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Cumbria Multi Agency Public Protection Arrangements (MAPPA)

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Cumbria Multi Agency Public Protection Arrangements (MAPPA) 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 NOT PROTECTIVELY MARKED 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 NOT PROTECTIVELY MARKED Cumbria MAPPA Memorandum of Understanding v2.00 Page 2 of 26 NOT PROTECTIVELY MARKED 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 NOT PROTECTIVELY MARKED 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 3 This Policy is currently under review. NOT PROTECTIVELY MARKED Cumbria MAPPA Memorandum of Understanding v2.00 Page 4 of 26 NOT PROTECTIVELY MARKED 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.
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