The Registration and Management of Critical Public Protection Cases

• the criteria for CPPCs are understood;
• offenders who meet the criteria are correctly identified, considered for CPPC referral and, when the criteria for registration are met, are referred in a timely manner;
• the role NOMS OMPPG when informing Ministers and MPs about the release of registered CPPCs is understood and supported through the provision of accurate and comprehensive information;
• the availability and eligibility for additional funding to strengthen local risk management plans is understood, so that the NPS make timely applications for funding in appropriate cases;
• offender managers in the NPS and their senior managers are aware of the availability of support and guidance and the opportunity for discussion on the approach to the management of complex cases, linked to the offender’s high public profile or significant risk to staff safety; and
• public protection leads in probation divisions are aware that they will be contacted by the Head of the CPPC Team to advise them of the potential release of an offender who has been indentified as being noteworthy.

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CONTENTS

1.Executive Summary

Background

1.1The NPS within NOMS has a responsibility to Ministers and the public to ensure that there is effective, robust and consistent management of those offenders who present the highest risk of serious harm, have a significant national or particularly sensitive profile and who, consequently, present particular difficulties with respect to their supervision. Such cases should be assessed under the criteria for Critical Public Protection Cases (CPPCs) and, where the criteria are met, referred for registration. ThisInstruction contributes to our core aim of protecting the public.

1.2The management of this work within NOMS is the responsibility of the Critical Public Protection Casework (CPPC) Team. This Team is located in the Dangerous Offenders Section within the Offender Management and Public Protection Group (OMPPG) in NOMS. The Dangerous Offenders Section comprises of the CPPC Team, Extremism Team, Central Projects Team and Serious Further Offences Team. Support, advice and guidance on most aspects of the management of dangerous offenders, high profile offenders or those that present particular challenges in their risk management,can be accessed via contact with the CPPC Team.

Desired Outcomes

1.3This Instruction reiterates the arrangements for the management of CPPCs, within the NPS.

1.4The aim of this Instruction is to ensure that:

• the criteria for CPPCs are understood;
• offenders who meet the criteria are correctly identified, considered for CPPC referral and, when the criteria for registration are met, are referred in a timely manner;
• the role NOMS OMPPG when informing Ministers and MPs about the release of registered CPPCsis understood and supported through probation trusts provided accurate and comprehensive information;
• the availability and eligibility for additional funding to strengthen local risk management plans is understood, so that NPS staff make timely applications for funding in appropriate cases;
• offender managers and their senior managers are aware of the availability of supportand guidance and the opportunity for discussion on the approach to the management of complex cases, linked to the offender’s high public profile or significant risk to staff safety; and
• public protection leads in NPS divisions are aware that they will be contacted by the Head of the CPPC Team to advise them of the potential release of an offender who has been indentified as being noteworthy.

Application

1.5Senior Community Managers in the Directorate of Probation must ensure divisions within the NPS are aware of, and comply with, the mandatory actions which are summarised below:

Mandatory Actions

1.6Staff with responsibility for offender management, case administration and Multi-Agency Public Protection Arrangements (MAPPA) must be familiar with Sections 2 and 3 of this Instruction and understand its mandatory nature. Deputy Directorsof NPS must ensure that all relevant staff are aware of this Instruction and that the mandatory actions are followed.

1.7This Instruction relates to aspects of PI08/2012-Implementation of the Service Specification for “Manage the Sentence: Pre and Post Release from Custody” and clarifies the guidance which should be applied to the management of highrisk of serious harm offenders. It is anticipated that this will be updated in 2014.

Resource Impact

1.8 There is no anticipated impact on resources. In essence, this is not a policy change but a revision to the references in the existing PI in light of the Transforming Rehabilitation Programme. By definition CPPC cases have and will be MAPPA eligible cases managed at level 3, therefore all will be cases managed within the NPS and there is no impact on the CRCs. As such, there are no additional resources required.

(Signed)

Colin Allars

Director of Probation and Contracted Services, NOMS

2.Identification of Critical Public Protection Cases

2.1Cases should be considered for referral for CPPC registration where the following criteria are met:

• the case is being managed at MAPPA Level 3 (which can include those cases where the NPS is not the lead agency but where the NPS is making a significant contribution to the risk management plan, for example, a voluntary placement at an Approved Premises);
• in almost all cases, the offender is assessed as presenting a very high risk of serious harm, and the likelihood of a sexual or violent offence is imminent when the offender is in the community; and/or
• the offender has a high public profile and attracts or is likely to attract significant national media interest.

Identification of National Critical Public Protection Cases (“National Cases”)

2.2The management of a very small number of registered CPPCs requires national oversight, which is sponsored by OMPPG. National CPPC arrangements are reserved for genuinely exceptional cases and where resettlement represents a very high risk to individuals (public, victims, staff or offender) and there is potential for organisational reputational risk due to exceptional public interest and scrutiny. Typically, although not exclusively, this will involve cases where a full national identity change has been agreed for the offender.

2.3National Cases will be those where successful management requires national co-ordination because:

• the offender presents risks which are exceptionally challenging for the NPS and MAPPA, and their management and re-settlement arrangements require the attention of the NationalCases OversightBoard; or
• high media profile or public interest could result in public disorder, undermine public confidence in the criminal justice system and/or agencies managing the case, or hinder the successful implementation of the risk management plan, and in some cases, may threaten the life of the offender.

Complex Casework Advice and Support

2.4Journalists reporting for national media are known to maintain an interest in a few offenders by tracking their progress throughout their sentence and bringing them to public attention at the time of their release. This factor adds to the complexities and challenges around the management of these cases. NOMS OMPPG has developed procedures, in close co-operation with the Ministry of Justice Press Office,which will initiate planning for release on these offendersthatbegins earlier than most other cases.

2.5An outline of the process is that:

• OMPPG maintains a database of ‘noteworthy’ offenders,tracking their progress through the prison system. If a ‘noteworthy’ offender is within a year of potential release, the Head of the CPPC Team will contact the NPS division publicprotection lead to establish the current plans in place for the potential release and whetherany additional advice, guidance or support is or is likely to be required by the offender manager and senior probation officer as they develop the risk management plan, with MAPPA partners, prior to release;
• guidance will be offered on a case by case basis by the Head of the CPPC Teamwhich is aimed at assisting NPS in the development of a considered planned approach in relation to the management of the complexities associated with the release of a high profile offender. This approachaims to supplement current probation practices, support offender managers and their senior probation officers and so seeks to provide points to consider at key stages of the sentence, and provide assistance for the effective management of these cases on release into the community; and
• the NPS division public protection leads or other relevant senior managers can also request guidance and seek assistance from the Head of CPPC with the management of offenders who present significant challenges, typified by behaviours such as corruption, extortion and intimidation of staff.They can then offer support locally to the offender manager and their senior probation officerresponsible for the case, referring back to the Head of CPPC as required.

2.6It is recognised that NPS staff can often face complex and demanding challenges in the management of offenders who may not be high profile. The Head of CPPC is always willing to discuss such cases even if they may not meet the threshold for CPPC registration. The Head of CPPC is able to draw on the experience of assisting the NPS to manage these complex cases across England and Wales and may be able to offer strategies and approaches to managing risk that had previously not been considered locally.

3.Operational Instructions

Referral and Registration of CPPCases

3.1Every MAPPA Level 3 case should be considered for suitability for referral for CPPC registration. The decisionshould be recorded on the Multi Agency Public Protection Panel (MAPPP) minutes.With respect to a national case referral, thisshould be undertaken only by the relevant senior manager. This updates Section 19 of the new MAPPA guidance (version 4 May 2012).

3.2Where a decision is taken to refer an offender for CPPC registration, the offender manager must complete theCPPC Referral Form and provide the relevant supporting documentation.The CPPC referral form is attached to this PI at Annex A and is also available electronically on National Delius.Thesenior probation officer (or equivalent) and a senior manager of the NPS should indicate their support for the referral on the form. This is an endorsement of the decision to refer and of the quality of the information provided in the referral. If there is uncertainty regarding the referral process or whether a case meets the criteria, guidance should be sought at the earliest opportunity from the Head of the CPPC Team.

3.3.The form must be e-mailed to together with scanned supporting documentation as detailed in CPPC Referral Form.

3.4On receipt of the referral documentation the referrer will be notified within 15 working days, whether the case has been accepted for CPPC registration. Therefore, to enable the development of necessary plans and put resources in place it is beneficial to all for the referral documentation to be received in a timely manner, ahead of the release date. This is particularly the case if additional funding is also requested, see below.

3.5Applications for additional funding for CPPC cases to supportthe risk management of a qualifying CPPC offender will only be consideredafter CPPC registration. The application for funding form will be sent with out with the confirmation of registration notification

Further:

• if awarded, funding will usually be for limited time periods – normally, a maximum of three months;
• if additional funding is sought, the senior manager must endorse the fully completed ‘Additional Funding Application Form’;
• applications must be supported by detailed and itemised additional staffing costs and, where equipment and modifications to fixtures and fittings are requested e.g. flame proof bedding, alarms or cameras, a current quote from the relevant suppliers must be provided;
• commitments to incur additional costs must not be made before written confirmation that an application for funding has been agreed has been sent by the CPPC Team;
• funding decisions will be reviewed regularly, the frequency of which will be dependent of the specific cases details;
• expenditure must not exceed agreed amounts or extend beyond agreed time limits. If further funding is required, this must be sought in advance by contacting CPPC Team; and
• where the Head of the CPPC Team turns down an application for funding, an appeal may be made in the first instance to the Head of Dangerous Offenders Section.

3.6The relevant NPS divisionmust submit written confirmation of the actual costs incurred before any money will be reimbursed by NOMS.

3.7Where a case meets the criteria for consideration as a National Case, as set out in paragraph 2.2 above, a request for registration must be submitted by the senior operational lead with the endorsement of the Deputy Director using the CPPC referral form.The decision as to whether to register a case as a National Case rests with the Head of OMPPG.

3.8Consideration of CPPC registrationshould be reviewed at all subsequent Level 3 MAPPA Meetings.

Offenders not subject to statutory probation supervision

3.9If the offender is not subject to statutory probation supervision, but is being managed at MAPPA Level 3 and meets the criteria for a CPPC, an offender manager must be allocated and the referral process must be followed.

3.10The MAPPP will need to decide whether and how they can sustain an active risk management plan. If a period of residence in Approved Premises will facilitate resettlement and enhance public protection, this should be considered in accordance with the Offender Management Act 2007 (Approved Premises) Regulations 2008.

Action required on release for CPPCases

3.11The offender manager must:

• keep the CPPCTeam informed of any changes to the release date;
• inform the CPPCTeam of proposed licence conditions; and
• confirm with CPPCTeam on the day of release that the offender has been released, whether they have reported as instructed and confirm that the licence conditions remain as previously notified.

3.12Thereafter, the responsibleNPS staff must:

• provide a copy of all MAPPA minutes to CPPC Teamas soon as they are available by email to ; and
• advise the CPPCTeam of any change that means a case no longer meets the criteria for registration. The decision to deregister lies with the Head of CPPC.

Action required in the event of recall

3.13The offender manager must:

• notify the CPPCTeam immediately if the offender is recalled to prison;
• ensure CPPCases are dealt with under ‘emergency recall’ arrangements unless there has been prior consultation with the CPPC Team; and
• ensurethat CPPC registration is considered following recall and prior to release.

3.14For all CPPC correspondence or enquiries,please e-mail in the first instance.

The Role of NOMS Offender Management and Public Protection Group