Members Handbookfinalforwebsite V1.0

MEMBERS’

HAND

BOOK

The Chief Executive 3 Hoffmanns Way Chelmsford CM1 1GU

Office 01245 291600

Essex Police Authority Authority Essex Police Fax 01245 291601 Email [email protected]

June 2012

2 Essex Police Authority

CONTENTS Section 1

1.1 EPA Membership & Responsibilities

Section 2

2.1 Constitution, Quorum, dates of meetings 2.2 Committees, Groups and Panels 2.3 Lead Member Role requirement

Section 3 (Confidential not for Publication)

3.1 Confidential—Contact Details (inc. Staff, Members, Essex Police & other Police Authorities)

Section 4

4.1 Standing Orders relating to the proceedings of the EPA 4.2 Delegation Arrangements 4.3 Code of Corporate Governance and Annual Governance Statement 4.4 Financial Regulations and Contract Standing Orders 4.5 Allowance Scheme for Members of EPA 4.6 EPA Revised Code of Conduct

Section 5

5.1 Police Contact Details—Removed (Details on Essex Police website)

Section 6

6.1 Independent Custody Visiting Scheme 6.2 Animal Welfare Lay Visiting Scheme

Section 7

7.1 Anti-discrimination Statement 7.2 Attestation Ceremonies 7.3 Public Question Time 7.4 Essex Police Authority Freedom of Information Publication Scheme 7.5 Page for Notes

3 Essex Police Authority

4 Section 1 ______

1.1 EPA MEMBERS AND THEIR RESPONSIBILITIES

ABOUT THE AUTHORITY There are currently 17 members of the Essex Police Authority. The Authority is made up of Councillors and Independent Members (one Independent member is a Lay Jus- tice), supported by the Chief Executive.

The main responsibilities of Essex Police Authority are:

• To approve an annual budget for Essex Police

• To set a precept for council tax to be collected by borough, district and • unitary councils

• To publish an annual local policing plan, setting out policing priorities for the following year

• To assess the performance of Essex Police

• To keep informed about handling of complaints against Essex Police

• To appoint the Chief Constable, the Deputy and the Assistant Chief • Constables

• To ensure the public receives the best possible service, within the set budget Policing Priorities Essex Police Authority’s vision is “securing the best police service for the people of Essex”

Our Aims are:

• To ensure that there is an effective and efficient police force

• To ensure local communities receive value for money from local policing services

• To set the policing priorities for the force and oversee police performance

• To continuously improve the authority’s and force’s performance and deliver the highest standards of policing

• To represent the interests of all those who live or work in, or visit Essex and to ensure that the views of the local people are taken into account

• To ensure that policing is provided fairly, and without discrimination

Our Values are:

• Local accountability—we put people at the heart of what we do

• Fairness - we will be fair in all we do

• Excellence - we will make the best use of resources and seek continuous improvement in their use

• Valuing our employees - we will value our staff ensuring they are properly trained and developed and will recognise their achievements

The strategic themes agreed by the force and police authority for the next three years are:

• Tackling crime and anti-social behaviour– focusing on the issues that are of most concern to local people and most affects people’s quality of life, especially anti-social behaviour and violent crime

• Reducing risk of harm to the public– delivering ‘Protective Services’, dismantling organised criminal enterprises and seizing their funds and assets. Also bringing violent offenders to justice, tackling anti-social use of the roads and reducing the number of people seriously injured or killed in road collisions

• Increasing public confidence and satisfaction in policing– consistently delivering the Essex Police Service Standards and providing greater access to services and information. Also, engaging effectively with communities to help shape the service the police deliver, providing a prompt and effective response to calls for assistance and attending every crime.

• Maximising the use of resources to support the delivery of high quality services and achieve value for money– establishing a high productive, representative and motivated workforce. Also, reducing bureaucracy, optimis- ing the use of information technology and maximising the opportunities to collaborate with other public service providers to reduce costs and improve service delivery

Policing responsibilities There is a three-way shared responsibility for policing in Essex. The Essex Police Authority works alongside:

• The Chief Constable, who has operational responsibility for the direction and control of the police in Essex, and

• The Home Secretary, who is answerable to Parliament for relevant legislation and Policy.

We are one of 43 police authorities in England and Wales.

Contact details: 33 East View Writtle Chelmsford Essex CM1 3NN

Home 01245 421524 Email: [email protected]

County Hall: Conservative Office 01245 430233 John Aldridge Councillor Member (C)

AUTHORITY RESPONSIBILITIES : Mr Aldridge is lead member for Uttlesford district COMMITTEES and a councillor for Essex County Council. • Performance • Chief Officers

OTHER DUTIES

• Lead Member for Division—Central (North) • Uttlesford (Deputy Lead Member) • Lead Member for Serious & Organised Crime • Lead Member for Collaboration

Contact details: 63 Lawlinge Road Latchingdon Essex CM3 6JY

Home: 01621 740671 Email: [email protected]

County Hall: Conservative Office 01245 430233

Bob G Boyce Councillor Member (C) AUTHORITY RESPONSIBILITIES :

COMMITTEES Mr Boyce has been a Member of the • Finance & Audit Essex Police Authority • Standards since 2003.

He is a long standing Member of the Maldon GROUPS & PANELS District Council

Councillor Boyce said • Human Resource & Diversity “The views and concerns • Complaints & Professional Standards of the public are very important to me”

OTHER DUTIES

• Lead Member for Division—Central (South) • Lead Member for Estate Transport & Travel • Maldon (Lead Member) • Chelmsford (Deputy Lead Member)

Contact details: 1 Gladwin Road Colchester Essex CO2 7HW

Home: 01206 510337 Email: [email protected]

Mrs Margaret D Fisher

Councillor Member

(LD)

AUTHORITY RESPONSIBILITIES : Margaret Fisher was first elected to Essex County COMMITTEES Council in May 1993.

When Essex Police • Performance Authority was formed in • Chief Officers 1995, she was appointed as one of the original Councillor Member. GROUPS & PANELS

• Pension Forfeiture • Member of Animal Welfare Lay Visiting Group

OTHER DUTIES

• Association Of Police Authorities Council— (Substitute) • Police Appeals Tribunal • Lead Member for Division—Eastern • Colchester (Lead Member) • Lead Member for Shift, availability, visibility

Contact details: 3 Hoffmanns Way Chelmsford CM1 1GU

Telephone: 01245 291600/602 Email: [email protected] County Hall: Conservative Office 01245 430233 Anthony Jackson Authority Chairman AUTHORITY RESPONSIBILITIES : Councillor Member

COMMITTEES

• Chief Officers Mr Jackson is the lead • Finance & Audit (ex-officio) member for Epping Forest • Performance (ex-officio) district and councillor for • Standards Essex County Council. • Kent & Essex Collaboration JSC • Eastern Region Collaboration JSC

GROUPS & PANELS

• Pension Forfeiture • EPA Spokesperson at Essex County Council meetings • Transition Board

OTHER DUTIES

• Epping Forest (Lead Member) • Harlow (Deputy Lead Member)

Contact details: Thurrock Council Civic Offices New Road Grays RM17 6SL

Mobile: 07827 231213 E-mail: [email protected]

Gerard Rice Councillor Member (L)

AUTHORITY RESPONSIBILITIES :

COMMITTEE

• Performance Committee

GROUPS & PANELS

• Member of Animal Welfare Lay Visiting Group

OTHER DUTIES

• EPA Spokesman for Thurrock Council Meetings • Basildon (Deputy Lead Member) • Thurrock (Deputy Lead Member) • Lead Member for Partnerships

Contact Details: Essex County Council PO Box 11, County Hall, Chelmsford Essex CM1 1LX

Telephone: 01245 430016 Mobile: 07860 641899 E-mail: [email protected]

Kay Twitchen OBE Councillor Member (C) AUTHORITY RESPONSIBILITIES:

COMMITTEE Kay Twitchen has been a Member of Essex County Council since • Performance Committee 1989 and is currently Vice Chair- man of the Council.

OTHER DUTIES

• CSP Castlepoint (Lead Member) • Former member of the Police Committee • Lead Member for Public Engage- ment & Media

Contact details 68 Thorpe Hall Avenue Thorpe Bay Essex SS1 3AU

Home 01702 584580 Mobile: 07710 403598 Email: [email protected]

Councillor for: Ian Robertson Southend on Sea Borough Council Vice Chairman PO Box 6 Councillor Member Civic Centre Victoria Avenue Southend-on-Sea Essex SS2 6ER Ian Robertson is also a member of Southend Tel: 01702 215000 Cabinet, with a portfolio which includes Public Protection and Waste Management. AUTHORITY RESPONSIBILITIES : His Cabinet responsibilities cover some £14 million per annum of expenditure. Since joining Essex Police Au- COMMITTEES thority, Ian has been out with our Firearms Unit, as well as with the ANPR camera unit • Finance & Audit and our helicopter team and then our boat • Kent & Essex Collaboration unit, so developing some good practical JSC experience of police activities! • Eastern Region Collaboration Ian has been Vice Chairman of a Health Au- JSC thority for some 5 years and then Chairman of a Community Care Trust (a predecessor GROUPS & PANELS of our PCT’s) and, in the role, Ian was Chairman of Runwell • Transition Board Hospital – a link with Mental Health that he has maintained to this day, by working with a charity that delivers care to people with vari- OTHER DUTIES ous mental health needs.. He has also taken on the role of Chairman of the Organ Dona- tion Committee at Southend General Hospi- • Southend (Lead Member) tal. • EPA Spokesman for Southend

Council Meetings • Southend Local Safeguarding Children Board Scrutiny Panel • Lead Member for protecting vulnerable people 14

Contact details: 44 Gun Hill Place Basildon Essex SS16 5UY

Telephone: 01268 525427 Email: [email protected]

John M Schofield Conservative Office County Hall: 01245 430233 Councillor Member (C)

John Schofield is the lead

member for Basildon district AUTHORITY RESPONSIBILITIES : and councillor for Essex

County Council. COMMITTEES

• Finance & Audit

GROUPS & PANELS

• Member of Animal Welfare Lay Visiting Group

OTHER DUTIES

• Basildon (Lead Member) • Thurrock (Lead Member) • Lead Member for Division—South West • Essex Police Museum Trust • Lead Member for Back & Middle Office • Lead Member for Animal Welfare

Contact details: Gibralter Mill Mill Road Braintree Essex CM7 4QG 01371 810451` Telephone: 01371 810451 Email: [email protected]

Simon Walsh Conservative Office County Hall: 01245 430233 Councillor Member (C)

AUTHORITY RESPONSIBILITIES : Simon Walsh is the lead COMMITTEES member for Uttlesford district and a Councillor for Es- • Performance sex County Council.

GROUPS & PANELS

• Transition Board

OTHER DUTIES

• Uttlesford (Lead Member) • Deputy Lead Member Stansted Division • Braintree (Deputy Lead ) • Stansted (CSP Deputy) • Essex Pension Fund Board • Lead Member for transition to PCC

Contact details: 3 Hoffmanns Way Chelmsford CM1 1GU

Telephone: 01206 823739 Email: [email protected]

Mrs Linda Belgrove Independent AUTHORITY RESPONSIBILITIES : Member

COMMITTEES Linda Belgrove lives in the vil- • Performance lage of Alresford near Colchester and is a Parish Councillor.

GROUPS & PANELS She has worked for a number of law firms as a senior legal secre- • Human Resources & Diversity tary and is now self-employed offering business support ser- • Member of Animal Welfare Lay Visiting Group vices.

She enjoys sailing on the Essex

coast with her husband and

country walks with her two dogs. OTHER DUTIES

• Tendring (Lead Member) • Lead Member for Equality and Diversity • Lead Member for Animal Welfare

17 Contact details 26 South Primrose Hill Chelmsford Essex CM1 2RG

Telephone: 01245 349093 Mobile: 07748 268016 Email: [email protected]

Paul Bishop Independent Member AUTHORITY RESPONSIBILITIES :

COMMITTEES Paul Bishop has more • Finance & Audit than 15 years • Standards experience of working on strategic • Chief Officers partnership programmes

to help disadvantaged

communities. He cur-

rently works on a bor- GROUPS & PANELS ough wide programme of

business and economic • Complaints & Professional Standards (Chair) development. • Human Resources & Diversity • Project Board (C&PS) Paul was a Director of a national charity looking at positive action measures to increase representation of black and other ethnic minorities in the OTHER DUTIES country’s largest private sector companies. • Colchester (Deputy Lead Member) • Link Member Professional Standards Paul has extensive • Lead Member for Back & Middle Office experience of writing and commentating on race and diversity issues and is a member of the management committee 18 of his local residents association.

Contact details 3 Seeleys Old Harlow Essex CM17 0AD

Home: 01279 432618 Email [email protected] Charles R Cochrane Independent Member

Charles Cochrane is a former AUTHORITY RESPONSIBILITIES : Harlow District Councillor and ‘ remains active in the Labour Party. COMMITTEES Charles Cochrane worked in the trade union movement • Chief Officers and had done so from 1977 until his retirement at the end • Finance & Audit (Chair) of 2010. He was the Secretary

of the Council of Civil Service

Unions and Director of Policy GROUPS & PANELS for PCS, the largest Civil Ser-

vice unions with over 250,000 • Complaints & Professional Standards members. He has remained • Human Resource & Diversity (Chair) as Chair of the Federation of European Public Services Unions National European Administration OTHER DUTIES Committee. Since retiring he has become • Lead Member for Division—Western both a pension scheme and • Epping Forest (Deputy Lead Member) charity trustee. He has also • Harlow (Lead Member) become Chair of the London • Brentwood (Deputy Lead Member) region of the Civil service • APA Lead on Health & Safety and repre- Sports Council and remains a sentative on Police Advisory Board trustee of Harlow and District • APA Staff Council Member Sports Trust. • Lead Member for Risk Management

Contact details 33 Windermere Drive Great Notley Braintree Essex CM77 7UB

Telephone: 01376 330205 Email: [email protected]

Susan Hughes Independent Member

AUTHORITY RESPONSIBILITIES :

COMMITTEES

Susan Hughes was Head • Chief Officers’ of the Department of • Performance (Vice Chair) Human Resource Management and Marketing of the Ashcroft GROUPS & PANELS International Business School at • Complaints & Professional Standards Anglia Ruskin • Human Resources and Diversity (Vice Chair) University and is based in Chelmsford.

OTHER DUTIES

• Chelmsford (Lead Member) • Essex Women’s Advisory Group • Lead Member for Operational Blueprint

Contact details 14 Challis Lane Braintree Essex CM7 1AN

Home: 07970 653734 Email: [email protected]

Neil Macdonald Independent Member AUTHORITY RESPONSIBILITIES :

COMMITTEES Neil Macdonald joined Es- • Finance & Audit sex Police Authority in April 2003 as one of our independent GROUPS & PANELS Members.

• Pension Forfeiture By profession, Neil is a solicitor, but has run his own consultancy business OTHER DUTIES since 1998.

• Stansted (Lead Member) "Being self-employed al- • Tendring (Deputy Lead Member) lows me to be reasonably • Police Appeals Tribunal flexible with my time, • Lead Member for Public Engagement & which I have found to be a Media great help to my role on Essex Police Authority". • Lead Member for Partnerships

• Lead Member for estate, travel & Transport Former Vice Chairman of • Member of National Police Staff Council the Authority

Contact details Anvil House Church Road Corringham SS17 9AP

Telephone: 07711 107795 Email: [email protected]

Charles Obukofe Independent Member AUTHORITY RESPONSIBILITIES :

COMMITTEES

Charles Obukofe lives in • Finance and Audit (Vice Chair) Corringham with his family. A Programme Manager with British Telecom, he has IT, sales, and HR expertise. Charles has undertaken work with the Home Office and GROUPS & PANELS Police and has oversees experience in the • Mobile Data Project Board telecommunications sector. • Transition Board He is a member of the NHS Foundation and a ‘befriender’ with Thurrock MIND. OTHER DUTIES

• Brentwood (Lead Member)

• Lead Member for Information Technology • Lead Member role for Public Engagement and Media • Lead Member for London 2012 Olympics

Contact details: 3 Hoffmanns Way Chelmsford CM1 1GU

Telephone: 07595389677 Email: [email protected]

Stephen Nicholas Independent Member

AUTHORITY RESPONSIBILITIES :

COMMITTEES Stephen Nicholas was born in Essex, and now • Finance & Audit lives near Chelmsford.

He worked for a number of commercial organisations in Essex and Lon- OTHER DUTIES don, and over recent years has delivered train- • Braintree (Lead Member) ing to Essex Probation • Lead member for Information Technology, Service clients, and of- Lead Member for Counter Terrorism & Ex- fenders in Chelmsford tremism and Bullwood Hall pris- • Lead Member for London 2012 Olympics ons, as well as working for Chelmsford Adult Community Learning, Es- sex County Council, and Southend and Thurrock Councils.

Contact details: 3 Hoffmanns Way Chelmsford CM1 1GU

Telephone: 01245 291600 Email: [email protected]

Tony Williams (JP) Independent Member

AUTHORITY RESPONSIBILITIES :

COMMITTEES

• Chief Officers Tony Williams was Appointed as • Kent & Essex PA’s JSC a Lay Justice in 1995 and a • Performance (Chair) Member of the Police Authority in • Standards 1997.

GROUPS & PANELS

• Transition Board

OTHER DUTIES

• Police Appeals Tribunal • Rochford (Lead Member • Southend (Deputy Lead Member) • Lead Member for Division—South Eastern • Lead Member for shift, availability & visibility • Lead Member for the Force Information Room (FIR)

Contact details: 3 Hoffmanns Way Chelmsford CM1 1GU

Telephone: 01245 291600 Email: [email protected]

J Michael Goodswen Independent AUTHORITY RESPONSIBILITIES (Non – Authority) Member

COMMITTEE

• Standards Mike Goodswen spent over 40 years with NatWest Bank, retiring with the rank of Deputy General Manager in Group Human Re- sources.

For a number of years he Chaired the Disciplinary Committees at NatWest and at London Guildhall University (now London Metropolitan), having been a Governor there for 10 years.

Currently: - Chairman, Cass and Claredale Halls of Residence Association Limited - Independent Member, Essex Fire Authority, Standards Committee - Independent Member, Essex Police Authority,

Contact details: 3 Hoffmanns Way Chelmsford CM1 1GU

Telephone: 01245 291600 Email: [email protected]

Anthony J French Independent AUTHORITY RESPONSIBILITIES (Non – Authority) Member

COMMITTEE

• Standards

Tony French, a qualified Accountant, is a retired Finance GROUPS & PANELS Director for the Eastern region of British Gas. • None He was a volunteer adviser at Chelmsford Citizens Advice Bureau and recently retired from the Lord Chancellor’s Advisory Committee after 7 year of interviewing prospective Magistrates.

He served four years on the Standards Committee of Braintree District Council two years as Vice Chairman & two years as Chairman>

Currently he is Vice Chairman of the Standards Committee at Essex County Council).

Contact details: The Chief Executive 3 Hoffmanns Way Chelmsford CM1 1GU

Office 01245 291614 Fax 01245 291601 Email [email protected] Charles Garbett Acting Chief Executive & Treasurer

AUTHORITY RESPONSIBILITIES:

1. To act as Chief Financial Officer to the Authority to ensure the proper administration of the Authority, and to act as the principal financial advisor to the Authority. 2. To provide effective leadership and advice to the Authority in developing financial policies and plans, and to provide general advice and information to the Authority on financial issues. 3. To ensure a sound framework for the management and administration of the Authority’s financial affairs is in place so that the Authority’s resources are effectively managed in accordance with the legislative requirements and good practice. 4. To oversee each year the revenue budget, capital programme and council tax proposals for the Au- thority to approve. 5. To ensure an effective internal Audit service exists to evaluate and report on the adequacy of internal control within the Authority. 6. To ensure the effective management of the Author- ity’s cash and banking arrangements 7. To liaise with Government department, other agencies and professional organisations to ensure that the Authority keeps up to date with and contributes to legislative and other national developments. 8. To contribute to the development and management of the Authority, its members and staff.

27 Section 2

2.1 EPA CONSTITUTION –QUOROM, MEETING DATES

ESSEX POLICE AUTHORITY (ESTABLISHED 1995) TERMS OF REFERENCE

The Essex Police Authority is constituted under the Police and Magistrates’ Courts Act 1996 (as amended) as an independent body with responsibility for the Police Service in Essex.

i) To ensure the proper exercise of the Authority’s powers and duties under the Police Act 1996.

ii) To consider and approve the annual budget of the Authority

iii) To consider and approve the 3 year Strategy Plan and Annual Policing Plan

iv) To consider and approve matters relating to the proper governance of the Police Authority

v) To receive and consider reports and recommendations from the Finance and Audit Committee, the Performance Committee, the Chief Officers’ Com- mittee, and the Standards Committee.

CONSTITUTION

EPA CONSTITUTION

This Constitution sets out how the Authority works and makes decisions and should be read in conjunction with EPA Standing Orders which expand on the constitutional arrangements and relate to the proceedings of the Au- thority.

The full roles and responsibilities of a police authority are available from the Chief Executive or Association of Police Authorities at www.apa.police.uk

ESSEX POLICE AUTHORITY

In addition to the annual meeting, at least 3 meetings of the police authority are held each year.

Further to the full authority meetings, members meet at committee and panel meetings to review, oversee and monitor specific issues. The following diagram illus- trates the committee structure.

COMMITTEE PERFORMANCE Transition Board - for transfer to PCC office STANDARDS PANEL COMPLAINTS & PROFESSIONAL

PANEL FINANCE & COMMITTEE FINANCE AUDIT FULL AUTHORITY MEETING MEETING FULL AUTHORITY HUMAN RESOURCES AND DIVERSITY COMMITTEE CHIEF OFFICERS COMMITTEE STANDARDS SUB (Subject of (Subject

30 STANDARDS COM- STANDARDS MITTEE new legislation and new transitional arrangements)

ATTENDANCE AT MEETINGS OF COMMITTEES & PANELS

Committee and Panel agendas will be sent to those Members on the respective committee or panel. Members may wish to receive agendas for meetings and panels to which they have not been assigned and these will be sent upon request. Members wishing to attend meetings of Committees and Panels of which they are not Members should seek the agreement of the Chairman before attending the meeting. In these in- stances Members could not speak without permission of the Committee Chairman and cannot vote.

A schedule of dates and times of meetings for the Authority and its Committees and Panels is produced in the office of the Chief Executive and published in advance on the Authority’s website – www.essex.police.uk/authority

By Statute, the Annual Meeting of the Police Authority shall be held in April, May or June. Meetings commence at 2 pm.

31 Section 2

______

2.2 COMMITTEES/GROUPS AND PANELS

FULL AUTHORITY MEETING

The Authority has two key statutory responsibilities:- • To secure an efficient and effective local police service • To hold the Chief Constable of Essex Police to account for the exercise of his function s and those under his direction and control

In discharging its functions the Authority must have regard to the views of people in the County about policing. This is achieved through its communication, consultation, public engagement and partnership arrangements.

Terms of Reference The Essex Police Authority is constituted under the Police and Magistrates’ Courts Act 1994 (as amended) as an independent body with responsibility for the Police Service in Essex.

To ensure the proper exercise of the Authority’s powers and duties under the Police Act 1996.

To consider and approve the annual budget of the Authority

To consider and approve the Strategy Plan and Annual Policing Plan

To consider and approve matters relating to the proper governance of the Police Authority

To receive and consider reports and recommendations from the Finance and Audit Committee, the Performance Committee, the Chief Officers’ Committee, and the Standards Committee.

Constitution Seventeen Members.

Nine Councillors—appointed by the three relevant Councils (See The Police Authority (Community Engagement and Membership) Regulations 2010) as follows- Essex County Council (seven)

Southend (one) Thurrock (one) 32

Eight Independent Members appointed under the Police Act 1996/2008 one being a Lay Justice.

Quorum

• The quorum shall be five.

• A decision by the Authority to agree revenue estimates or issue a precept shall not be taken unless the members approving the decision i) constitute at least half the total membership of the Authority at the time of the decision and; ii) include at least five of the Councillor members. • Substitutes will not be permitted.

CHIEF OFFICERS’ COMMITTEE

Terms of Reference (Revised at EPA meeting on 14.3.2011) To exercise any functions of the Authority relating to Chief Officers, including:

(i) The power to appoint any Chief Officer and to recommend to the Authority the removal of a Chief Officer, subject to any necessary approval by the Secre- tary of State;

(ii) The power to consider any complaint or misconduct charge against a Chief Officer and take any necessary action; and

(iii) The power to take decisions relating to the pay and conditions of service of Chief Officers

(iv) The power to take decisions relating to the pay and conditions of Chief Ex- ecutive, Treasurer and Solicitor (Monitoring Officer) to the Authority.

(v) That the Chief Officers Committee should consider whether a matter was of such importance that it should be reviewed by the whole Authority, then to recommend it to the Authority.

Constitution Nine Members of the Authority including the Chairman and Vice Chairman of the Authority (*ex officio) with a quorum of five.

Membership J Aldridge, P Bishop, C Cochrane, Mrs M Fisher, Mrs S Hughes, A Williams, Vacancy

Chairman *The Chairman of the Authority is the ex officio Chairman of the Committee (Police Authority Minute 37/11).

STANDARDS COMMITTEE The Essex Police Authority has appointed a Standards Committee to ensure that all Members of the Authority observe and are seen to observe, high standards of conduct as set out in its approved Code of Conduct underpinned by the general principles made pursuant to the Relevant Authorities (General Prin- ciples) Order 2001. To meet as and when required.

The Standards Committee is to be constituted in accordance with The Relevant Authorities (Standards Committee Regulations) 2001. (EPA Minute 116/01). (Following the introduction of the Localism Act 2011 arrangements with regard to the Standards Committee are likely to change as a result of new Regulations and the transitional period to the appointment of the Police and Crime Commis- sioner).

Terms of Reference

(i) To ensure the functions of the Authority adhere to standards of conduct including: • Promoting and maintaining high standards of conduct by members of the Police Authority.

• Advising the Authority on the adoption or revision of the Code of Conduct.

• Assisting members to observe the Authority's Code of Conduct.

• Monitoring the operation of the Code of Conduct.

• Advising, training or arranging to train members of the Police Authority when needed.

• Consider and make recommendations (including financial recommendations) on any other matter referred to it by the Chairman of the Po- lice Authority regarding concerns about the performance by a Member of his/her commitment to the Authority.

• Considering and determining any complaints made to the Authority pursuant to the Race Relations Act 1976 (as amended).

(ii) To assess, review and hear, (including any investigation) through an appropriately appointed sub-committee any complaint alleging a breach of the member code of conduct adopted by the Police Au- thority;

(iii) To appoint from time to time such Independent Members and for such a term as the Committee deems appropriate.

(iv) The proceedings of the Standards Committee shall be as determined by the Local Government Act 2000 and regulations and guidance made there under; and otherwise as determined by the Committee itself.

(v) The Standards Committee shall have power to report, with recommendations, to the Authority at such times and in such manner as it thinks fit.

Constitution (EPA Minute 101/08) Six members as follows:-

4 Members of the Police Authority (to include one Councillor, one Magistrate and one Independent Member) 2 Independent (i.e. Non-Authority) Members

Membership P Bishop, R Boyce, vacancy, A Williams, J M Goodswen (Independent non-Authority Member) A J French (Independent non-Authority Member)

Chairman J M Goodswen

Quorum Three, of which one must be the Independent (non-Authority) Member except where the Independent Member is prevented or restricted from participating in any business of the Authority by virtue of its Code of Conduct.

FINANCE & AUDIT COMMITTEE (EPA Minute 69/05)

Terms of Reference To be responsible for ensuring the proper and efficient management by the Chief Constable of the Authority’s financial and physical resources to develop and assess the planning and use of those resources, including the management of:

(a) the revenue budget;

(b) the capital programme;

(d) the conduct of financial arrangements, including audit activity, the regulatory framework and the accounts; including (but not exclu- sively) those matters. Audit Activity The Chairman of the Finance and Audit Committee can require the attendance of the auditor to discuss any matter without the presence of a quorum.

To consider the head of internal audit’s annual report and opinion, and a summary of internal audit activity (actual and proposed) and the level of assurance it can give over the Authority’s corporate governance arrangements.

To consider summaries of specific internal audit reports as requested.

To consider reports dealing with the management and performance of the providers of internal audit services.

To consider a report from internal audit on agreed recommendations not implemented within a reasonable timescale.

To consider the external auditor’s annual letter, relevant reports, and the report to those charged with governance.

To consider specific reports as agreed with the external auditor.

To comment on the scope and depth of external audit work and to ensure it gives value for money

To liaise with the Audit Commission over the appointment of the Authority’s external auditor.

To commission work from internal and external audit.

Regulatory Framework To maintain an overview of the Authority’s constitution in respect of contract standing orders and financial regulations.

To monitor the effective development and operation of risk management and corporate governance in the Authority.

To monitor the Authority’s policies on whistle blowing and the anti-fraud and corruption strategy.

To oversee the production of the Authority’s Statement on Internal Control and to agree its adoption.

To consider the Authority’s arrangements for corporate governance and recommend any necessary actions to ensure compliance with best practice.

To consider the Authority’s compliance with its own and other published accounting and auditing standards and controls.

Accounts To review the annual statement of accounts.

To consider the external auditor’s report to those charged with governance on issues arising from the audit of the accounts.

To submit recommendations to the Authority on the annual budget, capital programme and council tax proposals.

To consider and determine changes to the approved capital programme up to a limit of £250,000 per capital scheme

To consider and determine pension forfeiture issues. (When required a Pension Forfeiture Panel will be appointed)

Constitution Nine Members including the Chairman of the Authority (*ex officio – Police Authority Minute 37/11).

Membership P Bishop, R Boyce, C Cochrane, *A Jackson, N Mac- donald, S Nicholas, C Obukofe, I Robertson, J Schofield

Chairman C Cochrane Vice-Chairman C Obukofe

Quorum 3 Members in attendance

37 PERFORMANCE COMMITTEE (EPA Minute 69/05)

Terms of Reference

(i) To be responsible for ensuring the proper and efficient management by the Chief Constable of force performance as appropriate to monitor and analyse such performance including:-

• Progress and achievement of the Annual Policing Plan. • Areas of major investment. • Outcomes regarding community engagement and partnership working • Issues relating to personnel and diversity

(ii) To consider and determine matters relating to the Authority’s performance.

(iii) To provide strategic direction to and a framework for the work of each of the Committee’s Panels.

(iv) To receive and consider reports and recommendations from any Panels established by the Committee.

(v) To make recommendations as appropriate to the Authority which enhance the efficiency and effectiveness of the work of the Authority.

(vi) To consider and determine any urgent performance issues on behalf of the Authority.

(vii) To exercise any functions of the Authority relating to the hearing and determination of appeals from police officers and police staff.

(NB. When sitting to hear and determine any appeals, the Committee will operate as a Panel of three or four members selected from the total membership of the Committee).

Constitution Nine Members of the Authority including the Chairman of the Authority (* ex officio – Police Authority minute 37/11).

Membership *A Jackson, J Aldridge, Mrs L Belgrove, Mrs M Fisher, Mrs S Hughes, G Rice, Mrs K Twitchen, S Walsh, A Williams.

Chairman A Williams Vice-Chairman Mrs S Hughes

Quorum 3 members in attendance.

HUMAN RESOURCES & DIVERSITY PANEL (Minutes 69/05)

Terms of Reference

(i) To examine in detail such HR and diversity issues as requested or directed by the Performance Committee, and such other relevant matters it considers relevant , and to make recommendations as appropriate.

(ii) To monitor and review the implementation and development of the Police Authority’s Equality Scheme.

(iii) To monitor the effectiveness of the implementation of the Force’s Equality Scheme.

Constitution Five members and to report to the Performance Committee.

Membership - Mrs L Belgrove, P Bishop, R Boyce, C Cochrane, Mrs S Hughes. Chairman C Cochrane Vice Chairman Mrs S Hughes

COMPLAINTS & PROFESSIONAL STANDARDS PANEL

Terms of Reference To receive case summaries containing the following information:-

(i) Investigations finalised in the last quarter broken down into:

Substantiated

Unsubstantiated

Informally resolved

Withdrawn/dispensed

(ii) Civil claims finalised in the last quarter.

(iii) Business interest applications approved by the Chief Constable.

(iv) Employment Tribunal hearings and Force Grievance cases completed in the last quarter.

Except where in the view of the Chief Constable the sensitivity of the case or for operational reasons it is deemed inappropriate to report the details to Members, to receive, in relation to currently on-going cases, information on:

(i) Those cases in which an investigating officer has been appointed from another force.

(ii) Those cases in which the investigation has been supervised by the Inde- pendent Police Complaints Commission (IPCC) and in which the IPCC has expressed dissatisfaction with the investigation.

(iii) Prosecutions.

(iv) Those cases where the IPCC has directed that disciplinary proceedings be brought.

(v) To select and examine any file relating to cases in the summary.

(vi) To ask questions, subject to their availability, of the Deputy Chief Con stable and Head of the Professional Standards Department

(vii) To receive a quarterly summary of commendations awarded and letters of appreciation received.

Constitution (EPA Minute 69/05)

Six Members of the Authority to meet quarterly and report to the Performance Committee

Membership P Bishop, R Boyce, C Cochrane, Mrs M Fisher, Mrs S Hughes, J M Schofield.

Chairman P Bishop

40 TRANSITION BOARD

Terms of Reference

(i) The Transition Board reports directly to the Full Authority.

(ii) The Transition Board shall have power to:

• make decisions relating to the policies and procedures for transition • appoint such additional resources as it deems appropriate to ensure delivery of transition products • co-opt additional members to the board either temporarily or permanently • provide strategic oversight of transition on behalf of the full Authority • identify actions necessary for the proper and legal functioning of the Police and Crime Commissioner (PCC) in the county of Essex from whatever date that role becomes effective • commission analysis, data and information from the Authority secretariat as is necessary to enable key decisions regarding transition to be made

(iii) The Transition Board will:

• ensure the PCC has a viable secretariat ready to support the PCC from the moment of their election onwards • identify and transfer key functions and resources to the PCC whilst closing or decommissioning those activities no longer required or unnecessary • identify any legacy issues that may be relevant to the PCC (and the closure of Authority) and ensure these are highlighted to the Com- missioner upon their election • work collaboratively with regional and national partners ensuring guidance / advice from these sources is fully integrated with Essex transitional arrangements • maintain close contact with strategic partners on the lead up to PCC’s, ensuring they are aware and can respond to the changes to police accountability and scrutiny • work closely with partners, especially local authorities, to ensure the election period for PCC’s is properly managed, co-ordinated and legally observed • as far as possible and respecting the constitutional arrangements for this area of policing governance, assist partners in their prepara- tions for Police and Crime Panels

• develop a media strategy for communicating internally and externally the new oversight arrangements ushered in by the PCC • oversee the development and delivery of a transfer scheme subject to Police Authority and Home Office approval and ensure that staff are appropriately briefed and consulted throughout the process. Monitor progress on delivery, identify barriers to delivery and develop solutions to resolve them • oversee arrangements for briefing PCC candidates

(iv) The Chief Executive is enabled to commission “task and finish” groups for certain aspects of the transition.

Constitution Four Members of the Authority including the Chair- man and Vice Chairman of the Authority (*ex officio)

Membership C Obukofe, S Walsh, A Williams

Chairman A Jackson

CONSTITUTION OF THE KENT AND ESSEX POLICE AUTHORITIES STATUTORY JOINT COMMITTEE (EPA MIN 69/07)

1. Members

1.1 The Chairman and Vice Chairman plus one further member have been appointed to be members of the Joint Commit- tee

2. Purpose of Joint Committee

2.1 The Joint Committee is established pursuant to Sections 101 and 102 of the Local Government Act 1972 to secure the efficient and effective governance and oversight of collaboration arrangements agreed between Kent and Essex Police Authorities pursuant to Section 23 of the Police Act 1996.

Membership - A Jackson, I Robertson, A Williams (Essex Chairman) - A Jackson (alternating on an annual basis with the Chair of Kent Police Authority)

EASTERN REGION POLICE AUTHORITIES COLLABORATION JOINT COMMITTEE (EPA MIN 79/07)

Members

1.1 The Chairman and Vice Chairman have been appointed to be Essex members of the Joint Committee

2. Purpose of Joint Committee

2.1 The Joint Committee is established pursuant to Sections 101 and 102 of the Local Government Act 1972 to secure the efficient and effective governance and oversight of collaboration arrangements agreed between Bedfordshire, Cambridgeshire, Essex, Hertfordshire, Norfolk and Suffolk Police Authorities pursuant to Section 23 of the Police Act 1996.

Essex Membership - A Jackson, I Robertson

MEMBERS MEETINGS The Authority holds a number of informal meetings for Members to consider specific issues of a topical nature. In addition Members hold regular meetings with the Chief Constable. Dates of meetings are published in advance to Members in a Meeting Timetable regularly updated and circulated to Members and key stakeholders.

44 Section 2 ______

2.3 LEAD MEMBER SCHEME (as at January 2012)

1 Background Essex Police Authority is charged with providing an effective and efficient policing service for the people of Essex and achieving continuous improvement in policing performance. In order to further this duty, Essex Police Authority established a lead member scheme.

2 Introduction The lead member scheme covers three types of lead member role: Local area lead member Thematic lead member Committee or panel lead member

The overall objective is to develop a Members expertise and understanding in relation to local areas and areas of responsibility

3. Lead member role • Submit fortnightly reports of lead member activity summarising discussion and outcomes, including identified risks and opportunities and actions required for EPA/EP • Act as a designated point of contact for the authority on matters related to the role • Liaise with representatives from Essex Police and other key partners and stakeholders at a local, regional and national level to acquire sufficient knowledge and reassurance on matters related to the role • Keep abreast of existing and emerging regulations, guidance, policy and practice which have implications for the business area covered by the role • Promote and represent the interests of all those who live in, work in, or visit Essex • Ensure that policing services are provided fairly and in a way which does not discriminate against any group or individual

• Be mindful of the views or policies agreed by the authority and its committees

• Monitor management information relevant to the role including information • relating to performance, finance and risk and arising from audit, inspection and review

• Provide genuine challenge and champion excellent work and innovation

• Engage in reality checking to increase awareness of performance issues and to test whether intended business benefits are being delivered

• Apply expert knowledge to support discussion and decision making at authority meetings

• Carry out any other activity required by the authority committees and panels

EPA officer support will be available to lead members to enable them to be fully briefed and engaged with the developments and key issues relevant to their roles.

4. Local Area Lead member

Local area lead members are those members who have been assigned lead responsibility for matters relating to a policing district, whether in relation to Community Safety Partnerships (CSPs), Local Strategic Partnerships (LSPs) or Oversight and Scrutiny Committees.

Committee

CSP Oversight &Scrutiny &Scrutiny CSP Oversight John Schofield John Simon Walsh Cochrane Charles Ian Robertson Aldridge John Linda Belgrove Cochrane Charles Anthony Jackson Susan Hughes Ian Robertson Tony Williams N/A Paul Bishop Rice Gerard Aldridge John

LSP

Gerard Rice Rice Gerard Stephen Nicholas Charles Obukofe Kay Twitchen Susan Hughes Paul Bishop Anthony Jackson Cochrane Charles Bob Boyce Tony Williams Ian Robertson N/A Linda Belgrove Schofield John Simon Walsh

Local Area Lead Members

CSP Deputy John Schofield John Simon Walsh Cochrane Charles Ian Robertson Bob Boyce Paul Bishop Cochrane Charles Anthony Jackson Susan Hughes Ian Robertson Tony Williams N/A Neil Macdonald Rice Gerard Aldridge John

CSP

Gerard Rice Gerard Stephen Nicholas Charles Obukofe Kay Twitchen Susan Hughes Fisher Margaret Anthony Jackson Cochrane Charles Bob Boyce Tony Williams Ian Robertson N/A Linda Belgrove Schofield John Simon Walsh

AREA

47 Basildon Braintree Brentwood Castlepoint Chelmsford Colchester Epping Forest Harlow Maldon Rochford Southend Stansted Tendring Thurrock Uttlesford

A Local Area Lead Member is required to:

• Maintain a regular dialogue with opinion formers and members of the local community

• Support public consultation and engagement events in the district

• Attend neighbourhood action panel (NAP) meetings in the district

• Meet with the District Commander to develop an understanding of local policing delivery and to raise matters arising from local public engagement

• Meet with the Commander of the Division, together with other local area lead members, to discuss significant matters arising from liaison with the District Commanders within that Division.

• Influence and challenge the direction and decisions of the CSP and LSP to ensure that, as far as possible, the work of partners contributes to policing priorities

• Sit on CSP Scrutiny Committees as ‘expert advisors’ where required to provide professional advice and information to assist the Committee in its scrutiny role.

5. Thematic Lead Member

These lead members provide additional scrutiny on particular subjects to facilitate the work of police authority committees and panels.

Each year the authority will decide which themes require additional scrutiny and therefore warrant a lead member role with themes being revised throughout the year should the need arise. Roles are aligned to authority committees and panels to facilitate reporting by the lead member.

Lead members should be guided by the committee or panel to which their role aligns. Further areas of focus may be indicated by the information gathered in the course of performing the role. For example an ongoing red risk or area for improvement in an inspection report may warrant particular scrutiny. Members will report when the need arises to the EPA office.

Following the introduction of the Essex Police Blueprint model on 1 March 2012, the arrangements regarding the Reform Board may change in due course.

Relevant committee/panel Relevant Performance Performance Performance Panel Diversity HR and Performance Performance Audit and Finance & Audit / Perform- Finance ance Committee Performance Audit and Finance Performance Performance Audit / and Finance Performance Audit and Finance Audit and Finance Audit / and Finance Performance Audit and Finance Performance

C Cochrane Member J Schofield L Belgrove and J Aldridge S Nicholas S Hughes L Belgrove and M Fisher S Walsh and S Walsh C Obukofe and S Nicholas C Obukofe C Obukofe and G Rice N Macdonald, S Walsh L Belgrove and I Robertson C Obukofe and N Macdonald, K Twitchen S Hughes A Williams M Fisher P Bishop and J Schofield R Boyce, K Twitchen N Macdonald, and I Robertson N Macdonald, A Williams, J Schofield and S Nicholas C Cochrane J Aldridge S Nicholas

Role Animal Welfare Collaboration & Extremism Terrorism Counter Equality & Diversity Room Force Information Visiting Custody Independent IT Olympics Partnerships PCC transition People Vulnerable Protecting and media Public Engagement 1 - Opera- Strand Reform Programme tional Policing Reform Programme Strand 2 - Back/ Middle office 3 - Logistics Strand Reform Programme Reform Programme Board Risk Management Crime Organised and Serious

6. Committee/panel Lead Member

The Chairmen of police authority committees and panels naturally take on a leadership role and are recognised within this scheme as being the lead member for the subject area of the committee or panel that they chair.

The committee/panel Lead Member is required to:

• Act as the authority’s lead member and spokesperson on the areas within the committee or panel remit • Develop and maintaining up-to-date knowledge and specialist expertise in their area of responsibility • Liaise closely with authority and force staff in developing and managing the work of the meeting. EPA officers have been assigned lead responsibility to support and guide the work of each of the authority’s committees and panels in liaison with the chairmen of these meetings. • Contribute to relevant national policy development, events, net- works or initiatives.

7. Authority spokesperson at Council Meetings:

The following Members are appointed to attend meetings of the relevant Councils to answer questions about the discharge of the Police Authority’s functions:-

Essex County Council: Cllr A Jackson

Southend Council: Cllr I Robertson

Thurrock Council: Cllr G Rice

Membership of Outside Bodies:

Essex Pension Fund Board (2) - S Walsh , J Aldridge

Essex Police Museum Trust (1) - J M Schofield

Essex Women's Advisory Group— Mrs S Hughes

Police Appeals Tribunals (3) P Bishop, N S Macdonald, A Williams (Mrs M Fisher)

RCCE – Trustee – Mrs L Belgrove

Association of Police Authorities – Police Staff Council – Mrs L Belgrove, Mr C Cochrane

Statutory Selection Panel for the appointment of Independent members From June 2010: N Macdonald, S Hughes and I Robertson Mrs R Seth (Independent Assessor) (until 28 April 2013) Statutory Appointment Panel for the appointment of Independent Members Appointed June 2010 : A Jackson, Mrs M Fisher, J Schofield, C Obukofe, N Mac- donald

51 Section 4 ______4.1 STANDING ORDERS RELATING TO THE PROCEEDINGS OF THE ESSEX POLICE AUTHORITY

1. Meetings The annual meeting of the Authority shall be held in April, May or June of each year. In addition to the annual meeting, at least 3 meetings of the Authority shall be held each year.

2. Chairman (a) The first business of the annual meeting of the Authority shall be the appointment of the Chairman of the Authority for the ensuing year. (b) On a casual vacancy occurring in the office of the Chairman, an appointment to fill the vacancy shall be made at the next meeting of the Authority. (c) Any power of the Chairman in relation to the conduct of the meeting may be exercised by the person presiding at the meeting.

3. Vice-Chairman The Vice Chairman or Vice Chairmen of the Authority shall be appointed each year at the annual meeting of the Authority.

4. Quorum (a) A decision by the Authority to agree revenue estimates or issue a precept shall not be taken unless the members approving the decision (i) constitute at least half the total membership at the time of the decision and (ii) include at least 5 of the Councillor members appointed by the Joint Committee.

(b) Except as specified in (a) above the quorum of the Authority shall be 5.

(c) If during any meeting of the Authority the Chairman after counting the number of members present declares that there is no quorum, the meeting shall be adjourned.

(d) The consideration of any business not transacted shall be adjourned to a time to be fixed by the Chairman at the time the meeting is adjourned, or if he does not fix a time, to the next ordinary meeting of the Authority.

5. Voting (a) Voting shall be by a show of hands except that any five members may demand by standing in their places a vote by a secret ballot, in which event the Chief Executive shall distribute and collect from each member voting slips, count the votes cast in respect of the motion in question and inform the Chairman of the numbers, whereupon the Chairman shall declare the results. (b) Where immediately after a vote is taken by a show of hands if any member so requires, the minutes shall record whether that person voted for or against the question or abstained from voting.

6. Voting on Appointments Where there are more than two persons nominated for any position to be filled by the Authority, and of the votes given there is not a majority in favour of one person, the name of the person having the least number of votes shall be struck off the list and a fresh vote shall be taken, and so on until a majority of votes is given in favour of one person.

7. Minutes (a) At each meeting of the Authority the Chairman shall put the question that the minutes of the previous meeting be approved as a correct record.

(b) No discussion shall take place on the minutes except as to their accuracy, and any question of their accuracy shall be raised by motion. If no such question is raised, or if it is raised then as soon as it has been disposed of, the Chairman shall sign the minutes.

8. Rules of Debate Motions and Amendments

(1) A motion or amendment shall not be discussed unless it has been proposed and seconded at the meeting of the Authority at which the motion is to be considered, and it shall, if required by the Chairman, be put into writing and handed to the Chairman before it is further discussed or put to the meeting.

Seconder’s speech

(2) A member when seconding a motion or amendment may, if he then declares his intention to do so, reserve his speech until a later period of the debate.

53 Only one member to speak at a time (3) A member when speaking shall address the Chairman. If two or more members wish to speak, the Chairman shall call on one to do so.

Content and length of speeches (4) A member shall direct his speech to the question under discussion or to a personal explanation or to a point of order. Unless the Chairman otherwise approves, a speech by the mover of a motion or recommendation or by a member exercising the right of reply in accordance with paragraph (5) of this standing order shall not exceed five minutes and no other speech shall exceed three minutes.

When a member may speak again (5) The mover of a motion or recommendation, but not the mover of an amendment, shall have a right of reply, immediately after which reply the question shall be put to the vote: no other member shall be allowed to speak more than once on the same question except:

(a) on a point of order

(b) by leave of the Chairman in explanation of any material statement made by him which he believes to have been misunderstood.

Amendments to motions (6) An amendment shall be relevant to the motion and shall be Either:

(a) to refer a matter to a committee for consideration or re-consideration

(b) to leave out words

(d) to insert or add words

but such omission, insertion or addition of words shall not have the effect of introducing a new subject matter into the motion before the Authority, and shall not only have the effect of negativing a motion before the Authority.

54 (7) Only one amendment may be moved and discussed at a time and no further amendment shall be moved until the amendment under discussion has been disposed of.

Provided that the Chairman may permit two or more amendments to be discussed (but not voted on) together if circumstances suggest that this course would facilitate the proper conduct of the Authority’s business.

(8) If an amendment be lost, other amendments may be moved on the original motion. If an amendment be carried, the motion as amended shall take the place of the original motion and shall become the motion upon which any further amendment may be moved.

(9) A member may with the consent of the Authority signified without discussion: (a) alter a motion of which he has given notice, or

(b) with the further consent of his seconder alter a motion which he has moved

if (in either case) the alteration is one which could be made as an amendment thereto.

Withdrawal of Motion (10) A motion or amendment may be withdrawn by the mover with the consent of the seconder and of the Authority, which shall be signified without discussion, and no member may speak upon it after the mover has asked permission for its withdrawal, unless such permission shall have been refused.

Right of reply (11) The mover of a motion has a right of reply at the close of the debate on the motion, immediately before it is put to the vote. If an amendment is moved, the mover of the original motion shall also have a right of reply at the close of the debate on the amendment. The mover of the amendment shall have no right of reply to the debate on his amendment.

Motions which may be moved during debate

(12) When a motion is under debate no other motion shall be moved except the following: (a) to amend the motion

(b) to adjourn the meeting

(d) to proceed to the next business

(e) that the question be now put

(f) that a member be not further heard

(g) that a member do leave the meeting

(h) a motion to exclude the public

Closure motions (13) A member may move without comment at the conclusion of a speech of another member : "that the Authority proceeds to the next business", "that the question be now put", "that the debate be now adjourned", or "that the Authority does now adjourn"

on the seconding of which the Chairman shall, unless in his opinion the matter before the meeting has been insufficiently discussed, proceed as follows: (a) on a motion to proceed to the next business: he shall first give the mover of the original motion a right of reply, and then put to the vote the motion to proceed to the next business;

(b) on a motion that the question be now put: he shall put to the vote the motion that the question be now put, and if it is passed, then give the mover of the original motion his right of reply before putting his motion to the vote; (c) on a motion to adjourn the debate or the meeting: he shall put the adjournment motion to the vote without giving the mover of the original motion his right of reply on that occasion.

Point of order (14) A member may speak on a point of order or by leave of the Chairman in personal explanation and shall be entitled to be heard forthwith. A point of order shall relate only to an alleged breach of standing order or statutory provision and the member shall specify the standing order or statutory provision and the way in which he considers it has been broken. A personal explanation shall be confined to some material part of a former speech by him which may appear to have been misunderstood in the present debate.

Respect for Chairman (15) Members shall pay due respect to the Chairman at all times during meetings.

9. Disorderly Conduct

(a) If at a meeting any member, in the opinion of the Chairman, misconducts himself by persistently disregarding the ruling of the Chairman, or behaving irregularly, improperly or offensively, or by wilfully obstructing the business of the Authority, any member may move “that the member named be not further heard" and the motion if seconded shall be put and determined without discussion.

(b) If the member named continues his misconduct after a motion under (a) above has been carried, the Chairman may either move “that the member named do leave the meeting”, or may adjourn the meeting for such period as he thinks fit.

10. Disturbance by Members of the Public If a member of the public interrupts the proceedings at any meeting, the Chairman shall warn him. If he continues the interruption, the Chairman shall order his removal from the meeting.

11. Special Meeting The Chairman of the Authority may call a special meeting of the Author- ity at any time. A special meeting may also be called on the requisition of at least 5 members of the Authority given in writing to the Chief Executive.

57 12. Committees and Panels (a) The Authority may appoint committees (with power to take decisions) and panels (with power to consider and make recommendations) for such purposes as they think fit.

(b) These standing orders shall apply with any necessary modifications to committees and panels.

13. Record of Attendance Every member attending a meeting of the Authority shall sign his name in the attendance book or sheet provided for that purpose.

14. Interests In Contracts And Other Matters If any member of the Authority has any pecuniary interest, direct or indirect, within the meaning of Section 94 of the Local Government Act 1972 (other than an indirect interest described in Section 97(6) thereof) in any contract, proposed contract, or other matter, that member shall withdraw from the meeting while the contract, proposed contract, or other matter, is under consideration by the Authority unless:-

(a) the disability to discuss that matter imposed upon him by the Section has been removed by the Secretary of State under Sec- tion 97(1) of the Act; or

(b) the Authority invites him to remain, or

15. Questions At Council Meetings (a) Each year at its annual meeting the Authority shall nominate one or more of its members to attend meetings of the relevant council to answer questions on the discharge of the functions of the Au- thority.

(b) For the purpose of this standing order a relevant council is Essex County Council or any successor local authority entitled to appoint members to the Authority.

16. Interpretation The ruling of the Chairman as to the constitution or application of these standing orders or as to any other aspects of the proceedings of the Authority shall be final and shall not be challenged at the meeting.

58 Section 4 ______

4.2 ESSEX POLICE AUTHORITY DELEGATION ARRANGEMENTS

GENERAL PRINCIPLES 1. This document refers to delegation by the Essex Police Authority to the Chief Constable, Link Members and the Chief Executive. It does not refer to delegation by the Chief Constable of matters within his remit.

2. Notwithstanding the availability of delegated powers, the Chief Consta- ble, Link Member or Chief Executive will seek the approval of the Au- thority or consult the Chairman or other officers whenever he considers this appropriate.

3. Delegated powers shall be exercised in accordance with the Authority's Financial Regulations.

4. Delegated powers shall be exercised within the scope of the approved policies, plans and budgets of the Authority.

5. Professional advice should be obtained where appropriate before delegated powers are exercised.

6. References in this document to the Chief Constable and Chief Executive shall include such other offices as may be authorised by them to act on their behalf.

DELEGATIONS TO THE CHIEF CONSTABLE General 1. To administer and monitor the approved budget for Essex Police.

2. To be responsible for the management of the police estate, including maintenance of property, and for this purpose to incur expenditure within the Authority's approved maintenance budget.

3. To take all appropriate steps to ensure that the Authority's approved capital programme is implemented.

4. To acquire the vehicles, plant, equipment and services required by Es- sex Police, and to make arrangements for their use, disposal and replacement as appropriate.

5. To authorise the disposal of police houses and to agree the terms of such disposals.

59 6. To authorise land and property transactions (other than the disposal of police houses) not exceeding £30,000 in value and to agree the terms of such transactions. For this purpose land and property transactions include purchases, the taking and granting of leases, tenancies, licences and easements, and the disposal of land and property no longer required by the Authority.

7. To allocate housing to police and other staff, and to deal with any associated matters including the recovery of possession.

8. To authorise the use of police property by outside bodies, provided that such use is temporary and no tenancy is created.

9. To apply for planning permission for the development of police property.

10. To submit proposals for and make objections to the rating valuation lists.

11. To appoint the Force Medical Officer and in consultation with the Force Medical officer to appoint Police Surgeons. Personnel 1. To adjust the civilian and police establishment both in numbers and in gradings within the overall workforce budget approved by the Authority, except those posts at chief officer or principal management grade which will be referred to the Authority.

2. To appoint staff excluding police posts at Chief Officer level and civilian posts at principal management grades.

3. To authorise, except where otherwise provided in the contract of employment or under statutory provision, the suspension of staff and/or the termination of their employment with the exception of staff whose appointment is by the Authority.

4. To approve, within the policy approved by the police Authority, the retirement, in the interests of the efficiency of the service, of employees subject to the Local Government Superannuation Scheme with or without enhancement of service.

5. To approve the appointment or secondment of police officers for central services or overseas duty.

6. To exercise the functions of the Authority in respect of the Police Pen- sions Regulations and any amending legislation, subject to prior consultation where appropriate with the Chief Executive and the Treasurer.

7. In accordance with terms of any approval given by the Secretary of State, to grant leave with pay and the payment of appropriate fees and charges in respect of police officers selected to take degree courses at university.

8. To authorise attendance at conferences up to total expenditure of £1,500 and training courses up to total expenditure of £7,000 in any individual case.

9. To agree as reasonable, for reimbursement by the Authority, solicitors and estate agents fees incurred by police officers as part of their removal expenses.

10. To approve payments under the adopted scheme for planned overtime for civilian staff graded above the overtime limit, subject to the guidelines in operation.

11. To implement national agreements on salaries, wages and conditions.

12. (a) To determine the appropriate national wage rate for crafts- men and manual workers in the case of jobs identified and graded under the national Job Evaluation Scheme; and the grading of all other manual/craft posts subject to local determination. (b) To determine the application of established national or local allowances or plusages. (c) To determine local rates of pay and conditions of service for employees of statutory DSOs under Authority responsibility.

13. To approve any payments under any Authority approved bonus, productivity or performance related payment schemes and honoraria payments in recognition of additional duties and responsibilities or similar special payments.

14. To agree, where considered appropriate, legal representation and the reimbursement by the Authority of reasonable legal expenses incurred by police officers facing legal proceedings arising from action taken in pursuance of their duties, after consultation where appropriate with the Chief Executive.

15. To grant leave of absence with or without pay for a period not exceeding 26 days a year to enable an employee to serve on public or professional bodies.

16. To grant leave of absence with or without pay for a period not exceeding 16 weeks, having regard to relevant Authority policy or guidelines in respect of circumstances, duration, and whether with or without pay.

17. To grant the extension of sickness payments subject to regulations adopted by the Authority.

18. To approve the extension up to two years beyond the period under the Relocation Allowance Scheme within which resettle- ment must be completed to qualify for payment of allowances, provided that the total time taken to resettle does not exceed three years.

19. To approve a further 12 months extension of payment of the Disturbance Allowance under the Relocation Allowances Scheme.

20. To undertake negotiation and reach agreements with recognised Trade Unions and Staff Associations on any matters suitable for local determination.

21. To approve within Authority guidelines, requests for civilian staff graded above APT & C Scale 6 to undertake additional outside work.

22. Within Authority policy, to designate a civilian post as an authorised essential or casual car user for official business and the payment of the relevant allowances within approved budgets.

23. To award prizes under any Authority approved suggestion scheme.

24. To authorise, in consultation with the Treasurer, the settlement of claims under Section 88(2) of the Police Act 1996 arising from the wrongful acts of Constables, up to a maximum of £25,000 (such settlements to be reported to the Complaints and Discipline Panel).

25. To exercise the powers of the Police Authority in relation to decisions on possible medical retirement and retention of Police Officers (up to ACPO rank) under Regs. H1 and A20 of the Police Pension Regulations.

USE OF DELEGATED POWERS BY LEAD MEMBERS

General Introduction

Set out in the following table are the delegated authorities for use by lead members.

The exercise of delegated powers will always be subject to the following conditions:-

i. The exercise of powers must be reported to the next appropriate committee. For this reason the Chief Officer seeking the exercise of delegated authority by a lead member would complete and sign a prescribed request form setting out the delegated authority sought and giving the factual details and then countersigned by the member with a copy being forwarded to the Chief Executive for reporting to the appropriate Committee.

ii. Lead members in considering whether to exercise delegated powers will always have the option of deciding in a particular instance that the matter should be referred to the appropriate committee, or to the Au- thority for decision.

iii. Lead members, in exercising delegated authority must do so in accordance with the approved policies of the Authority. If they have any doubt regarding the extent of their authority or the appropriateness of exercising such authority they should first seek the advice of the Chief Executive or Deputy Chief Executive and Treasurer

Where the use of delegated powers by a lead member is sought the Form, on next page, should be used in all cases and a completed copy sent to the Chief Executive.

DELEGATIONS TO THE CHIEF EXECUTIVE

1. To ensure that the Authority is properly supplied with administrative and legal services.

2. To authorise the institution, defence, withdrawal or settlement of any claims or legal proceedings on behalf of the Authority.

3. To authorise the affixing of the Authority's seal to documents.

4. To determine, in consultation with the Chairman, the initial steps to be taken in respect of complaints in relation to senior officers.

5. (a) To take such steps as may be necessary to instruct an independent solicitor or solicitors pursuant to any case which is referred to a hearing under the Police (Conduct) (Senior Offi- cers) Regulations 1999.

(b) To appoint a tribunal together with any assessors subject to approval of the tribunal for the purpose of conducting any hearing in respect of a senior officer referred by the Police Authority.

y/ to on i or sub- thorit tives ecis u a ittee a r d m to ltern er t t com a ittee fo te m progress the matter com Consider a Refer m appropria g tin No

No repor ate lit authority aci f er to b

m y e tive it er-

- - er 4 m a ex of delegated orit ecu author- y m e

k S b leg Yes ? Yes d ted m f Ex e a e consid ity? boo u bers tifi leg o quest use e y ithin de e and to exercise delegated au-

See member tions to iden h W Do y appropriate to to r EPA Chi cise d back to the auth 2 to thorit Form sent Opportunity lete rm 2 p Fo

Com of py o C Don’t know

e tiv Refer to EPA Chief Execu

Request for Use of Delegated Authority by Lead Member Request for Use of Delegated Authority by Lead Member

The exercise of delegated powers will always be subject to the following conditions:-

The exercise of powers must be reported to the next appropriate committee. For this reason the Chief Officer seeking the exercise of delegated authority by a lead member would complete and sign a prescribed request form setting out the delegated authority sought and giving the factual details and then countersigned by the Member with a copy being forwarded to the Chief Executive for reporting to the appropriate Committee.

Lead members in considering whether to exercise delegated powers will always have the option of deciding in a particular instance that the matter should be referred to the appropriate committee, or to the Authority for decision.

Lead members, in exercising delegated authority must do so in accordance with the approved policies of the Authority. If they have any doubt regarding the extent of their authority or the appropriateness of exercising such authority they should first seek the advice of the Chief Executive or Deputy Chief Executive and Treasurer

66 GTFGF

Essex Police Authority Request for Use of Delegated Authority by Lead Member

Please see page 66 of handbook for procedure to be instigated when re- questing the use of delegated authority by a Lead Member

Details of Essex Police Officer making request

Name: Signature: Date:

Brief description of Delegated Power Requested:

Summary of facts justifying exercise of delegated powers:

Please attach any documentation to this form which will assist the lead member to reach a decision

EPA Lead Member Authorisation Name: I hereby authorise the action requested by the above named Essex Police Officer under the delegated power given to me as set out above.

Signature: Date:

67 Delegations to Members Area Limit of Delegation A Financial 1 Revenue Virements £200K In conjunction with the Treasurer

2 Detailed Scheme & Up to In conjunction with Treasurer— Estimates £350k no reference to Committee 3 Settlement of Civil £50k In conjunction with Chief Executive Claims Excluding legal costs 4 Write off discrepan- £15k cies between actual and book value of stock 5 Write off of surplus £15k On individual items stock or equipment £15k On Individual items or materials Both in conjunction with the Treasurer 6 Disposal of surplus £350k Land & Buildings land, buildings, vehi- £50k Equipment cles and items of £15k Vehicles equipment All in conjunction with the Treasurer 7 Write off individual £15k In conjunction with Treasurer amounts in respect of income 8 Ex-gratia payment £10k In conjunction wit treasure or for damage or loss to Chief Executive property or personal injury B CSPs 1 Support of Divisional/District Commander in holding to account partners of any partnership with which work is undertaken especially CSPs having regard to Local Policing Plan, CSP Strategy and taking into account any provisions of the Local Area Agreement. 2 Approval on behalf of the Authority in a scrutiny role when co-opted in respect of local policing to a district/unitary Authority Scrutiny Committee 3 (Delegations will need to be developed in relation to CSPs in terms of funding and agreeing priorities and targets) e.g. proposed Community Safety Fund. Cont/: 68

C General

1 Responding to national and regional consultation documents emanating from a Government Department .

2 Approval of plans or submissions to the Home Secretary except where statutory provision approval by the Police Authority

3 Making bids to the Home Secretary for funding up to a limit of £100k

4 Requiring the Chief Constable to submit to the appropriate committee a report on such matter or matters as the Lead Member may determine invoking, if necessary the provisions of Section 22 of the police Act 1996 to secure the production of such a report

Section 4 ______4.3 Code of Corporate Governance and Annual Governance State- ment

Introduction

This document is in five parts, covering:

Scope of responsibilities

2 The purpose of the governance framework

3 The governance framework described

4 Review of the effectiveness of the framework

5 Actions to address any significant governance weaknesses

It sets out the Authority’s governance arrangements in relation to the six core principles of good governance developed by the Independent Com- mission on Good Governance in Public Services, namely:

A. Focusing on the purpose of the Authority and on outcomes for the community including citizens and service users and creating and implementing a vision for the local area.

B. Members and officers working together to achieve a common purpose with clearly defined functions and roles.

C. Promoting the values of the Authority and demonstrating the values of good governance through behaviour.

D. Taking informed and transparent decisions which are subject to effective scrutiny and managing risk.

E. Developing the capacity and capability of members to be effective and ensuring that officers – including the statutory officers – also have the capability and capacity to deliver effectively.

F. Engaging with local people and other stakeholders to ensure robust, local public accountability.

1 Scope of responsibilities

1.1 Essex Police Authority (“the Authority”) is responsible for ensuring its business is conducted in accordance with the law and proper standards, that public money is safeguarded and properly accounted for and used economically, efficiently and effectively. The Authority also has a duty under the Local Government Act 1999 to make arrangements to secure continuous improvement in the way in which its functions are exercised, having regard to a com- bination of economy, efficiency and effectiveness.

1.2 In discharging this overall responsibility, the Authority is also responsible for putting in place proper arrangements for the governance of its affairs and facilitating the exercise of its functions. This includes ensuring a sound system of internal control is maintained through the year and that arrangements are in place for the management of risk.

1.3 The Authority has approved and adopted a code of corporate governance, which is consistent with the principles of the CIPFA/SOLACE framework: Delivering Good Governance in Local Government. A copy can be obtained from The Chief Executive, Essex Police Authority, 3 Hoffmanns Way, Chelmsford, Essex, CM1 1GU.

1.4 This statement explains how the Authority has complied with the code and also meets the requirements of regulation 4 (2) of the Accounts and Audit Regulations 2003, as amended by the Accounts and Audit (Amendment) (England) Regulations 2011, in relation to the publication of a statement on internal control.

2 The Purpose of the Governance Framework

2.1 The governance framework comprises the systems and processes and culture and values by which the Authority is directed and controlled as well as the activities through which it accounts to and engages with the community. It enables the Authority to monitor the achievement of its strategic objectives and to consider whether those objectives have led to the delivery of appropriate, cost-effective services, including achieving value for money.

2.2 The system of internal control is a significant part of that framework and is designed to manage risk to a reasonable and foreseeable level. It cannot eliminate all risk of failure to achieve policies, aims and objectives. There- fore, it can only provide reasonable and not absolute, assurance of effectiveness.

2.3 The system of internal control is based on an ongoing process designed to identify and prioritise the risks to the achievement of the Authority’s policies, aims and objectives, to evaluate the likelihood of those risks occurring, the impact should they occur and to manage them effectively, efficiently and economically. The governance framework has been in place at the Au- thority for the year ended 31 March 2011.

3 The Governance Framework

3.1 Although the Chief Constable is responsible for operational policing matters, the direction and control of police personnel and for putting in place proper arrangements for the governance of the force, the Authority is required to hold him to account for the exercise of those functions and those of the persons under his direction and control. It follows that the Authority must satisfy itself that the force has appropriate mechanisms in place for the maintenance of good governance and that these operate in practice.

3.2 The following sections (A-F) describe the key elements of the systems and processes that comprise the governance arrangements that have been put in place for the Authority and force.

A. Focusing on the purpose of the Authority and on outcomes for the community including citizens and service users and creating and implementing a vision for the local area.

A1. Agree and regularly review a statement of purpose, vision and values.

The Authority produces its own business plan on an annual basis. This sets out its purpose, vision and values and as well as priorities for the Authority to ensure it remains an effective body for oversight of the force.

A2. Agree and regularly review a statement of the force’s culture, vision and values.

The Authority and force jointly prepare and publish annually a three year strategy and annual plan setting out local policing priorities and targets. The Authority also keeps under review key force plans and strategies such as the Community Engagement Strategy.

72 A3. Ensure that partnership working is underpinned by a common vision that is understood by all parties.

The three year strategy and annual plan includes priorities to be delivered in partnership. The Authority and force work to support common aims with a variety of stakeholders.

A4. Measure and keep under review the quality of policing services.

The Authority seeks information on service quality through its own and the force’s engagement activity. Use is also made of the results from the force user satisfaction survey and mystery shopping programme as well as national public perception surveys. This feedback is considered, together with a range of other information, to determine local policing priorities. The three year strategy and annual plan includes priorities relating to the quality of policing services in Essex with associated measures and targets. The Authority has endorsed service standards in support of these priorities, with the following commitments:

• Delivering a high quality service • Protecting the public • Providing a local service • Keeping victims of crime informed

The Performance Committee and its constituent panels keep the quality of policing services under review. For example the Profes- sional Standards Department oversees or investigates misconduct and complaints concerning the conduct of officers and staff and the Authority oversee this work through the Complaints and Profes- sional Standards Panel. The Authority has recourse to independent performance information, including information from external audit, inspection and review reports and through the national quantitative analysis tool, to support its robust review of performance.

A5. Measure and review value for money.

The Authority and force regularly monitor key performance indicators that provide a broad measure of value for money. Value for money is constantly sought through channelling resources to priority areas, particularly to the front line. The work of the Reform Programme which oversees savings and efficiencies within the force and the collaboration programmes seek to challenge existing prac- tices, drive out inefficiencies and ensure resources and assets are used more effectively. 73

The Authority oversees these work areas through its committee oversight role and by participation at programme board level. The Authority also monitors on a regular basis the progress of all major revenue investments to ensure that service benefits are delivered as planned.

A6. Undertake environmental scanning to identify local and national expectations.

The Authority actively participates in the work of the Association of Police Au- thorities (APA), contributing to issues as they emerge and assisting the development of policy and guidance at a national level. Advice, guidance and information from the APA are disseminated to all members on a regular basis, usually through a regular newsletter, or through the formal committee process as necessary. A key element in this relates to the passage of the Police Reform and Social Responsibility Bill, which when enacted, will see the election of Police and Crime Commissioners (PCCs) to replace police authorities in May 2012. Authorities are likely to be legally obliged to prepare for this eventuality and make the necessary resources available.

Other monitoring services are used to oversee parliamentary and legislative developments. Locally the Authority and force use their engagement activities to capture local issues. In particular the Authority will use the Independent Advisory Group (IAG) to engage with ‘hard to reach’ minority groups and youth forums to engage with young people. Active engagement with key partners, particularly CSPs, Local Strategic Partnerships (LSPs), and the local airport operator ensures that key local stakeholders’ views are known.

The Authority formally oversees the production of and progress against all targets and priorities set out in the local policing strategy and plan. Performance is measured against targets, over time and compared with peers. The Authority pro-actively challenges areas of poor performance and seeks detailed reports on these areas to monitor progress and ensure improvement. This is achieved primarily through the Authority’s Performance committee and its constituent panels but the Authority is also represented on the force Per- formance, Review and Intervention meeting (PRISM) which considers and takes action in relation to monthly data.

The Chief Constable is subject to a performance appraisal system overseen by the Authority and HMIC. The Authority has a joint Risk Manage- ment Strategy in place with the force for the robust and effective management of risks with regular monitoring at police Authority meetings and by the lead member for risk management. The Authority has its own Business Continuity Plan and seeks assurance about the force’s arrangements.

B. Members and officers working together to achieve a common purpose with clearly defined functions and roles.

B1. Demonstrate it understands its role and functions.

The Authority produces a business plan on an annual basis that sets out its mission, statement of purpose and values. The plan sets objectives and an action plan, the outcomes from which are reviewed on a regular basis and reported on each year. The Authority maintains a members’ handbook setting out the Authority’s constitution, working arrangements and responsibilities of individual members. A scheme of delegation exists setting out the respective level of responsibilities of the Chief Constable, Chief Executive and Treasurer. The Authority’s members and staff, regularly work with the force through both formal structures and informal arrangements to ensure that the Au- thority effectively discharges its duty to ensure the provision of an efficient and effective police service. The Authority uses an induction programme to ensure new members understand the work of the Authority and their role in it.

B2. Set out the role and responsibilities of members, the Chief Consta- ble, the Chief Executive, the Treasurer and the monitoring officer.

The roles and responsibilities of all statutory officers are set out in role profiles. Delegation arrangements are set out in the Authority’s constitution and financial regulations. Members’ roles and responsibilities are set out in the constitution.

B3. Make the Chief Constable and Chief Executive responsible and accountable for the operational arrangements of the force and Authority, respectively.

The Policing Strategy and Plan and the Essex Police Authority Business Plan set out the key objectives and targets for which the officers are responsible. The Authority has a formal committee structure for reporting progress and informal arrangements with the chairman and other lead members to discuss relevant matters. Both the Chief Constable and the Chief Executive are subject to a performance appraisal system as are 75 members of the Authority.

Constable and the Chief Executive are subject to a performance appraisal system as are members of the Authority.

B4. Demonstrate how it fulfils its statutory responsibilities.

a) Planning: the Authority works with the force, stakeholders and local communities to set the strategy and priorities for policing. A Policing Strat- egy and Plan is published annually. The Authority and force produce a me- dium term financial strategy setting out the likely available resources to ensure that resources are directed to address the strategic priorities.

b) Finance and Budget: the Authority ensures the force has the budget to deliver its objectives. It sets an annual revenue budget and manages its financial resources, land and other assets through a capital strategy and appropriate asset management plans. Financial regulations and contract standing orders are in place for the proper administration of the Authority’s financial affairs. The Authority is subject to the Audit Commission’s independent assessment of its use of resources. The Authority and force are also subject to the HMIC review of plans and preparedness to meet the budget reduction.

c) Community engagement: A joint Community Engagement Strategy is in place, which sets out force and Authority arrangements to inform, consult and engage with the people of Essex. The Authority and force regularly a tend or hold public events to inform the public and to seek the views of various communities or groups on policing priorities. The Authority oversees the work of the force’s engagement through the formal committee structure. The Authority and force maintain websites to inform and to seek the views and concerns of the public. The Authority supports the attendance by the public at its meetings, which include an opportunity for public questions. d) Performance management and continuous improvement: the Authority has arrangements in place to monitor, assess and challenge performance through its committee structure, lead member roles, consultation and external inspections. The Authority routinely identifies good and bad performance issues and seeks to address poor performance or areas of concern through appropriate and robust scrutiny arrangements.

e) Complaints and Professional Standards: the Authority has arrangements in place to deal with complaints against chief officers of the Force. The Authority’s Chief Officers’ Committee considers any complaint or misconduct charge against a chief officer. The Chief Executive is delegated to undertake any necessary preliminary enquiries. The Authority regularly monitors complaints raised against police officers and staff through its committee structure.

f) Equality and diversity: equality schemes and equality analysis are in place for the force and Authority. The HR and Diversity Panel and lead member for equality and diversity monitor delivery against the schemes and consider the outcomes of equality analysis when making decisions.

g) Collaboration: the Authority and force jointly exploit the opportunities presented by collaboration to make efficiency improvements and better use of existing resources and assets. A formal decision making process with collaborative partners has been established to oversee developments and ensure that anticipated benefits are realised in a timely fashion.

B5. Ensure that policing is appropriately delivered in partnership with other agencies, with clear governance arrangements within those partnerships.

The Authority and force work to support common aims with a variety of stakeholders, including: Community Safety Partnerships (CSPs) Local Criminal Justice Board Stansted Airport Limited Safer Roads Partnerships District, Town and Parish Councils Essex County Council and Unitary Councils Essex County Neighbourhood Watch Executive Commi ttee The Authority is actively engaged with other forces and police authorities in the eastern region and with Kent to pursue collaborative benefits. Joint statutory committees have been established to formalise the governance of this work.

B6. Have in place an effective independent custody visiting scheme. The Authority has a review group to oversee all arrangements of the indepen dent custody visiting scheme, ensuring the scheme is maintained, kept under review and remains effective.

C Promoting the values of the Authority and demonstrating the value of good governance through behaviour.

C1. Ensure its work is underpinned by ethical values and a climate of openness, support and respect.

The Authority sets out its values in its business plan which is updated and reviewed annually. Members are governed by codes of conduct which are overseen by the Authority’s Standards Committee. Corporate governance arrangements are kept under review by the Authority’s Audit Panel. Members of staff are subject to clear standards of behaviour overseen by the Chief Executive. The constitution sets out the Authority’s working arrangements, ensuring full participation by members in the work of the Authority.

C2. Ensure that standards of conduct and personal behaviour expected between members, Authority staff and force personnel are defined, communicated and monitored.

Each member has a defined set of roles and responsibilities. Documented policies exist on codes of conduct for members and standards of behaviour for staff. All new members and staff receive induction training, including responsibilities relating to conduct and standards of behaviour. Member attendance records are maintained for all formal meetings of the Author- ity.

C3. Actively promote and maintain high standards of conduct.

The Authority follows approved procedures and competency standards for the appointment of all staff and independent members. Procedures are in place for de- claring interests, claiming expenses and recording hospitality received. The Author- ity has whistle blowing and grievance procedures in place.

C4. Ensure that the force sets high standards of ethical behaviour and that complaints are dealt with effectively.

The Authority has procedures in place to deal with complaints against chief officers. The Authority also oversees complaints against the force and its officers through its Complaints and Professional Standards Panel, which complies with national guidance. The Force has whistle blowing and grievance procedures in place.

D. Taking informed and transparent decisions which are subject to effective scrutiny and managing risk.

D1. Have in place a formal mechanism to take required decisions. The Authority has a formal committee structure with clear terms of reference and a scheme of delegation. Standing orders and financial regulations set out responsibilities, various controls and approval procedures. Formal reports are presented to the appropriate Authority meetings and all decisions are formally recorded in the minutes of each meeting.

D2. Maintain effective audit arrangements

The Authority oversees audit arrangements through its Audit Panel which considers the annual audit plans of both the external auditors and internal audit. Both plans are risk based. Progress against the internal audit plan is monitored on a regular basis. The external auditor presents the annual audit letter to members of the Finance and Audit Committee each year.

D3. Have access to up-to-date information to support decision making.

Formal reports are presented to the Authority’s meetings in a timely fashion. Members have access to independent legal advice from the Authority’s solicitor who is also the monitoring officer and financial advice from the Treasurer. They also have access to independent policy advice and re- search. Members are briefed by officers of the Authority to support independent scrutiny and decision making at meetings. Members, through their link roles, and attendance at force meetings have access to key senior force personnel to discuss progress and areas of concern. Regular briefings and workshops are arranged to provide information on topical issues or areas of concern.

D4. Have in place an effective system to manage risks.

The Authority has approved a risk management strategy and oversees its implementation through its Audit Panel. All members receive training on risk management.

The force and Authority maintain a corporate risk register and both have Busi- ness Continuity Plans. Risk assessments are performed for all major initiatives and projects.

E. Developing the capacity and capability of members to be effective and ensuring that officers – including the statutory officers – also have the capability and capacity to deliver effectively.

E1. Demonstrate that it plans for how it will deliver its own role and functions. The Authority contributes to and subsequently approves the Policing Strategy and Plan as well as preparing its own business plan which is updated annually.

E2. Demonstrate that it plans and makes appropriate allocation and use of funding to deliver its role and functions.

The Authority’s business plan identifies the resources and funding needed to perform its own role. The budget is monitored throughout the year.

E3. Demonstrate that it provides or has access to the range of capabilities necessary to fulfil its role and functions.

The Authority appoints its independent members and officers using an open competency based recruitment process. A dedicated team of staff supports the work of the Authority. Members and officers receive induction and on-going training and development to maintain their effectiveness. Where appropriate, additional support is obtained from Essex Police to fulfil specific roles, particularly for media and public relations activities and human resources support.

E4. Demonstrate that it effectively communicates.

The Authority has its own dedicated website describing its work and activities, including public meetings, agendas and reports and all key policy documents. Regular internal communication is undertaken via formal and informal meetings and the weekly newsletter. The use of staff appraisal, team meetings and circ- ulating management team notes ensures that staff are engaged on a regular basis. The Authority and force maintain regular communication through the intranet, regular meetings between chief officers and members and Essex Po lice’s newspaper ‘Upbeat’.

E5. Demonstrate that it has operational policies, procedures and processes to deliver its role and functions and that these are regularly reviewed.

The Authority has a written constitution setting out its structure, standing orders, contract standing orders, financial regulations, member responsibilities, scheme of delegation and code of conduct. It has also developed HR policies, adopting force policies and procedures where appropriate. The Authority has an office procedures manual setting out procedures key to the smooth running of the Authority’s offices. Training records and records of attendance are monitored.

E6. Demonstrate that it has the physical resources to deliver its role and functions and that these are regularly reviewed.

The Authority has its own dedicated modern office facilities and car park. The office is fully equipped with IT, printing and communications facilities.

F. Engaging with local people and other stakeholders to ensure robust local public accountability.

F1. Understand to whom it is accountable and for what it is accountable and make this known to the communities it serves.

The role and functions of the Authority are communicated to the public and other stakeholders through the publication of its meetings, reports and policies and through a system of regular public engagement activities and events. The Authority’s website includes information about the role of the Authority, including information about its plans and achievements and how the public can get involved. It is maintained to ensure that all public reports and notices of forthcoming meetings and events are readily available. The Authority and force publish a council tax leaflet which includes the local policing summary and is distributed to every council tax paying household in Essex. The force also publishes an annual report which is a general report on policing of the force area in the previous year.

F2. Ensure arrangements are in place to enable effective engagement with all sections of the community.

The Authority has a joint community engagement strategy with the force and undertakes a number of specific activities to engage with the diverse and hard to reach groups within its community. Data shows that these arrangements are effective in terms of reaching a representative sample of the communities in Essex. The Authority actively engages with the press and media to ensure wide- spread coverage of its activities. Survey outcomes and other feedback mechanisms are regularly reported to the Authority to monitor the effectiveness of feedback arrangements and the quality of service provided.

F3. Ensure arrangements are in place to enable effective engagement with partners, stakeholders and other organisations.

A link member role has been established for individual members to engage with each CSP in the force’s area and for youth services. The Authority is also engaged with the Essex Criminal Justice Board (CJB) to develop a closer working relationship. In addition, it is a member of the Essex Partnership fo- rum.

F4. Have a clear policy on how and when it consults and involves staff and their representatives in decision making, policies and procedures.

The Authority holds regular meetings with each staff association. The Authority’s staff are engaged through team meetings and the appraisal scheme. Trade union liaison is maintained at all appropriate occasions. The Authority has whistle-blowing arrangements and grievance procedures in place for all staff.

F5. Regularly publish information on the Authority’s work and achievements.

The Authority publishes reports, minutes and key publications such as the policing plan on its website. The Authority has a Freedom of Information Pub- lication Scheme in place. The statement of accounts is published and the council tax leaflet is distributed to every household, as well as being available on the website.

F6. Ensure that the Chief Constable regularly publishes information on the force’s work, achievements and satisfaction of users.

The policing strategy and plan is published and available on the Authority’s website. Performance against the policing plan targets, including comparisons over time and against peers, is regularly reported to the Authority and available on the Authority’s website. Action plans arising from various inspections are monitored by the Authority, with reports and minutes available on the website. The Authority and force regularly issue press releases about key work and achievements.

4. Review of Effectiveness

4.1. Police Authority

4.1.1 The Authority has responsibility for conducting, at least annually, a review of the effectiveness of the governance framework, including: The system of internal audit The system of internal control

4.1.2 These reviews have been informed by the work of the Authority’s Audit Panel and internal audit during the course of the year. Managers within the Authority who have responsibility for the development and maintenance of the governance environment have contributed to this work. In addition, comments made by the external auditors and other review agencies and inspectorates have informed this review.

4.1.3 The Audit Panel has specific responsibilities for corporate governance arrangements, internal audit and risk management. The panel oversees the progress of internal audit and as a body independent of the internal audit service, it provides an appropriate means of assessing the effectiveness of internal audit. Progress on risk management is regularly reported to the panel.

4.2 The Force

4.2.1 Chief Officers are responsible for determining force strategies and key policy decisions. They identify the service improvement programmes necessary to deliver the three year policing strategy and the mechanisms for authorising, monitoring and controlling the corporate projects needed to deliver the necessary improvements in the service.

83 4.2.2 A key focus for the year has been the delivery of financial savings and other efficiencies through the Reform Programme and the delivery of efficiencies through collaborative work with other forces.

4.3 Internal Audit

4.3.1 Internal audit has maintained a continuous review of the internal control environment throughout the year.

4.3.2 The view of the internal auditors is that they consider that Essex Po- lice have established a sound control framework.

4.4 External Audit

4.4.1 The auditor agrees an annual audit plan with members. Regular meetings are held with both the Treasurer and force personnel.

4.4.2 Recommendations arising from the auditor’s reports are progressed by the force.

4.5 Her Majesty’s Inspectors of Constabulary (HMIC)

4.5.1 HMIC independently assess police forces and policing activity across broad policing themes and specific subjects, in the public interest.

Findings from inspections are provided to the relevant force and Authority with the aim of encouraging improvement. Where appropriate, they are also published on the HMIC website together with other information on performance. Action plans arising from inspection are monitored for progress by the Authority.

5. Significant Governance Issues

5.1 The definition of a significant governance issue is one where the issue has: • seriously prejudiced or prevented achievement of a principle objective • resulted in a need to seek additional funding to allow it to be resolved • resulted in a significant diversion of resources from another aspect of the business • led to a material impact on the accounts • resulted in the Audit Panel advising that it should be considered significant for this purpose • resulted in the Head of Audit Services reporting it as significant, for this or the force

5.2 Governance of Collaboration

5.2.1 Given the development of significant collaboration arrangements across numerous partners there is a need to ensure that governance arrangements remain robust with regard to the number of agencies involved.

5.2.2 The Authority proposes, over the coming year, to take steps to review its governance arrangements in order to facilitate and support collaboration initiatives with the potential to enhance policing services in Essex.

5.2.3 This includes the support of any particular collaboration which benefits other authorities to a much greater extent than this Authority but which will lead to a wider overall benefit.

5.3 Police and Crime Commissioners

5.3.1 The Police Reform and Social Responsibility Bill will, if enacted, intro- duce directly elected Police and Crime Commissioners (PCCs) to replace police authorities. Whilst the Bill provides the framework for transition, much of the detail for the revised governance arrangements will be set out in secondary legislation.

5.3.2 The timetable for implementation of the revised governance arrangements following enactment of primary legislation will represent a significant challenge. The Authority will be required to prepare for the introduction of PCCs and ensure a seamless transition to the new governance arrangements

Section 4 ______

4.4 FINANCIAL REGULATIONS AND CONTRACT STANDING ORDERS

[See separate document (available from Chief Executive’s office Hoffmanns Way) – dated July 2006]

Section 4 ______

4.5 ALLOWANCES SCHEME FOR MEMBERS OF THE ESSEX POLICE AUTHORITY

Members are only permitted to claim for allowances set out below. Should a Member wish to claim for any expenses outside the scheme, a detailed report justifying the reasons together with the appropriate invoices will be considered. However in such cases the Member is advised to clear such a proposed claim with the Chief Executive before incurring the expense.

The Authority agreed a scheme of allowances for Members which was introduced on 1 January 2002. The current scheme in line with the PSC pay award (2.6%) Member Allowances increased on 1st June 2009 as follows: Annual (£) MontMonthlyhly (£)

Chairman 22,392.00 1,866.00

Vice Chairman 18,171.00 1,514.25

Committee Chairs 15,783.00 1,315.25 Performance & Finance & Audit

All others 11,877.00 989.75

The allowance for the Chairman, Vice Chairman and the Chairmen of the Finance and Audit and the Performance Committee include the basic allowance.

Lay / independent member of Standards Committee £80 for half day £138 for full day

Members of the Selection Panel for the appointment of independent members of the Police Authority £80 for half day £138 for full day

If at any time the Chairman of the Police Authority is of the opinion that a member is not performing his/her commitments in relation to their lead responsibilities , he may request the Authority’s Standards Committee to consider that aspect of the Members’ performance.

If the Standards Committee, having considered the matter, conclude that a Members’ performance is unsatisfactory they may make a recommendation to the Authority to remove the whole or part of that Member’s special responsibility allowance.

The rates are automatically up-dated each June in accordance with the Police Support Staff Council cost of living increases.

Travel and subsistence payments are in addition to the Members Allowances

Carers’/Dependants’ Allowance

Carers’/dependants’ allowance £6.20 per hour (maximum)

• Payment will be claimable in respect of children aged 16 or under and in respect of other dependants where there is medical or social work evidence that care is required.

• The allowance will be paid against actual expenditure evidenced by re- ceipts.

• The allowance will not be payable to a member of the claimant’s household.

(Based on paragraph 95 of the APA Report).

(Amended April 2006) Treasurer to the Police Authority

Members Allowances (Travel and Subsistence)

The following allowances are payable to Members in respect of approved duties such as meetings of committees, groups, panels and other Police Authority related business.

Travel Allowance (Revised with effect from 1 April 2007)

Members may be reimbursed for reasonable and necessary travelling expenses by public transport, including the cost of taxi fares where appropriate, in order to undertake Police Authority business. If travelling by rail, members are entitled to travel first class, but thus is the exception and not the rule. The rates for travel by a member’s own motor car and motor cycle are as follows:-

1. for the use of a motor vehicle of cylinder capacity up to and including 1,100 cc 30.98 pence per mile 2. for the use of a motor vehicle of cylinder capacity of 1,101 cc to 1,400 cc inclusive, 39.90 pence per mile 3. for the use of a motor vehicle of cylinder capacity exceeding 1,401 cc, 50.65 pence per mile

The rates set out above apply to the first 5,000 miles claimed by a member in a financial year. Thereafter a standard rate of 26.13p per mile will be paid.

If a passenger is carried on any journey an additional 1.0p per mile will be paid in respect of each passenger up to a maximum of four.

A Bicycle Allowance was introduced on 12 January 1998 at a rate of 6.9p per mile. Night Subsistence Allowance

The rate of night subsistence allowance payable shall be, in the case of an absence overnight from the usual place of residence:

Absence overnight £79.82 Absence overnight in the Greater London area £91.04

This allowance may not be claimed if accommodation and some meals are provided.

Day Subsistence Members are entitled to an allowance where subsistence is incurred when carrying out an approved duty. When a meal is provided free of charge, subsistence allowance should not be claimed for that meal.

The rate of day subsistence allowance in the case of an absence from the usual place of residence shall be:

More that 4 hours but not more than 8 hours £6.77 More than 8 hours but not more than 12 hours £9.44 More than 12 hours £17.82

(Updated September 2002)

NOTES

Subsistence should not normally be claimed for any meals whilst attending meetings at County Hall. When in exceptional circumstances a claim is made for subsistence any payments will be subject to both tax and national insurance. These claims should be highlighted on the claim form.

Facilities for refreshments are available at County Hall, either in the Members Lounge or the Essex Restaurant. These are provided by the Direct Service Organisation following competitive tendering and are subsidised. As the Authority may not both subsidise and pay subsistence allowances, it has been decided that a free meal should be available to all members when attending meetings at County Hall. Members should not pay for meals in County Hall and subsequently claim a subsistence allowance. The meal prices displayed in the Members’ Lounge are concessionary for visitors but will also apply to members if taking a meal in the lounge when attending County Hall other than for an approved duty.

In order that the reasonableness of payments under the contract with the DSO can be confirmed, a record of members who have a meal is necessary. Members are therefore asked to sign the record book. Having signed, food is available free of charge throughout the duration of their visit to County Hall which recognises, for example, that a member here for meetings both morning and afternoon would otherwise claim at least the minimum subsistence.

Claim Form

Claim form is available from the EPA offices, Hoffmanns Way. Claims received by the 10th of each month will be paid via BACs on the 23rd of each month. The start and finish times which should include travelling time, for each duty must be entered with a description of the duty undertaken. Any claim received after closure will be paid the following month. Completed forms should be sent direct to the Financial Services Department at Police HQ (pre-paid envelopes are available on request).

Members are reminded that any claim for travelling and expenses should be supported by a valid receipt. In addition, where mileage is being claimed a VAT fuel receipt should be submitted with the claim.

On the matter of travel expenses, increasingly members are choosing to adopt the HM Revenue and Customs approved rate currently at 40p/mile, since this greatly simplifies annual tax return calculations.

Contacts (at the Financial Services Department, Essex Police Headquarters)

Tim Gillis, Finance Officer– Direct Line 01245 452658 Email: [email protected] Mick Leafe, Asst. Payroll Manager– Direct Line 01245 452781 Email [email protected] Office Fax No. 01245 452568

Section 4 ______

4.6 PREAMBLE TO THE ESSEX POLICE AUTHORITY REVISED CODE OF CONDUCT FOR MEMBERS

(The Model Code of Conduct – Police Authorities and the Metropolitan Police Authorities) (Adopted by the Essex Police Authority September 2007 – Minute 77/2007)

THE TEN GENERAL PRINCIPLES OF PUBLIC LIFE

Selflessness – members should serve only the public interest and should never improperly confer an advantage or disadvantage on any person.

Honesty and Integrity – members should not place themselves in situations where their honesty and integrity may be questioned, should not behave improperly, and should on all occasions avoid the appearance of such behaviour.

Objectivity – members should make decisions on merit, including when making appointments, awarding contracts, or recommending individuals for rewards or benefits.

Accountability – members should be accountable to the public for their actions and the manner in which they carry out their responsibilities, and should co-operate fully and honestly with any scrutiny appropriate to their particular office.

Openness – members should be as open as possible about their actions and those of their authority, and should be prepared to give reasons for those actions.

Personal Judgement - members may take account of the views of others, including their political groups, but should reach their own conclusions on the issues before them and act in accordance with those conclusions.

Respect for others – members should promote equality by not discriminating unlawfully against any person, and by treating people with respect, regardless of their race, age, religion, gender, sexual orientation or disability. They should respect the impartiality and integrity of the authority’s statutory officers and its other employees.

Duty to uphold the law – members should uphold the law and, on all occasions, act in accordance with the trust that the public is entitled to place in them. Stewardship – members should do whatever they are able to do to ensure that their authorities use their resources prudently, and in accordance with the law.

Leadership – members should promote and support these principles by leadership, and by example, and should act in a way that secures or preserves public confidence.

ESSEX POLICE AUTHORITY THE REVISED CODE OF CONDUCT

Part 1 General provisions

1. Introduction and interpretation

(1) (a) This Code applies to you as a member of an authority.

(b) You should read this Code together with the general principles prescribed by the Secretary of State.

(2) In this Code—"meeting" means any meeting of—

(a) the authority;

(b) any of the authority's sub-committees, joint committees or joint sub-committees

In this Code - "member" includes a co-opted member and an appointed member.

3) In relation to a parish council, references to an authority's monitoring officer and an authority's standards committee shall be read, respectively, as references to the monitoring officer and the standards committee of the district council or unitary county council which has functions in relation to the parish council for which it is responsible under section 55(12) of the Local Government Act 2000.

2. Scope

(1) Subject to sub-paragraphs (2) to (5), you must comply with this Code whenever you—

(a) conduct the business of your authority (which, in this Code, includes the business of the office to which you are elected or appointed); or

(b) act, claim to act or give the impression you are acting as a representative of your authority, and references to your official capacity are construed accordingly.

(2) Subject to sub-paragraphs (3) and (4), this Code does not have effect in relation to your conduct other than where it is in your official capacity.

(3) In addition to having effect in relation to conduct in your official capacity, paragraphs 3(2)(c), 5 and 6(a) also have effect, at any other time, where that conduct constitutes a criminal offence for which you have been convicted.

(4) Conduct to which this Code applies (whether that is conduct in your official capacity or conduct mentioned in sub-paragraph (3)) includes a criminal offence for which you are convicted (including an offence you committed before the date you took office, but for which you are convicted after that date).

(5) Where you act as a representative of your authority—

(a) on another relevant authority, you must, when acting for that other authority, comply with that other authority's code of conduct; or

(b) on any other body, you must, when acting for that other body, comply with your authority's code of conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.

3. General obligations

(1) You must treat others with respect.

(2) You must not— (a) do anything which may cause your authority to breach any of the equality enactments (as defined in section 33 of the Equality Act 2006);

(b) bully any person;

(i) a complainant,

(ii) a witness, or

(iii) involved in the administration of any investigation or proceedings,

in relation to an allegation that a member (including yourself) has failed to comply with his or her authority's code of conduct; or

(d) do anything which compromises or is likely to compromise the impartiality of those who work for, or on behalf of, your authority.

(3) In relation to police authorities and the Metropolitan Police Authority, for the purposes of sub-paragraph (2)(d) those who work for, or on behalf of, an authority are deemed to include a police officer.

(4) In particular you shall not provide or offer to provide a reference for any candidate for appointment or promotion as an officer of your authority or as a Chief Officer of your Force, or as a member of the Authority where you are part of the decision making process.

4. You must not—

(a) disclose information given to you in confidence by anyone, or information acquired by you which you believe, or ought reasonably to be aware, is of a confidential nature, except where—

(i) you have the consent of a person authorised to give it;

(ii) you are required by law to do so;

(iii) the disclosure is made to a third party for the purpose of obtaining professional advice provided that the third party agrees not to disclose the information to any other person; or

(iv) the disclosure is—

(aa) reasonable and in the public interest; and

(bb) made in good faith and in compliance with the reasonable requirements of the authority; or

(b) prevent another person from gaining access to information to which that person is entitled by law.

5. You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute.

6. You—

(a) must not use or attempt to use your position as a member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage; and

(b) must, when using or authorising the use by others of the resources of your authority or of the resources the use of which are controlled or influenced by your authority

(i) act in accordance with your authority's reasonable requirements;

(ii) ensure that such resources are not used improperly for political purposes (including party political purposes).

7. (1) When reaching decisions on any matter you must do so on the merits of the circumstances and have regard to any relevant advice provided to you by your Authority’s officers – in particular by:-

(a) your authority's chief finance officers, particularly where that officer is acting pursuant to his or her statutory duties; or

(b) your authority's monitoring officer, particularly where that officer is acting pursuant to his or her statutory duties.

(c) your authority’s chief legal officer, who should be consulted whenever there is any doubt as to the authority’s powers to act, or as to whether the action proposed lies within the policy framework agreed by the authority, or where the legal consequences or action or failure to act by the authority might have important repercussions.

(2) You must give reasons for all decisions in accordance with any statutory requirements and any reasonable additional requirements imposed by your authority.

Part 2

Interests

8. Personal interests

(1) You have a personal interest in any business of your authority where either—

(a) it relates to or is likely to affect—

(i) any body of which you are a member or in a position of general control or management and to which you are appointed or nominated by your authority;

(ii) any body—

(aa) exercising functions of a public nature;

(bb) directed to charitable purposes; or

(cc) one of whose principal purposes includes the influence of public opinion or policy (including any political party or trade union),

of which you are a member or in a position of general control or management;

(iii) any employment or business carried on by you;

(iv) any person or body who employs or has appointed you;

(v) any person or body, other than a relevant authority, who has made a payment to you in respect of your election or any expenses incurred by you in carrying out your duties;

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(vi) any person or body who has a place of business or land in your authority's area, and in whom you have a beneficial interest in a class of securities of that person or body that exceeds the nominal value of £25,000 or one hundredth of the total issued share capital (whichever is the lower);

(vii) any contract for goods, services or works made between your authority and you or a firm in which you are a partner, a company of which you are a remunerated director, or a person or body of the description specified in paragraph (vi);

(viii) the interests of any person from whom you have received a gift or hospitality with an estimated value of at least £25;

(ix) any land in your authority's area in which you have a beneficial interest;

(x) any land where the landlord is your authority and you are, or a firm in which you are a partner, a company of which you are a remunerated director, or a person or body of the description specified in paragraph (vi) is, the tenant;

(xi) any land in the authority's area for which you have a licence (alone or jointly with others) to occupy for 28 days or longer; or

(b) a decision in relation to that business might reasonably be regarded as affecting your wellbeing or financial position or the well-being or financial position of a relevant person to a greater extent than the majority of—

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(i) (in the case of authorities with electoral divisions or wards) other council tax payers, ratepayers or inhabitants of the electoral division or ward, as the case may be, affected by the decision;

(ii) in the case of the Greater London Authority) other council tax payers, ratepayers or inhabitants of the Assembly constituency affected by the decision; or

(iii) (in all other cases) other council tax payers, ratepayers or inhabitants of your authority's area.

(2) In sub-paragraph (1)(b), a relevant person is—

(a) a member of your family or any person with whom you have a close association; or

(b) any person or body who employs or has appointed such persons, any firm in which they are a partner, or any company of which they are directors;

(c) any person or body in whom such persons have a beneficial interest in a class securities exceeding the nominal value of £25,000; or

(d) any body of a type described in sub-paragraph (1) (a)(i) or (ii).

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9. Disclosure of personal interests

1) Subject to sub-paragraphs (2) to (7), where you have a personal interest in any business of your authority and you attend a meeting of your authority at which the business is considered, you must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.

(2) Where you have a personal interest in any business of your authority which relates to or is likely to affect a person described in paragraph 8 (1) (a) (i) or 8 (1) (a) (ii)( aa), you need only disclose to the meeting the existence and nature of that interest when you address the meeting on that business.

(3) Where you have a personal interest in any business of the authority of the type mentioned in paragraph 8 (1) (a )(viii), you need not disclose the nature or existence of that interest to the meeting if the interest was registered more than three years before the date of the meeting.

(4) Sub-paragraph (1) only applies where you are aware or ought reasonably to be aware of the existence of the personal interest.

(5) Where you have a personal interest but, by virtue of paragraph 14, sensitive information relating to it is not registered in your authority's register of members' interests, you must indicate to the meeting that you have a personal interest, but need not disclose the sensitive information to the meeting.

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10. Prejudicial interest generally

(1) Subject to sub-paragraph (2), where you have a personal interest in any business of your authority you also have a prejudicial interest in that business where the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice your judgement of the public interest.

(2) You do not have a prejudicial interest in any business of the authority where that business—

(a) does not affect your financial position or the financial position of a person or body described in paragraph 8;

(b) does not relate to the determining of any approval, consent, licence, permission or registration in relation to you or any person or body described in paragraph 8; or

(i) statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992, where you are in receipt of, or are entitled to the receipt of, such pay;

(ii) an allowance, payment or indemnity given to members;

(iii) any ceremonial honour given to members; and

(iv) setting council tax or a precept under the Local Government Finance Act 1992.

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11. Effect of prejudicial interests on participation

(1) Subject to sub-paragraph (2), where you have a prejudicial interest in any business of your authority—

(a) you must withdraw from the room or chamber where a meeting considering the business is being held—

(i) in a case where sub-paragraph (2) applies, immediately after making representations, answering questions or giving evidence;

(ii) in any other case, whenever it becomes apparent that the business is being considered at that meeting;

unless you have obtained a dispensation from your authority's standards committee and

(b) you must not seek improperly to influence a decision about that business.

(2) Where you have a prejudicial interest in any business of your authority, you may attend a meeting but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise.

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Part 3

12. Registration of Members' Interests

(1) Subject to paragraph 14, you must, within 28 days of—

(a) this Code being adopted by or applied to your authority; or

(b) your election or appointment to office (where that is later),

register in your authority's register of members' interests (maintained under section 81(1) of the Local Government Act 2000) details of your personal interests where they fall within a category mentioned in paragraph 8(1) (a), by providing written notification to your authority's monitoring officer.

(2) Subject to paragraph 14, you must, within 28 days of becoming aware of any new personal interest or change to any personal interest registered under paragraph (1), register details of that new personal interest or change by providing written notification to your authority's monitoring officer.

13. Sensitive information

(1) Where you consider that the information relating to any of your personal interests is sensitive information, and your authority's monitoring officer agrees, you need not include that information when registering that interest, or, as the case may be, a change to that interest under paragraph 13.

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(2) You must, within 28 days of becoming aware of any change of circumstances which means that information excluded under paragraph (1) is longer sensitive information, notify your authority's monitoring officer asking that the information be included in your authority's register of members'

(3) In this Code, "sensitive information" means information whose availability for inspection by the public creates, or is likely to create, a serious risk that you or a person who lives with you may be subjected to violence or I intimidation.

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108 Section 5 ______5.1 CONTACT DETAILS POLICE PUBLIC USE POLICE HEADQUARTERS 101 (within Essex only) or 0300 333 4444

All District Commanders and Neighbourhood Policing Teams contact details can be found at www.essex.police.uk/myneighbourhood. Please use the interactive map of Essex which will direct you to your district. You can also enter you post code to find out your neighbourhood information.

By using the interactive map of Essex you will also be able to find details of your nearest police station, including contact details, opening hours and accessibility features.

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110 Section 6 ______6.1 ESSEX POLICE AUTHORITY: INDEPENDENT CUSTODY VISITING SCHEME

6.1.1 STRATEGY PLAN 2010/11

OUR MISSION

To deliver an effective and efficient Independent Custody Visiting Scheme.

STATEMENT OF PURPOSE • The Essex Independent Custody Visiting Scheme is a Police Authority Group of Community Volunteers appointed to check on the treatment of detainees and the conditions in which they are held, and that their rights and entitlements are being observed.

• To provide an independent assessment of the welfare of detainees and the conditions in which they are held ,which offers protection to both detainees and the police and reassurance to the community at large.

• To promote and protect Human Rights within the Criminal Justice System.

SCHEME AIMS • To recruit, select and appoint volunteer members of the community to act as Independent Custody Visitors, paying due regard to duties around equality and diversity.

• To ensure appropriate training provision (to include equality, diversity and human rights) for Independent Custody Visitors.

• To ensure appropriate management support for Independent Custody Visitors.

• To visit custody suites in accordance with the Scheme guidelines and training.

• To properly complete the Independent Custody Visitor Report Form (A.63) on the findings of these visits and ensure distribution in accordance with the Scheme guidelines.

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Cont./ • To meet regularly with the police and discuss findings of the Independent Custody Visitors and other issues arising through operation of the scheme.

• To report to the Essex Police Authority as appropriate on the activity of the Independent Custody Scheme.

• To ensure that Independent Custody Visitors have the opportunity to meet together to discuss their work and promote best practice.

• To ensure that the Police Authority is compliant with the Police Reform Act 2002 in the running of the Independent Custody Visiting Scheme.

OUR VALUES In seeking to achieve our aims the Essex Independent Custody Visiting Scheme will abide by a number of core values. These are:-

• To be customer focused and put people at the heart of what the Scheme does and to value their views.

• To treat all individuals with respect and dignity and valuing differences

• To ensure that people are properly trained and developed and where appropriate recognise their achievements

• To work in partnership with others to improve the work of the Scheme and the way in which it achieves its aims.

• To be fair and strive to work ethically at all times.

• To be accountable to all stakeholders and strive for excellence in management practice and operation of the Scheme.

Independent Custody Visiting Scheme Review Group

The Essex Police Authority has strategic responsibility for the administration of the Scheme. In order to carry out this function the Authority has established a Review Group comprising three members including a Lead Member.

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THE TERMS OF REFERENCE (REVIEW GROUP)

• To maintain, and keep under review, an effective Independent Custody Visiting Scheme.

• To recruit, select and appoint Independent Custody Visitors, and to terminate, where appropriate, an Independent Custody Visitor’s appointment.

• To appoint the Local Group Co-ordinators to the Scheme, and to agree any honorarium to be paid.

• To determine any complaints against Independent Custody Visitors received from detainees, police personnel or others.

• To determine any complaints received from Independent Custody Visitors about any aspects of their work.

Scheme Administration

Overall responsibility for the central administration of the Scheme is held by the Independent Custody Visitor Scheme Central Administrator in the Chief Executive to the Police Authority’s office.

Under the Scheme there are two groups of custody suites divided into a South Group and a North Group. Each Group has a Local Group Co-ordinator to facilitate the working arrangements of the Independent Custody Visitors.

Independent Custody Visiting Scheme Policy and Guidelines

The Essex Independent Custody Visiting Scheme is based on the Home Office Code of Practice on Independent Custody Visiting issued under Section 51(6) of the Police Reform Act 2002. The Policy and Guidelines are as follows:-

• Independent Custody Visiting Scheme Practice Guidelines. • Job Description for Independent Custody Visitor • Person Specification for Independent Custody Visitor • Role of the Local Group Co-ordinator • Independent Custody Visiting Local Groups • Independent Custody Visiting Working Arrangements

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Action Plan for 2009/10

• To develop and deliver relevant training for ICVs, including diversity training and incorporating the new ICVA training material and DVD

• To recruit additional ICVs to maintain a target level of 30 volunteers representative of the community

• To assist in developing the new regional ICVA dimension

• To embed the new Home Office Code of Practice issues in April 2010

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6.1.2 ESSEX POLICE AUTHORITY: INDEPENDENT CUSTODY VISITING SCHEME

1. Introduction This code of practice on independent custody visiting is issued in accordance with section 51 (6) of the Police Reform Act 2002. Police services, police authorities and independent custody visitors shall have regard to the Code in carrying out their relevant functions.

The Essex Police Authority Independent Custody Visiting Scheme (hereafter referred to as ‘the scheme’) is a scheme where appointed volunteers from the public visit police stations to check on the treatment of detainees and the conditions in which they are held, that their rights and entitlements are being observed and their detention is compliant with the relevant safer detention guidelines. It offers protection and confidentiality to both detainees and the police and reassurance to the community at large.

The new scheme introduced by the Police Authority on 1 April 2003 (last revised April 2010), replaces the former Custody Visiting Scheme (previously known as the Lay Visiting Scheme) and is based on the Home Office Code of Practice on Independent Custody Visiting published pursuant to Section 51(6) of the Police Reform Act 2002. Police services, police authorities and independent custody visitors shall have regard to the code in carrying out their relevant functions.

The scheme is supported by more detailed national standards that expand the relevant procedures and set out established good practice. The national standards should be read in conjunction with this document.

2. Organisation and Infrastructure Section 51 (1) of the Police Reform Act 2002 places the responsibility for organising and overseeing the delivery of independent custody visiting with police authorities, in consultation with Chief Officers. Police authorities must therefore ensure that they have in place robust and effective procedures for establishing and maintaining their independent custody visiting schemes, including the allocation of appropriate resource to this function.

The responsibility for organising and overseeing the delivery of the scheme lies with the police authority, in consultation with chief officers. The authority will ensure that appropriate resources are provided for the scheme.

Overall responsibility for the central administration of the scheme is held by the scheme’s central administrator in the Chief Executive to the Police Authority's office.

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Under the police authority's scheme there are two groups of police stations that require visiting (see paragraph 10 below) and Independent Custody Visi- tors (hereafter referred to as ‘visitors’) are appointed to a particular group. Each group has its own local co ordinator who in turn is supported by the central administrator.

3. Recruitment

Essex Police Authority is responsible for recruiting, selecting and appointing visitors and this responsibility is delegated to the authority's visitor review group of members in liaison with the central administrator. No person will be appointed as an independent custody visitor without an interview taking place. The selection panel must record the reasons for appointment or non- appointment.

Recruitment is based on clear role descriptions and person specifications (see Annex A). It is open, non-discriminatory and well publicised with selection made on the basis of a standard application form and interview. All appointments are made on merit and regard is paid to ensure that overall, the visitors are representative of the local community and provide a suitable bal- ance in terms of age, gender and ethnicity. Visitors must be over 18 years of age and resident in the UK for at least 2 years prior to application, living or working within the police authority boundary.

The authority seeks to ensure that all its visitors are persons whom the public would perceive to be “independent”. They will also take care to avoid the appointment of a visitor where there could be a conflict of interest. For example, police officers, police or police authority staff, special constables, justices of the peace and members of the police authority would all be considered un- suitable. Visitors should be able to make informed judgements and unbiased observations in which the community will have confidence and the police will accept as fair criticism when justified.

Reasonable adjustments will be made to accommodate suitable candidates who have a disability as defined by the Equality Act 2010 including those who do not have English as their first language, but who are able to communicate effectively so as to be understood.

Two references are requested from applicants and a police security check is carried out on any applicant before appointments are confirmed.

Where an applicant has convictions for criminal offences or has received a formal caution, warning, or reprimand, or has failed to disclose such a finding,

116 the specific circumstances must be considered when assessing the suitability of the applicant to become a visitor. A previous conviction is not a bar to appointment and although the police authority is responsible for the appointment of visitors, the chief constable should provide advice on the suitability of an applicant. The police authority should be informed by the chief constable of the reasons for recommending that an applicant should not be appointed.

4. Conditions of Service

The police authority provides each visitor with a written memoran- dum of understanding summarising the agreed responsibilities and legitimate expectations of both parties. The police authority provides visitors with an identity pass as their authority to visit any police station in the force area holding detainees on a regular or temporary basis.

Appointments are made by the Essex Police Authority's Custody Vis- iting Review Group and will, subject to a satisfactory review after the first six months probationary period, be for a period of three years with the option of reappointment for a further period at the discretion of the review group. At the successful conclusion of the probationary period full independent custody visitor status will be granted. Full re- assessments of suitability must take place at regular intervals not more than 3 years apart. The key factors for renewing a visitor’s appointment for further periods will be their continuing ability and will- ingness to do the job effectively.

The review group, in consultation with the central administrator, also has power to terminate a visitor’s appointment due to misconduct or poor performance. For example, where the visitor abuses their position whilst visiting, does not comply with the requirement to keep any acquired information confidential, or fails to meet the appropriate criteria (see Annex E which sets out the approved policy).

A visitor has the right to appeal against termination of their appointment and the procedure is set out in Annex E.

5. Any complaints against independent custody visitors by detainees, police personnel or others will be handled in accordance with the approved procedure set out in Annex E.

Complaints by visitors against detainees or police officers will be made at the time to the custody officer with regard to the detainees and to the custody officer or duty officer as appropriate, with regard to police officers. Any complaint will be recorded by the independent custody visitor on the visiting form. 117

6. Payment

Visitors are appointed on a voluntary basis and as such there is no facility for financial remuneration. However, all reasonable expenses incurred on custody visitor business will be reimbursed by the authority.

7. Local Group Co-ordinators

Attached at Annex B is a document entitled the "Role of the Local Group Co-ordinator", as agreed by the police authority. The local group co- ordinators are appointed by the review group and may receive an honorarium, paid in arrears, to reflect their increased responsibilities in helping to administer the scheme.

8. Insurance

The police authority has arranged insurance to protect its visitors while carrying out their duties in respect of any legal liability for injury or damage to property. Visitors are expected to make their own arrangements with their vehicle insurers to ensure they are appropriately covered for volunteer work

9. Training

Custody visitors need to have sound knowledge and understanding of detainees' rights and police responsibilities. Information and training in this area is provided by the police authority in consultation with the chief constable and the local independent custody visiting community. The police authority is also a member of the National Independent Custody Visiting Asso- ciation and therefore has access to their facilities. The police authority will continually evaluate the effectiveness of the training and the extent to which it is achieving its objectives.

10. Frequency and Coverage of Visits

Essex Police Authority has divided their visitors into two local groups for the purposes of custody visiting. Annex C identifies the two groups and their areas of responsibility.

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The authority will consult with the chief constable regarding the frequency with which visits should be carried out. Visits must be sufficiently regular to support the effectiveness of the system but not so frequent as to unrea- sonably interfere with the work of the police. The frequency of visits is monitored against expectations and reported to the police authority at regular intervals. The current visiting expectation is shown in Annex C.

Visits must be undertaken by pairs of visitors working together. Visits may not be undertaken by a single visitor in any circumstances. To be effective and uphold the integrity of the scheme, they must be unannounced and must not develop a regular pattern.

11. Working Arrangements

It must be acknowledged that for the scheme to be effective, it is essential that visitors and police staff develop and maintain professional working relationships based on mutual respect and understanding of each other's legitimate roles at the end of each visit.

Annex D refers to the visiting procedures at stations.

12. Feedback on Visits

The local group co-ordinator is responsible for drawing together issues and identifying trends emerging from visits in their area and addressing these with relevant police supervisors, with whom there should be regular formal meetings.

The central administrator has the facility to raise concerns and issues with a designated senior officer who should be of assistant chief constable rank, with force-wide responsibilities. The central administrator also produces regular reports for the police authority summarising the output from independent custody visiting and the way in which concerns have or have not been addressed. These reports will form the basis of an annual report on the scheme submitted to the police authority and will be re- flected in the police authority’s own annual report.

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13. Liaison Meetings

The police authority will ensure that visitors have the opportunity to meet together to discuss their work. Visitors will meet at least once every six months either collectively or as individual groups. Group co- ordinators will meet with the scheme’s central administrator at least twice yearly. The police authority review group will hold an annual meeting of all visitors under the chairmanship of the scheme’s central administrator.

14. Reviewing Performance

The police authority will assess how effectively the scheme’s arrangements are working. Key aspects of that process are reviewing the quality of reports, the frequency with which visits take place and the number of occasions on which detainees refuse to speak to visitors. Any major revisions to the scheme will be agreed with the authority’s review group and reported to the police authority.

ANNEX A (Para 3) INDEPENDENT ROLE DESCRIPTION 1. To arrange custody visits with fellow custody visitors, in line with agreed rosters.

2. To keep the local co-ordinator and fellow custody visitors informed of any problems with rostered custody visits.

3. To carry out custody visits to designated police stations in line with the scheme guidelines and training.

4. To check on the detainees, their health and wellbeing, their legal rights and entitlements, with reference to the Police and Criminal Evidence Act 1984, (PACE), Code C and compliance with the relevant safer detention guidelines and confirming whether conditions of detention are adequate.

5. Where appropriate consult the detainee's custody record to clarify and check any concerns raised by the detainee.

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6. To discuss with the custody officer any concerns and requests arising from the custody visit and bring to the custody officer's attention any issue that needs to be dealt with.

7. To complete the Independent Custody Visitor Report Form, ensuring that all relevant information is recorded correctly, clearly and concisely.

8. To distribute copies of the Independent Custody Visitor Report Form to the appropriate people and leave the police station.

9. To complete and submit expense claims in line with the scheme guidelines.

10. To attend continuous training sessions as appropriate (minimum of one each year).

11. To attend as appropriate local group meetings of Independent Cus- tody Visitors.

12. To carry out the duties of an Independent Custody Visitor with regard to the Health and Safety requirements of the Custody Visiting Scheme.

13. To carry out the duties of an Independent Custody Visitor as set out in scheme's guidelines. 142

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INDEPENDENT CUSTODY VISITOR PERSON SPECIFICATION

Essential Criteria Measure By 1. Must be at least 18 years of age A

2. Must live (or work) in the police authority area A

3 To demonstrate sufficient time and flexibility to carry out the role of custody visiting I

4. To work with colleagues as part of a team to meet the police authority's visiting programme I

5. To be able to communicate well both orally and in writing A/I

6. To be able to communicate effectively with people from a variety of backgrounds in line with equal opportunities I

7. To demonstrate an independent and impartial view in relation to all parties involved in the custody visiting process I

8. To be able to maintain confidentiality I

Desirable Criteria Measure By

1. Some knowledge of independent custody visiting I

2. To demonstrate an ability to complete forms clearly and concisely A/T

3. To demonstrate mobility in relation to undertaking visits I

A Application I Interview T Training

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ANNEX B (Para.7)

INDEPENDENT CUSTODY VISITING ROLE OF THE LOCAL GROUP CO-ORDINATOR

1. To arrange group meetings in line with scheme guidelines.

2. To keep a record of group discussions and communicate to all the group as necessary.

3. To devise in association with the scheme administrator a mutually agreed roster for custody visiting.

4. To bring to the attention of the scheme administrator any problems arising from the roster, including missed custody visits.

5. To discuss as necessary any issues arising from custody visits with the appropriate officer.

6. To bring to the attention of the scheme administrator issues arising from the meetings or the custody visitor reports.

7. To oversee the work of the custody visiting group and ensure its smooth running.

8. To identify any training needs arising and bring these to the attention of the scheme administrator.

9. To make introductory visits as appropriate for recruitment or training purposes.

11. To attend as necessary co-ordinator meetings.

The Co-ordinator will be provided with support from the Police Authority.

ICVA

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ANNEX C (Para 10)

INDEPENDENT CUSTODY VISITING Local Groups

GROUP 1 (SOUTH) GROUP 2 (NORTH)

The Local Group Co-ordinator The Local Group Co-ordinator plus circa 16 visitors plus circa 12 visitors

PACE DESIGNATED STATIONS PACE DESIGNATED STATIONS

SOUTHEND CLACTON RAYLEIGH COLCHESTER BASILDON BRAINTREE GRAYS CHELMSFORD HARLOW SOUTH WOODHAM FERRERS LOUGHTON * STANSTED BRENTWOOD

CUSTODY SUITES TO BE VISITED UP TO TWICE PER MONTH *CUSTODY SUITE TO BE VISITED ONCE A MONTH

NOTE 1

South Woodham Ferrers was formally a non-PACE designated station. At the ICV Review Group meeting on 24 May 2011 the police disclosed that it was now almost permanently PACE designated. Consequently it will now attract two visits per month.

Whereas infrequent visits were formally made to non-PACE designated stations, it was agreed at the ICV Review Group Meeting held on 24 May 2011 to recommend that these visits cease. The likelihood of detainees being taken to such locations was remote and having regard to current budget constraints it was agreed to suspend visits to these locations.

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CONTACTS

Central Scheme Administrator Graham Furnival, EPA Chief Executive’s Office, Hoffmanns Way

Committee Administrator Claire Morrison, EPA Chief Executive’s Office, Hoffmanns Way

Local Group Co-ordinators (2)

South Group and North Group Details available in Section 3 of the Handbook

EPA Members S Nicholas; A Williams

Lead Member S Nicholas

125 ANNEX D (Para. 11) INDEPENDENT CUSTODY VISITING WORKING ARRANGEMENTS

Conducting Visits

1. Visits must be undertaken by pairs of independent custody visitors working together. Visits may not be undertaken by a single visitor under any circumstances. Visits must be unannounced and must not develop a regular pattern.

Visiting procedures at stations

2. Visitors must be immediately admitted to the custody area. Delay is only permitted when immediate access may place the visitors in danger. A full explanation must be given to the visitors as to why access is being delayed and that explanation must be recorded by the visitors in their report.

3. Visitors must have access to all parts of the custody area and to associated facilities such as food preparation areas, relevant storage areas and medical rooms. Custody visitors will be permitted access to CCTV cameras to ensure that they are operational. However, it is not part of their role to attend police interviews with detainees.

4. Police staff must be alert to any specific health or safety risks visitors might face and must advise them appropriately at the commencement of the visit. Visitors must also be alert to any actual or potential risks.

5. The custody officer or a member of custody staff must accompany visitors during visits (see 12 below).

Access to detainees

6. Subject to the exceptions referred to in 9 below, visitors must be allowed access to any person detained at the police station. However, detainees may only be spoken to with their consent and the escorting officer is responsible for establishing whether they wish to speak to the visitors. This may be either by self-introduction by the visitor in the presence of the escorting officer, or by the escorting officer.

7. Persons detained by non-Home Office police forces such as the British Transport Police are not covered by these arrangements. However, they may be visited with the consent of the force concerned and the spirit of these guidelines should be applied to any such visits. 126

8. Juveniles may be spoken to with their own consent.

9. If a detainee is not in a position to give consent, the escorting officer must allow the visit unless any of the exceptions set out in 12 below apply.

10. Sleeping detainees can be woken at the discretion of the escorting officer to seek consent to a visit. However, where this would involve interrupting the continuous period of eight hours rest provided for under PACE, the normal procedure should be not to wake the person but to observe through the cell hatch.

11. Police interviews with detainees should not be interrupted to facilitate visits. However, independent custody visitors may await the completion of the interview if they wish to see the person concerned.

12. The custody officer may limit or deny visitors’ access to a specific detainee if authorised by an officer of or above the rank of inspector and where either:

• after a thorough risk assessment has been carried out the officerreasonably believes that to be necessary for the visitors’ safety, or • if the officer reasonably believes that such access could interfere with process of justice.

13. There should be no presumption that access should be denied to any particular category of detainee or because a decision has been made that a person should be held incommunicado.

14. Where any of the circumstances referred to in paragraph 12 above apply consideration should be given to allowing the visitors some limited form of access to the detainee, such as speaking to them through the cell hatch.

15. Any decision to deny or limit access must be recorded in the detainee’s custody record (together with the relevant authorisation) and by the visitors in their report of the visit.

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Discussion with detainees

16. Discussions between detainees and visitors must normally take place in sight but out of the hearing of the escorting officer where that is practical.

17. Discussions must focus on checking whether detainees have been offered their rights and entitlements under PACE, on their health and wellbeing and ensuring the relevant safer detention guidelines are being complied with.

18. Visitors must remain impartial and must not seek to involve themselves in any way in the process of investigation. If a detainee seeks to make admissions or otherwise discuss an alleged offence, the visitor must tell them that the relevant contents of the visit will be made known to the custody officer and may be disclosed in legal proceedings.

19. If a visitor realises they know or are known by a detainee, they must declare this and consider whether to withdraw from the visit.

20. Visitors must not pass messages to or from detainees or offer to perform other tasks on their behalf. If they are asked to do so they must immediately inform the custody officer and record it on the custody visiting form.

21. If a detainee indicates they may harm themselves or any other person, this must immediately be brought to the attention of custody staff.

22. Subject to obtaining the detainee’s consent to examine their custody record, the visitors should check its contents against what they have been told by the detainee. Visitors may also have access to other relevant documentation that relates to a detainee e.g. risk assessment. Access to all such information must be treated as confidential. But see paragraph 23 below.

23. If a detainee is for any reason incapable of deciding whether to allow access to their custody record, the presumption must be in favour of allowing the visitors to examine it.

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Medical issues

24. Independent custody visitors have no right to see the detainee’s medical records, even where these are attached to the custody record. However, key points relevant to medical treatment should be recorded in the custody record itself.

Dealing with issues and complaints

25. Where a detainee makes a complaint or raises an issue about their general treatment or conditions, visitors must subject to the detainee’s consent, take this up as soon as possible with police staff in order to seek a resolution. The same applies to similar issues identified by visitors in the course of their attendance.

26. If a detainee makes a complaint of misconduct by a specific police officer, they must be advised to address it to the duty officer in charge of the police station.

Effective working relationships

27. For the scheme to be effective, it is essential that visitors and police staff develop and maintain professional and working relationships based on mutual respect and understanding of each others legitimate roles.

Reporting on a visit

28. At the end of each visit, and while they are still at the police station, visitors must complete a report of their findings to include conditions and facilities, rights and entitlements and health and well being, using the standard report form. One copy of the report must remain at the station for the attention of the officer-in-charge. Copies go to Police Headquarters (Force Custody Manager) and to the Divisional Police Commander. Also, a copy of the completed form must be sent by the visitors to the local group co-ordinator.

29. Report forms must include an undertaking not to reveal the names of persons visited or other confidential information obtained in the course of a visit.

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High Security Visits

30. Special arrangements exist in respect of visits to detainees requiring higher levels of security and restricted access whilst in custody. These will apply where there is a likelihood of the detention period exceeding forty eight hours. Arrangements will be made via the Force Custody Manager. Visitors undertaking these visits will be subject to increased vetting procedures, a policy approved at the ICV Review Group Meeting on 22 May 2007.

Special Visits

31. There may be occasions when a special visit is justified in agreement with the police. For example, when there is particular tension with the local community about the treatment or well-being of someone in detention. Local groups should be ready to consider and respond to such requests from the police.

32. Where there has been a death in police custody, the police authority must be informed as soon as possible. Consideration will then need to be given to whether a visit would be helpful in terms of informing and reassuring the local community. If it is agreed that a visit should be made, it should be on the basis of a clear understanding as to how that feedback to the community will be achieved. Any visit following a death in police custody or some other major incident should not be allowed to interfere with any relevant investigation that may be taking place. There may be circumstances in which the senior investigating officer dealing with such an incident needs to refuse or restrict access to particular areas.

Other Possible Roles for Visitors

33. Independent Custody Visitors may also act as appropriate adults. However, individuals must not switch between those roles during the course of a visit to the same police station and must declare if they have previously carried out either role with the same detainee.

34. Visitors may also act as lay observers appointed under the Criminal Justice Act 1991 to inspect the conditions under which prisoners are transported and held

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APPENDIX E ( Para 4 & 5) INDEPENDENT CUSTODY VISITING SCHEME Policy for termination of appointment, misconduct and appeal procedure (Approved May 2011)

1. Termination of appointment of Independent Custody Visitors (ICV)

Although the work is entirely voluntary, the police authority has the right Al- though the work is entirely voluntary, the police authority has the right to terminate the appointment of any independent custody visitor whose conduct is not felt to be of the required standard. In the event of misconduct the police authority will consider whether it is appropriate to terminate the appointment of the relevant visitor. Misconduct will encompass matters such as misuse of the identity card, conviction of a criminal offence, abusing ones position as a visitor, for example, by flouting the Essex Police Authority guidelines and Codes of Practice covering the conduct of visitors during visits.

Visitors must notify the police authority if they are arrested, cautioned, charged or summonsed with a criminal offence, or involved in a crime or incident solved by way of neighbourhood resolution. In the case of any offences committed within the Essex Police area, Essex Police will upon request, notify details of the offence to the scheme administrator. In such circumstances, the police authority will suspend the appointment of that visitor until the outcome of any criminal proceedings is known. If the visitor is subsequently found to be not guilty, they may be reinstated. In other cases the police authority will review the appointment of the visitor with regard to the nature of the offence.

Where a visitor:

• has not made any visits within a six month period, or • fails to meet their rostered custody visits during the year, or • fails to attend either a training session, group meeting, or the annual visitors’ meeting in a twelve month period, and no good reason for this has been notified to the scheme administrator or group co-ordinator, the scheme administrator may notify the individual in writing that their appointment is to be referred to the police authority visitor review group for consideration.

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2. Complaints of misconduct by an Independent Custody Visitor

The co-ordinator will inform the scheme administrator of all complaints or issues of concern regarding a visitor. The scheme administrator will after consideration and discussion with the co-ordinator decide if the complaint should be dealt with locally by the co-ordinator. In these cases the co-ordinator will arrange to discuss the complaint or issue with the individual concerned. The scheme administrator will be informed by the co-ordinator of the outcome of these discussions.

If a visitor is unhappy with the outcome of the discussion with the co-ordinator they must contact the scheme administrator who will decide how best to deal with the situation.

The scheme administrator will inform the co-ordinator, where appropriate, of any complaints or issues of concern regarding a visitor in their group.

Complaints of a more serious nature or repeated complaints must be made in writing to the chief executive of the police authority. The chief executive will decide how best to deal with these complaints.

Where the scheme administrator receives a written complaint of misconduct, the visitors appointment will be suspended until such time as the complaint is resolved.

Should it be considered appropriate to refer the individuals appointment to the police authority for consideration, the visitor will be notified in writing.

3. Referral of Appointments to the Police Authority

When appointments are referred to the police authority visitor review group for consideration, the individual visitor will be informed of the date and venue of the referral and invited to submit either a written statement, or to attend the section of the police authority meeting at which their appointment is to be considered. A visitor may if preferred have a representative attend on their behalf. In this case the individual visitor must inform the scheme administrator of the name of the person attending on their behalf.

The decision of the police authority will be notified to the visitor in writing within seven days of the meeting. If appropriate the suspension of their appointment will be cancelled.

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In certain circumstances it may be necessary for the chairman or vice- chairman of the police authority to identify a minimum of three police authority members who have taken no part in the referral discussions or been present when these considerations took place, to consider the visitor’s appointment referral in the event of an appeal.

4. Appeal Process

Where a visitors’ appointment is terminated, the individual will have the right to appeal. The intention to appeal must be notified to the scheme administrator in writing, within 21 days following the notification of termination of appointment.

The appeal panel will consist of those members of the police authority not involved in the referral process and an officer of the authority, nominated by the chief executive.

The appeal panel will meet to consider the termination of appointment within 30 days following the notification of appeal. The visitor will be notified in writing of the date and venue of the appeal, not less than seven working days prior to the appeal, and will be invited to submit a written statement or attend the appeal in person. A visitor may if preferred have a representative attend the appeal on their behalf. In this case the visitor must inform the scheme administrator of the name of their representative at least seven days prior to the appeal.

The decision of the appeal panel will be notified in writing to the visitor within seven working days of the appeal hearing.

The decision of the appeal panel will be final. The police authority will enter into no further discussions or correspondence concerning the termination of appointment.

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Section 6 ______6.2 ESSEX POLICE AUTHORITY – ANIMAL WELFARE LAY VISITING SCHEME

The Dog Unit Lay Visiting Scheme was established by the EPA in October 1999 and comprised a Lay Visiting Panel of Members and non-Members of the Police Authority including a Vet., a representative of the RSPCA, the Unit HQ landowner, the Parish Council, a Dog Trainer/Behaviour Counsellor and former Members of the EPA.

The Scheme was to offers protection for police dogs and the police and gives reassurance to the public

Since then Essex Police re-introduced the Mounted Unit on 2 June 2008. Members of the Authority agreed to rename the EPA Dog Lay Visiting Scheme as the Animal Welfare Lay Visiting Scheme/ Panel so that it included the new responsibility.

The make-up of the scheme has evolved over time and now includes and RSPCA Chief Inspector, Parish Councillor, the landowner for the Dog HQ at Sandon, and two members of the community, one of whom has a specific responsibility to visit the Mounted Unit at Writtle. In addition, four Members of the Authority complete the Panel.

There are eight Essex Police Dog Units and one Mounted Unit and Lay Visitors are allocated a Unit to visit at least once every six months. They may also visit other Units. A standard report form is complete following each visit. A copy is sent to the commanding officer at police headquarters and to the Scheme Administrator in the EPA Chief Executive’s office. All visits made and comments recorded are listed on a schedule which is circulated the Panel Members.

Members of the public are appointed on a voluntary basis and as such there is no facility for financial remuneration . However reasonable expenses incurred on lay visiting matters are reimbursed by the police authority.

Appointments are nationally for a three year period and are ex- tended by agreement. All appointments are subject to a security check.

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Authority Members Mrs L Belgrove,; Mrs M D Fisher, Vacancy J Schofield

Lead Member: J Schofield & Mrs L Belgrove

Mounted Unit and Dog Lay Visitors

Details available in section 3 of the handbook.

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Section 7 ______

7.1 ANTI - DISCRIMINATION STATEMENT

ESSEX POLICE AUTHORITY MEMBERS AND STAFF

1. The Essex Police Authority undertakes to conduct itself in a manner that is respectful to others, sensitive to diversity issues and accords with the highest professional standards.

2. The Authority will be responsible for monitoring the conduct of its members and officers and expects them to be responsive to feedback given by others.

3. The Authority acknowledges and values the efforts being made by Essex Police to create a climate of trust both internally and externally and would wish to be perceived as ambassadors of best practice.

Adopted by Police Authority (Minute 35/March 2000)

______

7.2 ATTESTATION CEREMONIES & PASSING OUT PARADES

The attestation ceremony takes place after training. It is attended by the Chief Constable and a Magistrate. Police Officers, Special Constables, are required to swear the oath to the Queen, accepting the responsibilities of a police officer.

Passing out Parades in week 32 at the time when most of the student officers in the Force have achieved what is called ‘independent patrol’ i.e. they have developed to a stage where they can patrol without the supervision of a tutor constable. This is milestone in their careers and is a good opportunity to have a cele- bration to which they can look forward and to which we can invite their family and friends to share.

Members of the Authority attend and say a few words on behalf of the

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Section 7 ______

7.3 PUBLIC QUESTION TIME

On 2 December 2002 the Essex Police Authority agreed to provide an opportunity for members of the public to put questions at meetings of the Po- lice Authority. There are five programmed meetings per year mostly held at County Hall, Chelmsford.

Under the arrangement any person can put a question to the Chairman of the Police Authority at a full authority meeting.

Essex Police Authority meetings are open to the public and the public are wel- come to attend to put a question to the Chairman.

If a Member of the public wishes to ask a question they are required to inform a member of police authority staff at the meeting. They will ensure that the correct procedure is followed.

There will be an opportunity to ask a question early in the meeting and a mi- crophone will be available if needed. The Chairman will answer the question in person, or refer it to someone else to be answered. If time permits, supple- mentary questions may be possible.

The question and the answer given will be recorded in the minutes of the meeting and a copy will be sent to the questioner.

Questions should be of a strategic nature about the police service generally— we cannot answer questions about specific cases or officers. The public are asked to refer local issues to the divisional commander for their area, or to local Neighbourhood Action Panel.

If a member of the public is unable to attend a meeting to put a question in person, or would like further information about Essex Police Authority, then please contact the Chief Executive’s Office at 3 Hoffmanns Way, Chelmsford (Tel.01245 291600), email [email protected] or visit the website www.essex.police.uk/authority

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Notes

Local police authorities along with the Home Secretary and Chief Constables make up the tripartite relationship for the governance of police in England and Wales. There are 43 Police Authorities in England and Wales. They are independent bodies. Their fundamental statutory duty is to secure the maintenance of an efficient and effective police force in their area. They do this by consulting the local community on their policing needs, holding the police Force budget and publishing an annual policing plan setting out the policing service to be provided in the year ahead with targets for achievement. It is the Police Authority which appoints the Chief Constable and holds him/her to account on behalf of the local community for the policing service which is delivered. Police authorities are also responsible for securing best value in local policing services and contributing to the work of local crime and disorder reduction partnerships.

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7.4 ESSEX POLICE AUTHORITY FREEDOM OF INFORMATION PUBLICATION SCHEME

The Freedom of Information Act 2000

The Freedom of Information Act (FOI) 2000 received Royal Assent on 30 November 2000. It gives a general right of access to all types of recorded information held by public authorities, sets out exemptions from that right and places a number of obligations on public authorities. A ‘public authority’ is defined in the Act, and includes but is not restricted to central and local government, non-departmental public bodies, the police, the health service and schools, colleges and universities. Any person who makes a request to a public authority for information must be informed whether the public authority holds that information and, subject to exemptions, supplied with that information.

Your Rights and Our Responsibilities from June 2003

Under the FOI Act 2000 all public authorities, including Essex Police Authority must have a Publication Scheme setting out the information we routinely make publicly available (See Page 11 for general information about the Essex Police Authority). Essex Police Authority Publication Scheme had to be approved by the Information Commissioner and we are required to review the scheme from time to time. In adopting (or reviewing) our Publication Scheme, we are required to have regard to the public interest in:

• allowing public access to information we hold; and • to the publication of reasons for the decisions we make.

Our publication must: • set out the classes of information which we publish or intend to publish; • say how we will publish the information in each class; and • say if we will provide the information free or charge for it.

The purpose of our Publication Scheme is to let you know what information is “readily available” from us without your needing to ask us for it. By readily available we mean that the information is available on our website; can be obtained from us if you request it by letter, e-mail or telephone call, can be purchased from us or can be found in a local library.

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Part two of our Publication Scheme sets out the classes or types of information we publish or intend to publish. Part three, sets out the list of publications and supports the Publication Scheme. It lists specific publications we make available, how they can be obtained and whether they are free or if we will ask you to pay a charge.

Yours rights and our responsibilities from 1 January 2005

The Freedom of Information (FOI) Act 2000 gives you a right of access to recorded information held by public authorities, subject to certain exemptions.

The FOI Act applies to the majority of public authorities, including Essex Police Authority. The FOI Act came into force fully on 1 January 2005. Full access rights under the FOI Act came into force on 1 January 2005.

If you ask us we are required to:

• let you know in writing whether we hold information you have asked for; and • If we do, provide the information to you within 20 working days, unless it is subject to an exemption.

We also have a duty to provide advice or assistance to you or anyone seeking information (for example in order to explain what is readily available or to clarify what is wanted).

Further information with regard to Individual Rights of Access can be provided.. Such information will includes contact details, how to obtain assistance and our appeals procedure.

Responsibilities for the Essex Police Authority Publication Scheme

The Chief Executive to the Essex Police Authority has overall responsibility for our Publication Scheme. The person responsible for maintaining and managing the Publication Scheme is: -

Head of Business & Governance Essex Police Authority 3 Hoffmanns Way Chelmsford CM1 1GU

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Section 7 ______7.5 Notes

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Members’ HAND BOOK

CONFIDENTIAL SECTION Essex Police Authority Authority Essex Police

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