New Closure Code For Niche Local Outcome

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1 New Closure Code For Niche Local Outcome Procedure Reference Number: Approved: ACC Ruth Purdie Date Author: DS Simon Newell Transforming Policing Produced: Date Review due: 1 year from publication date. Review approved: (For reviewed procedures only) Name Date Version 1.0 Not Protectively Marked 1

2 Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. 1 Procedure Aim/Purpose/Scope Guidance National Crime Recording Standards Transforming Policing Transforming Policing Principles Transforming Policing template within OEL Criteria Partner agencies Exclusions Local Hub... Error! Bookmark not defined. 2.9 Crime reviewer Performance and Planning Department Responsibilities Appeals Compliance Version 1.0 Not Protectively Marked 2

3 1 Procedure Aim/Purpose/Scope The purpose of Cheshire Constabulary is to ensure that the residents of Cheshire, Halton and Warrington BE SAFE and FEEL SAFE. This can be achieved by doing the right thing to reduce crime and disorder. When purpose is expressed in this way, a completely different set of measures can be developed that can help managers and officers to understand and improve performance. Instead of trying to achieve performance targets, demand should be understood in terms of what service our customers are requesting, what is the root cause of this demand and what actions can be undertaken to prevent this demand from reoccurring. By focusing on doing the right thing, significant efficiencies will be achieved within the system by preventing wasteful and unnecessary activity, which will ultimately reduce demand, reduce reoffending and importantly in these times of austerity, reduce costs. Cheshire Constabulary and Cheshire Police Authority have invested in and made a commitment to systems thinking and Transforming Policing. As a consequence the following principles have been agreed as a framework for which officers are to approach and deal with each call for service, to ensure that we do the right thing to reduce crime and disorder. We do what matters to the victim We act fairly/firmly with the offender (we want to reduce re-offending and future demand) We do what matters to the community Whatever we do we act in the public interest Each of the above principles should be given equal weighting when considering the most appropriate way of dealing with a reported incident with the aim of resolving the incident to prevent future demand. A new disposal code is required because : Existing disposal codes are driving officer behaviour, increasing bureaucracy and reducing the operational capacity of the officer. It will provide a more informed picture of policing in an area allowing a distinction between those offences that are truly undetected (no known offender/insufficient evidence) and those where the offender is known, but the most appropriate action has been taken in accordance with the Transforming Policing principles to prevent a recurrence. If management drive the ethos of Transforming Policing and the behaviour of problem solving to prevent future demand, as opposed to simply achieving a performance measure, crime and disorder will decrease in the long term, thus reducing demand and costs, increasing capacity of the service and lead to an increase in customer satisfaction. Click Here to Return to Index Version 1.0 Not Protectively Marked 3

4 2 Guidance 2.1 National Crime Recording Standards Cheshire Constabulary is committed to the National Crime Recording Standards (NCRS), through compliance to national policy, which in turn leads to greater credibility and openness. From a purposeful recording perspective it is vital that we record accurately the nature of the crimes that occur in order that we have a better understanding of demand, in order that we can design our service and respond effectively in the future If a crime has been reported, it must be recorded as a crime This crime MUST be correctly recorded by the OIC onto Niche before the completion of their tour of duty. 2.2 Transforming Policing Once correctly recorded, the Transforming Policing approach gives the officer the autonomy to deal with the incident in the most appropriate and proportionate fashion, by applying the 4 Transforming Policing principles The aim of officers attending and dealing with an incident should not be to deal with the transaction in isolation to get rid of it off the screen or achieve a positive outcome performance target, but to approach the incident with the intention of preventing it from reoccurring through effective problem solving This can be achieved by addressing the offending behaviour, identifying the underlying root cause of the issue reported and putting measures in place to problem solve that root cause, thus reducing crime and future demand upon the service. 2.3 Transforming Policing Principles The following principles have been agreed as a framework for which officers are to approach and deal with each call for service, to ensure that we do the right thing to reduce crime and disorder. We do what matters to the victim We act fairly/firmly with the offender (we want to reduce re-offending and future demand) We do what matters to the community Whatever we do we act in the public interest Version 1.0 Not Protectively Marked 4

5 2.3.2 Victim Not Protectively Marked When deciding what is the right thing to do for the victim, the officer should consider how to manage any potential risk, their vulnerability, are they a repeat victim, intelligence, other information on police systems, the relationship to the offender, personal knowledge, the circumstances of the incident, the severity of the incident, what agencies can help, and what intervention, preventative measures or referrals will assist Offender When deciding what is the right thing to do for the offender, the officer should consider how to manage the potential risk that they may pose, their offending history, are they a PPO, their relationship to the victim, intelligence, other information on police systems, the relationship to the suspect, personal knowledge, the circumstances of the incident, the severity of the incident, what agencies can help, and what intervention, preventative measures or referrals will assist Community When deciding what is the right thing to do for the community, the officer should consider what impact the incident has had on the community, the impact their resolution will have on the community, the expectations of the community, any emerging trends or ongoing issues within the community and local services are available to assist Public Interest When deciding what is the right thing to do for public interest, the officer should consider whether their response is appropriate and proportionate, whether their intended action will prevent a future incident occurring, the severity of the offence, has the response provided value for money, what would the likely outcome be of pursuing an outcome through the criminal justice system, and be confident that the public would approve of the decision that they had made. 2.4 Transforming Policing template within Occurrence Enquiry Log There is a template on Niche to prompt officers to record how they have applied the Transforming Policing principles. Version 1.0 Not Protectively Marked 5

6 2.4.2 This can be accessed by selecting either investigator action or supervisor comments within the Occurrence Enquiry Log Click on the main body of the Occurrence Enquiry Log and press F3. Scroll down to the bottom of the list and select TP Closure Advice. Version 1.0 Not Protectively Marked 6

7 The template will appear allowing the officer to update the Occurrence Enquiry Log showing how they have considered the Transforming Policing principles to problem solve Not only does this approach assist with embedding Transforming Policing within the organisation but it allows supervisors to assess the level of understanding that their staff have of Transforming Policing and how they are applying it to their working practice. 2.5 Criteria To ensure consistency, the proposed guidelines which have been used as a basis for determining whether an occurrence meets the criteria for closure as local outcome have been adopted. It cannot be finalised if an existing sanction detection (positive outcome) disposal code would be more appropriate; Occurrence Enquiry Log must include rationale of how each of the Transforming Policing principles have been considered; Occurrence Enquiry Log must evidence what action has been taken to problem solve/prevent a recurrence of a similar or related incident; The problem initially reported to the police must have been resolved to the satisfaction of the person reporting; Offender/suspect must accept responsibility for commission of reported incident, or, the offender/suspect accepts and engages with an appropriate referral or intervention intended to prevent reoffending; The victim should have been informed of the action taken and the outcome. Version 1.0 Not Protectively Marked 7

8 2.5.2 Values based decision making model Not Protectively Marked Step 1 Consider options based on law, regulations and force values Step 2 How can I prevent this from happening again by applying TP Principles? Supervision will support decision making to ensure appropriate and proportionate decision is made Step 3 Be confident that the public would approve of your decision Step 4 Take responsibility, decide and act 2.6 Partner agencies As an agency, the police will not be able to effectively problem solve every incident on their own. A lot of emphasis will be placed on working in partnership to tackle deep rooted personal and social issues through appropriate referral and intervention Neighbourhood Policing Units will map the services available within their area that are able to assist in addressing the root cause problems of the incidents that are reported and make these available to front line officers. This will allow a greater range of problem solving options for the officers to consider and utilise when attempting to prevent a reoccurrence The increase in potential to problem solve and reduce long term demand will undoubtedly see more occurrences closed by officers having used the Transforming Policing principles to do the right thing, and the use of this local outcome closure code would provide valuable management information to give an accurate picture of policing. Version 1.0 Not Protectively Marked 8

9 2.7 Exclusions There are currently no exclusions in terms of offence type that this closure code can be applied to, thus promoting the opportunity for the officer to do the right thing on each occasion to prevent a recurrence The main offences where this closure code has been applied are assault, criminal damage, theft, shoplifting, public order, harassment and possession of cannabis It must be stressed that the action taken must be the most appropriate and proportionate response to the incident In cases involving hate crime, domestic abuse and sexual offences, the occurrence cannot be finalised as local outcome, without the authority of a Detective Inspector These principles can also be applied when dealing with non crime incidents, such as anti social behaviour. Officers should use every opportunity to achieve a positive outcome for those involved to prevent future incidents occurring. 2.8 Finalisation Once the incident has been effectively dealt with, the occurrence should be updated by the officer in the case and sent to the local Hub (or supervision dependant on where the workflow started) for finalisation in Niche The local Hub (or supervisor) will finalise the incident under local outcome in the stats classification field. Version 1.0 Not Protectively Marked 9

10 2.8.3 The local Hub (or supervisor) will show the suspect as local outcome in the involved classification The local Hub (or supervisor) will then send the occurrence to the Crime Reviewer for compliance against this policy. 2.9 Crime reviewer To ensure corporacy and accountability, the crime reviewer will authorise occurrences for closure under local outcome in much the same way as the Restorative Justice process Performance and Planning Department The Planning and Performance Department will amend their management information searches so that this closure code can be included within their reporting framework There will be a suite of measures produced by the Planning and Performance Department to assess the effectiveness of the use of Local Outcome, which will include reoffending and end-to-end times Local Outcome is Cheshire police s response to the new crime closure codes introduced by the Home Office on 1 st April Local Outcome will be known nationally as Community Resolution and these figures will be reported to the Home Office as such Vetting and disclosure Offences closed under Local Outcome will follow the same disclosure guidelines as those resolved by way of Restorative Justice in response to CRB applications for employment. Therefore, unless exceptional circumstances dictate and there is specific relevance to the application, the information relating to this closure code will not be disclosed. Click Here to Return to Index Version 1.0 Not Protectively Marked 10

11 3 Responsibilities Not Protectively Marked 3.1 Officer in the case The officer in the case is responsible for managing their own investigations, problem solving by applying the TP principles and preventing future demand Prior to finalisation of an occurrence, the officer in the case must update the Occurrence Enquiry Log to include rationale of how each of the Transforming Policing principles have been considered; The officer in the case must evidence within the Occurrence Enquiry Log what action has been taken to problem solve/prevent a recurrence of a similar or related incident The officer in the case will be responsible for keeping the victim updated throughout the investigative process Supervisors will be held accountable for ensuring the officer in the case deals with incidents in an appropriate manner by applying the Transforming Policing principles to prevent future demand and keeping the victims regularly updated. 3.2 Local Hub / OIC Supervisor The local Hub (or OIC supervisor dependant on where the workflow started) will receive the completed occurrence from the officer in the case for finalisation under this code. They will refer this occurrence to the crime reviewer to ensure the actions taken meet the criteria for an occurrence to be finalised as local outcome The local Hub will then link all outstanding entities, finalise the occurrence as local outcome and alter the involved tab of the suspect to local outcome Prior to finalisation, the local Hub (or supervisor) will check the occurrence to ensure compliance with NCRS. 3.3 Detective Inspector In cases involving hate crime, domestic abuse and sexual offences, the occurrence cannot be finalised as local outcome, without the authority of a Detective Inspector, who should consider the circumstances, quality of investigation, problem solving undertaken and safeguarding measures on a case by case basis. 3.4 Crime reviewer The crime reviewer will provide a consistent and corporate approach to the use of this closure code by assessing the actions taken against the stipulated guidelines for an offence to be closed as local outcome. This will ensure compliance to policy and provide credibility to the data provided by the Planning and Performance Department. Version 1.0 Not Protectively Marked 11

12 3.4.2 This level of scrutiny will prevent inappropriate action being taken by the officer in the case A feedback loop has been established to allow the crime reviewer to address any inappropriate action with the OIC and supervisor. This allows the OIC to learn from mistakes to prevent them from providing a similar response at another incident. For officers who persistently deal with incidents in an inappropriate manner, the issue will be raised to their Inspector to address this performance issue. 3.5 Planning and Performance Department The Planning and Performance Department will report this local outcome data within their information framework to the BCU/NPU By reporting local outcome within the management information, they will provide a more accurate and informed picture of policing in an area, and also change of management focus from performance to problem solving A suite of measures has been developed by the Planning and Performance Department to assess the effectiveness of the use of Local Outcome, which include reoffending and end-to-end times Planning and Performance will report these Local Outcome figures to the Home Office as a crime outcome, but will alter the title of this information to Community Resolution prior to sending. This will ensure that our data is recognised nationally. 3.6 Governance The governance of Local Outcome will sit within the Criminal Justice Department and report to the Criminal Justice Board. 4 Appeals 4.1 Persons affected by the exercise of powers, directives or actions under this policy have the right to make representations and/or challenges and/or appeals to the decision involved, via the judicial processes (e.g. Civil Law) and/or non-judicial processes (e.g. grievance and complaints procedure) and may wish to consult with their legal advisor when considering such processes and procedures. 5 Compliance Click Here to Return to Index I confirm that this document has been drafted to comply with the principles of the Human Rights Act and Equal Opportunity legislation as per force guidance. In addition, Data Protection, Freedom of Information, the National Quality of Service Commitment and Health and Safety issues have been considered. Version 1.0 Not Protectively Marked 12

13 Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation, internal policies and the Force values. I agree that this document is appropriate for disclosure to the public. Signed: Simon Newell. Date: 04/09/12 Equality and Diversity Impact Assessment part 1 Potential X Does the procedure involve any of the following? (tick as appropriate) Impact If any of the boxes below are ticked the impact is high and the Equality and Diversity Impact Assessment must be reviewed annually. High - Exercise of statutory powers? - Dealing with or providing services to the public? - Recruitment & selection, transfer or redundancy processes? - Training opportunities or career development schemes? - Other processes for managing staff? (i.e. discipline, pay, allocation of benefits, etc) - Any other high risks not detailed? If any of the boxes below are ticked the impact is medium and the Equality and Diversity Impact Assessment must be reviewed every 2 years. Medium - Dealing with the public, but not involving the exercise of statutory powers? - Providing services or facilities to staff? (i.e. welfare, shower rooms, parking, intranet etc) - Any other medium risks not detailed? If any of the boxes below are ticked the impact is low and the Equality and Diversity Impact Assessment must be reviewed every 3 years. Low - Administration processes? - Any other low risks? Equality and Diversity Impact Assessment part 2 Consider the community as a whole and each of the protected characteristics: Age (includes all ages), Disability, Sex, Pregnancy and maternity, Race, Religion or belief, Gender reassignment and Sexual orientation, when answering the below: Version 1.0 Not Protectively Marked 13

14 1.Does this activity present an opportunity for improving equality outcomes for any of the protected characteristics? If so, how? Yes. The Public Sector Equality Duty is a duty on public bodies and others carrying out public functions and includes the Police. It ensures that we consider the needs of all individuals in our day to day work in shaping policy and delivering services. The Public Sector Equality Duty consists of a general duty, with three main aims (set out in Section 149 of the Equality Act 2010) and specific duties (set out in secondary legislation and not relevant here). The general duty means we must, in the exercise of all our functions, have due regard to: Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act Advance equality of opportunity between people who share a protected characteristic and those who do not Foster good relations between people who share a protected characteristic and those who do not 2. Is there public/political concern in relation to any of the protected characteristics, attached to this activity? If so, what are those concerns? The use of local outcome has already demonstrated how the process actively considers the treatment of the victim, offender, community and public interest within decision making and resolution of an incident. The wider use of the TP principles across the Force will increase as this way of working is embedded. There are no direct concerns relating to this activity. The supervisory guidance provided to frontline officers using this activity and the safeguarding processes applied by the crime reviewer to ensure accountability will prevent this activity being used inappropriately or disproportionately. The Public Sector Equality Duty encourages us to understand how different people will be affected by our activities so that policies and services are appropriate and accessible and meet different people s needs. By doing this, our policies and services should be efficient and effective. Version 1.0 Not Protectively Marked 14

15 3. What other sources of information have been used in the development of this procedure i.e. HMIC Inspection Reports, Home Office Circulars? 4. Does the procedure relate to the use of a statutory power? If so, under what circumstance could discrimination be acceptable? 5. What data collection process exists for this procedure? How is the data monitored to ensure that the impact is not discriminatory or disproportionate? e.g. Use of community intelligence. If reviewing the procedure what are the results of the monitoring? There is no specific policy delivered by the Home Office on this policy. The basis of this work stems from the Systems Thinking approach to business adopted by Cheshire Constabulary and promoted in the literature Freedom From Command and Control by David Seddon. No There will be a specific closure code within Niche for the use of local outcome. This will allow the Planning and Performance Department to pull data relating to incidents closed using local outcome providing the ability to highlight any discriminatory actions. Supervisors and crime reviewers will also be monitoring the use of local outcome. The Force will not act in a discriminatory fashion in application of this new disposal code and we will monitor for evidence that any discrimination has occurred and act accordingly upon our findings. 6. What evidence is there that actions to address any negative effects in one area may affect other areas of equality? 7. When the Race and Diversity impact assessment has included consultation, who was consulted? (Include a summary of the key points) 8. Has the procedure been altered following the consultation? (Include a summary of the key changes) 9. Has feedback been given to the groups involved in the consultation? There are none. The Communities Unit have advised on Equality, Diversity & Human Rights issues. No Yes Date Impact Assessment completed: 21/09/12 Version 1.0 Not Protectively Marked 15