Sussex

Multi-Agency Public Protection Arrangements

ANNUAL REPORT 2002-3

Foreword
By Paul Goggins, Parliamentary Under-Secretary Community and Custodial provision in the Home Office. for

As the recently appointed Minister with responsibility for the MAPPA, I am pleased to introduce this, the second, annual MAPPA report. It is clear that in the last year (2002/3) the multiagency public protection arrangements (the MAPPA) continued to play an important role in what remains one of this government’s highest priorities – the protection of the public from dangerous offenders. As someone with many years experience of working in the field of child protection, I am particularly impressed by the important contribution the MAPPA are making to strengthen collaboration between agencies at a local level where the focus is on the dangerous offender. These improvements must, however, impact on the protection of children. As the tragic death of Victoria Climbie showed, an effective multi-agency partnership is crucial and the MAPPA are an important element. To ensure greater consistency in the MAPPA across the 42 Areas of England and Wales, and to prepare for the implementation of measures contained in the Criminal Justice Bill, we published the MAPPA Guidance in April. Building on good practice, that Guidance clarified the structure of the operational arrangements as well as the importance of formal review and monitoring – of which this annual report is a vital part. The Criminal Justice Bill will strengthen the MAPPA in two ways. First, it will make the involvement of other agencies part of the statutory framework. Second, it will introduce the involvement of lay people – those unconnected with day-to-day operation of the MAPPA – in reviewing and monitoring the MAPPA. Annual reports and this new lay involvement show the Government’s commitment to explaining how the often sensitive and complex work of public protection is undertaken.

The Government is also strengthening the protection of the public with other measures in the Criminal Justice Bill. They include new sentences for dangerous offenders to prevent their release if they continue to be dangerous. Additionally, the Sexual Offences Bill will tighten up sex offender registration, introduce a new offence of ‘grooming’, and enable sex offender orders to be imposed on violent offenders who pose a risk of causing serious sexual harm – thereby extending sex offender registration to them. I commend this report to you and congratulate all the agencies and individuals who have contributed to the achievement of the MAPPA locally in your local Area.

Paul Goggins

The National Picture
This section of the report draws attention to wider context of the operation and development of the Multi-Agency Public Protection Arrangements (the MAPPA). The most important work undertaken within the MAPPA is done locally, led by the Police and Probation – who act jointly as the ‘Responsible Authority’ in your Area – and in each of the 42 areas of England and Wales. The experience and good practice upon which this work is based began in the 1990s – most significantly as a result of the closer working relationship required by the Sex Offender Act (1997). The Criminal Justice and Courts Services Act (2000) formalised that relationship and built on the existing experience by requiring the Police and Probation Services to establish arrangements (the MAPPA) for assessing and managing the risks posed by sexual and violent offenders. The Act also required the Responsible Authority to publish an annual report on the operation of those arrangements. This report, covering April 2002 to March 2003, is the second annual report. The importance of partnership Key to the development of the MAPPA in the past year has been the closer involvement of other agencies, such as housing, health and social services, working alongside Police and Probation. The truly multi-agency nature of the MAPPA and the collaboration which underpins it is to be strengthened further by the Criminal Justice Bill. The Bill will place a ‘duty to cooperate’ on a wide range of organisations including local health authorities and trusts; housing authorities and registered social landlords; social services departments; Jobcentres; Youth Offending Teams; and local education authorities. In addition, the Prison Service will join the Police and Probation services and become part of the MAPPA ‘Responsible Authority’.

Supporting and co-ordinating the development of the MAPPA throughout the 42 Areas of England and Wales, is the National Probation Directorate’s Public Protection Unit (PPU). This Unit acts as a central point for advice and, increasingly, involvement in the management of difficult cases. These include, for example, UK citizens who have committed serious offences abroad and return to this country without anywhere to live. The Unit is also able to provide financial support when the risk management plans make exceptional demands upon local resources. Involving the public MAPPA developments in the next 18 months will also include the appointment by the Home Secretary of two ‘lay advisers’ to each Area. The eight Areas of England and Wales, which have been piloting these arrangements since January (Cumbria, Greater Manchester, Durham, South Wales, Dorset, Hampshire, Surrey and West Midlands), report that they add real value. Lay advisers will contribute to the review and monitoring of the MAPPA which is undertaken by each Area’s Strategic Management Board – the work of which you can read more in this report. The purpose of appointing ‘lay advisers’ is 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. The lay advisers will not ‘represent’ the community in the way, for example, that local councillors do, nor will they be involved in operational decisionmaking. And, given the sensitivity of much of what the MAPPA does, especially with the few offenders who pose a very high risk of serious harm to the public, it is not practicable for the general public to be involved. Lay advisers will, however, ensure an appropriate and a practical level of community involvement.

MAPPA Offenders This year the annual report provides a more detailed breakdown of the number of sexual and violent offenders who are covered by the MAPPA in your Area. As last year, the figures include the number of registered sex offenders. Because sex offender registration is for a minimum of 5 years (and generally for much longer) the figures are cumulative. This is why they have increased – by 16 per cent in England and Wales. Only a very small proportion (about six per cent throughout England and Wales) 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 Panels (the MAPPP). Figures alone do not, of course, tell the whole story. The anonymised case studies illustrate the practical work of the MAPPA and demonstrate the preventative 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.

If you are interested in reading the reports of other Areas, they will be published on the National Probation Service’s website www.probation.homeoffice.gov.uk (under the public protection section) with all of them being available once the last Area has published its annual report in September.

1. Area Summary
A number of high profile serious incidents in Sussex over the past decade have ensured that public protection remains high on the agenda of all public authorities in the area. This annual report details the continuing work of the Responsible Bodies (Police & Probation) and our other partners in response to the provisions of Sections 67 & 68 of the Criminal Justice & Court Services Act 2000. Background Multi-Agency Public Protection Arrangements (MAPPA) had their origins in Sussex through the development by the Probation Service of a potentially dangerous offenders protocol which was supported by a number of public service bodies in Sussex during the mid 1990s. Signatories included the Probation, Police, Social Services, Health and Housing from the County Council areas of West and East Sussex as well as the Unitary Authority area of Brighton & Hove. The original aims of the protocol were to identify those persons within our communities who posed the most imminent risk of causing serious harm, to share information between agencies and to ensure all opportunities for positive intervention were jointly explored. In response to the Sex Offenders Act 1997, Sussex Police and the Sussex Probation Service made joint arrangements for the assessment and management of those offenders required to register with the police under this Act. Although these arrangements ran parallel to the PDO protocol the same public bodies supported this work in partnership. Both of these initiatives paved the way for the current MAPPA and led to open and honest information sharing combined with joint risk management meetings.

Following the Criminal Justice and Court Services Act 2000 the procedures for managing PDOs and sex offenders were reviewed and updated to ensure compliance with Sections 67 and 68 of the Act. The resultant revised protocol details these arrangements and has been agreed by not only the Police and Probation Service who have statutory responsibility but also Health, Housing, Social Services and Youth Offending Teams across Sussex. More recently the Prison Service has been included to reflect the importance of information sharing for those offenders in prison in preparation for their subsequent release. The Sussex arrangements provide an effective process for the identification and sharing of information about sexual offenders, violent offenders and other dangerous offenders. However our response to this vital area of public protection is constantly evolving. The formal arrangements are not intended to replace the effective day-to-day work already undertaken by practitioners within agencies in relation to these offenders but rather to ensure that all opportunities are explored and supported with clear senior management oversight and deployment of resources against those who pose the most serious risk. The sharing of information between partner agencies remains critical and involves a careful balance between its use to protect the public and consideration for the rights of the individual offender to privacy. For this to be effective and for there to be confidence in the process the wider disclosure of information regarding any offender is subject to strict control and only undertaken where necessary. Authorisation for disclosure is made by senior managers and follows legal advice.

Significant developments in the last year have included the establishment of a formal review process to enable lessons to be learnt where an offender, subject to the arrangements, is involved in a serious incident. Such reviews have been undertaken on two occasions as detailed in the statistical information. Within the Police, dedicated officers of Constable rank have been appointed on each division to lead in the area of public protection with particular reference to the management of Registered Sex Offenders (RSOs). Training in the national Probation / Prison Service risk assessment tool called the Offender Assessment System (OASys) has been undertaken by the Probation Service and has included joint instruction with those police officers involved in public protection work. In October 2002 a multi-agency practitioners' conference was held in Sussex to share good practice and current developments between agencies involved in the arrangements. This was well received with over 100 attendees and has enabled even more effective joint working. There are plans to make this an annual event.

2. Roles and Responsibilities
All the relevant agencies from East Sussex, Brighton & Hove and West Sussex are actively engaged in the multi-agency arrangements for public protection. A summary of their roles and responsibilities in relation to this work is outlined as follows Sussex Police - Operates across the whole of Sussex and are jointly responsible with the Probation Service for the development and management of the arrangements. They chair and co-ordinate the meetings and are primarily responsible for the management of the registration of those sexual offenders who are required under the act to register with the police. They contribute enforcement activity including the monitoring of offenders, disclosure, the obtaining of sex offender orders and the prosecution for any offending. Sussex Probation Area – is coterminous with Sussex Police. The area is jointly responsible for the chairing of MAPPPs and the Strategic Board. Staff provide information to MAPPA to inform decisions. Probation staff supervise adult offenders subject to community sentences and post-release licences. Specialist Public Protection teams supervise cases that present a high risk of of harm. Key roles include providing risk assessments, managing risk management strategies and enforcing orders and licences when offenders do not comply Sussex Probation Area is also responsible for the Victim Contact Scheme which feeds information into MAPPA to inform risk management. Social Services / Social Care Agencies - These work within the county and unitary authority areas of East Sussex, West Sussex and Brighton & Hove. They have responsibility amongst other roles to protect children and vulnerable adults from abuse. Some posts are the joint responsibility of Health, whilst others come under the remit of the local authority. Forensic Community Mental Health Teams - Are responsible, amongst other roles, for the assessment and treatment of offenders requiring psychiatric treatment and includes mentally disordered offenders and those with personality disorder. Treatment includes both community based and that provided in secure residential facilities. Housing - Local Authority Housing Departments and Registered Social Landlords work to a number of local authorities across Sussex through district, borough and city councils to provide housing support for those in need. Representatives from housing are able to assist the MAPPA to provide suitable accommodation for problem offenders considered by the arrangements. Youth Offending Teams - The three YOTs across Sussex supervise all offenders under 18 years of age who are subject to community sentences or post release license. They support the arrangements through risk assessment and effective risk management strategies for young offenders. Prison Service - There are two prisons in the Sussex area and representatives from those prisons support the arrangements through professional advice and guidance in relation to those offenders who have served sentences, both within our local prisons and elsewhere. Much effective work is undertaken by the service in relation to sexual and violent offenders pre-release including effective risk assessment and treatment programmes.

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3. The Operation of MAPPA
The day to day work of all agencies engaged in the area of public protection provides the backbone for risk management and in most cases is effective in reducing further offending. The arrangements provide a process to ensure all cases required to be considered (sexual, violent and other dangerous offenders) are referred and thereby allowing information sharing, risk assessment and the identification of those who pose the highest risk to our community. Senior management oversight of these critical cases ensures resources are prioritised and made available to reduce that risk. Cases that fall within the remit of MAPPA are: • all sex offenders subject to registration under the Sex Offenders Act All violent offenders sentenced to at least 12 months in custody

Other offenders who are considered to pose a risk of serious harm to the public

These cases are normally referred for an initial screening via the local Risk Assessment Meeting (RAM). There are five RAMs, one in each police division. Therefore, there are two in West Sussex, two in East Sussex and one in Brighton & Hove unitary authority area. The RAM sits monthly and is chaired by the divisional Detective Inspector supported by the local Senior Probation Officer. Managers from other partner agencies also attend. The purpose is to review the risk management plan which has been produced by practitioners and by working together remove any blockages to the effective operation of that plan. The majority of the referrals are by either the police (mainly registered sex offenders) or the Probation Service (violent and sex offenders) but any agency can refer cases where there is concern for public safety. Registered sex offenders will be subject to a home visit by a public protection officer from the police who will undertake a risk assessment using the national matrix 2000 model. Dependent on that risk assessment, combined with any additional information from partner agencies, the offender will be reviewed at the RAM at regular intervals. The more serious cases being reviewed on a more frequent basis. In addition, should further information come to light which impacts on the level of risk then the management of the offender can be reviewed earlier. For higher risk cases home visits are undertaken jointly between the Police and Probation. By definition the majority of violent offenders would have been

sentenced to imprisonment for 12 months or more and therefore will be subject to release on license. In these cases the Probation Service have responsibility to establish a management plan and will refer cases to the RAM for information sharing and endorsement of their plan. These cases would be supported by a full risk assessment using the national OASys model. Risk management plans include a variety of preventative activities. These can include: • close monitoring • home visits • compulsory attendance at programmes designed to increase the offenders ability to take responsibility for and control their offending and increase their victim awareness • health or housing intervention. support

Example A local RAM was managing a case involving a young adult offender with learning difficulties who, by virtue of his age, fell between the service provision for children and adults. Problems were being encountered in placing the offender into an appropriate educational environment. By referring the case to the MAPPP, senior managers were able to liaise with the service providers and a structured programme of training was agreed that reduced the risk. This in turn allowed the RAM to continue to effectively manage the case. Liaison also takes place on a regular basis with MAPPPs from other areas to allow for the effective management of those offenders who move into or out of our area. Openness of this liaison is essential to ensure travelling offenders do not ‘slip through the net’. Example A Sex Offender with convictions for serious sexual assaults on young boys in the north east of England was living in Manchester, where he had registered. He then moved to Sussex but failed to register with the police. The MAPPP in Manchester continued to monitor this offender and liaised with Sussex. As a result of information shared the offender was arrested on Brighton Pier. He was charged with failing to notify change of address and is now in prison. The co-ordination of the process is achieved through a MAPPA Administrator post which is jointly funded by Police and Probation. This role includes the receipt of all referrals, the placing of the offender onto the appropriate RAM / MAPPP agenda and the subsequent minute taking and circulation to all agencies.

In the vast majority of cases these plans are sufficient to manage the anticipated risk although in addition the meetings have the option to impose greater enforcement action. This action can include closer monitoring of the offender, the obtaining of a sex offender order, disclosure or the revocation of license thus returning the offender into custody. Those cases which pose the greatest risk are referred to Multi Agency Public Protection Panel (MAPPP). These are held in each county / unitary authority area on a monthly basis and are attended by senior managers from both the statutory and partner agencies. The chair is shared between a Detective Superintendent and an Assistant Chief Probation Officer.

Disclosure remains a vital tool in the management of risk by offenders in some cases. Such disclosure may range from specific revelation to nominated persons within agencies who have contact with the offender or to individuals who are known to be at risk from the offending behaviour. In extreme cases wider disclosure to groups within the community may be considered where the risk is serious. Decisions to disclose outside the panels are made by the chair following legal advice from the solicitor for the Sussex Police Authority. In all cases care is taken to balance the rights of the individual against the risk posed by their offending behaviour. Example A 35 year old male had a conviction for indecent assault on young children who he groomed in the area where he resided. On his release from prison he was required to register as a Registered Sex Offender. The case was discussed at the local RAM and information was received that the offender was in local authority provided accommodation. In order to assist in the monitoring of his activity and to raise awareness of potential problems involving local families the RAM authorised the Housing representative to share information with staff in the housing department, thus providing a direct line of communication with the RAM.

Example A man was convicted of indecent assault whilst employed as a sports instructor at an educational establishment. Following his registration as a Sex Offender the RAM was informed that he was advertising unsupervised sports classes for local children in local leisure centres where he was the instructor. This was clearly inappropriate, placing children at risk. It was agreed that formal disclosure was justified. Accordingly the management of the leisure centres concerned were made aware of the background of the offender in order that he could be prevented from using their premises for this unsupervised activity. As a result the risk to children was reduced. By the end of March 2003 there were 553 RSOs subject to MAPPA in Sussex and an additional 631 Violent Offenders considered during previous 12 months. Thirteen other offenders who were considered by agencies to pose a serious risk of serious harm to the public were also monitored. The total number subject to the Multi-Agency Public Protection Arrangements in Sussex last year was 1197. The vast majority of these were assessed as posing minimal risk to the wider community and the reoffending rate is extremely low.

Out of all those considered by the arrangements 88 individual offenders were assessed as posing the most serious risk to the public and their cases were reviewed by the higher panel, the MAPPP. Two offenders out of the 1,197 offenders subject to the arrangements went on to commit serious offences. Both were quickly arrested and have been convicted at court. They are now serving substantial prison sentences.

4. The Strategic Management of MAPPA
A Pan-Sussex Strategic Management Board sits quarterly with the following terms of reference: • • • To monitor the performance of the RAMs and MAPPPs To identify and disseminate best practice To identify and organise necessary training and developmental opportunities for agency representatives • • • To review and amend the multi agency protocol To ensure systems for efficient recording and collation of data To undertake inter-agency reviews involving serious incidents involving cases considered by the arrangements To prepare an annual report to inform the public of the work of the Sussex MAPPA Senior managers from all agencies signed up to the protocol attend the board, which is chaired by a Detective Superintendent. Recent work has included arranging the annual conference and ongoing work to evolve our procedures in line with further guidance published by the Public Protection Unit of the Home Office.

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6. VICTIM CONTACT SCHEME [VCS]
Background The Victim Contact Scheme has provided a service to victims of crime in Sussex since 1995. It has existed in its present form since April 2001 when the Criminal Justice and Court Services Act 2000 took effect. The Victim Contact Scheme is delivered by the Victim Unit within Sussex Probation. The unit comprises of the Victim Service Manager and three Victim Liaison Officers [VLOs]. The unit covers the three local authority areas concerned with the Sussex Multi-Agency Public Protection Panel arrangements. Objectives The Victim Contact Scheme has two key objectives. Firstly to ensure that victims and/or their families are fully aware of the custodial process and are kept informed of any relevant developments in the offenders sentence. Secondly, to ensure that victims and/or their families are given the opportunity to express any concerns that they may have regarding release arrangements for the offender. Who is eligible? The service is available to all victims of serious crimes in which: • the offender receives custodial sentence of months or more there is an identifiable victim the offence is of a sexual or violent nature a 12 At the post-sentence point victims are contacted by the VLO and advised of the service on offer. If they choose to use the scheme, their details are held on a confidential database. The VLO will then liaise with the offender’s supervising Probation Officer to ensure a twoway exchange of information. The supervising Probation Officer will advise the VLO of any significant developments on the offender’s sentence. The VLO will then pass this information onto the victim if appropriate. When release is being considered, the VLO will liaise with the Probation Officer to ensure that any concerns held by the victim are addressed when release arrangements are being made. In cases involving high risk offenders such liaison can result in the imposition of licence conditions excluding the offender from a particular area or prohibiting them from contacting the victim.

• •

Where the victim is a child or is deceased, the service is made available to the victim’s family. How does the scheme work?

Inter agency working A key element of the work of the Victim Unit is the need for interagency working, with the two most significant agencies being Sussex Police and Victim Support. The Victim Unit works closely with both agencies to ensure that victims receive the appropriate service delivered promptly in a sensitive way. This inter-agency co-operation also benefits the risk assessment carried out by VLOs. The following examples illustrate the benefits of inter agency co-operation:

a] An offender was sentenced to 12 months imprisonment for False Imprisonment and Indecent Assault. The victim was the offender’s expartner who informed the VLO of her concerns for the post-release period. She advised that she had been subject to repeat abuse by the offender over a number of years and that he had also recently physically assaulted their teenage daughter. The victim also advised that the offender had a history of ignoring restraints placed upon him – these included driving bans and bail conditions. Having obtained the victim’s permission, the VLO shared the information with the offender’s supervising Probation Officer and with colleagues at Sussex Police. An inter-agency strategy was drawn up to protect the victim and to monitor the offender on his release from prison. The strategy included a licence condition prohibiting the offender from contacting the victim and another excluding him from the family home. Following an attempt by the offender to contact the victim, close liaison between the VLO, the supervising Probation Officer and Sussex Police resulted in a prompt recall to prison. He was subsequently re-released and completed his licence.

b) An offender serving 6 years imprisonment for offences of indecent assault against his own children and against children within his extended family was approaching his release date. His release plan was considered by the MAPPP. The protection of his victims and their families was a paramount consideration in the MAPPPs discussions. As a result, a condition was inserted into the offender’s licence prohibiting his return to the area. Liaison with the MAPPP in another area resulted in a risk management plan and resettlement strategy being implemented in another part of the country.

7. Statistical Information
i. The number of registered sex offenders on 31 March 2003

No. of Offenders
553

ii. The number of sex offenders having a registration requirement who were either cautioned or convicted for breaches of the requirement, between 1 April 2002 and 31 March 2003

14

iii. The number of Sex Offenders Orders applied for and gained between 1 April 2002 and 31 March 2003

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

0

(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 2002 and 31 March 2003 for offenders currently managed within MAPPA

0

v. The number of violent and other sexual offenders considered under MAPPA during the year 1 April 2002 and 31 March 2003 (as defined by section 68 [3], [4] and [5])

631

vi. The number of "other offenders" dealt with under MAPPA during the year 1 April 2002 and 31 March 2003 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])

13

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

39

b) MAPPP - violent and other sex offenders

47

c) MAPPP - other offenders

2

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

15

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

2

Contacts
Sussex Probation Area Nick Smart Assistant Chief Officer Nick.smart@sussex.probation.gsx.gov.uk Address Sussex Probation Service 185 Dyke Road HOVE Sussex BN3 1TL Phone 01273 227979

Sussex Police Alan Ladley Detective Superintendent Alan.ladley@sussex.pnn.police.uk

Address Sussex House Crowhurst Road Brighton Sussex BN1 8AF

Phone 0845 6070 999