MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CHIEF CONSTABLES OF SOUTH WALES, NORTH WALES, DYFED POWYS AND GWENT POLICE

AND

THE WELSH ASSEMBLY GOVERNMENT DEPARTMENT OF HEALTH AND SOCIAL SERVICES ON BEHALF OF NHS WALES

1.0 FOREWORD

1.1 This document has been drafted after due consideration of The Memorandum of Understanding (hereinafter referred to as “MOU”), between the Association of Chief Police Officers and the NHS Security Management service for NHS England. It has been abridged to focus upon the steps necessary to promote the prosecution of violent offenders in circumstances where they assault Welsh NHS staff. However, in areas where further detailed clarification as to the processes to be adopted is required, recourse may be made to the MOU and the appendices to this agreement.

2.0 BACKGROUND

2.1 Two current priority areas for the Welsh Assembly Government are:

·  Tackling violence against staff and professionals working in the NHS.

·  Ensuring the safety of maternity and paediatric wards.

2.2 In addition, the Welsh Assembly Government strategy is to work both proactively and reactively to tackle violence and aggression issues across the NHS in Wales.

2.3 Welsh Health Legal Services provides legal services and support in relation to violence and aggression against staff employed in the NHS in Wales. Welsh Health Legal Services will work with healthcare bodies, the Police and the Crown Prosecution Services to increase the rate of prosecutions and to provide cost-effective advice on available sanctions against individuals who are violent or verbally abusive towards NHS staff and professionals. In order for the Welsh Health Legal Services to comply with its legal obligations, it will be necessary for it to co-operate closely with the Police.

2.4 The term “NHS Staff Member” is to include qualified and non-qualified medical staff working within NHS premises also General Practitioners, Blood Transit staff, Ambulance staff and any person employed by, acting as an agent of or contracted to provide services to an NHS Trust.

3.0 PARTIES TO THE AGREEMENT

3.1 This agreement is between the following partners:-

Chief Constable of the South Wales Police of Police Headquarters, Cowbridge Road, Bridgend CF31 3SU


Chief Constable of the North Wales Police of Police Headquarters, Colwyn Bay

Chief Constable of the Dyfed Powys Police of Police Headquarters, Carmarthen

Chief Constable of the Gwent Police of Police Headquarters, Newport

And

Welsh Assembly Government Department of Health and Social Services for and behalf of NHS Wales (whether NHS Trusts, Local Health Boards, Strategic Health Authorities or other NHS bodies)

4.0 LEAD OFFICERS

4.1 The Health Body will as a requirement of the MOU nominate a lead director or “champion” within each health body. The names and contact details for the “Champions” are contained in appendix 1.These may be subject to change during anticipated NHS reorganisations.

4.2 The Chief Constable of each Police Force will nominate a lead officer within the Force to lead on issues relating to the investigation and prosecution of offenders responsible for violence and aggression against NHS staff and professionals. This will be at strategic level an officer of ACPO rank. However, the MOU envisages that the practical interpretation of the MOU will take place at local level by the Divisional Commander or his/her Deputy (hereinafter referred to as “Divisional Commander”). The names and contact details for the Lead Officer and Divisional Commanders are contained in appendix 2

5.0 LINES OF COMMUNICATION

5.1 NHS

5.1.1 Health Body Lead Director is now to be referred to as Champion of Violence and Aggression (“Champion”) within individual NHS Trusts and other health bodies.

5.1.2 A key part in the success of this MOU is the requirement for “Champions” within each Health Body. The responsibility of the “Champion” is to promote and lead on security matters at Board level.

5.1.3 The day to day activity for the management of risks of violence and aggression can be delegated within the Health Body. The delegated role is to ensure that security management work is delivered locally, but to consistent high standards across the NHS, defined within a National security framework.

5.2 POLICE CONTACT POINTS

5.2.1 The relevant Chief Constable will ensure that a single point of contact (SPOC) is designated at strategic, divisional and operational levels to facilitate good working relationships with NHS health bodies in their force area. At strategic level, this will be a Chief Officer with responsibility for Operational matters. At local level, this will be the Divisional Commander (“Divisional Commander”) It should be acknowledged that the day to day running of the investigation and liaison will be undertaken by the Investigative Support Unit at the relevant division. The Unit is lead by an Inspector. The names and contact details for the SPOC at each level will be contained in appendix 3.

5.3 WELSH HEALTH LEGAL SERVICES

Welsh Health Legal Services will utilise the above structure in any communications. They will also nominate a SPOC to allow for a structured manner of information sharing between all relevant partners. The name and contact details for the SPOC at WHLS will be contained at appendix 4.

5.4 DAVID FRANCIS, MINISTER’S CHAMPION FOR VIOLENCE AND AGGRESSION

It is acknowledged that David Francis, in his role as Ministers Champion for Violence and Aggression in the NHS is to be considered a relevant partner to the process.

5.5 The Police and NHS will both produce a process map demonstrating precisely the acceptable and expected channels of communication at appendix 5

6.0 POLICE/“CHAMPION” RESPONSE TO INCIDENTS

6.1 It is recognised that each Police force will follow its own procedures for incident grading and response. The Police will grade all such incidents as dealt with under the terms of this Protocol as Grade “A”. Divisional Commanders will ensure that an appropriate response is given to NHS health bodies reporting incidents of violence and aggression against NHS staff and professionals.

6.2 It is also recognised that the “Champion” on behalf of the NHS Premises and individual NHS Trust, will prioritise the response to the Police to assist with the investigation of any incident occurring within NHS premises or where the support of the NHS Premises, staff or Trusts are required.

7.0 INCIDENTS OF VIOLENCE

7.1 Incidents of violence are to be treated as a priority. The Police acknowledge that offenders should not be considered eligible for a caution at the scene of the incident.

7.3 The “Champion” will ensure that all crime which effects the Health Body, its staff, or those service users (patients), for whom they had a duty of care, or that is committed on Health Body premises and brought to their attention, is reported to the Police.

7.4 The “Champion” and Police will liaise and share information on crime and crime reporting where it relates to NHS staff.

7.5 The legal frameworks for sharing information for the purposes of criminal investigation are shown as Appendix A and signatures to this MOU confirm agreement to the terms of the MOU and the attendant information sharing provisions. The Information Sharing element of the MOU is MOPI compliant.

7.6 The “Champion” will ensure that, where there is an assault on a member of NHS staff, that the Police are able to take a victim complaint statement within 24 hours. Where this is not possible, the “Champion” will liaise with the lead officer to provide details of when and where the taking of a witness statement will be possible. This is to ensure that the Police are able to take a witness statement at the first opportunity.

7.7 Where there is an assault on a member of NHS Staff, the “Champion” will ensure that the following is completed in early course, in any event before 48 hours have elapsed since the incident:-

(a) Seize and retain the original CCTV of the incident

(b) Collate and retain the name and address details of any witnesses to the incident.

(c ) Where the witnesses to the incident, include NHS staff, the “Champion” will provide details of the availability and location.

7.8 The “Champion” will also ensure that a request for assistance and the provision of information is acknowledged within 3 working days along with full details of when the information will be provided. This includes the likely completion of professional witness statements from medical professionals within the relevant NHS staff premises.

7.9 The “Champion” will also acknowledge and support the police process and investigation and ensure that the investigating team have access to suitable rooms for interview and assist with the recovery of evidence.

8.0 INVESTIGATION

8.1 It is the responsibility of the Police to investigate criminal activity within the community, however, the “Champion” will provide support as required to the Police during investigations which involve crime in an NHS healthcare setting. Please see 7.7 above.

8.2 Part of the role of the “Champion” is to pursue investigations into security related matters and incidents involving violence against NHS staff. Where the Police do not undertake a criminal investigation for whatever reason, the Trust may wish to involve Welsh Health Legal Services to enable them to progress an investigation into a criminal matter, this should be with the full knowledge of the “Champion” and the local Divisional Commander.

8.3 The “Champion” will undertake, manage or oversee investigation work on behalf of the NHS Health Body in relation to security matters including violence against NHS staff. They will act as a liaison point with the Divisional Commander to ensure that all such incidents can be properly investigated, that evidence is provided to support the identification and prosecution of offenders and that the recurrence of incidents is prevented.

8.4 All investigations undertaken by or on behalf of the “Champion” pursuant to this agreement will be carried out in compliance with the Police & Criminal Evidence Act 1984 (PACE), the Criminal Procedure & Investigations Act 1996, the Regulation of Investigatory Powers Act 2000 (RIPA), Secretary of State Directions and all relevant codes of practice and in recognition of the overriding considerations of the European Convention on Human Rights (ECHR).

8.5 Where appropriate, Welsh Health Legal Services will support investigations conducted by the “Champion” and provide legal guidance during the process. It should be noted that where the Police are leading an investigation any advice as to the investigation or the recovery of evidence should be provided by the Police and, if necessary, the CPS. This does not effect the right of the “Champion” to take legal advice in relation to other internal issues.

8.6 If required, Welsh Health Legal Services will provide guidance to the health body on protecting a scene of crime and, when available, will be responsible for assisting with this process as required. This is not to be utilised in police led investigations.

9.0 PROSECUTION POLICY

9.1 It is the responsibility of the Police to investigate suspected or alleged criminal offences and it is the responsibility of the CPS to deal with prosecution of offenders on behalf of the Crown.

9.2 Where action is not taken by the Police, Welsh Health Legal Services may pursue a case, as the policy of Welsh Health Legal Services, in conjunction with the National Health Service, is to consider prosecution in all cases of violence against NHS staff. Where sufficient evidence exists to pursue prosecution, it is the intention of Welsh Health Legal Services to support the Police and CPS in progressing these cases or to undertake private criminal prosecutions on behalf of the relevant health body.

9.3 The Police will progress all cases of violence against NHS staff and will not formally caution assailants without obtaining the views of the victim as laid down in the Code for Crown Prosecutors and those of the Trust “Champion” or Welsh Health Legal Services as appropriate.

9.4 Violence against NHS staff is unacceptable and, when this occurs whilst staff are undertaking their duties, it should be considered an aggravating factor to the offence as laid down by the Code for Crown Prosecutors. Aggravating factors, for example, include offences on hospital / medical premises and when the victim is serving the public.

9.5 For sentencing purposes it is essential that the case officer, whether that is a Police Officer or Health Body champion, includes in the case summary the fact that the NHS member of staff was on duty or that the incident was linked to their role within the NHS. The impact of the offence on the resources available for the delivery of NHS care – such as the need for replacement staff because someone has been injured, or cancelled treatments resulting from an assault, should also be recorded in the case summary. Where such information is available, claims for compensation should be made to the Court to help demonstrate the financial costs of such criminal activity.

9.6 In addition to investigating offences of violence, it is the responsibility of the Police to investigate other offences, relating to serious criminal damage to or loss of NHS property, with a view to instigating sanctions and seeking redress. In appropriate circumstances, that the Police are unable to progress such investigations, the “Champion” may undertake the investigation subject to legal advice from Welsh Health Legal Services.