work or health teams to maintain individuals in the community in a way which minimises their risk. Nottingham City and Nottinghamshire Youth Offending Teams In the statutory sector, the Youth Offending Teams are part of the criminal justice system. They manage the young offenders who may present a risk to others, but who are also themselves sometimes very damaged by their current childhood experiences and need to be protected from others. The YOTs are therefore important in the working together process between child protection, police and probation services. They are committed to the MAPPP arrangements and are part of the risk management process at the MAPP Panel.

The Prison Service Agency During the year we have welcomed a more proactive role from the Prison Service Agency. Prisons work alongside the police and probation in information sharing and risk management, as a matter of course. However, the prison service is now part of the MAPPP Protocol, and there is an acceptance that prison officers, who have such an influential role to play, attend meetings, take part in drawing up plans for the transition of individuals from prison to the community, and take action to ease that process and protect others. During 2002-2003, we will be developing the MAPP Protocol to take into account the changes in structure within the Health Service and to include District Councils and the Boroughs, so that all Housing and Education and Leisure Departments are formally part of this working together partnership in public protection. There will also be links with victim contact work in the probation service and independent sector. These agreements should be concluded, and a revised MAPPP Protocol, (following closely the CJ and CS Act 2000), should be in place by the end of 2002. The new Protocol will be distributed to all our partner agencies and services for implementation.

3. Outline of the Arrangements Made
In Nottinghamshire the Police have a specialist unit within CID for the identification, assessment and management of sexual and violent offenders, not only those considered under the Sex Offenders Act 1997 and Criminal Justice and Court Services Act 2000. The Dangerous Persons Management Unit (DPMU) is responsible for maintaining the “register” of sex offenders obliged to notify their details, and any changes, to the police, and for pursuing prosecutions for failures to comply with the Act. The unit also assesses and takes action on all offenders who fall into the ‘relevant offender’ categories of the CJ and CS Act 2000 and acts on any intelligence received on individuals who present a risk of harm in the community. The risk consideration procedures undertaken by the detectives in the DPMU, in conjunction with senior officers, are done in close cooperation with colleagues in Probation and the Social Services who are actively involved in the issues of child protection, child exploitation, protection of vulnerable adults, others in the care sector, and in the field of mental health. The DPMU maintains responsibility for managing all offenders whose shared risk assessment indicates that they are at either ‘high’ or ‘very high’ risk of re-offending seriously. The DPMU aims to continually consider all offenders who pose a serious risk of harm, and monitor their situation. Those relevant offenders who pose a low or medium risk of offending seriously, when assessed by all agencies holding a responsibility e.g. police, probation or prison, are managed at a local level. This is done at Local Area Command level where officers can use their local knowledge to monitor the situation and liaise with the DPMU. The DPMU officers work in partnership through the Protocol in managing high and very high risk offenders. The Multi-Agency Public Protection Panel (MAPPP) Manager works alongside the detectives in the DPMU. In this way professional expertise, information, risk assessment and management are shared on a day to day basis and liaison takes place between police and probation and other relevant agencies, at an immediate level. Probation staff in Nottinghamshire undertake a risk assessment of all individuals in contact with the service. This process starts pre-court, where information is shared with Police, Social Services or the Health Authority as appropriate. In respect of the relevant offenders under the CJ and CS Act 2000, the risk assessment process begins at the Pre-Sentence Report stage (if one is prepared) or soon after sentence, to enable the prison to plan the offending behaviour work to be undertaken before release. All assessments are made using information from other agencies and those deemed medium or high risk are reviewed at key stages in their sentence. Risk assessments and management plans are reviewed regularly as part of the supervision of offenders. The Probation Service practice procedures include the expectation that those offenders who pose a high risk of harm are registered with the Probation Service and managed through the multiagency framework of the Risk Strategy Meeting, and those who present the highest risk of serious harm are managed through the MAPP Panel. The Police and Probation Services work together under the CJ and CS Act 2000 arrangements, and with other agencies on a day to day basis. In the main, there needs to be no more inter agency action than sharing information and making a multi-agency risk assessment. Most offenders are managed by one agency on the basis of that shared information. However, the assessment and management of those who present a high risk of serious harm are undertaken through the multi-agency arrangements set out in the Nottinghamshire Public Protection Protocol. The Protocol sets out procedures for all partner agencies to follow and provides for a multi agency Risk Strategy Meeting (RSM). This is convened by any agency concerned about, or holding responsibility for, an individual when they consider that the risks presented would be best managed by a multi-agency approach. The purpose of the Risk Strategy Meeting is to: • • • • share information, make a joint assessment of what risks are posed, consider the imminence of those risks, identifying any potential victims, decide whether further agencies should be involved and where information should be passed on to increase protection of the public, agree what actions each agency should take.

Risk Strategy Meetings are convened by the responsible agency. If there is no other agency involvement, the DPMU will take that responsibility. When any agency, through their risk procedures, assesses an individual as presenting the highest risk of serious harm to the community, that individual is referred to the MultiAgency Public Protection Panel (MAPPP). The Panel is reserved for only the most serious offenders within the agencies. Referrals are made to the MAPPP Manager, working within Police Headquarters (CID) alongside the DPMU. If the individual meets the criteria for presentation at the Panel, the case will be heard at the next Panel Meeting. The Panel objectives mirror the RSM objectives: the Panel is attended by senior representatives of the agencies who can commit resources to a risk management plan. The MAPP Panel meets on a pre-determined date, monthly. It is convened and chaired by the MAPPP Manager and has the service of an Administrator. The MAPP Panel comprises senior managers representing: Police, Probation, Child Protection and other Social Services, the Health Services, Forensic Psychology, Local Authority Housing, the Prison Service, and Youth Offending Teams. The City and County Social Services Departments and both the City and County Health Providers are included in the core membership of the Panel. Each month individual cases are presented to the Panel by referring agencies, for example by a

Probation Officer accompanied by a Senior Probation Officer. There is a process for the inclusion of senior managers from other departments, projects or agencies on particular cases where resources, expertise, or specialist information is required. The Panel comes to a joint assessment of what risks are posed, and devises a risk management plan. The proceedings and the decisions taken are noted by the Administrator who acts as secretary to the Panel. The Panel also decides whether the individual should be registered on the Public Protection Register. The Panel members discuss individuals who pose the highest risk of serious harm and whose risks are clearly difficult to manage, but also cases that are of intense media interest or for whom resources need to be committed at a senior level. The Public Protection Register is held, in confidence, by the MAPPP Manager. The role of the MAPPP Manager is to manage and co-ordinate the operation of the Panel on behalf of all the agencies involved. From 1st April 2001 to 31st March 2002, 37 individuals were considered by the MAPP Panel and 24 were registered on the Public Protection Register. Risk management plans contain different agency actions, or ways of limiting the opportunity for an individual to seriously harm another. There may be decisions about prison licence conditions to ensure an offender undertakes a treatment programme, receives drug/alcohol treatment, or attends psychiatric/psychologist appointments. In addition, more controlling measures such as curfews and electronic monitoring

can be decided upon, or measures to prevent an individual entering a certain area or living with children or young people. Conditions of residence and the allocation of appropriate housing are crucial decisions at Panels. When there is a statutory supervisory agency, there are more risk management tools to be used. When the police are the only agency involved with a very high risk case, the panel arrangements can ensure that the high risk individual remains the focus of a multi-agency approach. The Sex Offender Order was introduced in the 1998 Crime and Disorder Act. It is a civil order applied for, and managed by, the police. It is a preventative order which is used primarily with offenders who have come to the attention of agencies because their inappropriate behaviour is causing concern. An offence has not been committed, but the individual’s behaviour may be mirroring their previous pre-offending behaviour. The decision to pursue a Sex Offender Order to manage a sex offender is always taken on a multiagency basis, at a Risk Strategy Meeting or a Panel Meeting. The final decision is made at senior officer level in the Police Service and the DPMU officers apply for and manage the Orders. Nottinghamshire has used the Sex Offender Order in appropriate cases over the last two years. The confidentiality criteria within the MAPP Protocol govern the information sharing processes at the Panel, Risk Strategy Meetings and within the MAPPP arrangements.

4. Strategic Management Arrangements
The multi-agency public protection protocol arrangements and procedures are overseen by a strategic management Steering Group. The Steering Group represents, at a strategic level, the member agencies who have made a commitment to the multi agency management of potentially dangerous people in Nottinghamshire. It is convened and chaired on a rotating basis by the Nottinghamshire Police Service and Nottinghamshire Area Probation Service. The Steering Group meets six monthly and is currently reviewing its membership to better reflect executive representation and appropriate strategic oversight. The MAPPP Manager reports to the Steering Group, and an Annual Report was prepared for the year 1/4/00-31/3/01 and circulated to member agencies, the Area Child Protection Committees and Community Safety Strategy Boards. At present the agencies are operating strategically with the following representation: Police and Probation – Assistant Chief level Nottinghamshire Health Authority – Assistant Director of Commissioning North Nottinghamshire Health Authority – Commissioning Manager Nottinghamshire Healthcare NHS Trust – Consultant Clinical Psychologist Nottingham City and Nottinghamshire County Councils – Nominees from the Chief Executives’ Offices. The Steering Group functions involve strategic management, policy formulation, strategic review, budgetary control and the progression of the principle of shared ownership of public protection within agencies and the wider community.

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5. Disclosure
The Public Protection Protocol contains Nottinghamshire’s principles with respect to the disclosure of information. The main principle is that disclosure should increase people’s ability to protect themselves or others and should be an agreed strategy, with clear boundaries, in a multi-agency risk management plan. The police have an important and general power to disclose information for the prevention, detection and reduction of crime, and all partner agencies have agreed that disclosure should be used, but only after a careful assessment of the risk on a case by case basis. In practice, each case for disclosure is considered carefully on its particular facts, assessing the risks posed by the subject, the vulnerability of those who may be at risk, and the impact of disclosure. The assessment is made on an inter-agency basis and any decision to recommend disclosure is a matter for the professional judgement of the agencies through the vehicle of a Risk Strategy Meeting or the Public Protection Panel. Any recommendation to disclose must be approved by the police at Assistant Chief Constable level. In Nottinghamshire, disclosure has been made to individuals either directly affected by the risk of harm, or with a level of responsibility towards others and an ability to act on the information to protect themselves or others. Advice has been given by the police or other professionals disclosing the information, on how to manage it in protecting themselves or a specified other person. Disclosure to the general public has not been undertaken; general disclosure, without a plan for the recipients to manage the information, could increase the risks to the public of disorder and anxiety and would not give them protection.

The power of disclosure has been exercised in Nottinghamshire as part of management plans to protect the public. We have disclosed information on the risks presented to employers where particular offenders have taken jobs (and not disclosed their previous convictions) which give them access to vulnerable people. Disclosures have been made to supportive communities such as religious groups where offenders have access to families and

therefore to children; a contract has then been drawn up between the community leader and the offender which limits their opportunities and safeguards children. Other disclosures have been made to housing projects in order to protect other residents through monitoring or moving the subject to more appropriate accommodation. Disclosure has also been used to the management of projects for vulnerable people and those on the streets of the City to prevent serious

harm to the staff and users of the support or accommodation project. All the disclosures made have been agreed on an individual basis; the particular information has been specific to the risks presented and has been given alongside advice on how to use it. On occasions the subject themselves have been forewarned that information will be disclosed, in an effort to encourage them to self disclose.

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6. Victim Work
The Nottinghamshire Probation Area is committed to enhancing the position of victims of crime within the criminal justice system; there is also a strong link between the statutory victim contact service provided by probation, and victim support schemes locally. Direct victim contact work is undertaken by a specialist team of probation officers and team assistants, located within the courts, throughout the service. A detailed policy and practice guidelines are in place which direct the work of the Probation Service Victim Contact Unit. In line with the Criminal Justice and Court Services Act 2000, Section 69, victims of serious sexual and other violent crimes are contacted by the Victim Contact Unit officers within two months of an offender being sentenced to custody for a period of 12 months or more. Victims are given the opportunity to be kept informed about the custodial sentence, of expressing any concerns about the offender’s eventual return to the community, and to make representations concerning conditions which could be attached to a prison licence. Victim Support is the national charity for people affected by crime. It is an independent organisation, offering a free and confidential service, whether or not a crime has been reported. Trained staff and volunteers at local branches offer information and support to victims, witnesses, their families and friends. Victim Support provides the Witness Service, based in every criminal court in England and Wales, to offer assistance before, during and after a trial. You can also call the Victim Supportline – 0845 30 30 900 – for more information and support and details of local services and relevant organisations. Victim Contact and Victim Support Scheme details are provided at the end of this Nottinghamshire section.

7. Statistical Information
NUMBER OF SEXUAL, VIOLENT AND OTHER OFFENDERS COVERED BY MULTI-AGENCY PUBLIC PROTECTION ARRANGEMENTS (MAPPA) Registered sex offenders (RSOs) in community on 31/03/02 (s68(2) CJ&CS Act 2000 – see A below Nottinghamshire 591 Sex Offender Orders 1 April 01 – 31 March 02 RSOs per 100,000 population SOs cautioned/ convicted for breaches of registration requirement 47 (a) total applied for (b) granted (c ) not granted (d) applications still in progress 0 2 Violent offenders and other sex offenders 01/04/01 – 31/03/02 (s68(3)(4)&(5) CJ&CS Act 2000 – see B below) 829 Other offenders 01/04/01 – 31/03/02 (s67)(2)(b)CJ&CS Act 2000 – see C below) 4

57

14

12

( A ) Registered Sex Offenders – s68 (2) CJ&CS Act 2000: an offender who is subject to the notification requirements of Part 1 of the Sex Offenders Act 1997. ( B ) Violent Offenders & Other Sex Offenders – defined by s68 (3)(4)(5) CJ&CS Act 2000: (3) A person falls within this subsection if: (a) he is convicted by a court in England or Wales of a sexual or violent offence (within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000), and (b) one of the following sentences is imposed on him in respect of the conviction
(i) (ii) (iii) (iv) (v) a sentence of imprisonment for a term of 12 months or more, a sentence of detention in a young offender institution for a term of 12 months or more, a sentence of detention during Her Majesty’s Pleasure, a sentence of detention for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences), a detention and training order for a term of 12 months or more, or a hospital or guardianship order within the meaning of the Mental Health Act 1983.

(vi) (4) A person falls within this subsection if:
(a)

he is found not guilty by a court in England and Wales of a sexual or violent offence (within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000) by reason of insanity or to be under a liablility and to have done the act charged against him in respect of such an offence, and (b) one of the following orders is made in respect of the act charged against him as the offence (i) an order that he be admitted to hospital or (ii) a guardianship order within the meaning of the Mental Health Act 1983.

(5)

A person falls within the subsection if the first condition set out in section 28(2) or 29(2) or the second condition set out in section 28(3) or 29(3) is satisfied in his case.

( C ) Other Offenders – s67 (2) (b) CJ&CS Act 2000: an offender considered by the responsible authority to be person who may cause serious harm to the public.

Additional Costs Of Local Arrangements

Probation Board £’000 Staff Costs Other costs Total Expenditure Income Net Expenditure 52 5 57 47 10

Police £’000

Other Agencies £’000

Total £’000 52 5

10

37

57 47 10

NB: The Probation Board keeps the accounts for the MAPPP expenditure. The Income shown equals the contribution from the police and other agencies.

Contacts
MAPPP Protocol National Probation Service, Nottinghamshire Area Fax: 0115 840 6452 Email: general.enquiries@nottinghamshire.probation.gsx.gov.uk Address Head Office Marina Road Castle Marina Nottingham NG7 1TP Phone 0115 840 6461

Nottinghamshire Police Service

Force Headquarters Sherwood Lodge Arnold Nottingham NG5 8PP Carlton House Clinic 61 Burton Road Carlton NG4 3DQ County Hall West Bridgford Nottingham NG2 7QP The Guildhall South Sherwood Street Nottingham NG1 4BT 14 Hounds Gate Nottingham

0115 9420999

Gedling PCTC

0115 840 5921

Chief Executive’s Office Notts County Council

0115 982 3823

Chief Executive’s Office Nottingham City Council

0115 915 5555 (switchboard)

City Social Services Directorate

0115 915 5500

Victim Services Nottinghamshire Probation Area County Victim Contact Team

Address

Phone

46 Nottingham Road Mansfield NG18 1BL

01623 460843

City Victim Contact Team

2nd Floor Albion House 5-13 Canal Street Nottingham NG1 7EG

0115 859 9423

Victim Support Scheme National Support Line Local Victim Support Scheme Area Office County Manager Email: victimsupportnot@onetel.net.uk Manager – Outreach Service Mansfield & Ashfield Nottingham City North & East Nottinghamshire (Bassetlaw, Newark & Sherwood) South Nottinghamshire 2 King Edward Court King Edward Street Nottingham NG1 1EL 0115 852 3507 0845 30 30 900

0115 844 5095 01623 450 088 0115 844 5993 01909 500 455 0115 844 6070

Witness Service Manager – Witness Service British Transport Police Email: witnessservice.centre@virgin.net

Address 1 Queens Road Nottingham NG2 3AS

Phone 0115 986 9924