Emergency Services Alert Fortnightly current awareness update 27 June 2019 – 10 July 2019

Welcome to the Emergency Services bi-weekly news bulletin.

The aim is to provide all those involved in delivering emergency services sector with a snap-shot of some of the latest news affecting the sector. We hope you find it useful. If you require further information on any of the articles mentioned, do please contact us.

Your feedback and comments will always be welcome.

GENERAL NEWS

Collaborations and takeovers

Police and fire service now sharing the same Norfolk headquarters Eastern Daily Post; 2 July 2019 Norfolk Fire and Rescue Service and are now sharing a control room at police headquarters.

AMBULANCE

Action plan to cut Shropshire ambulance pressure Shropshire Star; 9 July 2019 Shropshire Community Health NHS Trust has drawn up an action plan to deal with the surge in demand for ambulance services in Shropshire.

Fourth director in a year resigns from region's ambulance trust Eastern Daily Press; 4 July 2019 Lindsey Stafford-Scott, director of people and culture at the East of England Ambulance NHS Trust, has resigned.

5G ambulance capabilities demonstrated in West Midlands testbed Government Europa; 25 June 2019 The UK’s West Midlands 5G testbed has conducted its first demonstration of ambulances equipped with 5G connectivity. The demonstration, designed to serve as a real world example of the ways in which 5G connectivity can

facilitate the work of public and emergency services, saw paramedics conduct an ultrasound scan on a patient with real time remote guidance from a clinician viewing the ambulance through a 5G connection.

Boy died of asthma attack after ambulance crew decided he did not need to go to hospital, inquest hears Daily Telegraph; 13 June 2019 An Inquest has heard that an11-year-old boy died from a survivable asthma attack after an East Midlands Ambulance NHS Trust crew decided not to take him to hospital. Paramedics assessed the youngster and chose to leave him with his parents after observing that he was able to stand up unaided and speak in full sentences. The boy’s parents are now suing the Trust for medical negligence.

FIRE

Hertfordshire Fire Service pushing ahead with plans to cut crew size Watford Observer; 4 July 2019 Hertfordshire Fire and Rescue Service is pushing ahead with plans to formally cut the size of fire crews, from five to four. Further details are here.

Head of fire service Paul Walker is leaving Falmouth Packet; 3 July 2019 Paul Walker, the head of Cornwall Fire and Rescue Service, has announced that he will be leaving Cornwall Council later this year. He will leave Cornwall Fire and Rescue Service later this year to take on a one-year role as Chief Fire Officer of the Cayman Islands Fire Service before taking retirement in 2020.

Fire service opens consultation on station closures Radio Exe; 3 July 2019 A public consultation on changes to Devon Fire and Rescue Service is now open. The proposed changes include closing stations, axing engines and reducing full time staffing at some stations, so overnight cover is provided by on- call fire crews.

Nottinghamshire's fire service control room opens in Derbyshire after merger Nottingham Post; 2 July 2019 Derbyshire has become the new home of Nottinghamshire's Fire and Rescue Service’s control room after the two authorities agreed on a joint control project. The new venture will save approximately £350,000 each year, after Nottinghamshire's Fire and Rescue Service was forecasting a deficit of £798,000 in 2020 and Derbyshire Fire and Rescue Service a deficit of £1.35m.

£114k spent on failed West Midlands fire service merger Birmingham Post; 2 July 2019 It has been revealed that the West Midlands Combined Authority spent a total of £114,000 on a failed effort to integrate West Midlands Fire and Rescue Service with the Authority.

Fire Brigades Union wins landmark pensions case Fire Brigade’s Union; 27 June 2019 The Fire Brigades Union (FBU) has secured a major victory in its long-running dispute with the Government over changes made to firefighters’ pensions in 2015. The Supreme Court has refused the Government’s application for permission to appeal the Court of Appeal ruling which it lost in December, and the case will now be remitted back to employment tribunal for remedy. The firefighters’ pension scheme was amended in 2015, meaning that older members could stay in the existing and better pension scheme, and younger members had to transfer to a new and worse scheme, causing financial losses.

POLICE

Legal news

Senior female Asian police officer accuses Met of discrimination Guardian; 6 July 2019 Chief Superintendent Parm Sandhu, one the UK’s most senior female Asian police officers, has launched a discrimination lawsuit against the , alleging that she has been denied promotion and work opportunities on the basis of her race and gender.

West Midlands PC in court over 'sexual relationship with victim' Express and Star; 4 July 2019 A officer has been charged with misconduct in public office and improper exercise of police powers, following allegations that he began a sexual relationship with a victim of domestic abuse whilst carrying out his duties as a police officer. Further details are here (IOPC).

Michael Barrymore drops police compensation claim BBC News; 1 July 2019 Entertainer Michael Barrymore has dropped a compensation claim against for being arrested over the death of a man at his home.

Employment issues

Ipswich's 'Robocop' quits force due to mental health BBC News; 8 July 2019 A former police sergeant at Suffolk Police, dubbed Robocop for his high arrest record, has left the force due to mental health issues.

Police workforce, England and Wales: 31 March 2019 Home Office; 4 July 2019 Statistics on police workforce numbers in the 43 police forces in England and Wales and the .

Stretched police officers are driving suspects home rather than arresting them, Inspector says Daily Telegraph; 4 July 2019 Andrew Berry, chair of Devon & Cornwall Police Federation, has claimed that overstretched police officers are driving suspects home rather than arresting them. He warned that rural areas have been hit so hard by a shortage of police officers that is now at the stage where they “dare not arrest anybody” as there will be no-one left to work the streets.

Federation expects 'government to clarify pension demands or we start making claims' Police Oracle; 2 July 2019 National leaders of the Police Federation have issued an ultimatum on the Government to act “morally” or face a claims backlash in the protracted dispute over changes to pensions.

Misconduct

Gross misconduct hearing for Greater Manchester Police sergeant IOPC; 4 July 2019 A Greater Manchester Police officer is to face a gross misconduct hearing regarding his use of racist language while on duty.

Former Essex Police officer sent inappropriate messages to two women IOPC; 3 July 2019 A former Essex Police officer would have been dismissed for gross misconduct after an investigation by the Independent Office for Police Conduct identified he sent inappropriate messages to two women.

Tower Hamlets police officer dismissed without notice for 'gross misconduct' relating to money laundering East London Advertiser; 2 July 2019 A Metropolitan Police officer who allowed his mother to use his bank account to launder money stolen from her employer has been dismissed without notice for gross misconduct.

Metropolitan Police officer given final written warning over use of force IOPC; 1 July 2019 A Metropolitan Police officer who twice punched a man who was being restrained by four officers and in handcuffs has been given a final written warning.

Inquests and investigations

Man died of heatstroke in London court cell after 'serious failings' Guardian; 2 July 2019 The Prisons and Probation Ombudsman has said that “serious failings” must be addressed after a man died from severe heatstroke after being kept in a transfer van and an unventilated court cell in London. An Inquest jury concluded that the man’s death was most likely due to him being subjected to excessive heat. The full report is here.

Investigation finds no evidence officers could have prevented fatal collision IOPC; 26 July 2019 An investigation found no evidence that South Wales Police officers could have foreseen or prevented a fatal collision in Neath.

Finance and funding

HBOS scandal investigator says police lack resources to tackle white-collar fraud Times; 6 July 2019 Anthony Stansfeld, Police Commissioner for , has written to the Chancellor to demand that the Treasury returns proceeds from a fine of £45.5m levied on Lloyds Banking Group in June 2019 to help his force to fund fraud investigations, and warns that white-collar criminals can act with impunity in the UK because police forces do not have the resources to tackle them.

Performance

‘Profound and far-reaching’ policing reform urgently needed, says Chief Inspector of Constabulary HMICFRS; 4 July 2019 HM Chief Inspector of Constabulary has warned that profound and far-reaching aspects of police reform are needed, or services face unacceptable compromises in quality of service levels of public safety. In his annual assessment of policing in England and Wales - State of Policing: The Annual Assessment of Policing in England and Wales 2018 - Sir Thomas Winsor said that most police forces were performing well, and praised the police for their integrity and bravery. However, he also called on leaders in police forces and institutions to make bold and long-term decisions to improve policing. UPDATE: The has noted that the report echoes its own calls for reform of law enforcement at local, regional and national levels, and increased investment to match public expectations (5 July 2019). Click here.

Inspectorate praises ’s "clear commitment" to child protection HMICFRS; 4 July 2019 According to a report released by Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS), Gwent Police has demonstrated a clear commitment to child safeguarding.

Policy and regulation

Government prioritises wellbeing and mental health of officers in new package to support police Home Office; 10 July 2019 The Government and Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services will work together to put the wellbeing and mental health of staff and officers at the heart of policing following a landmark review. The Front Line Review has seen the Home Office engage directly with officers and staff for more than a year and has published a package of new measures which aims to transform the support given to them.

Police funding for England and Wales 2015 to 2020 Home Office; 9 July 2019 This publication brings together previously published police funding figures for England and Wales into a single definitive publication for the last five years.

Reforms ‘have taken their toll’ say former senior officers Police Professional; 5 July 2019 In a letter to The Times newspaper, five former Metropolitan Police commissioners and other former senior officers issued an unprecedented attack on government reforms of the past few years and called for a Royal Commission on

policing. They warned the next Prime Minister of “perilously low expectations of the police today” following funding cuts and curbs to powers.

Technology

Data protection guidance for new facial recognition technology announced Information Commissioner; 9 July 2019 The Information Commissioner’s Office (ICO) has revealed that data protection laws will apply to new live facial recognition technology used by the police. Police forces are advised, by the ICO, to run data protection impact assessments and develop policy documents to cover new deployments. This is to ensure compliance of data protection laws. The importance of a forthcoming judgment on the lawfulness of an image of a member of the public taken in a city centre by South Wales Police is highlighted.

Met to become first UK force to deploy drone to monitor road users Guardian; 8 July 2019 The Metropolitan Police will become the first British police force to deploy a drone to monitor road users later this month.

Police face calls to end use of facial recognition software Guardian; 3 July 2019 Police are facing calls to halt the use of facial recognition software to search for suspected criminals in public after independent analysis found that matches were only correct in a fifth of cases and the system was likely to break human rights laws.

Surveillance state is being built now, watchdogs warn Sunday Times; 1 July 2019 Paul Wiles, the Biometrics Commissioner, and Tony Porter, the Surveillance Camera Commissioner, have warned that the police and other bodies are using a legal loophole and are abusing their powers to construct UK-wide facial recognition systems. They have called for the state to debate and regulate the practice where they claim that sensitive personal details across the public and private sectors is being unlawfully shared. Further details are here (Guardian).

Crime

Surge in stop and search in England as police battle knife crime Guardian; 7 July 2019 Analysis by newspaper has revealed that police attempts to tackle violent crime have brought about a sharp rise in the use of stop and search powers in some of England’s major police forces, particularly the Metropolitan Police, Greater Manchester Police and the West Midlands Police.

Class A drug users no longer being prosecuted by police in attempt to stop criminalising young people Daily Telegraph; 27 June 2019 Offenders caught with class A drugs for personal use can avoid prosecution if they agree to be referred for treatment under a scheme introduced by several police forces, including Avon and Somerset, Thames Valley, Durham and Cleveland.

NEW LEGISLATION

Police Pensions (Employer Contributions) (Amendment) Regulations 2019 (SI 2019/1049) In Force: 1 August 2019 These Regulations amend the rate of contribution payable by police pension authorities for pensions payable in respect of police officers in England and Wales. They increase the annual rate of contribution from 21.3 per cent to 31 per cent of the police officer's pensionable pay from 1 April 2019.

NEW CASES

R. (on the application of LXD) v Chief Constable of [2019] EWHC 1685 (Admin) High Court 3 July 2019 An application for judicial review of the ‘ongoing failure’ of the defendant police service to take steps to protect the claimants from direct threats to kill made against them by associates of the claimant’s ex-partner’. The Court dismissed the claim for judicial review

R (on the application of Robin Andrew Michaelides) v Chief Constable of Merseyside Police v Police Medical Appeal Board [2019] EWHC 1434 (Admin) High Court 28 June 2019 A claimant challenged the lawfulness of a decision taken by the Police Medical Appeal Board, in which it refused his application for a police injury pension, and a decision of the Chief Constable of Merseyside Police not to refer the decision for reconsideration. The Court held that the matter should be remitted back to a new Police Medical Appeal Board.

For more information please contact Hugh Giles, Paul McFarlane, or Tracy Giles.

Hugh Giles Partner 020 8780 4575 [email protected]

Paul McFarlane Legal Director 020 8780 4867 [email protected]

Tracy Giles Associate 0121 230 1507 [email protected]