Framework for a Protocol for Inter Agency Working on Housing Potentially Dangerous Offenders

Appendix 2

Framework for a Protocol for Inter Agency Working on Housing Potentially Dangerous Offenders, Sex Offenders and Other Ex-offenders that Present a Risk to the Community

1)Geographical area covered:East Sussex

2a)Agencies involved: (1)East Sussex District/Borough Council Housing Departments (including ALMOs)

(2)Registered Social Landlords with properties in East Sussex

(3)EastSussexCounty Council Adult Services

(4)EastSussexCounty Council Children & Young Persons Services

(5)Sussex Police

(6)Sussex Probation

(7)Prison Service

(8)East Sussex Health Authority & relevant teams, e.g. Forensic Services

(9)East Sussex Youth Offending Team

2b)Other key agencies:(1)Jobcentre Plus

(2)Local Education Authorities

(3)Electronic Monitoring Providers

3)Purpose of the Protocol:(1)Aims: an integrated, accountable approach to the housing and management of offenders whilst affording a suitable level of protection of the public;protection of the public from harm; shared responsibility, trust and co-operation; protection of vulnerable individuals for the safety of the individual(s) and/or their household

(2)Scope: risk assessment;common understanding of risk management & reduction;confidentiality / sharing of information on an inter-agency basis in relation to level of risk;reciprocal housing arrangements

4)The Protocol does not: (1)Replace any arrangements for dealing with offenders with mental health issues

(2)Negate any statutory responsibilities in relation to investigation, disclosure, notification or action

5)Elements of the Protocol:(1)Risk assessment process

(2)Risk management process

(3)Attendance by Local Authority Housing Departments and/or Registered Social Landlords at inter-agency planning meetings

(4)Confidentiality/sharing of information

(5)Individually risk assessed and managed housing options

(6)Current legislation covering various aspects of individual organisations working arrangements

(7)Procedures for housing offenders

6)Monitoring and Review:(1)Methods of monitoring

(2)Reporting process, i.e. to who, when, how often

(3)Review process, i.e. by who, when, change mechanisms

7)Training:(1)Recognition of cross boundary training requirements for partners

(2)Support for training initiatives

(3)Review of training needs/requirements

HOUSING POTENTIALLY DANGEROUS OFFENDERS, SEX OFFENDERS & OTHER EX-OFFENDERS THAT PRESENT A RISK TO THE COMMUNITY

PROTOCOL FOR

INTER AGENCY WORKING

IN EASTSUSSEX

HISTORY OF THE EASTSUSSEX PARTNERSHIP & PROTOCOL

A protocol was developed jointly by the EastSussex District and Borough Council Housing Services (including ALMOs), Registered Social Landlords with properties in EastSussex, Sussex Police, EastSussex County Council Social & Caring Services Department, Sussex Probation and the EastSussex Health Authority in 1999/2000. A number of other statutory and voluntary agencies werealso consulted in its preparation. The protocol applied only within the area of EastSussex.

The protocol was reviewed in December 2005 and comments were sought, at which time a procedure for the housing of potentially dangerous offenders, sex offenders and other ex-offenders that present a risk to the community was drafted and added to the protocol. However, the protocol and procedure were not signed off at this time.

The protocol and procedure was reviewed again in September 2007 and comments from previous consultation and some changes to working practices included. These documents were then circulated to all the partners for final comments and the final draft presented at the Strategic Management Board (SMB) for ratification in October 2007.

PURPOSE OF THE PROTOCOL

The protocol is intended to provide a simple but effective framework by which potentially dangerous offenders may rapidly be identified, assessed for risk and measures taken to minimise the potential of serious physical or psychological harm to members of the public. This may require the convening of a Multi-Agency Public Protection Panel (MAPPP) of relevant agencies prior to deciding whether the offender can and should be suitably housed in social housing/private rented housing, with or without additional support within the community.

The protocol also seeks to provide the framework by which all other ex-offenders that may present a risk to the community can be housed in social/private rented housing within the community, having taken the appropriate action to identify and assess the risks involved and the actioning of appropriate accountable measures to minimise the risk of physical or other harm to other members of the community.

It is intended that this framework will provide a more effective network of communication and co-operation between the signatories in relation to other relevant procedures and responsibilities relating to Crime and Disorder Act 1998, Sex Offenders Act 1997, Child Protection and the management of other less serious risk cases.

SHARED PRINCIPLES

Sussex Police and Sussex Probation acknowledge their Agency’s priority to protect the public from serious harm from potentially dangerous offenders, sex offenders and other ex-offenders that present a risk to the community.

MAPPA (Multi-Agency Public Protection Arrangements) is managed by the Responsible Authority; i.e. Police, Probation and the Prison Service. It is the role of the Responsible Authority to put robust arrangements in place, to assess and manage the risks posed by offenders who pose a serious risk of harm to others.

Key to the development of the MAPPA is the close involvement of other partner organisations such as social services, health services, youth offending teams and local authority housing departments. These partner agencies all have a duty to co-operate and work together with the Responsible Authority, to protect the public from possible harm posed by the few, known, high risk offenders and minimise the risks, making the arrangements multi-agency.

The local authority’s duty to co-operate with the MAPPA is outlined in the Criminal Justice Act 2003, s.32.

A Multi-Agency Public Protection Panel (MAPPP) may be called by Sussex Police, Sussex Probation or EastSussex County Council Adult Services or Children & Young Persons Services. Representation of these agencies will be at an appropriate senior level. Other signatories will only be invited to attend where their involvement can contribute to the risk assessment process in general or where decisions to be taken will relate to their specific areas or responsibility. Conference meetings will be subject to confidential information being shared amongst the attendees and will aim to identify the level of risk, the risk assessment and management process and agreed actions between the partners. A named individual from each agency will be identified to co-ordinate activity. Partnership agencies will give priority to attendance to ensure speedy conferencing.

MAPPPs will not be routine and the number of nominated potentially dangerous offenders considered will be limited to those posing the highest risk to avoid diluting the effectiveness of the system. Sussex Probation will maintain a register of potentially dangerous offenders in its area.

For MAPPPs to be effective, information will need to be shared frankly between the partnership agencies. It is critical that such information is handled with discretion, reflects anti-discriminatory practice and remains strictly confidential to the partnership agencies and other organisations involved unless jointly agreed otherwise.

Monthly Risk Assessment Meetings (RAMs) will be hosted by Sussex Police in conjunction with Sussex Probation. Representation of the other partner agencies will be at an appropriate level to take decisions on the risk posed and management of offenders featuring at these meetings. Again, these meetings are subject to confidential information being shared amongst the attendees where public protection outweighs the right to confidentiality.

In certain cases, the protection of the public may warrant staff in other agencies, those at risk, or those who have care of the offender, being appraised of the risk that an individual poses. In these cases, any such disclosure must always be subject to the agreement of the Police at a senior management level. Any disclosure in such circumstances will be limited to that which is necessary to protect specific members of the public from an imminent and specific threat of serious harm. Offenders, their families and associates may also require protection from the adverse response of some sections of the community.

Implicit in the need to assess risk and agree action is a recognition that this process will invariably be aided by a partnership approach, involving other relevant agencies with the objectives of achieving the best outcomes, and sharing responsibility for risk management.

In terms of housing, the above may require changes in allocation or transfer decisions in order to protect potential victims. Such decisions should be taken in conjunction with risk assessments by Sussex Police and Sussex Probation to ensure that any such housing allocations afford the relevant protection required. Such arrangements may require the action of reciprocal housing arrangements between local authority areas.

AIMS OF THE PROTOCOL

The protection of public from any physical or psychological harm, sexual and/or violent offences which threaten life or safety or other actions that may result in consequences that are so traumatic that recovery is typically lengthy or incomplete.

The protection of vulnerable individuals, the safety of individuals and/or members of their household where they may be considered in danger.

The acceptance of shared responsibility for the protection of the public, recognising the legal obligations of the Crime and Disorder Act 1998, Sex Offenders Act 1997, Housing Act 1996 (as amended by the Homelessness Act 2002), Childrens Act 2004 and any other relevant legislation that may apply.

SCOPE OF THE PROTOCOL

The protocol provides for an integrated, accountable approach to public protection from all the partnership agencies in which:-

The partnership agencies accept the need for a systematic, co-operative and supportive approach to public protection and understand the roles and responsibilities of other organisations which may be involved.
The partnership agencies accept that the sharing of information is seen as an integral part of the process of screening, risk assessment and risk management of offenders that may present a risk to the community.
The existing arrangements for convening and operating MAPPPs within EastSussex are recognised as providing the means by which screening, risk assessment and risk management are undertaken.

The scope of the protocol covers the following elements:-

Threshold criteria for convening a MAPPP on a potentially dangerous offender.

Risk Assessment – an assessment carried out to establish whether the subject is likely to cause harm to others. The assessment aims to identify the likelihood of harm and gravity of the consequences of future behaviour, to whom and in what circumstances.

Risk Management and Reduction – a plan or action taken to reduce or manage the risk which involves the monitoring of a person’s behaviour and attitudes and where necessary, to intervene in their life in order to try to prevent them harming others.

Confidentiality – the requirement to maintain as confidential all the information shared as part of the risk assessment and risk management processes at MAPPPs, RAMs and any other specific individual’s case conference.

Sharing of information – the nature of information to be shared with partnership agencies and other organisations where appropriate in risk assessment and risk management processes at MAPPPs, RAMs and any other specific individual’s case conference.

Housing options – the process involving Local Authority Housing Departments or Registered Social Landlords in assessing the housing needs options and requirements of offenders and/or their households.

Attendance by Local Authority Housing Departments and Registered Social Landlords at MAPPPs, RAMs and the role and responsibilities of these organisations at any such conferences.

ELEMENTS OF THE PROTOCOL

1)Threshold criteria for convening a MAPPP

There is threat of imminent danger or serious harm to the public from a known offender.

Where an offender is under current statutory community supervision, post custodial licence supervision or temporary release or post discharge supervision from special hospital (subject to hospital guardianship) or where Sussex Probation has had recent involvement or other significant contact, e.g. in report preparation bail information, bail hostel supervision or where, although there is no statutory contact, public protection issues demand involvement.

AND

Where inter-agency conferencing would reduce risk to the public by sharing information and agreeing each agency’s responsibilities.

2)Risk Assessment Process

Risk assessment is an assessment carried out to establish whether the subject is likely to cause harm to others. The assessment aims to identify the likelihood of harm and gravity of the consequences of future behaviour, to whom and in what circumstances.

This process should follow a risk screening procedure to confirm information and specifically the likelihood and gravity of the consequences of future behaviour so that attention is paid to potentially dangerous offenders and not those who pose a lesser risk.

Risk assessment must take into account the following (and any other pertinent factors):-

-the nature and pattern of previous offending

-compliance with previous sentences or Court Orders

-the probability that a further offence will be committed

-the harm such behaviour would cause

-any predatory behaviour which may indicate a likelihood of re-offending

-the potential objects/subjects of harm (and whether they are children or otherwise especially vulnerable)

-the potential consequences of disclosure to the offender and their family or household

-the potential consequences for the wider context of law and order

-the potential consequences of community reaction

-the response to treatment/rehabilitation programmes undertaken or made available

3)Risk Management and Reduction of Risk Process

Risk Management and reduction is the plan or action taken to reduce or manage the risk which involves the monitoring of a person’s behaviour and attitudes and where necessary, to intervene in their life in order to try to prevent them harming others. The components of a plan will vary according to the circumstances of the offender, the victim(s) or potential victim(s), the legal status of the offender and the judgement of the Courts.

A plan may include:

Supervision – an individual may be subject to supervision by an Order or as a result of a decision by the Court.

Incarceration – an individual cannot be contained safely within the community and a custodial sentence is indicated.

Implementation of existing procedures/practices or changes to these for “management” purposes

-Health & Safety, rehousing, eviction action, etc….

-Treatment – the individual(s) posing a risk may be amenable/responsive to treatment.

Disclosure of information – informing other agencies, those at risk or those who care for them of the risk an individual(s) poses.

Victim Protection – protecting a victim by rehousing or relocation, Child Protection Conference or legal remedy such as injunction.

Application to the Court for a Sex Offender Order – in appropriate cases application by the Police to a Court for a Sex Offender Order.

A Risk Management Plan will be reviewed regularly depending on the level of risk or if other factors subsequently come to light which have a direct consequence on the plan.

4)Attendance by Local Authority Housing Departments and Registered Social Landlords at MAPPPs, RAMs or Other Specific Individual’s Case Conferences.

A separate protocol on attendance by Local Authority Housing Departments has been prepared. In line with DCLG (formerly ODPM)/Home Office guidance it is agreed that this protocol is extended to Registered Social Landlords and they are bound by its requirements.

The details of this protocol are:-

PRINCIPLES

Local Authorities have a responsibility to address community safety issues (s.17 Crime & Disorder Act, 1998).

Local Authorities have a duty to protect children and/or other vulnerable adults.

Local Authorities have duties under housing and homelessness legislation to take and consider such applications.

A rational, overt system for housing potentially dangerous offenders, sex offenders or other offenders that pose a risk to the community enables potential risks to children and other vulnerable people to be addressed.

Statutory agencies have a responsibility to inform, advise and support Housing Authorities in implementing all risk management policies.

If requested, consideration should be given by all agencies to an appropriate housing solution to house offenders.

All agencies should first seek to protect their most vulnerable groups.

RESPONSIBILITIES OF HOUSING AUTHORITY STAFF

Local housing authorities accept a responsibility to provide relevant information, advice and guidance on a “need to know” basis and to share information at appropriate/critical stages in the risk assessment process.

Local housing authorities accept that risk assessment is the role/responsibility of Officers/Professionals within Agencies such as the Police, Probation, Forensic Services or social services who have either specialist knowledge and training in this area or are professionally involved with the individual concerned. Housing Authorities can, however, contribute important knowledge, information and expertise to the risk assessment process and to the devising of specific strategies for managing the risk posed by individual offenders.

For example, housing authorities will contribute through providing details/knowledge of:-

the availability of accommodation
housing and support options/alternatives
local estate areas – facilities/features which could be of assistance or pose a risk to other residents
the likely priority for housing of individuals

The housing authorities accept that they have a responsibility to maintain strict confidentiality of any information obtained in the risk assessment process and will maintain confidentiality policies and procedures to ensure the security of such information.

PROCEDURES

East and EastSussex and Brighton & Hove local housing authorities will identify a Senior Housing Officer from one of their number to represent all these local housing authorities on a Pan Sussex basis on the Serious Offenders Strategic Management Board (SMB).

EastSussex Chief Housing Officers Group (ESHOG) will identify an appropriate Senior Housing Officer to represent all EastSussex local housing authorities at the regular MAPPP meetings. Each local housing authority in EastSussex will identify an appropriate Senior Housing Officer to attend the regular MAPPP meetings to discuss specific cases where requested. The Senior Housing Officer identified to attend the SMB and the regular MAPPP meetings is responsible for obtaining and disseminating appropriate information for the local housing authorities represented at those meetings.