15-2016 – Police and Crime Commissioners’ and Chief Constables’ North East (NPCC NE) Region Collaboration Agreement – 24 March 2016

Executive Summary and Recommendation:

Sections 22A to 23I of the Police Act 1996, as amended by the Policing and Crime Act 2009, and the Police Reform and Social Responsibility Act 2011, set out the legal requirements for police collaboration. The 2011 Act inserted sections 22B and 22C into the 1996 Act, which place new duties on chief officers and policing bodies to keep collaboration opportunities under review and to collaborate where it is in the interests of the efficiency or effectiveness of their own and other police force areas.

A number and variety of collaborative arrangements for the delivery of policing services are already in place nationally and across the NPCC NE Region. On behalf of the Region, as part of responsibilities under an agreed “lead force” model, North Yorkshire Police has undertaken a review of the two services of Chemical, Biological, Radiological and Nuclear (CBRN) and the Disaster Victim Identification (DVI) aspect of the wider Civil Contingencies response.  From this review, outline business cases for these service responses have been formally approved by the Region’s Chief Constables and Police and Crime Commissioners including the recommendation:

“A single Section 22A Agreement between all seven forces in the Region is required to form the legal basis for collaborative working.

A sub-functional agreement specifically for CBRN (and for DVI) is also required to detail bespoke arrangements not specified in the overarching Section 22A Agreement.” 

Thus this new Agreement provides a single, overarching legal agreement for the entirety of the NPCC NE Region’s seven policing services, and other partners, for collaboration. This Agreement was signed by North Yorkshire Police’s Police and Crime Commissioner and Chief Constable in August 2015. The two sub-functional Agreements for CBRN and DVI will follow, meanwhile as joint working progresses individual sub-functional service agreements may be added to this overarching Agreement rather than requiring a new Section 22A Agreement each time.

Decision

Police and Crime Commissioner decision: Approved

Signature: 
Date: 24 March 2016
Title: Police and Crime Commissioner

1. Introduction and Background

1.1 Sections 22A to 23I of the Police Act 1996, as amended by the Policing and Crime Act 2009, and the Police Reform and Social Responsibility Act 2011, set out the legal requirements for police collaboration. The 2011 Act inserted sections 22B and 22C into the 1996 Act, which place new duties on chief officers and policing bodies to keep collaboration opportunities under review and to collaborate where it is in the interests of the efficiency or effectiveness of their own and other police force areas.

1.2 As part of responsibilities under an agreed “lead force” model, North Yorkshire Police has undertaken a review of the two services of Chemical, Biological, Radiological and Nuclear (CBRN) and the Disaster Victim Identification (DVI) aspect of the wider Civil Contingencies response. This has encompassed the seven policing areas of the NPCC NE Region and culminated in proposals for a single, collaborative response to such incidents.

1.4 Chief Constables and Police and Crime Commissioners from Cleveland Police, Durham Constabulary, Humberside Police, Northumbria Police, North Yorkshire Police, South Yorkshire Police and West Yorkshire Police have approved CBRN and DVI outline business cases included in which is the recommendation:
“A single Section 22A Agreement between all seven forces in the Region is required to form the legal basis for collaborative working.
A sub-functional agreement specifically for CBRN (and for DVI) is also required to detail bespoke arrangements not specified in the overarching Section 22A Agreement.”

2. Other Options Considered

2.1 There are different options for the implementation of the agreed service response to CBRN and DVI across the NE Region, namely that Chief Constables and Police and Crime Commissioners from the seven forces may:

• Draft and sign two separate section 22A Agreements for CBRN and DVI within which is detail relating to the specific services’ structures, finance and governance arrangements.
• Draft and sign an overarching section 22A Agreement. This sets out overall collaboration arrangements added to which are Sub-Functional Agreements and Protocols.  The Sub-Functional Agreements comprise the individual services (beginning with CBRN and DVI) which sit underneath the overarching section 22A Agreement. Protocols can provide further detail on arrangements that allow the revised services to operate, such as Finance, Information Management and any others as required.

2.2 As part of the formal sign off the outline CBRN and DVI business cases, police leaders have agreed to an overarching section 22A Agreement as this signals a very clear continuing commitment to collaboration above and beyond what is already in place and provides a flexible platform for further services to be included as required.

Consideration was given to other arrangements such as Memoranda of Understanding and Mutual Aid. It was felt that these options do not attract the benefits available from undertaking service review and revision prior to entering into new collaborations and so were discounted.

3. Contribution to Police and Crime Plan Priorities

The Police and Crime Plan includes the three corporate priorities of Transforming the Organisation, People First and Partnerships and Commissioning. Service reviews and subsequent collaborations through formal section 22A Agreements are one of the means of contributing to those priorities and ensuring that the service remains fit for the future.

4. Implementation and Resourcing Implications

Equality, Diversity and Human Rights considerations will need to be observed for each separate sub functional agreement, both current and future.   Where appropriate, each service Sub-Functional Agreement will take cognisance of the national role profiles as set out by the National Policing Coordination Centre and also the Policing Professional Framework (PPF).  Training and accreditation activities will also take account of Authorised Professional Practice (APP) on a national level in balance with local training and accreditation activities.

5. Consultations Carried Out

The CBRN and DVI service reviews benefitted from a range of input from forces’ own officers and leaders from an operational and support service perspective, as well as external partners such as the national CBRN Centre, Her Majesty’s Coroners and Fire and Rescue Service. From these discussions came the final proposals after which the section 22A Agreement was drafted in collaboration with the Heads of Legal Services and Chief Executive Officers. A number of presentations were made to forces’ command and executive teams prior to approval by Chief Constables and Police and Crime Commissioners from the seven NPCC NE Region policing services. 

6. Compliance Checks

Financial Implications/Value for money:
There are no direct financial implications of this agreement.  A finance protocol to cover all aspects of financial costs in relation to collaborative activities will be agreed by the seven forces.

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, 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.

Human Resources Implications:
In this case of these two particular sub functional agreements common   selection, training, accreditation and welfare processes will be adopted.    It is also understood that rather than adopting a model such as “lead force” with the centralisation of budgets and formal Direction and Control of staff, each of the seven forces will remain responsible for the establishment and maintenance of their agreed contribution to these services.

Public Access to information
As a general principle, the Commissioner expects to be able to publish all decisions taken and all matters taken into account when reaching the decision.  This Notice will detail all information which the Commissioner will disclose into the public domain.  The decision and information will be made available on the Commissioner’s website.

Only where material is properly classified as Restricted under the Government Protective Marking Scheme 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 will be used to detail those matters considered to be restricted.  Information in Part 2 will not be published.

All decisions taken by the Commissioner will be subject to the Freedom of Information Act 2000 (FOIA).

Part 2

Is there a Part 2 to this Notice – NO

Report Information

Author(s) : Claire Craven-Griffiths
Head of Department: CEO Joanna Carter
Executive Group Sponsor(s) : CEO Joanna Carter
Date created:  14.10.15

Background documents: 

Police and Crime Commissioners’ and Chief Constables’ North East (NPCC NE) Region Collaboration Agreement

I confirm that all the above advice has been sought and received against this and any associated Part 2 information and I am satisfied that this is an appropriate request to be submitted for a decision

Signature:Claire Craven-Griffiths

Date: 24.03.16