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Decisions of the PCC - December 2017

On this page, any decisions made by the Police and Crime Commissioner for Cleveland will be published. The table below outlines each decision supported by the Decision Form used by the Commissioner to justify the decision.

Note: Where a link to the decision document is unavailable. this will be updated as soon as possible.

Decisions of the PCC - December 2017
Decision Ref No Decision Title Decision Summary Date Authorised 
 2017-56442 Funding for Biker Boyz

Hartlepool Borough Council is running a diversionary bike repair project for young people called 'Biker Boyz'. The members of the project have either breached their antisocial behaviour (ASB) agreements or are involved in ASB.  The project aims to divert the young people from reoffending.  A Restorative Justice Coordinator will be working closely with the members and providing support where necessary.

The funding provided will be used to purchase the necessary tools and equipment needed to sustain the bike repair project and for an ASDAN accreditation for the young people involved.

This project supports the PCC's objective of Tackling Re-offending. 

 2017-57592 Recovery Ready Connections

Recovery Connections is a peer led organisation based in Middlesbrough. They started out as Hope North East founded in 2008 by members of the local recovery community and rebranded in 2016.

They have developed an Ambassador Programme that provides training to individuals who are in abstinence based recovery. The Recovery Ambassadors provide visible recovery across Middlesbrough Recovering Together and act as the attraction for those people in active addiction.

Recovery Connections have requested funding for resources and material to promote their work through Recovery Events targeting the hardest to reach in the community.

This initiative supports the PCC's objective of Working Together to Make Cleveland Safer.

 2017-57598 Billingham Community Newspaper
funding to provide Pensioners Christmas Party and Christmas in the Clarences

Billingham Community Newspaper is a voluntary run organisation that provides households and businesses within Billingham, Port Clarence, Wolviston and Wynyard with a community newspaper. 

They have requested funding for two Christmas Community Events they are hosting in December 2017.  The first event is Christmas in the Clarences which is aimed at young children and their families. The funding the PCC provides will pay for a disco and a chocolate selection box for each child. The second event is a Pensioners’ Party and funding will provide a three course meal for the pensioners, a small gift and decorations. Children from a local primary school will be involved in serving the food and chatting to the pensioners. Support has already been secured to provide a Christmas card and a chocolate selection box for every senior citizen that attends. The pensioners that attend may be lonely and isolated so this event gives them the chance so socialise with others.

The funding provided supports the PCC’s objective of Securing the Future of our Communities. 

 2017-57811 VCAS Contract Extension April
2018 - March 2020

The Police and Crime Commissioners for Cleveland and Durham have made clear their commitment to put victims at the heart of the criminal justice system. They jointly chair the Cleveland and Durham Criminal Justice Partnership and each have Victims Strategic Planning Group meetings to improve victims’ services.

The PCCs in 2015/16 agreed that due to the changing legislation for victims services, the changing environment for the provision of services and increasing service providers, to tender for a service provider.

Safe in Tees Valley was selected to provide the Cleveland and Durham Victim Care and Advice Service. The contract was awarded on 1 April 2016 on a two year basis with the option of extending the contract for a further two years.

The Cleveland OPCC and Durham OPCC have reflected on the achievements of the Victim Care and Advice Service (VCAS) over the initial 18 months of service and have been provided with details of activities that have provided additional benefit/value to the core victim service.

Safe in Tees Valley have provided a proposal to maintain the cost of the contract whilst also expanding the current service specification.

 2017-57817 Mutual Aid 2017/18

Cleveland Police has supported a number of mutual aid deployments between August - September 2017 which were not part of the budget set at the start of the year. 

In line with national guidelines the provision of mutual aid is charged to the force to whom the mutual aid is being provided.

Cleveland Police has incurred expenditure that was not provided for when setting the 2017/18 budget in providing mutual aid, of £73,014.59. The total amount to be reimbursed to Cleveland for providing these services is £87,391.66, which takes into account the full costs, in line with national charging agreements, of the services provided.

The mutual aid deployments have been as follows

  • Sporting Event - Sheffield United v Barnsley - South Yorkshire Police (£6,977.18)
  • Sporting Event - Barnsley v Sunderland - South Yorkshire Police (£3,710.93)
  • Operational Support - GMP Pride - Greater Manchester Police (£4,611.47)
  • Protest/March - Operation Grasabbey - West Yorkshire Police (£12,300.59)
  • Sporting Event - Sheffield Wednesday v Sheffield United - South Yorkshire Police (£27,073.75)
  • Sporting Event - Grimsby Town v Lincoln City - Humberside Police (£11,407.63)
  • Protest/March - Operation Teal - Northumbria Police (£12,683.82)
  • Sporting Event - Barnsley v Aston Villa - South Yorkshire Police (£8,626.29)

Cleveland Police is therefore requesting the release of £73,000, from the income to be received by the PCC, to pay for the additional costs that they have incurred in providing this mutual aid. This will result in an increase in the budget available to the Chief Constable of £73,000 which will in turn ensure that the provision of mutual aid has not reduced the funding available to the Chief Constable for policing within Cleveland.

The 'over-recovery' of income of £14,391.66 will lead to an underspend during 2017/18 and will be made available to support future financial plans.

This initiative supports the PCC's objective of Investing in our Police.

 2017-58551 Determination of Payment Arrangements
for Acting Chief Constable

The PCC approved on Decision Record Form 2017-00051160 the legal arrangements for an Acting Chief Constable in the light of the retirement of Chief Constable Iain Spittal, with Deputy Chief Constable Simon Nickless assuming the role of ‘Acting Chief Constable’ within the meaning of s41 Police Reform & Social Responsibility Act 2011  .

These arrangements are due to commence at 00:01 on 16 December 2017 for so long as the vacancy subsists.

As a result of the Acting arrangements, the PCC also needs to approve the payment arrangements which will apply to Mr Nickless during this period. In the current circumstance Mr Nickless will be acting up to the full duties of the Chief Constable with effect from the 16th December 2017 until the vacancy is filled.

Regulation 27 of the Police Regulations 2003 empowers the Home Secretary to make Determinations on Temporary Salary. The relevant part of this determination is Annex I which states:

After 28 consecutive days of being required to perform the duties normally performed by a member of the force of a higher rank than his own, an officer of a substantive rank of or above assistant chief constable will be paid at a rate equivalent to 90% of the higher rank’s basic pay or receive an honorarium of an amount determined by the police authority (now PCC).

The Chief Constable vacancy will not be filled within 28 days of the leaving date of Iain Spittal and therefore it is reasonable to set out what should happen during the period of the vacancy in terms of payment for the period of the vacancy.

In terms of payment, it is the individual officers’ choice to elect whether to be paid by way of honorarium or at a rate equivalent to 90% of the higher rank’s basic pay. Mr Nickless has elected to take the payment as an honorarium.

The ‘Basic’ pay for the role of the Chief Constable of Cleveland Police is £139,890 in comparison to the role of Deputy Chief Constable within Cleveland Police of £115,383.

The honorarium can accordingly be for a value of up to £24,507 per annum, which would then be paid pro-rata until the vacancy is filled.

Given the above, the honorarium would start 28 days after the period of acting began, which in this case is the 13th January 2018 and will continue until the vacancy is filled.

2017-56703 Procurement Report for
the Sexual Assault Referral Centre (SARC) and Independent Sexual Violence
Advisor Service (ISVA)

The current SARC model for victims across Cleveland was introduced in 2007 following financial commitment from the then Cleveland Police Authority (CPA) and the 4 Tees Primary Care Trust’s (PCTs). Subsequently the PCT funding and CPA funding is now held by NHS England Health & Justice Cumbria and the North East and the Police and Crime Commissioner for Cleveland.

Both NHSE and the OPCC wish to build on and improve on the historical joint funding arrangements first implemented with the SARCs inception in 2007 by CPA and the 4xPCTs. This is in line with current national guidance on commissioning sexual assault services which advocate the development of collaborative commissioning arrangements between PCC’s and NHS England. There is a duty as commissioners to reduce inequalities and work collaboratively to improve outcomes for populations.

A decision was made for the Police and Crime Commissioner for Cleveland to lead on the procurement for the joint commissioning of the Teesside SARC, Teesside ISVA and regional crisis worker service to commence 1st April 2018. Following consultation with neighbouring PCC’s it was agreed that Northumbria, Durham and North Yorkshire were to be named on the procurement to enable future collaboration for the services. Crisis worker provision for Northumbria and Durham was to be included in the outset of the procurement.

Following detailed consultation with key stakeholders including a Service User to ensure that the service would capture all of the needs a service a specification for SARC and ISVA was drawn up.

Additional Service user involvement in the form of focus groups ran via a number of local voluntary sector specialist sexual violence services in which service users were invited to respond to a range of questions presented by the commissioners in relation to the service proposals was included in the consultation to ensure that the specification included the victim’s voice.

An open tender was carried out using EU Supply as the tender portal, advertising the contract in Contract Finder and OJEU as per the Public Procurement Regulations 2015. An open tender is a competitive exercise whereby a tender is advertised and all bidders expressing an interest can access the tender documentation and submit a bid.

The appendix to this decision record form contains full details of the procurement process and outcome.

 2017-59292 Restorative Justice Services

Police and Crime Commissioners (PCCs) are responsible for the overall availability of Restorative Justice (RJ) services to those harmed by crime in their local area.  In order to achieve this, specific funding is provided by the Ministry of Justice (MOJ) from which to commission local service delivery. This funding is restricted to victims of crime and RJ that is victim initiated. However, much concern has been raised nationally as to whether restricting to victim initiated RJ is reducing the pool of potential victims and offenders willing to take part.

In the 2015-17 Police and Crime Plan the PCC for Cleveland made a commitment to ‘continue working with partners towards establishing a consistent approach to Restorative Justice’.  Therefore in April 2015, the PCC made a pledge together with partners to develop the concept of Restorative Cleveland, the aim being to ensure that at any stage of their journey victims can access high quality RJ that builds on existing provision and ensures a high level consistent service across the Cleveland area.

The current service is being delivered through secondments to the PCC, however it was proposed that the current arrangements come to an end on 31 March 2018 as per grant agreements and a service specification be developed to allow a tender process to take place.  It was anticipated a service specification be developed during 2017/18 to enable the awarding of a contract by 1 April 2018. 

In November 2017, an advert was placed in the European Journal and the Bluelight E-tendering system inviting suppliers to bid for the service. An open tender was carried out using EU Supply as the tender portal, advertising the contract in Contract Finder and OJEU as per the Public Procurement Regulations 2015.

11 suppliers expressed and interest, however only three bids were received by the closing date of 12 Noon on the 5th December 2017.

In addition to a number of mandatory pass/fail questions such as mandatory/discretionary exclusion/financial viability/insurance etc., the evaluation criterion was 50% Quality and Service Delivery, 10% Case Study/Presentation and 40% Price. Although in the current financial climate price is a key factor, it was felt that a quality service particularly in relation to victim focus was procured.

The evaluation team which consisted of Procurement, OPCC staff and an independent evaluation team member from North Yorkshire PCC scored the bids and case study in accordance with the evaluation criteria issued with the bid documents. The outcome of the evaluation process was:

Bidder 1 – 67%                     Bidder 2 – 62.02%               Bidder 3 – 70%

Bidder 3 price submission was in line with the financial envelope as was the most economically advantageous tender. The acceptance of the preferred bidder has been approved in line with the current Contract Standing Orders.  The award of the contract is published as it was agreed to be of public interest.

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