029/2014: Membership of the Road Safety Trust (National Driver Offender Retraining Scheme) – 17 February 2015
Executive Summary and recommendation:
In common with all Police & Crime Commissioners, the Commissioner for North Yorkshire has received a recommendation from the Association of Police & Crime Commissioners, to the effect that as local policing body for North Yorkshire, the Commissioner should enter into the new corporate governance arrangements for the National Driver Offending Retraining Scheme (NDORs).
New corporate arrangements are necessary as a result of the changes to the national umbrella body for Chief Police Officers, specifically the transition from ACPO to the National Police Chiefs’ Council.
This Decision Notice requests that;
The Commissioner for North Yorkshire notes the material circulated by the APCC and the recommendations arising from it;
That the Commissioner for North Yorkshire assumes membership of the Road Safety Trust;
That the Chief Executive Officer be authorised to continue to engage at a regional and national level in relation to any necessary assurance work in respect of the new structures and arrangements; and the appropriate finalisation of the predecessor arrangements.
Police and Crime Commissioner decision: Approved
Signature: 
Date: 17 February 2015
Title: Police and Crime Commissioner
Part 1 – Unrestricted facts and advice to the PCC
- Introduction and background
NDORs is the umbrella arrangement under which alternatives to prosecution such as ‘speed awareness courses’ offered in respect of certain categories of driving offence are accredited, administered and technically supported.
New corporate arrangements are necessary as a result of the changes to the national umbrella body for Chief Police Officers, specifically the transition from ACPO to the National Police Chiefs’ Council. The ACPO Transition team and the APCC Board prefer – and have agreed that work with regards to the previous arrangements will continue separately to the changes now proposed. The Police and Crime Commissioner and the Chief Executive Officer will maintain involvement as they deem necessary to oversee and ensure local interests are met in relation to any residual matters once the scheme arrangements change.
The full text of the recommendation from the APCC Chief Executive is as follows
NDORS – NEW ORGANISATIONAL MODEL – MEMBERSHIP ARRANGEMENTS UPDATE
I am writing to update you on the modified governance and operational arrangements for the National Driver Offender Retraining Scheme (NDORS) and to seek your agreement to join the Scheme.
Currently all police forces in England, Wales and Northern Ireland and most, if not all safer roads partnerships benefit from membership of the Scheme and the ambition of the new structure is to ensure that NDORS achieves the aims and objectives of police forces including: transparency, oversight, accountability and operational efficiency focused on improving the safety of UK roads for all road users.
Earlier this month we sent out the final proposals for the new arrangements. As you know, I have recently been working with the ACPO Review Team and PWC to address a number of concerns relating primarily to executive powers, funding arrangements and organisational representation. It was absolutely right and necessary to consider alternative operating models and review the proposals to ensure absolute clarity and transparency moving forward. I am pleased to report that the Board have accepted the modified arrangements which I believe will help forces to provide added value and safety benefits for all road users.
The proposals introduces a new governance model which addresses a number of historic arrangements providing full and appropriate operational control and remove any management burden and commercial risks for forces. They provide a long term national solution, with clear accountability, responsibility and transparent scrutiny for the future including a mechanism to recover appropriate costs incurred to deliver the Scheme.
We anticipate that the new organisation, known as “The Road Safety Trust” will need to enter into commercial support contracts, through its operational arm, “UK ROEd Ltd” with IT service providers and specialist training and support services providing the necessary flexibility and expertise to support the Scheme. An independent governance board will provide oversight and scrutiny and I will have “power of veto” thus ensuring that member forces have the final say. It is hoped that a volunteer Police & Crime Commissioner, with the appropriate knowledge and experience will also join the Board. Please do contact me if you would like to be put forward for this position.
I hope that the material provided to you is sufficient to allow you to become a member of the Road Safety Trust, thereby enabling the force to continue to benefit from the Scheme.
- Matters for consideration
Placing reliance upon the material supplied by the APCC, membership of the Road Safety Trust will permit participating PCCs (or Chief Constables, if Schemes of Consent allow them to assume membership) to take part in appointing the trustees and influence the development and direction of NDORs. There appears also to be the need to make special – and perhaps more complex – arrangements for participation in the scheme for those organisations who do not assume membership of the Road Safety Trust through their appropriate corporation sole (in North Yorkshire, the contracting corporation sole would be the PCC). Any disturbance to the smooth operation of the scheme can be avoided by assuming membership of the Trust whilst remaining committed to the effective scrutiny of the new corporate governance structure and any residual matters relating to the previous delivery model.
The Road Safety Trust will also be responsible for applying any residual surplus from administrative levies on course participants, to charitable purposes of a road safety nature. That stewardship role is important within the context of the public interest in ensuring the proper application of such funds.
The PCC will note that the APCC recommendation indicates that the maximum financial liability accruing to the PCC in respect of membership is the sum of £1.00 in the event of the winding up of the Trust.
- Other options considered, if any
The new scheme is effectively a continuation of an existing arrangement under different governance arrangements. As a road safety measure not being able to offer this would be operationally restrictive and North Yorkshire Police wish to continue to offer the scheme as a disposal route.
Since its inception, the Scheme has grown considerably and now involves hundreds of thousands of users each year. It is envisaged that the Scheme may continue to grow in terms of scope of courses and participation. As a direct result it should expect to come under greater public scrutiny. The new governance model will place the operation of the Scheme under the direct control of police forces and also facilitate oversight by independent people, in the guise of Trustees of the Road Safety Trust. It is anticipated that greater transparency will further improve confidence in the Scheme and its operation. Moreover, it will also make it easier for police forces to demonstrate the public benefits the Scheme generates.
Police and Crime Commissioners (PCCs) will be represented on the Road Safety Trust Board via a PCC having a standing position as a representative of the Association of the Police and Crime Commissioners. The Commissioner for North Yorkshire will maintain an active oversight in both the future arrangements and management of any residual issues arising from the previous arrangements.
- Contribution to Police and Crime Plan outcomes
Prevention and early intervention – identifying problems early and working with partners, it is possible to reduce the number of incidents as well as risk and harm to individuals and communities. Road Safety is an important issue across North Yorkshire. We aim to continue to help communities and local organisations in developing effective strategies to keep road users safe, from education to enforcement.
People First – our focus is to ensure a first-rate service is provided to the communities of North Yorkshire and the City of York by actively engaging with the public at every opportunity. This scheme identifies drivers who have committed driving offences and refers drivers who are eligible for a driver retraining course under the Scheme as an alternative disposal method aiming to educate drivers and keep road users safe from harm.
- Consultations carried out
Consultation has been undertaken at a national level including engagement with ACPO, the Association of Police and Crime Commissioners and a number of Chief Executive Officers.
- Financial Implications/Value for money
From the information provided the maximum financial liability accruing to the PCC in respect of membership of this Trust is £1 and this would only occur in the event of the winding up of the Trust. Therefore there are limited financial implications that flow from this decision. The greater financial impact might come if the PCC was not a party to this agreement and whether the Driver Training Schemes offered within North Yorkshire would be possible without being a Member of this Trust.
- Legal Implications
Having read this report and having considered such information as has been provided at the time of being asked to express this view, including due diligence matters, the Acting Force Solicitor and Head of Legal Services is satisfied that this report does not ask the PCC for North Yorkshire to make a decision which would (or would be likely to) give rise to a contravention of the law.
- Equality Implications
There are not expected to be any equality implications as a result of making this decision. The offer of courses and management of the scheme are in accordance with good practice and transparent processes with regards to equality and diversity.
- Human Resources Implications
No obvious people issues are noted.
Public Access to information
The Police and Crime Commissioner wishes to be as open and transparent as possible about the decisions he/she takes or are taken in his/her name. All decisions taken by the Commissioner will be subject to the Freedom of Information Act 2000 (FOIA).
As a general principle, the Commissioner expects to be able to publish all decisions taken and all matters taken into account and all advice received when reaching the decision. Part 1 of this Notice will detail all information which the Commissioner will disclose into the public domain. The decision and information in Part 1 will be made available on the NYPCC web site within 2 working days of approval.
Only where material is properly classified as restricted under the GPMS or if that material falls within the description at 2(2) of The Elected Local Policing Bodies (Specified Information) Order 2011 will the Commissioner not disclose decisions and/or information provided to enable that decision to be made. In these instances, Part 2 of the Form will be used to detail those matters considered to be restricted. Information in Part 2 will not be published.
Part two
Is there a Part 2 to this Notice – / NO (please delete as appropriate)
If Yes, what is the reason for restriction –
Originating Officer Declaration
Author name: CEO Joanna Carter
Collar number: 3594
| Name (Collar Number) | Date of completion (√) | |
| Head of Departmenthas reviewed the request and is satisfied that it is correct and consistent with the NYPCC’s plans and priorities. | 003594 Joanna Carter | 02.02.15 |
| Legal AdviceLegal advice has been sought on this proposal and is considered not to expose the PCC to risk of legal challenge or such risk is outlined in Part 1 or Part 2 of this Notice. | 003840
Jane Wintermeyer |
05.02.15 |
| Financial AdviceThe CC CFO has been consulted on this proposal, for which budgetary provision already exists or is to be made in accordance with Part 1 or Part 2 of this Notice. | 004317
Michael Porter |
03.02.15 |
| Equalities AdviceEither there is considered to be minimal impact or the impact is outlined in Part1 or Part2 of this Notice. Author to complete as Equalities matters are mainstreamed within departments. | 003594
CEO Carter |
02.02.15 |
| HR AdviceHR advice has been sought in relation to any people related matters
|
004647
R Holmes |
03.02.15 |
| I confirm that all the above advice has been sought and received and I am satisfied that this is an appropriate request to be submitted for a decision |
Signature Date
Joanna Carter 02 February 2015
- Published on