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Decisions of the PCC - February 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 - February 2017
 Decision Ref No Decision Title Decision SummaryDate Authorised 
 2016-23410 My Sister's Place - Independent
Domestic Violence Advisor (IDVA)
Funding 2017/2018 and 2018/19

My Sister’s Place is a specialist domestic violence service based in the Middlesbrough area.

My Sister’s Place aims to:

  • Deliver accessible, effective, specialist services that are informed and evaluated by service users experiences promoting individual freedom and quality of life;
  • Promote and secure equality of access to safety, justice, health and wellbeing and campaign for change to shape future policy and practice
  • To work with the wider community through education and community involvement to create a cultural shift in attitude to domestic abuse and better equip families to protect their members.

The purpose of this funding is to provide the provision of an Independent Domestic Violence Advisor (IDVA) based in the Middlesbrough area supporting victims across the whole of Cleveland.

 The post will sit within a ‘One Stop Shop’ approach to supporting victims of domestic violence from the point of access, through their ‘same day response’ duty team, to achieving Safety, Social Justice and improved Health and Well Being. The post will work within the Specialist Domestic Violence Court and carry a full caseload of 100.

 The identified outcomes of the IDVA service are to:

  • Increase the safety of victims.
  • Reduce the risk of repeat victimisation.
  • Increase the number of ‘successful outcomes’ through the criminal justice system.
Increase confidence in community safety and better communication between agencies and the public.
 10/02/2017
 2016-23298 Integrated Communications Control System (ICCS)
Replacement

Cleveland Police currently have an Integrated Communications Control System (ICCS) which is old technology; the hardware is no longer able to support necessary upgrades and in addition there is no facility at the M8 fall back site.

In 2018, Central Government will commence their role out of the Airwaves replacement, the Emergency Services Network (ESN).

There is a requirement for the Control Room to be Emergency Services Network (ESN) compliant by September 2017 as the initial plan from the ESN Central Project Team was for the first of the Airwave user organisations to migrate to the replacement network (this has been delayed however at present no communication has been made confirming a revised date for Control Rooms to be ESN compliant).

Kent and Essex Procurement Function have recently tendered and awarded a national framework contract for ICCS which is available for Cleveland to use. This contract has been awarded to a single supplier and therefore no further competition exercises are required.

South Yorkshire Police and Crime Commissioner has recently tendered and awarded a contract for Smart Works to a single provider. This contract is a national contract and available for Cleveland to use. ICCS is a product available under this contract, supplied by a partner to the lead contractor.

Both the Kent and Essex and South Yorkshire contracts enable a compliant route to market. Using such a Framework reduces the procurement costs and also reduces the timescales in the tendering process as suppliers on the Framework are already commercially compliant.

The ICCS provision under both contracts is supplied by the same contractor; this is as lead contractor with Kent and Essex and a sub-contract arrangement via the South Yorkshire contract. The solution available under both frameworks will enable a mirror of that utilised by both North Yorkshire and Durham which could be an enabler for future collaboration.

The benefits from Bidder 2 the South Yorkshire Framework include: Developing relationships with existing partner to the PCC and Force, ICCS back end if not hosted on Cleveland servers, therefore if the Cleveland  IT Servers were lost, the control room could still function.

 10/02/2017
 2016-23430 Appointment of a service provider - Specialist legal
compliance review - Regulation of Investigative Powers
Act 2000

Following a recent hearing before the Investigatory Powers Tribunal (IPT), in which allegations were made that the Professional Standards Department (PSD) of Cleveland Police had inappropriately sought and obtained authorisations under RIPA, it was anticipated that when judgment was given, failings were likely to be found to exist in decision making employed within PSD in relation to the use of powers to obtain communications data.

Both the Police & Crime Commissioner for Cleveland and the Chief Constable have recognised the seriousness of the issues which have emerged in the course of the recent IPT hearing. They consider it necessary proactively to determine whether the apparent failings in this one case, may or may not be symptomatic of individual, institutional or systemic failings and accordingly the Commissioner and Chief Constable have agreed to conduct a full audit and review of cases dealt with by PSD (including the Anti-Corruption Unit), over the course of the last 6 years in which telephone communications data authorisation was sought.

Accordingly the Police and Crime Commissioner for Cleveland (in conjunction with the Chief Constable) has sought to appoint a suitable Contractor to carry out a specialist legal compliance review, for the period since 1st January 2011, with a view to determining whether RIPA authorisations were sought in a procedurally and legally correct manner and authorised in accordance with all relevant legislation, case law, and guidance.

The specification for the service requires that the resulting report be suitable for publication, subject to the Chief Constable’s discretion as to operational sensitivity, and subject to other compelling public interest considerations. The specification also makes provision to the effect that there will be no obligation upon the Contractor to share data (obtained or generated in the process of provision of the Services) with the Police and Crime Commissioner in circumstances in which the Chief Constable considers that such data is operationally sensitive in nature and whose disclosure to the Police and Crime Commissioner would be other than in accordance with normal operational principles.

 16/02/2017
 2016-24865 Appropriate Authority Decision - Police Reform Act 2002
Schedule 3 Part 2 Paragraph 14

In my capacity as the holder of the office of Police & Crime Commissioner; and in particular as appropriate authority in respect of officers of the rank of Chief Constable, including those who have retired, I am satisfied that it is appropriate to formally refer specific matters, amounting to potential conduct matters within the meaning of the law, to the Independent Police Complaints Commission. I am further satisfied that it is appropriate to do so in view of the exceptional circumstances (within the meaning of paragraph 13 of Schedule 3 to the Police Reform Act 2002) and to do so forthwith, today 31 March 2016.

The officer in question is former Chief Constable Sean Price.

The potential conduct matters are set out more fully in the formal referral documentation.

In December 2014 I became aware of an allegation, made against a man, in 2006, of historic sexual abuse. I supported the Force’s course of action taken forward from December 2014, to respond to that allegation in a victim-focussed manner and which discharged all appropriate steps required in relation to the safeguarding responsibilities of the Force and partner agencies.

It was not, in my judgement, appropriate at that time to record or refer any potential conduct matters arising from the way in which the matter had been handled in 2006 (during Chief Constable Price’s tenure) whilst those victim-focussed and safeguarding steps were underway.

I arranged for my Chief of Staff to be kept informed of the Force’s operational steps and latterly, of the engagement by the Force with the Independent Police Complaints Commission which was put in hand by the Force in October 2015.

It remained inappropriate, in my judgement, to record or refer any potential conduct matters in respect of the former Chief Constable following the conclusion of those steps, in view of (amongst other matters) the overriding wish of the alleged victim for absolute confidentiality; and the fact that documentation related to this matter had already been considered by investigators during the criminal and misconduct investigation known as Operation Sacristy.

I am now aware that the criminal investigation undertaken under that victim-focussed approach has concluded in so far as it is possible to do, at this time.

I am also aware, although no individual or agency is at liberty to – or, as far as I know, has any intention to – identify the alleged victim; that the substantive allegation (and questions over the handling of it in 2006) is to be placed in the public domain by the print media on 1 April 2016. This has been notified to my Office as a certainty on 30 March 2016 at 18:36 and I have taken this decision immediately thereafter.

In my judgement this materially affects my earlier assessment of my powers and duties in respect of the referral of the potential conduct matters; specifically, the substantive allegation cannot any longer remain absolutely confidential in the manner previously anticipated as part of the victim-focussed approach.

I am accordingly putting in hand the immediate referral of the potential conduct matters to the Independent Police Complaints Commission.

 20/02/2017
       
 
 
 
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