Appendix B
Protocols of Practice To Provide an Appropriate Adult Service for Juvenile or Mentally Vulnerable Adult under the Police and Criminal Evidence Act 1984 for Greater Manchester
This agreement is between: GMPA, GMP, Salford City Council - Salford YOT, Trafford MBC - Trafford YOT
Trafford Division
Operational Management Contact:
Name: Darren Shenton
Position: Chief Inspector
Address: GMP, Custody and Justice, Stretford, Trafford Division, PO Box 6, Talbot Road, Stretford, Manchester, M32 0XB
Tel: 0161 856 7602
Mobile:
E-mail: [email protected]
Senior Management Contact:
Name: Andy Holt
Position: Divisional Commander
Address: GMP, Custody and Justice, Stretford, Trafford Division, PO Box 6, Talbot Road, Stretford, Manchester, M32 0XB
Tel: 0161 872 5050
Mobile:
E-mail: [email protected]
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Trafford Youth Offending Team
Operational Management Contact:
Name: Ken McDonald
Position: YOT Manager
Address: Trafford Youth Offending Team, 4th Floor, Arndale House, Chester Road, Stretford, Manchester, M32 9XY
Tel: 0161 911 8223
Mobile:
E-mail: [email protected]
Senior Management Contact:
Name: Rachel Fowler
Position: Volunteer Coordinator
Address: Trafford Youth Offending Team, 4th Floor, Arndale House, Chester Road, Stretford, Manchester, M32 9XY
Tel: 0161 911 8218
Mobile:
E-mail: [email protected]
Trafford Social Services
Operational Management Contact:
Name: K/N
Position:
Address: Trafford MBC, Trafford Town Hall, Talbot Road, Stretford, Trafford, M32 0TH
Tel:
Mobile:
E-mail:
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Senior Management Contact:
Name: Margaret Stephens
Position: EDT Manager
Address: Trafford MBC, Trafford Town Hall, Talbot Road, Stretford, Trafford, M32 0TH
Tel: 0161 912 5014
Mobile: 07760 167557
E-mail: [email protected]
Salford Division
Operational Management Contact:
Name: Steve Bailey
Position: Inspector
Address: GMP, Custody and Justice, Salford Division, Chorley Road, Swinton, M27 6AZ
Tel: 0161 856
Mobile:
E-mail: [email protected]
Senior Management Contact:
Name: David Baines
Position: Divisional Commander
Address: GMP, Custody and Justice, Salford Division, Chorley Road, Swinton, M27 6AZ
Tel: 0161
Mobile:
E-mail: [email protected]
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Salford Social Services
Operational Management Contact:
Name: Lynne Hutton
Position: EDT Manager
Address: Salford Community and Social Services, Chorley Road, Swinton, Salford, M27 6AZ
Tel: 0161
Mobile: 07970134853
E-mail: [email protected]
Senior Management Contact:
Name: Anne Williams
Position: Director of Community and Social Services
Address: Salford Community and Social Services, Chorley Road, Swinton, Salford, M27 6AZ
Tel: 0161 793
Mobile:
E-mail: [email protected]
North Manchester Division
Operational Management Contact:
Name: Bob Currie
Position: Inspector
Address: GMP, Custody and Justice, Collyhurst, North Manchester Division, Rochdale Road, Collyhurst, M4 4JA
Tel: 0161 856 4062
Mobile:
E-mail: [email protected]
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Senior Management Contact:
Name: Justine Curran
Position: Divisional Commander
Address: GMP, Custody and Justice, Collyhurst, North Manchester Division, Rochdale Road, Collyhurst, M4 4JA
Tel: 0161 856
Mobile:
E-mail: [email protected]
South Manchester Division
Operational Management Contact:
Name: Peter Ruane
Position: Inspector
Address: GMP, Custody and Justice, Elizabeth Slinger Road, South Manchester Division, West Didsbury, Manchester, M20 2EG
Tel: 0161 856
Mobile:
E-mail: [email protected]
Senior Management Contact:
Name: Alan Cooper
Position: Divisional Commander
Address: GMP, Custody and Justice, Elizabeth Slinger Road, South Manchester Division, West Didsbury, Manchester, M20 2EG Talbot Road, Stretford, Manchester, M32 0XB
Tel:
Mobile:
E-mail: [email protected]
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Metropolitan Division
Operational Management Contact:
Name: Roger Johnson
Position: Inspector
Address: GMP, Custody and Justice, Longsight, Metropolitan Division, Grindlow Street, Longsight, Manchester, M13 0LL
Tel:
Mobile:
E-mail: [email protected]
Senior Management Contact:
Name: Dave Thompson
Position: Divisional Commander
Address: GMP, Custody and Justice, Longsight, Metropolitan Division, Grindlow Street, Longsight, Manchester, M13 0LL
Tel:
Mobile:
E-mail: [email protected]
Manchester Airport
Operational Management Contact:
Name: Martin Gaffney
Position: Chief Inspector
Address: Manchester Airport, Custody and Justice, Manchester, M90 1NN
Tel:
Mobile:
E-mail:
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Senior Management Contact:
Name: David Murphy
Position: Inspector
Address: Manchester Airport, Custody and Justice, Manchester, M90 1NN Talbot Road, Stretford, Manchester, M32 0XB
Tel:
Mobile:
E-mail:
GMPA
Operational Management Contact:
Name: Lisa Hindle
Position: Appropriate Adult Scheme Coordinator
Address: GMPA, Salford Civic Centre, Chorley Road, Swinton, M27 5DA
Tel: 0161 793 3048
Mobile: 07970639911
E-mail: [email protected]
Senior Management Contact:
Name: Christina Smith
Position: Director of Police Authority Services
Address: GMPA, Salford Civic Centre, Chorley Road, Swinton, M27 5DA
Tel: 0161 793 3133
Mobile:
E-mail: [email protected]
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Introductory Statements
1. This document sets out the protocols of practice, consultation and liaison in a multi- agency partnership; between Salford City Council - Salford Youth Offending Team, Trafford MBC - Trafford Youth Offending Team, Stockport, Greater Manchester Police and the Service Provider - Greater Manchester Police Authority in relation to the provision of the Appropriate Adult Service for juveniles and mentally vulnerable adults who are detained at a police station within Greater Manchester.
2. For the purposes of this document the wording ‘juveniles’ shall refer to vulnerable people between the ages of 10 and 16 as defined under the Police and Criminal Evidence Act 1984 and the Codes of Practice.
3. The purpose of this document is to ensure that clear guidelines are in place to promote co-operation from all partners and to ensure that all service users are dealt with appropriately, effectively and speedily.
1. AIMS
1.1 To provide a 24 hour, 7 day week ‘Appropriate Adult’ service to young people and mentally vulnerable adults, detained at police stations within Greater Manchester, as laid down in the Codes of Practice (S.60 (1)(a) and S.66) and the Police and Criminal Evidence Act 1984 and any present or future relevant legislation as required.
1.2 The protocol seeks to assist partner agencies in maintaining the most effective use of resources and to enhance the overall commitment between local statutory agencies in working together to deliver high quality services across Greater Manchester.
1.3 The protocol seeks to assist partner agencies in ensuring compliance with specific statutory duties and in the pursuance of more general duties and responsibilities to the courts, to adults and children and to local communities.
1.4 To improve communication between all agencies involved in the detention and welfare of young people and mentally vulnerable adults in the criminal justice system.
2. OBJECTIVES
2.1 To provide trained adult volunteers in the absence of a parent, carer, social worker, YOT worker or guardian, to act as the ‘appropriate adult’ for young people and mentally vulnerable adults in the police station, unless a social worker is required. (See section C1.4 and C1.6).
2.2 To develop and manage and efficient and user friendly Appropriate Adult Service for Greater Manchester serving the local community, police, social services and Youth
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Offending Teams, in fulfilling the statutory requirements of the Police and Criminal Evidence Act 1984 (PACE) and the Crime and Disorder Act 1998.
2.3 To provide suitable training for volunteers to undertake the role of Appropriate Adult with regular support and supervision from GMPA service staff.
2.4 To assist and support vulnerable juvenile and mentally vulnerable adults with communication whilst in police custody and ensure they are afforded their entitlements, provisions and representations as necessary; whilst remaining neutral to any investigation.
2.5 To ensure that the detainee understands their rights and entitlements as outlined in the PACE Act (1984) Codes of Practice, to facilitate communication and witness that the investigation processes are carried out fairly.
2.6 The Appropriate Adult Service will develop and maintain a documentation system suitable for recording accurate information and statistical data regarding juvenile and mentally vulnerable adults requiring assistance under the Appropriate Adult scheme. This will be shared with relevant agencies in line with existing policies regarding access to records, as afforded within the Data Protection Act and The Human Rights Act.
3. CRITERIA FOR USING THE APPROPRIATE ADULT SERVICE
3.1 The Appropriate Adult Services is for young people and mentally vulnerable adults who are in detention at Swinton, Pendleton, Stretford, Altrincham, Manchester Airport, Longsight, Elizabeth Slinger Road, Grey Mare Lane, Bootle Street and Collyhurst Police Stations, as defined under the Police and Criminal Evidence Act 1984 and the Codes of Practice.
3.2 In addition it must be established that their relative, carer, guardian or social worker is unable or unwilling to attend. In the event that a person is in the care of a Local Authority, the custody officer will inform Social Services in addition to the Appropriate Adult Service, giving information of the other person contacted.
4. AVAILABILITY OF SERVICE
4.1 The Service Provider will provide, within the resources available a 24 hour 7-day week Appropriate Adult Service for young people and mentally vulnerable adults in custody at a police station in Greater Manchester as detailed in 3.1 above.
4.2 The Service Provider will provide Custody Officers with a reliable contact point, available 10 hours (8 am-6 pm) per day, for communication to the Appropriate Adult Service. This will initially be the Appropriate Adult Coordinator via office number/mobile.
4.3 An Appropriate Adult volunteer will attend the police station as soon as possible after call out, usually within 1 hour and 30 minutes, or by appointment at a mutually agreed time with the Custody Officer, duty Solicitor or legal representative.
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5. CONTACT ARRANGEMENTS AND REFERRALS
5.1 The police shall refer all young people and mentally vulnerable adults in need of an appropriate adult as described in the criteria above, to GMPA as coordinators for the Appropriate Adult services held at police stations within Greater Manchester. In the case of a person in the care of a Local Authority or whenever a social worker is required, the police will contact the relevant Social Services department as well as the Appropriate Adult scheme, giving information of the other person contacted. (It may be suitable on some occasions for the social worker to request that the Appropriate Adult Service attend on their behalf initially).
6. SPECIFIC ISSUES re: Appropriate Adults
6.1 Where it may be appropriate, the rights of an individual could be witnessed by the Appropriate Adult at the same time as they attend for the PACE interview. However, if necessary this could be undertaken as two separate call outs.
6.2 The custody officer will allow the Appropriate Adult to have sight of the custody record for their administrative record and meet with the detainee privately, on request.
6.3 Appropriate Adult volunteers are advised that they should not attend the private consultation with the solicitor and detainee, unless specifically requested to do so by the detainee or solicitors, as they are not subject to the same legal privilege as solicitors.
6.4 Should the Appropriate Adult ascertain that a detainee might be a danger to themselves or others whilst in custody, they should immediately inform the custody officer. Should the Appropriate Adult, during the course of a call out, suspect that the detainee might have significantly deteriorated in their mental or physical state, they should report this to the custody officer.
6.5 Should it be decided that a social worker should take over as the Appropriate Adult or to do a mental health assessment, the Appropriate Adult will pass over any relevant information as soon as possible to the social worker.
6.6 In all cases where a Custody Officer makes a disposal decision, the information should be given to the Appropriate Adult present as well as the detainee.
i Please note that the Appropriate Adult Service, its volunteers and staff are not the ‘responsible adult’ and therefore are unable to transport young people home under any circumstances. ii. The Appropriate Adult role at the police station ends after the disposal decision, fingerprints, photographs and DNA are taken and the detainee is free to leave.
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6.7 The custody officers will afford to volunteers a courteous service, keep them informed of developments and offer adequate comfort and refreshment if volunteers are kept waiting for extended periods of time. E.g. use of police canteen while waiting for officers or solicitors if possible. 6.8 Requests for an Appropriate Adult to attend for further interviews or identify parades on a subsequent occasion for the same person, (in the absence of a carer or guardian) should be made via the coordinator on duty and not via the volunteer direct. However, every effort will be made to maintain continuity for the benefit of the detainee.
6.9 GMPA will liaise with the relevant carers, social services department, youth offending team, the police, and legal services in the aftercare and support of the person, as required.
General Expectations
The passing of information to or consultation with the Appropriate Adult Service, its staff or volunteers should not replace statutory contact arrangements. Crucially, notifying the Appropriate Adult of an intention to prosecute should be not viewed as having notified the detainee, the Local Authority or the Youth Offending Team.
Where there may also be a child protection or health issues, normal procedures would be adhered to and Forensic Medical Examiners or Social Services contacted by the police.
Officers and staff of all agencies are expected to make every effort to deal with all matters contained in the protocol as co-operatively and expeditiously as is reasonably possible. In particular, negotiated arrangements should be followed in a timely manner, reducing wasted time to a minimum.
GMPA will assist the Youth Offending Team in delivering a service to meet National Standards as laid down by the Youth Justice Board.
7. MONITORING AND DOCUMENTATION
7.1 The Appropriate Adult called out will report to the Appropriate Adult Coordinator, details of visits and disposals as soon as possible by telephone, with a written report (a standard format report form) to follow within 48 hours.
7.2 The Coordinator will be responsible for developing and implementing monitoring and reporting systems as necessary, including regular feedback to and from service users. E.g. Youth Offending Team and Social Services.
7.3 For the purpose of clarity in statistical data, an Appropriate Adult request for a detainee referred at a later date for participation in an identify parade, further questioning or other purpose shall be identified as two or more individual call outs. That is, each request for an Appropriate Adult will be counted separately, regardless of the individual concerned; and will follow the PACE guidelines for attendance.
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7.4 The Appropriate Adult Co-ordinator will collect and collate all statistical data as currently required by the Local Authority, the Youth Justice Board and Greater Manchester Police on a quarterly basis and report to Members of the Police Authority. 8. STAFFING AND TRAINING
8.1 GMPA will provide a Co-ordinator and administration staff to administer and manage the service. The Co-ordinator will recruit the Appropriate Adult volunteers to attend the police stations.
8.2 The youth offending, learning difficulties, mental health and social work teams and GMP will be invited to give their expertise on relevant aspects of training. GMPA staff will train the Appropriate Adults to perform the necessary tasks and complete the required documentation in order to adhere to current and ongoing legislation.
9. MANAGEMENT ARRANGEMENTS AND QUALITY ASSURANCE
9.1 To facilitate overall communication and joint working, a three monthly review meeting should be held between senior officers of the Police, Social Services, Youth Offending Team with GMPA to discuss, and seek resolution of issues of mutual concern and to establish better working practices. These may be six monthly in the second year of operation.
9.2 GMPA will provide a verbal and written report on progress and outcomes to the Steering Group.
9.3 The Director of Police Authority Services will formally agree the Service Level Agreement and be ultimately responsible for the performance of the service and accountable to the Youth Offending Team, Social Services and GMP partners.
9.4 The content of the Protocol is subject to periodic review and revision according to changing legislation, needs and circumstances.
9.5 Whilst acknowledging formal complaints procedures in all the partnership organisations, should any comments or complaints arise following an individual call out, the matter will be brought in the first instance, to the attention of the Custody Sergeant/Inspector at the police station in question or social services department manager, by the Appropriate Adult Service Coordinator. Equally, any comments or complaints regarding staff or volunteers from the Appropriate Adult Service should be directed to the Director of Police Authority Services.
9.6 Any issues that cannot be resolved will be brought to the attention of the Community Engagement Committee. In the event of an urgent matter, any party may call an urgent group meeting, with representation from senior management from all organisations. The party invoking this procedure must set out issues in writing at least five working days in advance of the meeting. If this does not resolve the matter to the satisfaction of all parties, the matter may be referred to the Chief Officer of GMPA and the Youth Offending Team Manager or Chief Officer of the Local Authority.
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10. EQUAL OPPORTUNITIES
10.1 The service will ensure that its resources are planned and delivered in line with the principles of equality of opportunity and the need to ensure that individual needs and circumstances are appropriately met. The service will work within the spirit and requirements of all partners equal opportunities policies and procedures.
11. HEALTH AND SAFETY
11.1 GMPA has a Health and Safety policy and service staff and volunteers will receive support, supervision, information and feedback on a regular basis.
11.2 Health and Safety issues for the Appropriate Adults will be addressed during initial training and continue throughout their length of service as volunteers. This will include recommendations as to appropriate immunisation, counselling support and personal risk assessment.
12. FINANCIAL ARRANGEMENTS
12.1 The estimated number of referrals is 600 for period from 6.6.05-31.12.05 and future budgets will be based on this figure.
12.2 The service will be subject to annual budget reviews in November of each financial year by the Members of the Police Authority.
12.3 Salford Social Services and Youth Offending Teams, Trafford MBC and Youth Offending Teams and GMP will pay the agreed sum on a six-monthly basis in advance to GMPA on receipt of an invoice from GMPA Head Office Finance Section.
12.4 GMPA, as budget holders, will pay all service costs as agreed in the budget including permanent staff and sessional workers remunerations and travel expenses. GMPA will administer the payment of volunteers’ expenses and provide accounts at the end of each financial year to the appropriate partners and Members of the Police Authority.
12.5 GMPA will maintain Employer’s/Public Liability policies, with an indemnity limit appropriate to the perceived level of risk attached to the activities of the service.
12.6 Should details of funding sources change for the purpose of invoicing, the partners should inform GMPA of contact arrangements as soon as possible to avoid delays in invoicing.
13. AGREEMENT PERIOD
13.1 This agreement commences 6th June, 2005, and expires on 31st December, 2006.
13.2 The terms of this agreement may only be varied by negotiation and agreement between the parties and expressed in writing.
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13.3 Any party shall have the right to serve one months notice in writing of their intention to withdraw from this agreement, and this provision will apply at any time the agreement is in force.
13.4 This Service Level Agreement and the protocol have been produced after joint working by staff and officers of the Youth Offending Team and Social Services departments, the GMP and GMPA. It has been approved and adopted for use by the relevant Chief Officers. The contents are the subject to periodic review and revision according to changing legislation, needs and circumstances.
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