Cumbria Multi Agency Public Protection Arrangements (MAPPA)

Version v2.00

Memorandum of Understanding between Cumbria MAPPA Responsible Authority (RA) and Duty to Co-operate (DTC) Agencies

Protection through Partnership

NOT PROTECTIVELY MARKED Cumbria MAPPA Memorandum of Understanding V2.00

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VERSION HISTORY

Version Number Amendments Made Authorisation

v1.00 Original version Approved at SMB Meeting 17th August 2009

v2.00 MoPI compliance, risk based sharing, Signatories revised MAPPA Guidance, additional partners, revised procedures

Contents

1. Introduction 2. Purpose 3. Partners 4. Legal Basis 5. Processes 6. Constraints on the Use of Information 7. Roles & Responsibilities 8. Specific Procedures 9. Review, Retention & Disposal of Shared Information 10. Review of the Memorandum of Association 11. Indemnity 12. Signatories

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1 Introduction 1.1 Section 325 of the Criminal Justice Act 2003 (‘the CJA’) placed on the Police, the Probation Service and HM Prison Service the duty of forming a “Responsible Authority” (RA) to assess and manage the risks posed by “relevant” sexual and violent offenders and other persons who might be considered to present a risk of Serious harm1 to the public. The CJA sets out a requirement for specific arrangements to be put in place in pursuit of this, to be known as Multi Agency Public Protection Arrangements, or ‘MAPPA’. The Act also required that these arrangements should be carried out by the RA in collaboration with other statutory agencies that in turn were given a Duty to Co- operate, and that a Memorandum of Understanding should be established between the RA and Duty to Cooperate (DTC) agencies setting out how the partners would co-operate, share information and work together in pursuit of the MAPPA aims. 1.2 In support of these statutory requirements, formal MAPPA ‘Guidance’2 was also issued by the Secretary of State, setting out how the MAPPA were to be implemented, and so ensure that the respective functions of the Responsible Authority and DTC partners were fulfilled. 1.3 MAPPA is therefore not a statutory body, but a mechanism supporting the discharge by the RA and DTC agencies of their statutory responsibilities, and the means through which they should work together to protect the public in a co-ordinated manner. 1.4 The work of MAPPA is committed to equal access to services for all groups, particularly in relation to race, sex, gender identity, age, religion and belief, sexual orientation and disability. It is also about ensuring that policies and procedures do not draw on stereotypical assumptions about groups or contain any element that will be discriminatory in outcome. In undertaking this work, the agencies involved in MAPPA will be sensitive and responsive to people's differences and needs. In addition, that understanding will be integrated into the delivery of its function in order to ensure that nobody is disadvantaged as a result of their belonging to a specific social group.

2. Purpose 2.1 This Memorandum of Understanding (‘MoU’) is agreed between the partners firstly, for the purpose of fulfilling the statutory requirement prescribed in Section 325(8) of the CJA, and Section 5 of the MAPPA Guidance. A summary of the provisions of Section 325 is attached as Appendix B to this document, for ease of reference. 2.2 It is also intended to serve as an ‘Information Sharing Protocol’ for the purpose of the requirement set out in the Guidance Appendix A s.12.3. 2.3 It is not the purpose of this document to merely repeat the content of the CJA or Guidance, but to set out the specific arrangements for how the MAPPA processes set out in the Guidance will be implemented in Cumbria. Where a process set out in the Guidance is not discussed in this document, the partners agree the Guidance provides sufficient clarity for those processes to be adhered to and followed without further addition, and should be adhered to as prescribed in the Guidance.

1 Risk of Serious harm is defined as ‘a risk which is life threatening and/or traumatic, and from which recovery, whether physical or psychological, can be expected to be difficult or impossible’ 2 The first MAPPA Guidance v1.00 was originally issued in March 2003. The current version, MAPPA Guidance v3.00, was issued by the National MAPPA Team, National Offender Management Service Public Protection Unit, in conjunction with the Ministry of Justice, the National Probation Service, HM Prison Service and ACPO, in 2009. It is expected to be further updated in 2012. NOT PROTECTIVELY MARKED Cumbria MAPPA Memorandum of Understanding v2.00 Page 3 of 26

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2.4 It is a fundamental principle of this agreement that every agency which has a legitimate interest in MAPPA concerning risks posed by individual(s) will contribute as fully as its statutory role and functions permits, and in a way that complements the work of other agencies. In addition to the organisations involved in MAPPA in Cumbria on a statutory basis, it will also therefore include provision for supporting MAPPA processes including information sharing by the partners with key representatives of other multi-agency forums as prescribed in s25.5 of the Guidance, for example Crime & Disorder Reduction/Community Safety Partnerships. 2.5 Information will also be shared with representatives of the UK Border Agency on the basis and as provided for by the ‘The Participation Of The UK Border Agency (UKBA) In Multi-Agency Public Protection Arrangements (MAPPA) 30 July 2011’. 2.6 All content within this agreement is intended to comply with and support the requirements and provisions of the relevant portions of the Act and the Guidance, and the signatories agree that nothing in this agreement will seek to amend or vary either the Act or the Guidance in any way. Therefore, in the event of any ambiguity arising concerning the content of this MoU and the Guidance, the Guidance will have precedence. Related Agreements Supported By This MoU. 2.7 This MoU is also intended to complement and support the:  ‘Cumbria Protocol for the Re-housing of Offenders Assessed as Presenting a High Risk or Very High Risk of Harm to Others’ (2009)  Cumbria Constabulary 'Management of Sexual Offenders & Potentially Dangerous Persons Policy' 3, and the ‘Cumbria Multi-Agency Protocol for Potentially Dangerous Persons’.

3 The Partners 3.1 For the purposes of this agreement, the partners who will comprise the Responsible Authority (‘RA’) are: (i) Cumbria Constabulary (ii) Cumbria Probation Trust (see NOMS below) (iii) Her Majesty’s Prison Service (see NOMS below) The National Offender Management Service (‘NOMS’) was formed (in 2004) through the integration of the National Probation Service and Her Majesty’s Prison Service alongside other Home Office functions concerning offender management. The NOMS has responsibility within the Ministry of Justice for commissioning and providing correctional services and interventions in order to re-integrate offenders into society, reduce re-offending, and protect the public. With regard to Cumbria MAPPA, representatives from NOMS, Cumbria Probation Trust (‘CPT’), and HM Prison Service (‘HMPS’) will all attend as representatives of their respective agencies. 3.2 The partners who will participate on the grounds of their statutory duty to co-operate and work with the Responsible Authority are: NHS Trust Partners 3.2.1 The NHS partners are aware that they are entering a period of change during which responsibility for commissioning some services will be passed to a number of geographically based consortia. Where responsibilities change which affect practitioners who are involved in the information sharing processes outlined in this

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agreement, then whilst authority for practitioners to continue to share information is expected to be adopted and approved by the new controlling bodies in due course, the partners recognize that their authority will rescind upon expiry of the current arrangements as changes are introduced over time. The National Health Service (NHS) is divided into two sections known as Primary Care and Secondary Care. Primary Care is the first point of contact for most people when they first have an identified health problem, and is delivered by a wide range of independent contractors including GPs, dentists, pharmacists and optometrists. Secondary Care is known as acute healthcare and can be either elective care or emergency care. Elective care means planned specialist medical care or surgery, usually following referral from a primary care or community health professional such as a GP. iv) Commissioning of services in Cumbria is managed via Cumbria Teaching Primary Care Trust (‘NHS Cumbria’), who have responsibility to buy - or 'commission' - all NHS services in Cumbria from a range of health providers, including GPs, Dentists and Health Trusts, through identifying the specific health needs of people in Cumbria, and then commissioning services as necessary to ensure those needs are met. v) Cumbria Partnership NHS Foundation Trust is responsible for the management of the (nine) community hospitals in the County, and provides a number of other 'primary care' services including district nursing, mental health, learning disability and community services as well as a range of specific services targeted as for the benefit of children and young people. vi) Secondary Care, or acute health care, is managed through a national network of acute, Foundation and mental health NHS trusts, overseeing some 1,600 NHS hospitals and specialist care centres across the country. vii) North Cumbria University Hospitals NHS Trust provides acute hospital services as described above and manages the Cumberland Infirmary in Carlisle and West Cumberland Hospital in Whitehaven. viii) University Hospitals of Morecambe Bay NHS Foundation Trust also provides acute hospital services, including managing Furness General Hospital in Barrow in Furness, Westmorland General Hospital in Kendal, and outpatient services at Ulverston. It also provides acute services at Royal Lancaster Infirmary and outpatient services at Queen Victoria Centre, Morecambe within the North Lancashire PCT area. ix) The North West Specialised Commissioning Group (‘NWSCG’) is a permanent joint committee of the 24 North West Primary Care Trusts (PCTs), with responsibility for collaborative commissioning of specialised services on behalf of those PCTs. The prime responsibility of the group is to ensure that PCT Boards receive information and advice in order to help them make informed local decisions about how best to invest public money. The NWSCG is supported by the North West Specialised Commissioning Team (NWSCT), which is based in Warrington in Cheshire. Non NHS Partners 3.2.2 Non-NHS partner signatories will be: x) The National Society for the Prevention of Cruelty to Children (‘NSPCC’) is a registered charity incorporated by Royal Charter, whose primary purpose is to protect the interests and welfare of children and young people, including preventing them from being affected by, or becoming a victim of, domestic violence or abuse.

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NOT PROTECTIVELY MARKED xi) Cumbria County Council, Carlisle City Council, Eden District Council, Allerdale District Council, Copeland Borough Council, South Lakes District Council and Barrow Borough Council, are ‘local authorities’ empowered by Part I of the ‘Local Government Act 2000’ to take any steps which they consider likely to promote the well-being of their area or their inhabitants. This includes responsibility for the provision of social care and services to support both children and adults within Cumbria, including the infrastructure through which these services can be administered. (i) Education, welfare services and support in relation to young people up to the age of 18 are normally managed through Children’s Services. (ii) Corresponding support for people aged over 18 is normally provided through ‘Adult Social Care’ as part of the Adult and Local Services Directorate. xii) The Lay Advisers represent the public interest with regard to the implementation of MAPPA processes, including auditing of minutes, and participating in meetings concerning training, communication, monitoring and evaluation. xiii) The Youth Offending Service was established under Section 37 of the Crime and Disorder Act 1998 and works in relation to young offenders on behalf of the Youth Justice Board (‘YJB’). The principal aim of the Youth Justice System is to prevent offending by children and young persons. It is overseen in England and Wales by the YJB, whose board members are appointed by the Secretary of State for Justice. xiv) Cumbria Jobcentre Plus is a part of the Department for Work and Pensions, and has a Duty to Co-operate in MAPPA founded on the agreement established in Probation Circular 48/1999: Disclosure to Jobcentre Plus of Restrictions that should be placed on the Employment of Potentially Dangerous Offenders. The Duty to Cooperate in relation to Jobcentre Plus is also set out in the MAPPA Guidance (Section 24.7.2). xv) Carlisle Housing Association, Eden Housing Association, Derwent & Solway Housing Association, South Lakes Housing Association, Impact Housing Association Ltd and the Home Group all have functions relating to the resettlement of offenders, including the allocation of both short and long-term accommodation and the provision of housing assistance for people who are homeless. Impact Housing also manage the 'Let Go' integrated IDVA (Independent Domestic Violence Advisor) support service. Whilst the decision as to which Housing Associations might need to be involved in relation to a given individual will be assessed on a case by case basis, the partners recognise and agree that it is not in the interests of public protection if MAPPA/potentially dangerous offenders do not have a fixed address, or are housed in circumstances that make it difficult to monitor them appropriately. As well as providing advice about accommodation options to Cumbria MAPPA, the contribution of Housing Associations in relation the placement of offenders (or victims) can also be significant in helping to: o ensure that any risk of harm is not inadvertently exacerbated though locating offenders in close proximity to vulnerable people or victims o monitor the whereabouts of offenders o assist the supervision, or monitoring, of offenders’ behaviour and helping assess any identifiable or associated risks o recognising child welfare issues

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xvi) Cumbria Action for Social Support Ltd (‘CASS’) is an independent registered charity which works to relieve social deprivation among persons who have been referred to the national probation service in Cumbria, and their families. Their work includes providing a broad range of accommodation services to homeless offenders, or those at risk of offending, across North and West Cumbria. Through their work, CASS has developed close links with the Probation Service, who manage a number of high risk offenders that are subject to the MAPPA process (see Section 7 below). In addition to providing information about safe and secure accommodation options for offenders, CASS also works to ensure that offenders’ rights are fully explored in relation to homelessness legislation, while making sure that public protection is maintained. xvii) G4S Care & Justice Services Ltd is a private limited company providing prison management and prisoner escort services, and which includes the provision of electronic monitoring of offenders where this has been authorised. xviii) Representatives of the church (all denominations) will be involved in MAPPA for the purposes outlined in the Guidance4 and may also contribute guidance and advice concerning offenders where appropriate, for example where the church is involved with offender management or rehabilitation. In Cumbria MAPPA, the Church of England, Catholic Church and Methodist Church are frequently involved with activities such as ‘safeguarding’ (as defined in the MAPPA Guidance), finding or helping source funding for accommodation, or supporting offenders participating in a community programme.

MARAC, IDVA, CAADA 3.3 In addition to the partner signatories above, Cumbria MAPPA will work closely with Multi Agency Risk Assessment Conferences (MARAC), as set out in the MAPPA Guidance Section 3, and which will include sharing with their respective supporting Co-ordinated Action against Domestic Abuse (CAADA) and Independent Domestic Violence Adviser (IDVA) teams. MARAC are focussed mainly on victim protection, and the partners note that sharing will involve MARAC referring individuals for MAPPA, as well as MAPPA sharing information with MARAC.

4. Legal Basis 4.1 The legal basis for the establishment of the MAPPA and the involvement of the Responsible Authority and Duty to Co-operate (‘DTC’) partners is founded in statute as summarised in Section 1 above. 4.2 The partners agree that their principal legal basis for the sharing of information concerning MAPPA will be as provided for by the statutory powers set out in the CJA, and in accordance with MAPPA Guidance.

Statutory Duties As They Will Be Applied In Cumbria 4.3 The partners agree that their duties as prescribed by the Act (and the Guidance) will be applied in Cumbria on the following principles: i) The duties will be mandatory for all partner organisations concerned ii) The primary duty of all of the partners is to co-operate in the establishment of arrangements to assess and manage the risks posed by MAPPA Category 1, 2 or 3 offenders (see Section 5.3 below). iii) Co-operation includes a requirement to share and exchange information (CJA s.325(4))

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iv) It is a reciprocal duty in that it requires the Duty to Co-operate bodies to co- operate with the Responsible Authority and the Responsible Authority to co- operate with the Duty to Co-operate bodies v) The duty to co-operate is compatible with the statutory functions of all of the Responsible Authority and Duty to Co-operate bodies Risk based Sharing of Police Information 4.4 Whilst the exchange or sharing of police information about individuals will primarily be carried out under the statutory powers provided by MAPPA legislation, Cumbria Constabulary will also, where appropriate, consider sharing information on a risk assessment basis through the Common Law power of supporting the policing purposes defined by the Code of Practice on the Management of Police Information (2005), specifically:  Protecting life and property  Preserving order  Preventing the commission of offences  Bringing offenders to justice In these instances, the decision by the Constabulary to share (or withhold) information will depend on whether the benefits of supporting one or more of the policing purpose(s) above outweighs the rights of any individuals concerned as provided for under the Data Protection Act 1998 or Human Rights Act 1998. However, in all cases where risk-based information is being considered, only information which is relevant and proportionate to these policing purposes may be shared, and as required to support the joint management, fully informed decision making, and monitoring and addressing of risk, by the MAPPA organisations working together. The risk based decision to share will also include an assessment of any possible harmful consequences which might arise to a third party who is not the subject of the information itself, such as family members of dependents, and take into account any possible harmful impact to such individuals, including adverse harm to their privacy, where applicable. All Cases 4.5 In all cases, information sharing must be based on one or more of the lawful powers above, taking into consideration the rights of the individual as provided for by the Data Protection Act 1998, and the Human Rights Act 1998, or other relevant legislation, and balancing the risk of the possible consequences if information is shared, against the consequences if it is not shared. Where the risk-based decision is taken to share, this must only be done to the extent that it is necessary, relevant, and proportionate to achieve the purposes intended. 4.6 In order to help ensure that any discussion or sharing of information is proportionate, it is a central principle of Cumbria MAPPA that only those partners who are actively involved (or need to become involved) in the case will participate. Whilst at least one RA partner will always be involved by default, additional attendees for a MAPP meeting must only be present where this is relevant to the circumstances of the case.

5 Processes 5.1 MAPPA are concerned with offenders who may pose a risk of serious harm to others, and this will be directly reflected in the processes and working of the partners in their capacities as Responsible Authorities and DTC agencies. In some cases, specific responsibilities will also lie with individual partners in relation to some MAPPA processes in Cumbria, and these will be detailed in Section 7 below. NOT PROTECTIVELY MARKED Cumbria MAPPA Memorandum of Understanding v2.00 Page 8 of 26

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5.2 The partners agree that the processes for MAPPA working as set out in the Guidance will be followed as closely as possible, but tailored to the specific needs of Cumbria. In adopting the processes in the Guidance, the signatories therefore agree that the MAPPA Offender Categories and Management Levels of offenders will be as provided for in the Guidance, and as summarised in Sections 5.3 and 5.4 below.

Categories of MAPPA Offenders 5.3 There are 3 categories of MAPPA offenders: Category 1 Offenders - Registered Sexual Offenders (RSOs): These individuals are sexual offenders required to comply with ‘notification requirements’ as defined in c.42 Part 2 Sexual Offences Act 2003. (These requirements are also referred to in MAPPA Guidance as ‘registration requirements’). Category 2 Offenders - Violent, and other sexual offenders convicted of a relevant offence, who receive a custodial sentence of 12 months or more. However, this will also include individuals who receive other disposals in some circumstances, for example, offenders made subject to hospital or guardianship orders under section 37 or 41 of the Mental Health Act (2005). Category 3 Offenders - Other dangerous offenders, who, because of the offences committed by them are assessed as posing a serious risk of harm to the public.

Management Level of MAPPA Offenders 5.4 There will be three levels of MAPPA management: Level 1 Ordinary Agency Management is used in cases where it is assessed that the risks posed by the offender can be managed by the agency responsible for their supervision/case management. This does not mean that other agencies will not be involved. Level 2 Active Multi-Agency (‘MAPP’) Management for offenders assessed as posing a significant risk of serious harm and requiring the active involvement and co- ordination of interventions from other agencies to manage risks of harm presented by the individuals involved. Level 3 Active Multi-Agency (‘MAPP’) Management for offenders assessed as posing a significant risk of serious harm and requiring active conferencing and senior representation from the RA and DTC agencies. There may also be significant media issues and/or Public interest in the case.

MAPPA Referral process 5.5 The partners agree that candidates to be referred to Cumbria MAPPA will be identified as set out in MAPPA Guidance. Referrals will be submitted using the nationally agreed ‘REFERRAL FORM – MAPPA FORM A’, attached as Appendix A to this document (using the supporting notes in ‘MAPPA FORM A Appendix A-notes’), accompanied by a current risk assessment and a draft risk management plan, to be sent by e-mail to the MAPPA Co-ordinator (see Section 7 below), at [email protected] . 5.6 Upon receipt of a referral, the MAPPA Co-ordinator will arrange for a discussion to take place (in person, by telephone, or by electronic means) between members of the MAPPA Referral Panel so that a full assessment can be made of the risks relating to the individual involved, in accordance with CJA and MAPPA Guidance requirements.

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MAPPA Meetings 5.7 Meetings will be arranged by the MAPPA Co-ordinator/MAPPA Administrator whenever it is assessed that the individual who is the subject of the Referral qualifies to be considered as a MAPPA Offender as defined in section 5.3 above, and be attended by representatives from the partner agencies as required by the MAPPA Co-ordinator, based on the MAPPA Category assigned to the offender. Declaration of Confidentiality 5.8 Prior to commencement of all meetings, all attendees will sign Form ‘MAPPA E MAPPA LEVEL 2 OR 3 ATTENDANCE’ sheet attached as Appendix E which also provides confirmation of their agreement to abide by ‘MAPPA D ‘CONFIDENTIALITY AND DIVERSITY STATEMENT’ in the form attached at Appendix D. Purpose 5.9 The purpose of Cumbria MAPPA meetings (all levels) is to share and collectively assess relevant information concerning individuals identified as posing a possible risk, and which may or may not include persons who have committed an offence or crime. MAPP meetings will be chaired by RA partners, as set out in Appendix C. Following assessment of the risk, including in what circumstances and to whom that risk might materialise, the partners, led by the chairperson, will collectively agree a ‘Risk Management Plan’ (RMP) setting out how these risks will be managed. The partners recognise that information sharing will therefore be critical throughout both the assessment and discussion during the meeting and throughout subsequent implementation of the RMP. Minutes 5.10 Minutes will be kept of all MAPPA meetings as prescribed by the Guidance, and the records of the minutes (whether held in electronic or paper form) handled according to the Government Protective Marking Scheme (GPMS). 5.10.1 The minutes will include:  a statement of confidentiality of the minutes, and whether any part may be eligible to be published under a Freedom Of Information request  a statement of diversity principles, to support any relevant decisions during discussion  a clear statement of the purpose for which the meeting has been convened, and which will provide the background and weight of argument concerning decisions made during the meeting 5.10.2 Content of minutes must not be disclosed outside the meeting other than as agreed in the risk management plan, or in consultation with the MAPPA meeting Chairperson. 5.10.3 If a request is made to one of the partner agencies for copies of Level 2 & 3 MAPPA Meeting minutes, the request must be referred to the MAPP chairperson concerned, and the MAPPA Co-ordinator who will consider whether an executive summary of the minutes should be provided5.

What Information May Be Shared 5.11 The partners agree that the information types which may be considered to be shared, as assessed on a case-by-case basis as being relevant, necessary and proportional to Cumbria MAPPA requirements, will be as set out in the MAPPA Guidance.

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How Will Information Be Shared 5.12 Initial referral forms will be sent by e-mail to the MAPPA Co-ordinator as set out in section 5.5 above. Although the partners recognise that this may involve sometimes using insecure means (including internet e-mail) for sending referrals, they agree that the perceived risk of harm through interception or compromise of the referral is outweighed by the benefit of being able to progress matters quickly and effectively where potential MAPPA offenders are involved, and that the priority must be to progress the referral in the way that best ensures that any risk of serious harm can be identified and assessed as early as possible. 5.13 In addition to formal sharing during pre-arranged MAPPA meetings as set out in Section 5.7 – 5.10 above, information may also be shared: i. during face-to-face meetings held at any other time between one or more partners, for example ‘sentence planning meetings’6 organised by the Offender Manager ii. using secure e-mail, using such protected systems as are available to the partners concerned iii. any other means approved on a case by case basis by the Chairperson. iv. by telephone, in cases of urgency, (see Section 8.5 below). 5.14 Where a referral is assessed as not involving an urgent need for preventative action, any required contact between the partners (including exchanges of information) to progress the case will be made using secure means, such as hand delivery of paper- based information during regular business contact between the partners, as appropriate. 5.15 Notifications to Jobcentre Plus will be made using the standardised forms provided in the MAPPA Guidance Appendix 6 where appropriate. 5.16 Information will be shared by HM Prison Service with MAPPA Agencies using the standardised forms in the MAPPA Guidance Appendix 7 where appropriate.

What Happens to the Information 5.17 Information received by partners through being shared under this agreement may be stored in either electronic or paper format, however;  it must be stored securely by the recipients (whether in electronic format or hard copy), to prevent unauthorised access. See also Section 9 below.  information stored on electronic systems must be protected by user authentication and password log-on.  paper or other hard copy records must be securely stored in a locked cabinet in a locked office when not in use, or when the office is left unattended. 5.18 All records of information shared must be deleted or destroyed when the information is no longer required for the purpose for which it was provided

6 Constraints on the Use of Information 6.1 Information shared under the terms of this agreement must not be disclosed to any third party or organisation outside the MAPPA without the written consent of the organisation that originally provided it, and the agreement of the MAPPA chairperson. This includes where sharing of information takes place with representatives of multi agency forums who the partners assess and agree may be

6 Sentence planning meetings will be held as necessary to assess risks which may arise either whilst offenders are in prison, out on licence, or after release. They will be headed and driven by the Offender Manager (see MAPPA Guidance Appx 3). NOT PROTECTIVELY MARKED Cumbria MAPPA Memorandum of Understanding v2.00 Page 11 of 26

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able to support the aims of Cumbria MAPPA such as the ‘Cumbria Reducing Offending Partnership Trust’ 7, and ‘Cumbria Circles Of Support’ 8 as well as agencies of the types described in the MAPPA Guidance s25.5, 6.1.1 Where such permission to further share information about a victim is given, it may only be shared with the victim’s (or carer / parent / guardian where appropriate) informed consent. 6.2 Information shared and received under the terms of this agreement may only be made accessible within each partnership organisation for the purpose for which it was requested or provided, and only to those individuals or role-holders with a professional ‘need to know’. ‘Need to know’ is a security principle which states that the dissemination of classified information should be no wider than is required for the efficient conduct of business. A balance must be struck between making information as widely available as necessary to maximise potential benefits, and restricting it to protect the security of sources, techniques, and the confidentiality and integrity of the information itself. 6.3 Information shared between the partners must not be transferred to CD or USB flash drive (memory stick) or other portable memory device except with the permission of the partner who originally provided the information. 6.3.1 The partners note that police information shared by Cumbria Constabulary will not be permitted to be stored on these devices other than in exceptional circumstances.

7 Roles & Responsibilities 7.1 Roles and responsibilities of Responsible Authorities and Duty to Cooperate Partners respectively are set out in the CJA and the MAPPA Guidance, and the partners acknowledge and agree to abide by the requirements contained therein. 7.2 With regard to implementation of MAPPA within Cumbria, the signatories are responsible for ensuring that adequate resources are available within their respective organisations to fulfil the requirements placed upon them by the CJA and MAPPA Guidance, as well as the commitments made to the other partners under this agreement. This includes ensuring that all personnel and staff who may be involved in sharing information are suitably trained and qualified with regard to its requirements, and that sufficient staff resources are in place to cover absences and leave. Specific MAPPA Roles Within Cumbria 7.3 With regard to their roles and responsibilities in Cumbria, the partners agree that the following arrangements will apply: Offender Managers 7.4 The core responsibilities of Offender Managers will be as prescribed in the MAPPA Guidance.

7 CROPT is a registered charity supported by the Northern Rock Foundation, NOMS, Cumbria Probation Service, Cumbria Methodist District, and Religious Society of Friends for purposes including promoting the care, resettlement and rehabilitation of offenders, ex-offenders and those at risk of offending, and to advance the education of the public in the underlying causes of and appropriate responses to offending behaviours. 8 ‘Cumbria Circles of Support’, as part of ‘Circles UK’ is the trading name of Circles of Support and Accountability Limited, a company registered in England and Wales and a registered charity which works directly with offenders to support their rehabilitation and reintegration in the community. Their work is founded on the premise that social isolation and emotional loneliness are key factors in increasing the risk of recidivism and that engaging suitable members of the public to act as volunteers to help monitor and support a Core Member in the community contributes substantially to reducing this risk. NOT PROTECTIVELY MARKED Cumbria MAPPA Memorandum of Understanding v2.00 Page 12 of 26

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7.5 The partners agree that with reference to Cumbria MAPPA, Offender Managers will be nominated as agreed in the Risk Management Plan for each case, and will act as a first point of contact in relation to managing the risks posed by the individual concerned. It follows that there may be more than one ‘Offender Manager’ for a particular offender, for example where multiple agencies or partners are involved. 7.6 Whilst the partners agree that all cases will be assessed individually, the general principles for designating Offender Managers will be that: (i) The management of MAPPA Category 1 Offenders will be led by Cumbria Constabulary. However, in most cases for Category 1 offenders, there will be other ‘lead’ points of contact within some of the other partner agencies. (ii) The management of MAPPA Category 2 offenders will usually be led by Cumbria Probation Trust, the Youth Offending Service, or Mental Health Services, but in some circumstances may also have a designated officer to lead from the police where needed. (iii) The management of MAPPA Category 3 offenders will usually be led by the agency in closest contact with the offender, but which will usually also involve close working with Cumbria Constabulary. 7.7 Specifically with regard to MAPPA in Cumbria, the partners agree that Offender Managers will;  ensure that all relevant partners have knowledge of the Risk Management Plan for a given offender, including the assessment of their status as a Category 1, 2 or 3 offender.  ensure that partners are notified of any significant developments during the management of the case, and especially where risk factors change which might affect front line staff of partner agencies in direct contact with the offender. 7.7.1 Offender Managers will also take lead responsibility to provide direction for a ‘first response’ where a risk scenario changes and where anyone is identified as being at immediate or imminent risk of harm. The partners agree that it is critical to address such circumstances quickly, and that action to prevent harm should not be deferred, for example, until a meeting is convened.

‘Responsible Authority’ Partner Organisations 7.8 The RA organisations recognise their collective duty to ensure that MAPPA as implemented in Cumbria is fit for purpose. In pursuance of this, the RA partners agree to: 7.8.1 take the lead to establish arrangements for assessing and sharing information about sexual, violent, and other dangerous offenders 7.8.2 construct, coordinate, monitor and review Risk Management Plans (see Section 5.9 above) to reduce risk posed by individuals 7.8.3 ensure that business processes and practices within their own organisations support the principles, and meet the needs, of Cumbria MAPPA. 7.9 The RA partners also recognise the need to monitor performance and investigate any cases where a MAPPA offender commits a specified serious further offence. They therefore agree that they will collectively lead and participate in a ‘Strategic Management Board’ 9, which will:  investigate all instances where further offences are committed by a person subject to MAPPA, and  assess the effectiveness of all Cumbria MAPPA related matters in general.

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Specific Additional Duties to be undertaken by RA partners Cumbria Constabulary 7.10 Cumbria Constabulary (‘the Constabulary’) will have the lead responsibility for managing Category 1 offenders (registered sexual offenders) who are not under the statutory supervision of the Probation Service (see 7.11 below). These offenders will be managed by specialist Police Public Protection Units based in local policing areas at Carlisle, Workington and Barrow. 7.10.1 The Constabulary will ensure that all MAPPA Category 1 offenders subject to ‘notification requirements’ as defined in Part 2 Sexual Offences Act (2003) (c.42):  Register, as required by the Act, and that all breaches of the notification requirements are promptly followed up and appropriate action taken;  Are assessed using RM200010;  Are regularly visited. The actual number of visits an offender will receive will be based on the level of risk the offender poses, as assessed by the MAPPA partners and documented in the corresponding RMP for the individual concerned. Normal practice will be for low risk offenders to be visited every 12 months, medium risk every 6 months, high risk every 3 months, and very high risk monthly. National Offender Management Service 7.11 The background to the involvement of the National Offender Management Service (‘NOMS’) is set out in Section 3.1(iii) above. NOMS participation in MAPPA within Cumbria will be represented through involvement of both HM Prison Service and Cumbria Probation Trust. HM Prison Service 7.11.1 Whilst the only HM Prison which is sited within Cumbria is the Category C men’s prison at Haverigg, the partners recognise that any prison could potentially be involved in the management or supervision of Cumbria MAPPA offenders. They therefore agree that representatives from any UK prison will be invited to become involved in contributing to or participating in relevant risk assessments, processes and sharing of information as necessary to support Cumbria MAPPA, at the discretion of the MAPPA Co-ordinator. 7.11.2 The partners note that in addition to the MAPPA Guidance, the ‘Prison Service Public Protection Manual 2009’ 11 also outlines the role and contribution of HM Prison service to MAPPA in general, and that with regard to HM Prison Haverigg, the provisions of the ‘Public Protection Policy and Procedures HMP Haverigg 2009’ will also apply. The partners agree that HM Prison Service will have sole discretion to interpret how these documents will be applied in relation to their roles as part of Cumbria MAPPA. 7.11.3 HM Prison Service will ensure that all MAPPA offenders sentenced to custody are identified following reception at the relevant prison and that the prison case management system is marked accordingly. They should not seek to assign MAPPA Levels to offenders, just note that they are subject to MAPPA. 7.11.4 HM Prison Service will also:  Share in the assessment and management of risks identified in relation to all MAPPA offenders who have been, or remain, in custody  Participate as needed in sentence planning meetings

10 Risk Matrix 2000 – See MAPPA Guidance Section 7. 11 The Prison Service Public Protection Manual v4.00 was published by the Ministry of Justice January 2009. NOT PROTECTIVELY MARKED Cumbria MAPPA Memorandum of Understanding v2.00 Page 14 of 26

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 Participate in MAPPA Level 2 and 3 cases where the offender is still in custody, preferably through attendance at MAPP meetings. If this is not possible, they should participate through video/telephone conferencing, or as a minimum by providing a comprehensive written report using MAPPA F from the MAPPA Document set which can be found within the MAPPA Guidance.  Advise MAPPA colleagues concerning internal prison systems and procedures where this is relevant to any risks associated with the individual, for example procedures around transfer between establishments, or regime programmes  Engage in the MAPPA processes as set out in the Guidance to inform parole reports and risk management plans  Share information with the other partners as necessary to enable released offenders to be managed safely in the community 7.11.5 Management of offenders during their time of custody will also be monitored through the holding of multi-agency meetings at the prison, which will be known as Local Risk Management Meetings (LRMM), and which will include attendance by the Offender Manager from the Probation Service (see Section 7.12 below). 7.11.6 The Prison Service will ensure that release date information is provided to both the Police and the Offender Manager in the Probation Service at the earliest opportunity following the commencement of sentence, and, where possible, at least 6 months prior to parole eligibility date or actual release date. It is essential that release dates are as accurate as possible as late changes can have an adverse effect upon risk management and public protection. Cumbria Probation Trust 7.12 Cumbria Probation Trust (‘Probation Service’) will be responsible for the management of MAPPA Category 2 offenders aged 18 and over who are sentenced to 12 months custody or more, if they are released on licence. Those sentenced to 12 months custody of more who are released on licence but aged under 18 will be managed by the Youth Offending Service. 7.12.1 The Probation Service will attend sentence planning meetings and LRMM’s (see Section 7.11.5 above), and ensure that for any offender released on licence but remaining subject to supervision;  the risk presented by the offender will be assessed prior to release, a risk management plan put in place, and the person will be managed according to Probation National Standards12.  consultation and collaboration will take place with the other MAPPA partners concerning the management of registered sexual offenders. 7.12.2 The Probation Service will always nominate an Offender Manager for individuals sentenced to a term in custody, and who will attend multi-agency meetings at the prison (as set out in section 7.11.5 above). 7.12.3 In some cases, Cumbria Probation Trust may also provide accommodation services, known as ‘Approved Premises’, for offenders who are either on bail and have nowhere else to live, or who are on licence from prison and are ordered by the Court to live there. The partners note that offenders accommodated at Approved Premises may be made subject to strict supervision and curfews, and required by Cumbria Probation Trust to compulsorily attend activities and programmes intended to turn them away

12 ‘National Standards for the Management of Offenders: Standards and Implementation Guidance 2007’ is published by the Ministry of Justice. NOT PROTECTIVELY MARKED Cumbria MAPPA Memorandum of Understanding v2.00 Page 15 of 26

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from crime. If offenders fail to abide by these guidelines, they can be sent to Court or returned to prison and lose their place at the Approved Premises. MAPPA Co-Ordinator 7.13 The Responsible Authorities will appoint a MAPPA Co-ordinator to act as a liaison point between all MAPPA partners or participants in Cumbria, and to take the lead in ensuring that MAPPA processes are adhered to and the statutory requirements placed upon the partners are fulfilled. 7.13.1 The MAPPA Co-ordinator, in conjunction with the MAPPA Referral Panel, will also act as a ‘gatekeeper’ for referrals made by the partners as described in Section 5.5 above.

‘Duty to Co-operate’ Partner Organisations 7.14 Section 325(3) of the Criminal Justice Act (2003) imposes a “Duty to Co-operate” with the MAPPA Responsible Authority (RA) on various organisations providing public services. 7.15 The signatories to this agreement who represent DTC organisations as listed in Section 3 above undertake to ensure that the statutory requirements placed upon them under MAPPA are fulfilled, and also that the measures that they need to take to fulfil these obligations will be incorporated in relevant internal procedures and protocols within their own organisation, in relation to: • Working together to protect the public • Ensuring defensible decision making13 at all times • Working with partner organisations where the responsibilities and work of their own organisation affects another MAPPA partner • Sharing information as necessary to fulfil joint-working commitments made to others, including those made under this agreement • Committing resources to prioritising actions required by the CJA in relation to MAPPA, and as necessary to ensure their ability to contribute effectively to this agreement • Seeking consensual resolution of difficulties when they arise • Ensuring anti-discriminatory practice in relation to their partnership working. 7.16 DTC Agencies will specifically participate in relation to Cumbria MAPPA by; • Nominating sufficient points of contact (SPoCs – see Section 7.28 below) to act as liaison points for working with the other partners under this agreement • Attending and actively contributing to Risk Management Meetings/Plans or other meetings convened for MAPPA purposes • Providing advice about the assessment and management of particular cases • Advising from their professional perspective on any broader issues which may affect the operation of MAPPA more generally • Sharing information about named individual persons as and when appropriate to support decision-making and risk assessment concerning anyone being considered under MAPPA arrangements, and thereby enable the Responsible Authority and the ‘Duty to Co-operate’ bodies to work together effectively. Cumbria Youth Offending Service 7.17 The Cumbria Youth Offending Service (‘YOS’) will be responsible for the management of MAPPA Category 2 offenders aged under 18 who are sentenced to 12 months custody or more, if they are released on licence.

13 as defined in MAPPA Guidance Section 21.3 NOT PROTECTIVELY MARKED Cumbria MAPPA Memorandum of Understanding v2.00 Page 16 of 26

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7.17.1 The YOS will also have responsibility for the supervision of all young people who have received a Community Order14, and will also assess whether they meet the necessary criteria for referral to MAPPA. Young offenders who have committed serious harm and who are found to be eligible will be subject to MAPPA processes in the same way as are adult offenders. Where such individuals meet MAPPA criteria, they will be referred to the MAPPA Co- ordinator by the YOS as set out in Section 5 above. Following referral, Cumbria YOS should then attend MAPP meetings as appropriate to support the MAPPA purposes set out in this document and as required under MAPPA Guidance. 7.17.2 As the MAPPA co-ordinator does not have routine access to case records of MAPPA-eligible offenders held by the YOS, the YOS should therefore notify the MAPPA coordinator of relevant MAPPA offenders who:  are subject to statutory supervision in the community by YOS; or  will be subject to statutory supervision in the community by YOS once released, and their release date is within the next 6 months It is recommended that this information is provided using the updated version of MAPPA Form H attached as Appendix F 15. Other young offenders may be eligible for MAPPA under Category 3. Alerting the RA about these offenders should be dealt with by referral to Level 2 or 3 as detailed in Section 11.3 in the MAPPA Guidance. 7.17.3 In support of these processes, Cumbria YOS agree that separate Single Points of Contact (SPOCs - see Section 7.28 below) will be established for each of their administrative offices in Carlisle, Maryport and Barrow. The YOS will be represented at MAPP meetings by a senior YOS manager, and at SMB meetings (see Section 8.1 below) by a representative authorised by the manager from the YOS office concerned. Cumbria Jobcentre Plus 7.18 The background to the involvement of Cumbria Jobcentre Plus is set out in Section 3.2 (xiv) above. 7.18.1 Cumbria Jobcentre Plus agrees that separate Single Points of Contact (SPOCs – see Section 7.28 below) will be established to represent them in Cumbria MAPPA, on behalf of their offices in North, South and West Cumbria respectively, and that one of these SPoCs will attend MAPP Level 2 and Level 3 meetings as appropriate, should a need arise for a MAPPA subject to be referred to them. 7.18.2 Cumbria Jobcentre Plus will also receive specific information on a quarterly basis from RA partners, including names and dates of birth of individuals who have received a Disqualification Order imposed under sections 28-29A of the Criminal Justice and Court Services Act (2000) in relation to permitted types of employment16. This information will normally be provided by Cumbria Constabulary or the MAPPA Co-ordinator by e-mail to a dedicated [email protected] account for the attention of the Partnership Manager. Information received in this way will be flagged on relevant CJP systems for those individuals named but will not include any specific information in relation to the Order. It will instead only indicate to users of the system that reference should be

14 For the purpose of this agreement, ‘Community Order’ means either a COMMUNITY PUNISHMENT AND REHABILITATION ORDER, COMMUNITY PUNISHMENT ORDER or COMMUNITY REHABILITATION ORDER 15 This Form H replaces the MAPPA Form F provided in the MAPPA Guidance v3.00 Appendices ‘MAPPA FORM F’, pg 289 – 290. 16 See also MAPPA Guidance v3.00 Section 4.13 (c) NOT PROTECTIVELY MARKED Cumbria MAPPA Memorandum of Understanding v2.00 Page 17 of 26

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made to a supervising officer as to the suitability of particular employment opportunities for the individual concerned. Cumbria County Council Children’s Services (‘Children’s Services’) 7.19 Cumbria County Council Children’s Services as the relevant children’s services authority will undertake the responsibilities set out in MAPPA Guidance s 24.7.3. 7.19.1 Through the Director of Children’s Services, the local authority is responsible for the Cumbria Local Safeguarding Children Board whose members share a statutory duty to safeguard and promote the welfare of children. 7.19.2 Children’s Services, together with the other agencies/authorities listed in s.11 Children Act 2004, will adhere to the statutory guidance in respect of the functions of the LSCB to safeguard and promote the welfare of children set out in ‘Working Together to Safeguard Children’ (2010). These duties also complement the principles of joint working and the Duty to Co-operate contained in the MAPPA Guidance, and in turn reflects the Responsible Authority partners’ participation on the LSCB. Local Housing Authorities 7.20 The background to the involvement of Housing Associations in relation to MAPPA is set out in Section 3.2 (xv) above. 7.20.1 The allocation of settled social housing by a Local Housing Authority (either from within its own stock or through a nomination to a housing association) is governed by Part 6 of the Housing Act (1996). Housing Authorities are required to have and to publish an allocation scheme for determining priorities and for defining the procedures to be followed in allocating housing accommodation, and must allocate in accordance with that scheme. 7.20.2 Given the importance of accommodation in the resettlement of offenders and hence in the assessment and management of risk, Local Authority Housing representatives can make an important contribution to MAPPA. This will not necessarily derive from a specific duty to accommodate an offender, but their advice about accommodation and the procedures through which it is allocated and the suitability or otherwise of particular housing stock will provide a valuable basis for the MAPPA partners to consider the most suitable options available for a given individual. Some individuals are specified within legislation as having ‘priority needs’, for example a person who is vulnerable as a result of time spent in custody is regarded as having a ‘priority need’ for accommodation under homelessness legislation. In some instances, authorities must secure accommodation for such ‘priority need’ cases until a settled home becomes available, or some other circumstance brings the duty to an end. 7.20.3 The primary role of Housing Authorities in relation to their contribution at MAPPA meetings will be to advise on accommodation options for victims and offenders, and provide information on tenancy related issues so that risks of future harm can be averted wherever possible. This type of information could typically include such matters as:  Property location, for example proximity to a school or nursery  Suitability of housing which would give informal contact with a person such as a concierge, caretaker, or support worker  Provision of any necessary specialist supported accommodation  Any potential risks that might be posed to other tenants  Knowledge of previous tenancies associated with the offender which may be relevant to other agencies at the meeting.

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7.20.4 With regard to Cumbria MAPPA, the Housing Authority partners will therefore establish a single point of contact in each area of Cumbria, and ensure attendance as necessary at Level 2 and Level 3 MAPP meetings, in order that they can advise on any relevant housing issues and thereby contribute to the Risk Management Plan.17 7.20.5 Where a Housing Provider intends to seek eviction or the termination of a tenancy held by an offender who is subject to MAPPA they will, at the earliest opportunity, advise the supervising Offender Manager and the local Police Public Protection Officer that this action is being considered or pursued. The partners acknowledge that a decision to evict/terminate a tenancy is never undertaken lightly or without good reason and will usually only arise where the risk(s) posed by the person remaining at the accommodation outweighs the risks of ongoing or future harm if they leave. Nevertheless, the partners recognise that in some circumstances removing an offender from a location where the risk is to some extent being managed could seriously increase the risks presented by the offender elsewhere. Therefore, where eviction is to be pursued, the partners agree that it is critical that this is managed in such a way as to take public protection matters into account. 7.20.6 The partners note that in some instances, the Probation Service may undertake action whereby the offender’s post-release licence is revoked and the offender is returned to prison. This decision may even be taken independently of MAPPA, that is, without a multi-agency discussion taking place first, although it is likely that the MAPPA risk management plan would refer to the possibility of recall as a management option. 7.20.7 A situation may also arise whereby an offender provided with accommodation by a Housing Authority is then charged with further offences, resulting in either licence revocation or, if convicted, in an additional term of imprisonment. In such circumstances, where a tenant is removed from his or her tenancy, the designated Offender Manager will ensure that the Housing Provider is kept informed and advised of key or significant developments relating to the recall process and any subsequent further convictions that may arise. Registered Providers 7.21 Registered Providers (‘RP’s’) are landlords that are registered with a Housing Corporation. All of the RP’s within Cumbria MAPPA are housing associations as well, but RP’s can also be trusts, co-operatives or companies. 7.21.1 The Duty to Co-operate of a RP with Cumbria MAPPA in a given case will be integral to any applicable service level agreements established between the RP and the Local Housing Authority concerned. Offenders are dealt with according to their eligibility according to housing law, local policies and priorities. Whilst offenders must not be unfairly discriminated against on the grounds of their offending, neither does a Duty to Co-operate place an extra obligation on a Housing Authority to accommodate them. 7.21.2 Where relevant, the RP should liaise with supervisors of the offender or representatives of the MAPPA partners about an offender’s behaviour as a tenant, and if necessary, attend Level 2 or Level 3 meetings. They will also warn of any concerns relevant to public safety should these arise. Where an existing tenant of a RP becomes subject to Cumbria MAPPA, the relevant point of contact at the RP organisation will be informed by the supervising Responsible Authority agency, to ensure continuing liaison as outlined above, and based on the risk assessment of the circumstances in each case.

17 For more information on the role of Housing within MAPPA, the Cumbria MAPPA Housing Protocol is available from the MAPPA Co-ordinator. NOT PROTECTIVELY MARKED Cumbria MAPPA Memorandum of Understanding v2.00 Page 19 of 26

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7.21.3 RP’s should then participate in subsequent MAPPA enquiries, reviews, assessments or meetings as needed, at the discretion of the MAPPA Co-ordinator, on a case by case basis. Health Bodies 7.22 A Duty to Co-operate under MAPPA is imposed upon a range of Health Trusts and Health Authorities, and in practice the complex structure of NHS Trusts can result in a variety of health practitioners and administrators becoming involved in MAPPA for a given individual. The partners note that Mental Health Trusts frequently become involved where a MAPPA case involves offenders / patients with a history of mental disorder as, by definition, an offender / patient who commits a serious sexual and/or violent offence and who receives a hospital or guardianship order automatically qualifies as a MAPPA offender / patient18. 7.23 'The partners agree that relevant offenders in relation to Mental Health will be as defined in the MAPPA Guidance Section 4.3. However, in addition to those offenders defined in Section 4.3, in relation to Cumbria MAPPA, health service providers will also refer any of the following cases into MAPPA through the MAPPA Co-ordinator:  Offenders / patients made subject to a hospital or guardianship order under s.37 Mental Health Act (1983) (as amended) - (‘MHA’)  Offenders / patients with restriction orders under s. 41 of the MHA 7.23.1 On discharge, a s.37 MHA offender / patient will no longer be a MAPPA offender. However an offender / patient with a restriction order issued under s.41 MHA will continue to be a MAPPA offender when they receive a conditional discharge. In the latter case, the MAPPA Coordinator must be updated 6 months prior to conditional discharge where the discharge will be 6 months or longer in the future, or as soon as possible in all other cases. As the MAPPA co-ordinator does not have routine access to case records of MAPPA-eligible offenders held by mental health services, it is therefore recommended that the information is provided using MAPPA Form G attached as Appendix G19. In all instances, the notification must include an assessment of potential risks of serious harm, details of any identified victims, and how these risks are to be managed in the community as part of the Risk Management Plan. 7.23.2 Whilst referrals of the individuals to MAPPA will be made as described in 7.23 above, Cumbria Teaching Primary Care Trust and Cumbria Partnership NHS Foundation Trust will be the lead agencies for assessing and managing risk for these offenders / patients until such time as they receive an absolute discharge from their care. 7.24 Hospitals where offenders are detained have a responsibility to notify the owning MAPPA area when a MAPPA offender is admitted to hospital, and to notify the area to which the offender/patient is likely to return as soon as the prospect of the patient’s transfer or discharge is being considered. 7.25 Cumbria Teaching PCT and Cumbria Partnership NHS Foundation Trust should attend all MAPPA Level 2 and Level 3 meetings where risks relating to a patient / offender under their care are being assessed. Ideally, this should be a previously nominated single point of contact (SPoC) for the area of Cumbria concerned, although at times it may be appropriate to include other professionals from either Trust as befits the circumstances of the case and the needs and priorities of the NHS Trust(s) involved.

18 MAPPA Guidance v3.00 Section 24.7.7 19 This Form G replaces the Form G provided in the MAPPA Guidance v3.00 Appendices ‘MAPPA FORM G’, pg 291 - 292 NOT PROTECTIVELY MARKED Cumbria MAPPA Memorandum of Understanding v2.00 Page 20 of 26

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7.26 The partners note that the Health Trusts’ MAPPA/MARE Referrals protocol may also be relevant in some instances. G4S Care & Justice Services Ltd (‘G4S’) 7.27 The background to the involvement of G4S is set out in Section 3.2 (xvii) above, with their inclusion as part of Cumbria MAPPA being based on their provision of services connected with some Risk Management Plans. 7.27.1 In practical terms, their Duty to Co-operate is synonymous with their contractual responsibilities, and will therefore include: • Providing a point of contact for advice to the RA on available technology which might support risk management decisions taken at MAPPA meetings • Attending MAPP meetings (generally only Level 3 MAPPA meetings) when the needs of a particular case makes this appropriate • Attending SMBs (see Section 8.1 below) as and when required, to provide comment and advice on policy and practice relating to electronic monitoring.

Single Points Of Contact (SPoCs) 7.28 The partners recognise that there will frequently be a need for different parts of their respective organisations to become involved in a particular case, depending upon the circumstances at hand and the potential for harm. 7.28.1 In order that the most appropriate resources can be brought together as quickly as possible, each partner organisation involved in a given case will identify one or more individual role-holders to act as ‘single points of contact’ (SPoC’s) for that case, as appropriate to the involvement of the different departments of their respective organisations. 7.28.2 The number of SPoC’s appointed will be at the discretion of each partner, with the proviso that:  all partners must nominate at least one SPOC for each case with which they are involved  there must be sufficient resource to ensure that their statutory obligations under MAPPA can be fulfilled, including adequate cover for absences, leave, and rest days. 7.28.3 SPoC’s will have responsibility to attend MAPPA meetings when called upon to do so, and to manage, co-ordinate and disseminate requests for information and responses within their own sections or departments to ensure that those with a professional need to know for the case concerned are properly informed about the case they are involved in, so that they are as fully equipped as possible to support and protect the interests and welfare both of themselves, and of any individuals under their care. This will therefore include: a) facilitating the notification to partners of MAPPA-eligible offenders before release or discharge b) liaising between the Police, Probation and Prison Services with regard to exchanging information required to support assessments of the category and MAPPA level of management appropriate to each case c) acting as a consistent source of support for staff and other agencies d) providing specialist knowledge and identifying training needs for their respective organisations 7.28.4 SPoC’s must also ensure that shared information received and passed to other staff or colleagues is only used for the purposes for which it is requested or supplied, and that any requests initiated from within their section or department for information from NOT PROTECTIVELY MARKED Cumbria MAPPA Memorandum of Understanding v2.00 Page 21 of 26

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the other partners meet a statutory obligation, statutory power, or other authorised purpose as set out in Section 4 above. 7.29 Where a number of SPoC’s have been nominated within different parts of a single organisation, each of these will also be responsible for ensuring that procedures within their section are in place to support the decision-making and information sharing processes set out in this agreement, as necessary to make it effective. 7.29.1 This will include ensuring that their contact details are made available to the other partner organisations and that they are kept up to date. 7.30 The partners agree that, for security reasons, contact details of all SPoC’s or other nominated representatives will be exchanged privately between the partners, and not published as part of this agreement. 7.31 SPoCs are also responsible for ensuring that any information shared by their organisation or department is accurate and in line with existing national or local standards where applicable. If inaccuracies or errors are later found to exist in information that has already been shared, this is to be notified by the partner discovering the error to the originator, who must then further advise all relevant recipients to whom the incorrect information has also been sent, as appropriate. 7.32 Where information that has been requested also identifies a victim or witness, it is the SPoC’s responsibility to ensure that their written consent is obtained prior to the information being shared.

8 Specific Procedures Strategic Management Board 8.1 In order that the RA can carry out its duties and functions in reviewing MAPPA arrangements effectively, the RA partners agree that they will lead and participate in a Strategic Management Board (‘SMB’) at which all MAPPA related matters will be discussed and reviewed from a performance perspective. 8.2 They agree that these meetings will include senior representatives of each of the RA and DTC agencies as below:  Cumbria Probation Trust – Assistant Chief Executive Officer level  Cumbria Constabulary – Police Officer of Superintendant rank or above  HM Prison Service – Area Manager level  MAPPA Co-ordinator  Lay Advisers  Health – representation from Cumbria Teaching Primary Care Trust, Cumbria Partnership NHS Foundation Trust at Senior Manager level  Carlisle City Council - Housing – Senior Manager level  Local Authority Social Care Services – Senior Manager level  Youth Offending Service – Service Head level  Jobcentre Plus – Area Manager Level  NSPCC – Senior Manager level  Cumbria Action for Social Support (CASS) – Senior Manager level 8.3 The SMB in Cumbria will be co-chaired on a rotational basis by Cumbria Constabulary and Cumbria Probation Service, and also produce an annual report covering all aspects of MAPPA business and its implementation in Cumbria.

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Methods Used to Share Information - Exceptional Circumstances 8.4 If a partner which owns information which they are contemplating sharing considers that special circumstances exist in relation to it, for example in unusually sensitive cases such that normal arrangements for sharing information are insufficiently secure, then an alternative method may be selected at the discretion of the partner owning the information. For example, such cases may arise where the Caldicott principles concerning patient confidentiality, or some types of police information, are involved. In such cases, due regard to the urgency of the need for the information by the intended recipient(s) will also be taken into account. In addition, special terms or conditions relating to the handling, storage, destruction, or any other matter relating to the information may also be imposed on a case by case basis. Urgency 8.5 Information may be exchanged by telephone in cases of emergency, for example, where there is an imminent risk of violence or harm. Where this need arises, the fact of the information having been shared using insecure means must be:  advised to the original owner of the information at the earliest opportunity, if the partner passing it on was not the original owner  reported to the next MAPPA meeting for the individual concerned and recorded in the minutes Disclosure of Information to Non-MAPPA Organisations 8.6 All risk assessments concerning MAPPA offenders will include identification of those persons who are considered to be most at risk of serious harm. The Risk Management Plan must then identify how those risks will be managed. As part of this process, consideration must therefore also be given in each case as to whether disclosure of information about an offender to a partner organisation outside the MAPPA partners may be appropriate, for example to protect victims, potential victims, staff, or other persons in the community. This applies to all Categories and Levels of MAPPA cases. 8.7 Where such circumstances arise, information may only be disclosed to such an outside person or agency where either:  it is considered necessary to reduce the risk of serious harm, and  it is essential to enable the Risk Management Plan to be effectively implemented, or is necessary to support public protection 8.7.1 In some instances, it will be preferable for the offender to be aware that disclosure is taking place and, if circumstances allow, that they make the disclosure themselves in the presence of a Police Officer and/or their Offender Manager. Alternatively, the disclosure could be made by a police officer or Offender Manager in the presence of the offender, and confirmed by them. 8.7.2 However, there will be other cases where informing the offender that disclosure is taking place could increase the potential risks to the victim(s) and, in those cases, the offender will not be informed. 8.8 Disclosure to any organisation which is not party to this agreement should be agreed beforehand at the relevant MAPP meeting. 8.8.1 For Level 2 / 3 meetings, the MAPP Level 2/3 meeting itself can make the decision to disclose, and any decisions taken on disclosure must be clearly recorded in the corresponding meeting minutes and on case management records. NOT PROTECTIVELY MARKED Cumbria MAPPA Memorandum of Understanding v2.00 Page 23 of 26

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8.8.2 For all MAPP meetings, level 1, 2 or 3, and even in emergency situations, wherever possible, the decision to disclose should be made on a multi- agency basis and single agency decision making to disclose information on offenders is strongly advised against20.. 8.8.3 For Level 1 cases, the signatories agree that it will normally be sufficient for the decision to be recorded on the case management record. 8.8.4 The MAPPA ‘Disclosure’ leaflet21 should also be referred to and completed as necessary. Victims and Victims Code of Practice 8.9 Cumbria Probation Trust has a statutory duty22 to consult and notify victims of sexual or other violent offences about the release arrangements for offenders who have been sentenced to 12 months or more in custody. This statutory duty is reinforced by the requirement of the Victims Code23, and also supports the principles of the Victim Contact Scheme through which Victim Liaison Officers provide eligible victims with information about offenders’ sentences at key stages. 8.10 Victim Liaison Officers (VLO’s) have a key role to play in MAPPA. It is important that they are either represented at Level 2 and Level 3 MAPP meetings in cases where they are actively involved with a victim, and that they attend any MAPPA Level meeting where there are victim issues that require attention. 8.11 The partners recognise the importance of victims within MAPPA, including that it is essential that there is ongoing communication with VLO’s to ensure that victim interests are properly considered and addressed, and that all victim issues are recorded on MAPPA Level 2 or 3 meeting minutes. However, the level of detail of recording of victim information at MAPPA Level 1 meetings will be at the discretion of the chairperson. Media Handling 8.12 Some of the offenders who fall within Cumbria MAPPA will attract significant media interest. In such cases a media protocol has been agreed as part of a MAPPA Communications Strategy, and is available by contacting the MAPPA Co- coordinator. Ending Of MAPPA for an Individual Person 8.13 The partners recognise that the ending of formal MAPPA for an offender can be a source of anxiety for victims, families, housing providers, and partner agencies such as Community Mental Health Teams. They therefore agree that full notification of the circumstances of each case where MAPPA cease for a person will be provided to all parties involved, by the Offender Manager, at the earliest opportunity so that the need for any further or ongoing support, for example to victims, can be assessed. 8.14 If necessary, a partner may request that a MAPP meeting be reconvened for an individual who has previously ceased to be managed under MAPPA, for example where issues resurface or new risks relating to the individual arise. In these cases,

20 MAPPA Guidance Section 6.2 21 Disclosure leaflets and accompanying forms are available from the MAPPA Co-ordinator 22 Domestic Violence, Crime and Victims Act (2004) and Probation Circulars 62/2001, 29/003 and 42/2005 23 ‘The Code of Practice for Victims of Crime – A Guide For Victims’ (July 2009) is published by the Office for Criminal Justice Reform (Ministry of Justice, the Home Office, and the Attorney General’s Office) and outlines the minimum standards victims can expect to receive from a number of criminal justice agencies. NOT PROTECTIVELY MARKED Cumbria MAPPA Memorandum of Understanding v2.00 Page 24 of 26

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the partner wishing to arrange the meeting should contact the MAPPA Co-ordinator in the first instance to agree the best way forward.

9 Review, Retention & Disposal of Shared Information 9.1 The signatories undertake that information received under the terms of this agreement will be retained securely, will only used for the purposes set out in the Criminal Justice Act, MAPPA Guidance, or this agreement, and will be securely disposed of it when it is no longer needed. Review Of Shared Information Within Partner Organisations 9.2 Files containing information shared by the other partners will be reviewed in accordance with each organisation’s own internal policies and procedures. The signatories each accept responsibility on behalf of their respective organisations for ensuring that all such policies and procedures comply with all relevant guidelines (including statutory requirements) concerning its storage, processing and retention, including the Data Protection Act 1998, the Human Rights Act 1998 and any other legislation which may be applicable. Retention Of Shared Information 9.3 The partners note that the retention guidelines within their respective organisations differ, and consider that it is impractical to seek to hold shared information within their files in accordance with the individual requirements of the partner that provided it, on a case-by-case basis. They therefore agree that information shared by a partner under this agreement will be retained by the recipients in accordance with the recipients own guidelines, alongside any statutory requirements which may be applicable, and that this may involve them holding it longer than the partner that provided it. This will therefore include that the recipient must accept the risk that they may be unable to substantiate information received from another MAPPA partner where their guidelines cause the information to be held after the original provider has disposed of it, and that responsibility for ownership of the information for data protection purposes will rest solely with the recipient from that time. Storage & Disposal 9.4 Information shared by partners may be stored electronically and/or in paper form for example as part of ‘case files’, depending on the organisation involved. 9.5 Paper records will have access limited to those with a professional need to know, be stored in a locked cabinet in a locked room when not in use, and be destroyed by cross-cut shredding or incineration when they are no longer required. 9.6 Electronic records will be protected by user authentication processes to include user id’s and password protection. When electronic records are no longer required, they must be deleted electronically, and the system storage devices themselves securely disposed of when they are replaced or taken out of service. 9.7 Where electronic back-up systems are in place, there is no need for these back-up records to also be deleted provided that their continued use will cause the data to be overwritten within a six month timescale. 9.8 If for any reason a partner requires to withdraw from this Protocol, it must provide not less than one month’s written notice to the MAPPA Co-ordinator. Information which is no longer relevant must then be destroyed or returned, and the partner must continue to comply with the terms of this agreement in respect of any information that it has obtained through being a signatory.

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10 Review of this Memorandum of Understanding 10.1 This MoU may be reviewed at any time at the request of any partner. The partners also agree that it will be reviewed annually as a matter of course to establish that it remains fit for purpose. 10.2 The partners agree that Cumbria Constabulary will hold the original signed copy of the agreement, but will provide electronic copies (including copies of signatures) to all partners upon request. 10.3 This MoU is based on the national template for Information Sharing which forms part of the guidance issued on the Management of Police Information by ACPO and the Home Office.

11 Indemnity 11.1 In the event of any partner receiving a complaint concerning the information sharing process, they will notify the other partners in writing as soon as practicable, in order that a collective decision can be made on how to respond. 11.2 All MAPPA partners, as participants to this agreement will accept total liability for a breach of this Information Sharing Agreement by them, should legal proceedings be served in relation to the breach.

12 Signatures 12.1 The signatories agree that the procedures laid down in this document provide an acceptable framework for the sharing of information between themselves, and that it is in a manner compliant with their statutory and professional responsibilities. 12.2 The signatory for all partner agencies is a senior member of staff who can be held accountable for the processing of information, and they note that the signatory for Cumbria Constabulary has been delegated by an ACPO rank officer as the Chief Information Officer. 12.3 The signatories to this agreement undertake to: Implement and adhere to the procedures and structures set out in this agreement. Ensure that where these procedures are complied with, then no restriction will be placed on the sharing of information other than those specified within this agreement. Engage in a review of this agreement twelve months after its implementation and annually thereafter. 12.4 The signatories accept responsibility for implementation of the terms of this agreement within their own organisations, and agree that staff will be trained so that requests for information, and the information sharing process itself, will be managed to ensure that the purposes of the agreement can be met. 12.5 Signatories must ensure that they comply with all relevant legislation.

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Cumbria MAPPA Memorandum of Understanding v2.00 – Signatory Pages

PARTNER AGENCY ADDRESS RANK /POSITION SIGNATURE

National Offender Management NOMS North West, Alan Scott Service Stirling House, Deputy Director of Custodial Ackhurst Business Park, Services NOMS NW Foxhole Road, Chorley, PR7 1NY Cumbria Probation Trust Lime House Assistant Chief Executive Officer The Green, Wetheral Mike Craven Carlisle

Cumbria Constabulary Cumbria Police HQ, Chief Information Officer – Carleton Hall, Det Supt Thundercloud Penrith

Cumbria Constabulary Public Cumbria Police HQ, Head of Public Protection Unit – Det Protection Unit Carleton Hall, Supt Paul Smith Penrith

Cumbria Teaching Primary Care Wavell Drive, Director of Corporate Affairs (Acting Trust Rosehill, SIRO) - Ross Forbes Carlisle, CA1 2SE North Cumbria University Hospitals Cumberland Infirmary, Director of Finance (SIRO) - Alistair NHS Trust Newton Road, Mulvey Carlisle, CA2 7HY Cumbria Partnership NHS Carleton Clinic, Director of Business Development Foundation Trust Cumwhinton Drive, (SIRO) – Michael Smillie Carlisle, CA1 3SX

CUMBRIA MAPPA Memorandum of Understanding v2.00 - Signatories: Page 1 of 4

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University Hospitals of Morecambe Royal Lancaster Infirmary, Information Governance Manager Bay NHS Foundation Trust Ashton Road, - Julie Buckley Lancaster, Lancashire, Cumbria County Council - 5 Portland Square Senior Manager, Safeguarding & Children’s Services Carlisle Child Protection - Charles Proctor CA1 1PU Cumbria County Council - Local 5 Portland Square Local Safeguarding Board Manager Cumbria Safeguarding Children Carlisle (LSCB) – Board CA1 1PU Lynda Maudlin

North West Specialised Quayside Secure Commissioner Commissioning Group (‘NWSCG’) Wilderspool Park North West Specialised Greenalls Avenue, Stockton Heath Commissioning Team – WA4 6 HL Rachel Sutton Cumbria County Council Adult and Adult Social Care Safeguarding Adults Manager - Local Services Directorate Cumbria County Council County Irene Cooper Offices, Kendal LA9 4RQ Youth Offending Service 1st Floor, East Wing, YOS County Manager (temporary) - Parkhouse Building Amrik Panaser Baron Way, Carlisle CA6 4SJ

Cumbria Action for Social Support 47 Nelson Street, Neil Waller (CASS) Carlisle Director CA2 5NE

NSPCC 7 Chatsworth Square Children’s Services Manager CARLISLE (Cumbria) – Iain McKay CA1 1HB

Church of England Church House, Diocesan Secretary - West Walls Derek Hurton Carlisle CUMBRIA MAPPA Memorandum of Understanding v2.00 - Signatories: Page 2 of 4

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Catholic Church Pastoral Centre The Rt. Rev. M Campbell OSA Balmoral Road Bishop Of Lancaster Lancaster LA1 3BT Methodist Church (not published) Cumbria District safeguarding Officer - Brian Masterson

Lay Adviser - Harry Storrow (not published) Harry Storrow

Lay Adviser – Alan Rawsthorne (not published) Alan Rawsthorne

Carlisle City Council 7th Floor Homelessness, Prevention & Civic Centre Accommodation Services Manager Carlisle, – Tammie Rhodes CA3 8QG Eden District Council Mansion House Head of Environmental Services - Friar Gate Julie Monk Penrith CA11 7YG Allerdale Borough Council Allerdale House Allerdale BC Housing Services Workington Manager - Richard Battye CA14 3YJ

Copeland Borough Council The Copeland Centre, Strategic Housing Manager - Catherine Street, Laurie Priebe Whitehaven, Cumbria, CA28 7SJ

South Lakes District Council South Lakeland House Principal Housing Solutions Advisor Lowther St, Kendal - Charles Anderson Cumbria LA9 4UD CUMBRIA MAPPA Memorandum of Understanding v2.00 - Signatories: Page 3 of 4

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Barrow Borough Council Cavendish House, Housing Manager, Barrow BC 78 Duke Street Housing Dept - Colin Garnett Barrow LA14 1RR Riverside English Gate Plaza Assistant Director Operations - Botchergate Paul Taylor Carlisle CA1 1RP Eden Housing Association Blain House, Bridge Lane, Assistant Director Housing Support Penrith, – Carolyn Greenhalgh CA11 8QU Derwent & Solway Housing Derwent and Solway Housing, Operations manager - Amanda Association Stoneleigh House, Pyper Park End Road, Workington Impact Housing Association Ltd Let Go Integrated Domestic Violence 3 Chatsworth Square Service Manager - Joanne Scarlett Carlisle CA1 1HB South Lakes Housing Ltd Little Aynam House Business Support Manager - Little Aynam Susan Boulton Kendal LA9 7AH Home Group Ltd Copeland Homes, Head of Customer Service – The Copeland Centre, Andrea Thorn Catherine Street, Whitehaven, Cumbria, CA28 7SJ Cumbria Jobcentre Plus Kentmere House Lili Hurst 1 Blackhall Road Cumbria Drugs Co-ordinator Kendal LA9 4BS G4S Care & Justice Services Ltd 2nd Floor, Venus Building, Chief Operating Officer, Electronic 1 Old Park Way, Urmston, Monitoring - Steve Rigby Manchester M41 7HA CUMBRIA MAPPA Memorandum of Understanding v2.00 - Signatories: Page 4 of 4

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RESTRICTED / CONFIDENTIAL WHEN COMPLETE (delete as necessary) APPENDIX A

REFERRAL TO MAPPA LEVEL 2/3 MAPPA A

Fields marked with * are mandatory

Name of MAPPA area:

Referral to which level? 2 3

1. CATEGORY OF OFFENDER * All agencies

The offender can fall into only one of the MAPPA Categories summarised below. Please place an X against only one of the following three Categories.

1. Registered Sexual Offender

2. Violent or other sexual offender:

Who has been sentenced to 12 months or more custody for an offence under Sch.15 of the Criminal Justice Act 2003; or

Who has been sentenced to 12 months or more custody and is transferred to hospital under s.47/49 of the Mental Health Act 1983; or

Who has been detained in hospital under s.37 of the Mental Health Act 1983 with or without a restriction order under s.41.

3. Other dangerous offender – has been cautioned for or convicted of an offence which indicates that he or she is capable of causing serious harm AND which requires multi-agency management. This might not be for an offence under Sch.15 of the Criminal Justice Act 2003.

2. OFFENDER INFORMATION

Last name: * All agencies

First name: * All agencies

Date of birth: * All agencies

Aliases All agencies (including nicknames):

Prison: All agencies

Prison number: All agencies

Last known address before All agencies sentence:

Proposed release address: * All agencies

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Current address if in * All agencies community:

Gender: * All agencies

Ethnicity: * All agencies

PNC ID: Police / Probation

ViSOR Reference Police / Probation (must be completed for all Registered Sexual Offenders):

Agency unique identifier: All agencies

3. CONVICTION / CAUTION INFORMATION

Index offence / Relevant * All agencies caution:

Date of conviction / caution: * All agencies

Sentence: All agencies

Brief offence(s) details: * All agencies

Relevant previous All agencies convictions and pattern of offending:

Other relevant information: All agencies

Relevant dates

Automatic Conditional YOT / Probation Release Date:

Parole Eligibility Date: YOT / Probation

Non-Parole Date: YOT / Probation

Licence Expiry Date: YOT / Probation

Sentence Expiry Date: YOT / Probation

Home Detention Curfew: YOT / Probation

Community Order end date: YOT / Probation

Disqualification Order: YES / NO * Police

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Imprisonment for Public YES / NO * Probation Protection:

Extended Sentence for YES / NO * Probation Public Protection:

Lifer: YES / NO * YOT / Probation

Mental Health review Mental Health date(s):

Sexual Offences Prevention YES / NO * Police / Probation Order:

Registered Sex Offender Police / Probation Notification end date:

Violent Offender Order: YES / NO * Police

4. DETAINED IN HOSPITAL Mental Health

Name of responsible clinician:

Hospital:

Earliest possible discharge date:

Proposed release address:

Name / contact details of Forensic Social Worker:

Date of next tribunal:

Please indicate the basis for detention from the options below

Guardianship order – YES / NO s.7/s.37 MHA 1983

Hospital order – YES / NO s.37 MHA 1983

Restriction order – YES / NO s.41 MHA 1983

Transfer from prison – YES / NO s.47 MHA 1983

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RM 2000 Risk of Reconviction [complete for all sexual offenders] Police / Probation

Level Date of assessment

RM 2000 Sexual:

RM 2000 Violent:

RM 2000 Combined:

OASys Risk of Reconviction Prison / Probation

1 year % 2 year % Band Date completed

OGP:

OVP:

OGRS3:

OASys Risk of Serious Harm – (1) Risk in the Community Prison / Probation

V High High Medium Low Date completed

Children:

Public:

Known adult:

Staff:

Prisoners:

OASys Risk of Serious Harm – (2) Risk in Custody Prison / Probation

V High High Medium Low Date completed

Children:

Public:

Known adult:

Staff:

Prisoners:

SARA Assessment [complete for all domestic abuse offenders] Probation CUMBRIA MAPPA Memorandum of Understanding v2.00 – Appendix A MAPPA REFERRAL FORM - Page 4 of 11 RESTRICTED / CONFIDENTIAL WHEN COMPLETE RESTRICTED / CONFIDENTIAL WHEN COMPLETE (delete as necessary) APPENDIX A

High Medium Low Date completed

Risk to partner:

Risk to others:

ASSET Risk of Serious Harm [complete for all offenders under 18] YOT

V High High Medium Low Date completed

Risk of serious harm:

ASSET risk of Date completed reconviction

Mental Health / Psychological Risk Tool Mental Health

Date completed

Lead Agency Risk Assessment Summary * All agencies (Take this information from the Lead Agency Risk Management Tool)

Who is at risk?

What is the nature of the risk?

When is the risk likely to be greatest?

What circumstances are likely to increase risk?

What factors are likely to reduce the risk?

Lead Agency Risk Management Plan * All agencies

Restrictive factors / interventions

Rehabilitative factors / interventions

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6. RELEVANT INFORMATION * All agencies

Reason for referral

What inter-agency work has been undertaken so far?

How will active multi-agency management add value to the management of the risk(s) of serious harm?

Diversity considerations linked to risk of serious harm

Add any other relevant information (e.g. media handling, disclosure, medical issues etc)

7. VICTIM CONCERNS All agencies

Outline any concerns about the victim of the index offence or potential victims:

Has the victim taken up the YES / NO / NOT APPLICABLE / NOT KNOWN * Victim Liaison Service?

If YES, give contact details of VLO

Are there any domestic YES / NO / NOT APPLICABLE / NOT KNOWN * abuse concerns? If YES, answer a to e below a. What are they? b. Has the victim been YES / NO / NOT APPLICABLE / NOT KNOWN * referred to MARAC? c. Has a meeting been held YES / NO / NOT APPLICABLE / NOT KNOWN * / Is a meeting due to be held? d. Date of meeting (if known) e. Actions from MARAC

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8. SAFEGUARDING All agencies

Child Protection Concerns (continue on additional sheet if required)

Are there any child YES / NO / NOT APPLICABLE / NOT KNOWN * protection concerns? If YES, answer a to c below a. What are they? b. Is there an allocated social worker? If so, please give details c. Is the child or children YES / NO / NOT APPLICABLE / NOT KNOWN * currently subject to a Child Protection Plan?

Child 1

Last name:

First name:

Date of birth:

Gender:

Relationship to offender:

Child 2

Last name:

First name:

Date of birth:

Gender:

Relationship to offender:

Child 3

Last name:

First name:

Date of birth:

Gender:

Relationship to offender:

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Name:

Date of birth:

Gender:

Does this person live with YES / NO the offender?

Relationship to offender:

Name of social worker (if relevant):

9. REFERRING AGENCY INFORMATION

Referring agency: *

Name: *

Grade: *

Office: *

Telephone number(s) * (w) (m)

Email address: *

Date sent to line manager:

Endorsement by line manager (where required by your area)

Name:

Grade:

Office:

Telephone number(s): (w) (m)

Email address:

Date endorsed by line manager:

10. ADDITIONAL MAPPA INVITEES All agencies

Invitee 1

Name:

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Agency:

Address:

Email address:

Telephone number(s) (w) (m)

Invitee 2

Name:

Agency:

Address:

Email address:

Telephone number(s) (w) (m)

Invitee 3

Name:

Agency:

Address:

Email address:

Telephone number(s) (w) (m)

Invitee 4

Name:

Agency:

Address:

Email address:

Telephone number(s) (w) (m) CUMBRIA MAPPA Memorandum of Understanding v2.00 – Appendix A MAPPA REFERRAL FORM - Page 9 of 11 RESTRICTED / CONFIDENTIAL WHEN COMPLETE RESTRICTED / CONFIDENTIAL WHEN COMPLETE (delete as necessary) APPENDIX A Invitee 5

Name:

Agency:

Address:

Email address:

Telephone number(s) (w) (m)

Invitee 6

Name:

Agency:

Address:

Email address:

Telephone number(s) (w) (m)

Once completed, please send this form to the MAPPA Co-ordination Unit.

ONLY USE SECURE EMAIL

Insert your email address here

If email is not secure, please fax to: Insert your fax number here

Date sent:

11. MAPPA CO-ORDINATION UNIT DECISION (for official use only)

Screened by:

Name:

Title:

Area:

Date referral received:

MAPPA qualifying offender? YES / NO

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If NO, return form to referring agency line manager

Comments:

Does referral meet threshold for Level 2/3? If YES, which level?

If NO, return form to referring agency line manager

Comments:

Date referral accepted / rejected:

Date referring agency notified:

Meeting to which referral is to be taken:

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Notes for completion MAPPA A

The MAPPA Area should be identified at the top of the form The referrer should identify the Level being referred to (2 or 3) The agency that should complete the sections is identified on the right hand side of the field

1. CATEGORY OF OFFENDER

This section identifies which category brings the offender into MAPPA, and therefore avoids wrong identification from the outset. The offender can only fall into one category.

2. OFFENDER INFORMATION

Nicknames have been included as this is relevant for a number of reasons including gang membership Where the offender was NFA prior to imprisonment that should be stated, and then the area to which the offender has closest links indentified The proposed release address should be that which has been approved State the actual ethnicity, not the code. ViSOR reference should be included when a ViSOR record has been created e.g. sexual offenders Agency unique identifier should be included (e.g. PNC ID, CRAMS/Delius reference number)

3. CONVICTION / CAUTION INFORMATION

The index offences or caution [for category 3] is the offence/s or caution which has brought the offender into MAPPA Sentence - outcome of Court proceedings Brief details of offence. Information must not be cut and pasted from the Pre-Sentence Report or any other document. Use bullet points There may or may not be additional information the referring agency wishes to add Relevant dates are those which relate to the current sentence or mental health review dates (input dates where known) Previous related offences should be included.

4. DETAINED IN HOSPITAL

This section should be completed by Mental Health and provides relevant information regarding the patient.

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NOT PROTECTIVELY MARKED APPENDIX A – Notes for completion 5. RISK ASSESSMENT

The agency required to complete the fields for the assessment tools in this section are identified the on the right hand side of the field. The information in the header line indicates the type of offender the tool should be completed for. It is important to include the date the tool was completed. Lead Agency Risk Assessment Summary - For Probation referrals, this information can be copied and pasted directly form the answers to these questions in OASys. For other agencies, these fields must be completed Lead Agency Risk Management Plan - these fields must be completed

Restrictive Interventions These are strategies aimed at controlling and reducing opportunities for harmful behaviour, for example, by restricting access to particular venues like schools, leisure facilities or access to previous victims.

Examples of Restrictive Interventions

Restrictions on residence, for example, residing at Approved Premises The use of restrictive licence conditions Use of Restrictive Orders – see below for details Home visits (by police and the Probation Service staff) and other regular visits to the offender’s premises Restrictions on associations, activities and movements Interventions which include police surveillance and electronic monitoring Enforcement of non compliance on reporting instructions Disclosure of information to third parties Contingency plans in case of risk management failure and rapid response arrangements to changing situations or deterioration in the circumstances/behaviours

Restrictive orders

Where offenders pose a continuing risk of serious harm, the police will consider whether the risks posed by such an offender are sufficiently high to justify applying for one of the following orders introduced in the Sexual Offences Act (2003): Notification Order (sections 97 – 101) Risk of Sexual Harm Order (sections 123 – 129) Sexual Offences Prevention Order (sections 104, 106, 107, 108, 110 and 113) and Foreign Travel order (sections 114 – 122) (i) 226 Criminal Justice Act (2003) (regardless of tariff) Violent Offender Orders

Rehabilitative interventions These are strategies that focus more on developing the offenders own ability to avoid and manage risk situations and will include accredited programmes.

Examples of Rehabilitative Interventions

Attendance at cognitive-behavioural programmes, which address the causes of offending behaviour Interventions that emphasise self-risk management and which promote the use of internal CUMBRIA MAPPA Memorandum of Understanding v2.00 – Appendix A MAPPA REFERRAL FORM – Notes for completion Page 2 of 4 NOT PROTECTIVELY MARKED

NOT PROTECTIVELY MARKED APPENDIX A – Notes for completion controls over the longer term Office based supervision Provision of suitable diversion activities, for example, employment Interventions which combine intensive supervision with the appropriate use of sanctions and enforcement of non-compliance Supportive and integrative approaches where risk assessments indicate their usefulness, for example, “Circles of Support and Accountability”

Protective interventions These are strategies with a strength based approach; supported by the assumption that offenders want better lives, not simply the promise of less harmful ones. Self-risk management is promoted through programmes of intervention that seek to address the offenders’ readiness to change and to help them develop skills and strategies.

Examples of Protective Interventions

Avoidance of activities or environments which could precipitate offending Active commitment to change and is engaged in change related work Pro- social network which provides practical and emotional support and disapproves of criminal activity Stable and intimate relationships with adults that provide emotional support Involvement in other activities to ‘divert’ away from offending such as employment or voluntary work Understanding consequences of behaviour, identifying reasons not to offend or cause serious harm 6. RELEVANT INFORMATION

Reason for referral The reasons why the referral has been made may include concerns about:

Behaviour and attitudes Previous offences and patterns of offending Information gathered from other agencies The offenders pattern of cooperation Gang involvement TACT involvement Relevant psychiatric history Diagnosed personality disorder What the risk of reconviction tool used indicates

What interagency work has been undertaken so far? Should include the outcomes of:

Care Plan Approach Meetings Child Protection Conferences Professionals Meetings Which agencies have been contacted and what they have contributed to the risk management plan? MARAC

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NOT PROTECTIVELY MARKED APPENDIX A – Notes for completion How will active Level 2 or 3 management add value to the case over and above what is already being achieved? Key words are active and add value.

Describe what additional resources etc the agencies involved in MAPPA can add to the how the risk of the serious harm the offender poses can be managed more effectively.

Diversity considerations linked to risk of serious harm – only comment on diversity issues that could impact upon risk management, e.g. is the offender a vulnerable adult, does he/she have learning disabilities, etc.

7. VICTIM CONCERNS

This section should outline any known or suspected concerns regarding the victim of the index offence/s, previous offences or potential victims e.g. children, partners, vulnerable adults etc, and why the referring agency thinks those identified are at risk of serious harm.

8. SAFEGUARDING

Children’s services keep records according to the child. To assist this agency the information should be fully provided as well as to enable the coordination unit to invite the correct person to the meeting. Where the concerns relate to children in general, these should be specified Vulnerable Adult concerns should be noted. If in doubt, contact the local Safeguarding Adults Unit

9. REFERRING AGENCY INFORMATION

Must be fully completed The line manager must endorse the referral (this ensures that the line manager is fully aware of the case and the reason for the referral to MAPPA). If the referral is being completed by a Line Manager, the referral does not require endorsement if agreed by local agency protocol.

10. ADDITIONAL MAPPA INVITEES

Invite 1 must be completed by the referring agency identifying themselves. Complete for invitations to be sent for the meeting when the case is to be discussed If there are more then six, complete this on a separate sheet and attach to the referral

11. MAPPA CO-ORDINATION UNIT DECISION

This section should be complete by who ever has this responsibility in the MAPPA area.

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Section 325 - arrangements for assessing risks posed by certain offenders

(1) In this section: “Relevant sexual or violent offender” has the meaning given by section 327; “Responsible Authority”, in relation to any area, means the Chief Officer of Police, the local Probation Board for that area and the Minister of the Crown exercising functions in relation to Prisons, acting jointly.

(2) The Responsible Authority for each area must establish arrangements for the purpose of assessing and managing the risks posed in that area by:

(a) Relevant sexual and violent offenders, and (b) Other persons who, by reason of offences committed by them (wherever committed), are considered by the Responsible Authority to be persons who may cause serious harm to the public.

(3) In establishing those arrangements, the Responsible Authority must act in co- operation with the persons specified in subsection (6); and it is the duty of those persons to co-operate in the establishment by the Responsible Authority of those arrangements, to the extent that such co-operation is compatible with the exercise by those persons of their functions under any other enactment.

(4) Co-operation under subsection (3) may include the exchange of information.

(5) The Responsible Authority for each area (“the relevant area”) and the persons specified in subsection (6) must together draw up a memorandum setting out the ways in which they are to co-operate.

(6) The persons referred to in subsections (3) and (5) are:

(a) Every Youth Offending Team established for an area any part of which falls within the relevant area; (b) The Ministers of the Crown exercising functions in relation to social security, child support, war pensions, employment and training; (c) Every local education authority any part of whose area falls within the relevant area; (d) Every Local Housing Authority or Social Services Authority, any part of whose area falls within the relevant area; (e) Every Registered Social Landlord which provides or manages residential accommodation in the relevant area in which persons falling within subsection (2)(a) or reside or may reside; (f) Every Health Authority or Strategic Health Authority any part of whose area falls within the relevant area; (g) Every Primary Care Trust or Local Health Board any part of whose area falls within the relevant area; (h) Every NHS trust any part of whose area falls within the relevant area; and (i) Every person who is designated by the Secretary of State by order for the purposes of this paragraph as a provider of electronic monitoring services.

(7) The Secretary of State may by order amend subsection (6) by adding or removing any person or description of person.

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NOT PROTECTIVELY MARKED APPENDIX B

(8) The Secretary of State may issue guidance to Responsible Authorities on the discharge of the functions conferred by this section and section 326.

(9) In this section:  “Local Education Authority” has the same meaning as in the Education Act (1996) (c.56);  “Local Housing Authority” has the same meaning as in the Housing Act (1985) (c. 68);  “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act (1975) (c. 26);  “NHS trust” has the same meaning as in the National Health Service Act (1977) (c. 49);  “Prison” has the same meaning as in the Prison Act (1952) (c. 52);  “Registered Social Landlord” has the same meaning as in Part 1 of the Housing Act (1996) (c. 52);  “Social Services Authority” means a Local Authority for the purposes of the Local Authority Social Services Act (1970) (c. 42).  Service Court, as defined by section 305(1).

CUMBRIA MAPPA Memorandum of Understanding v2.00 – Appendix B ARRANGEMENTS FOR ASSESSING RISKS POSED BY CERTAIN OFFENDERS Page 2 of 2 NOT PROTECTIVELY MARKED

NOT PROTECTIVELY MARKED APPENDIX C CHAIRING OF MAPPA MEETINGS

Responsible Authority Level of Responsibility for Partner Who Will Chair Chairing

MAPPA LEVEL 1 meetings Probation Team Manager The Offender Manager within the Probation Service for cases where the responsible for the case should also attend relevant offender is subject to meetings for the individual concerned, as well as other Probation supervision staff who are actively involved in the case and who can assist towards risk assessment and risk management decisions, including staff from Approved Premises and Victim Liaison Officers where appropriate.

MAPPA Level 1 meetings Cumbria Constabulary Detective Inspector (Public The Constabulary will be responsible for chairing MAPPA for cases where the Protection Unit) Level 1 meetings where the offenders are not subject to offender is not subject to Probation supervision. Probation supervision

MAPPA LEVEL 2 meetings Probation Team Manager The Offender Manager within the Probation Service for cases where the responsible for the case should also attend relevant offender is subject to meetings for the individual concerned, as well as other Probation supervision staff who are actively involved in the case and who can assist towards risk assessment and risk management decisions, including staff from Approved Premises and Victim Liaison Officers where appropriate.

MAPPA LEVEL 2 meetings Cumbria Constabulary Detective Inspector (Public The Constabulary will be responsible for chairing MAPPA for cases where the Protection Unit) 2 and 3 (except as provided for in Section 7.9 below) offender is not subject to meetings, and will also chair meetings on offenders who Probation supervision are not subject to Probation supervision.

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NOT PROTECTIVELY MARKED APPENDIX C MAPPA LEVEL 3 meetings Co-chaired by : This should read the same as Level 2’s. If Probation are (a) Cumbria Constabulary (a) Detective Chief involved then they Chair the meetings. If no current Inspector (Public Protection Probation involvement then the Police Chair the meetings Unit) (b) Probation Service (b) Head of Local Delivery Unit

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NOT PROTECTIVELY MARKED APPENDIX D

CONFIDENTIALITY AND DIVERSITY STATEMENT MAPPA D

Confidentiality Statement

In working with offenders, victims and other members of the public, all agencies have agreed boundaries of confidentiality. The information contained in these MAPP meetings respects those boundaries of confidentiality and is shared under an understanding that:

1) The meeting is called in circumstances where it is felt that the risk presented by the offender is so great that issues of public or individual safety outweigh those rights of confidentiality.

2) These minutes are closed under the Freedom of Information Act 2000 under one or more of the following reasons: a) Investigations and proceedings by Public Authorities (s.30(1)(B)); b) Health and safety (s.38); c) Personal information (s.40); d) Information provided in confidence (s.41).

3) The discussions and decisions of the meeting take account of Article 8.2 of the European Convention on Human Rights, with particular reference to: a) Public safety; b) The prevention of crime and disorder; c) The protection of health and morals; d) The protection of the rights and freedom of others.

All documentation will be marked RESTRICTED.

These minutes should not be photocopied or the contents shared outside of the meeting without the agreement of the Chair. Minutes should be kept in the RESTRICTED or CONFIDENTIAL section of agency files.

If further disclosure with another agency with whom you have links is felt essential, permission should be sought from the Chair of this MAPP meeting and a decision will be made (share on a need-to-know basis, share information which is proportionate and necessary) as to what information can be shared.

Diversity Statement

The work of MAPPA is committed to equal access to services for all groups, particularly in relation to race, gender, age, religious belief, sexual orientation and disability, and to ensuring that policies and procedures do not draw on stereotypical assumptions about groups or contain any elements that will be discriminatory in outcome. In undertaking its work, the agencies involved in MAPPA will be sensitive and responsive to people's differences and needs and will integrate that understanding into the delivery of its function in order to ensure that nobody is disadvantaged as a result of their belonging to a specific social group. CUMBRIA MAPPA Memorandum of Understanding v2.00 - Appendix D – Page 1 of 1 NOT PROTECTIVELY MARKED

RESTRICTED WHEN COMPLETE APPENDIX E

MAPPA LEVEL 2 OR 3 ATTENDANCE MAPPA E

Name of Area: Date of Meeting:

By signing this form you are agreeing to abide by the confidentiality statement which is displayed at this MAPPA meeting.

Organisation: Role:-

Name:

Signature:

Telephone: Email:

Cases attended for:

Organisation: Role:

Name:

Signature:

Telephone: Email:

Cases attended for:

Organisation: Role:

Name:

Signature:

Telephone: Email:

Cases attended for:

CUMBRIA MAPPA Memorandum of Understanding v2.00 - Appendix E – Page 1 of 2 RESTRICTED WHEN COMPLETE RESTRICTED WHEN COMPLETE APPENDIX E

Organisation: Role:

Name:

Signature:

Telephone:

Cases attended for:

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MAPPA FORM H : INITIAL NOTIFICATION OF MAPPA OFFENDER – Youth Offending Services (YOS)

INITIAL NOTIFICATION OF MAPPA ELIGIBLE OFFENDER (YOT)

Responsible YOT supervisor: Please complete sections 1 to 5 of this form and send it to your local MAPPA co-ordinator 6 months prior to release of a MAPPA eligible offender

MAPPA co-ordinator: If you have any relevant information about this offender, please complete section 6 of this form and send it to the referring agency.

1. CATEGORY OF OFFENDER The offender must fall into one of the MAPPA Categories summarised below. Please state which one applies. 1. Registered sexual offender YES / NO

2. Violent or other sexual offender who has been sentenced to 12 months or YES / NO more custody for a Schedule 15 offence under the Criminal Justice Act 2003 and is transferred to hospital under s.47/48 MHA 1983, or is detained in hospital under s.37 with or without a restriction order under s.41 3. Other dangerous offender who has previously been cautioned for or convicted YES / NO of a Schedule 15 offence under the Criminal Justice Act 2003 2. OFFENDER INFORMATION Last name: First name: Date of birth: Aliases: Last known address: Gender: Ethnicity: 3. CONVICTION / CAUTION INFORMATION Index offence:

Date of conviction / caution:

Sentence:

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RESTRICTED / CONFIDENTIAL WHEN COMPLETE APPENDIX F

4. VICTIM CONCERNS Is the victim known to the victim contact YES / NO scheme If YES: Please state what information has been provided

5. NOTIFYING AGENCY INFORMATION Referring agency: Name: Grade: Office: Telephone number(s): Email address: Date sent to MAPPA Co-ordinator: 6. INFORMATION HELD BY MAPPA CO-ORDINATOR Is there any information known to MAPPA, YES / NO including information held on ViSOR regarding this offender, to help manage the risk he presents to the public? If YES:

Please confirm that the information has been passed to the referring agency

Date information sent

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NOT PROTECTIVELY MARKED APPENDIX G

MAPPA FORM G: INITIAL NOTIFICATION OF MAPPA NOMINAL (MENTAL HEALTH)

Responsible clinician: If you are planning discharge for this patient as part of his long-term rehabilitation into the community, please complete sections 1 to 6 of this form and send it to your local MAPPA co-ordinator.

MAPPA co-ordinator (to where the patient will be discharged) If you have any relevant information about this patient, please complete section 7 and send it to the referring agency.

1. CATEGORY OF OFFENDER The patient must fall into one of the MAPPA Categories summarised below. Please state which one applies. 1. Registered sexual offender YES / NO

2. Violent or other sexual offender who has been sentenced to 12 months or more custody for YES / NO an offence under Sch.15 of the CJA 2003 and is transferred to hospital under s.47/48 MHA 1983 or detained in hospital under s.37 with or without a restriction order under s.41. 3. Other dangerous offender – has been cautioned for or convicted of an offence which YES / NO indicates that he or she is capable of causing serious harm AND which requires multi agency management at level 2 or 3. This might not be for an offence under Sch.15 of the CJA 2003

2. OFFENDER INFORMATION Last name: First name: Date of birth: Aliases: Last known address before sentence: Gender: Ethnicity:

3. DETAINED IN HOSPITAL Name of responsible clinician: Responsible funding authority: Hospital:

Earliest release date (determinate sentence): Date of next CPA: Date of next tribunal: Please indicate the basis for detention from the options below: Guardianship order under s.7 MHA 1983 YES / NO

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NOT PROTECTIVELY MARKED APPENDIX G Hospital order under s.37 MHA 1983 YES / NO Restriction order under s.41 MHA 1983 YES / NO Transfer from prison under s.47 MHA 1983 YES / NO 4. CONVICTION / CAUTION INFORMATION Index offence: Date of conviction / caution: Sentence:

5. VICTIM CONCERNS Has the victim of an unrestricted patient YES / NO asked to be kept informed of relevant dates and decisions by the Hospital Managers? If YES: Please state what information has been provided

6. NOTIFYING AGENCY INFORMATION Agency: Name: Grade: Office: Telephone number(s): Email address: Date sent to MAPPA Co-ordinator:

7. INFORMATION HELD BY MAPPA CO-ORDINATOR Is there any information known to MAPPA, YES / NO including information held on ViSOR regarding this patient, to help manage the risk he presents to the public? If YES:

Please confirm that the information has been passed to the referring agency

Date information sent

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