Police reform: a developing picture - APRIL 2014

 
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Police reform:
a developing picture
AP R I L 2014

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Contents

Introduction and executive summary		2
Governance and accountability                                               6
Partnerships: collaboration and commissioning                           14
Public communication and transparency                                   20
About us                                                                29

  Methodology
  This report is based on:
  • our survey of senior people from within the police sector on:
    risk leadership; partnerships and alternative delivery models;
    and public communication
  • our review of police and crime plans, police and crime commissioners’
    annual reports and police financial statements produced in 2012/13
  • our review of police and crime commissioners’ websites and use of
    social media
  • a detailed review of the 2012/13 annual governance statements
    and explanatory forewords of 150 English councils, fire and
    rescue authorities and police bodies, comparing them to our best
    practice criteria
  • a range of case studies illustrating good practice.

                                                                                Police reform: a developing picture   1
Introduction and executive summary

The Police Reform and Social Responsibility Act 2011 (PRSRA) has presented the
sector with a wide range of challenges and opportunities. This report looks at how
the sector is responding.

The PRSRA has resulted in significant                                To further complicate the                  This review focuses on three areas
changes to decision making structures                            governance considerations, although        where the sector has opportunities
in the police sector. The election of                            one corporation sole is directly           to develop:
police and crime commissioners                                   accountable to the other, they share key   1 Governance and accountability:
(PCCs) in November 2012 introduced                               governance mechanisms, including joint       getting the most from the structures
a new model of governance and                                    audit committees and internal audit          established through the new
accountability in England and Wales.                             functions. In addition, there                arrangements. Setting a tone from
This aimed to “make the police more                              has been a transient nature to the           the top that views proper corporate
accessible, accountable and transparent                          immediate arrangements while the             governance as central to the
to the public”1.                                                 sector prepared itself for ‘stage two’ –     successful delivery of local police
    Police authorities have been                                 a comprehensive consideration of the         and crime reduction priorities
replaced by two separate entities.                               legal and governance requirements          2 Partnerships, collaboration and
PCCs and chief constables have been                              which needed to be designed, approved        commissioning: implementing
established in law as separate legal                             and implemented by 1 April 2014.             robust and proportionate governance
entities and given equal status as                                   While these changes have presented       arrangements for collaboration
corporations sole.                                               structural challenges, they have also        and commissioning, which retain
    Corporations sole are rare in the                            provided the sector with opportunities       accountability without stifling
public sector. Many of the conventional                          to think about how best to shape itself      innovation
governance norms and processes                                   for the future. These challenges cannot    3 Public communication and
developed over decades in other sectors                          be met, nor opportunities realised,          transparency: engaging with the
could not be transferred across to these                         without strong governance frameworks         public and wider stakeholders to
new bodies. Governance and decision                              that permit innovative and flexible          inform and assure them about service
making arrangements needed to be                                 solutions and maintain transparency,         performance, financial performance
re-considered within each entity and in                          accountability and effective risk            and governance arrangements
the way they relate to each other.                               management.

1
    Policing in the 21st century: reconnecting police and the people, Home Office, July 2010

2        Police reform: a developing picture
Governance and accountability                                  However, the recent formation of these      between PCCs and police and crime
The new governance and accountability                          joint committees means many are still       panels have been framed in terms of
structures in the police sector rely                           finding their feet. There are differences   the scrutiny aspects of panels’ roles.
heavily on the strength and effectiveness                      of opinion across the sector as to the      While this is an important function of
of relationships. One of the central                           role of the joint audit committee.          panels, we feel that the PRSRA allows
relationships is between the PCC and                           Some have struggled to reconcile the        for a broader approach. Working
the chief constable. Despite some high                         advisory role envisaged by the Financial    collaboratively, PCCs and panels
profile incidents since the election of                        Management Code of Practice2 with a         could also provide a lever for effective
PCCs, the general perception is that                           view that the audit committee should        partnership working, particularly in
this relationship is working well. Over                        be holding the PCC and chief constable      crime reduction and prevention activity.
80% of respondents to our survey                               to account. Committees have also faced          The PRSRA requires the panel to
felt that PCCs have been effective in                          the challenge of providing assurance to     operate “with a view to supporting the
holding chief constables to account.                           two bodies, even though one of those        effective exercise of the functions of the
All agreed that both parties have a                            bodies is responsible for holding the       PCC for that police area”3. A healthy
shared vision for the next three years.                        other to account.                           balance between challenge and support
    Some structural aspects are still                              PCCs and chief constables must          is required to maximise beneficial
developing and will take time to                               take the lead in engaging with their        outcomes in each policing area.
embed effectively, in particular joint                         committees, giving them a clear purpose         The progress made in developing
audit committees and police and crime                          with links to strategic objectives and      corporate governance has been
panels. Respondents to our survey did                          risks. However, we also see a role for      encouraging. A lot has been achieved
not identify PCCs or chief constables as                       committees to work proactively with         in a short time. This is particularly
one of the top three people responsible                        the PCC and chief constable, to make        impressive given that, in many cases,
for good governance. This is a concern                         them ‘intelligent customers’ and ensure     police bodies have had to design new
because, legally, they are charged                             they understand and realise the benefits    governance arrangements from scratch.
with governance in their organisations.                        of an effective audit committee.            As ‘stage two’ is implemented and
As the key decision makers and leaders                             Respondents to our survey are           governance arrangements become
in the sector, their clarity of direction                      divided almost evenly on the issue          embedded, it will be important for
and tone is crucial to the effective                           of how effective police and crime           PCCs and chief constables to be
development of police governance.                              panels have been in holding PCCs to         champions of strong governance,
    Each police area has established a                         account. There is not always clarity or     assurance and accountability
joint audit committee. Respondents                             consistency of view about the exact role    frameworks in their local areas.
largely regard these as effective.                             of the panel. Many of the relationships

2
    Financial management code of practice for the police service of England and Wales, Home Office, 2012
3
    Section 28A Police Reform and Social Responsibility Act 2011

                                                                                                                     Police reform: a developing picture   3
Partnerships: collaboration                     The introduction of PCCs and                 Notwithstanding this, PCCs
and commissioning                           changes in funding arrangements,             should still seek to be assessed not on
In recent years, much has been made         meaning both police and crime                the inputs – the number of officers,
of constabularies’ ability to maintain      reduction and prevention services            for example – but on the outcomes
police officer numbers and the capacity     are now commissioned from the                they achieve. A mature evaluation
of forces to fight crime. However,          same fund, provide an opportunity            would judge them on the absence of
a strategy that focuses primarily on        to develop better co-ordinated               crime, rather than their response to
capacity to respond to and deal with        partnership working and accountability       it. Moving to this position requires
crime may not be sustainable in the         mechanisms based on outcomes.                a shift in attitudes in the sector and
economic climate.                               Good crime prevention and                more importantly in the minds of those
    PCCs may need to make brave             reduction requires effective                 assessing performance of police areas
decisions about the future shape of         commissioning and partnership                and holding them to account.
their service delivery models. There will   working. With finite budgets,
be benefits in commissioning police         doing this on a large scale may mean
services via collaborative working,         diverting money away from front line
which is already well underway in parts     recruitment and deployment and into
of the sector.                              other crime reduction strategies. It may
    More can be done to develop             also mean working more with other                         Good crime
effective cross sector approaches to        agencies and organisations to prevent                   prevention and
preventing and reducing crime.              crime, rather than responding to it later.            reduction requires
    There were mixed views from our             However, it would be a brave                   effective commissioning
survey respondents about the impact         politician who announces a reduction                   and partnership
of PCCs on partnership arrangements         in police numbers to fund more                             working.
in the sector. It will be important         preventative measures. In reality,
for PCCs to track and alter negative        there would need to be a period of
perceptions in this area if they are to     time in which spending on numbers
demonstrate a beneficial impact on          was maintained while spending on
partnership working.                        preventative measures embedded and
                                            took effect. This is not necessarily
                                            feasible in the financial climate.

4    Police reform: a developing picture
Public communication                          accountability by enabling instant              The majority of respondents
and transparency                              dialogue and feedback. We encourage         to our survey felt that explanatory
The Government has placed local               local police bodies and their partners to   forewords and annual governance
accountability at the centre of the PCC       continue developing this aspect of their    statements help the public to
arrangements. The key accountability          communications.                             understand the organisation’s financial
mechanism is the local electorate, who            Each PCC has produced a police          and risk management. Our review of
provide PCCs with a mandate and               and crime plan setting out how it plans     explanatory forewords to the accounts
assess their performance in delivering        to address local priorities. Our review     and annual governance statements
against local priorities at the ballot box.   of these priorities identified some         (AGSs) for 150 councils, fire authorities
To do this, the public needs to have          consistent themes across PCCs. The          and police bodies found that most only
access to a range of information which        most popular priority areas were:           met minimum standards rather than
is easily accessible, understandable          • preventing crime – included in 63%        providing genuine insight.
and reliable.                                   of police and crime plans                     The accounts, explanatory foreword
    Research undertaken since the             • supporting victims – included in          and AGS allow the PCC and chief
inception of PCCs has indicated that            51% of police and crime plans             constable to communicate effectively
not all PCCs were complying with their        • combating anti-social behaviour –         to the electorate on how they are
statutory obligations to publish certain        included in 41% of police and             performing against their priorities and
items of information. Our review                crime plans.                              objectives. Few make the most of this
of police and crime plans identified                                                      opportunity. Many bodies present
similar findings, with only 18 out of 42      Each PCC has also produced an               information in a way that is often
including all six elements required by        annual report to communicate progress       incomprehensible to the lay reader.
the PRSRA.                                    against local priorities. While many            In 2012/13, finance professionals
    Despite not yet meeting all of their      respondents saw these as a good way to      had to make a number of difficult
statutory transparency requirements,          promote local accountability, a quarter     judgments about how best to account
PCCs are engaging with the public and         did not. Creating annual reports was        for the transition to PCCs and the
many have embraced social media as an         challenging for PCCs in 2012/13 as          creation of chief constables as separate
accessible way to do this. Our analysis       they had only been in post for four         legal entities. The result was a degree of
of PCCs’ use of social media identified:      months. However, all published some         variation across the sector that cannot
• all PCCs have some presence on              form of public facing document that         be explained by local circumstances
  Twitter                                     captured progress or performance            and which is not desirable in the long
• 30 have a Facebook page                     to date. Annual reports could be            term as it prevents comparison of
• 16 have a channel on YouTube.               enhanced by the inclusion of financial      performance. The Chartered Institute
                                              information which is accessible to lay      of Public Finance and Accountancy
These forms of online communication,          readers.                                    (CIPFA) has clarified and confirmed its
when combined with enhancements to                                                        existing guidance on the requirements
the more traditional statutory reporting                                                  of police bodies, which should help
requirements, can provide an effective                                                    to address these inconsistencies for
means of public engagement. They                                                          2013/14.
give local people access to those who
provide their services and increase

                                                                                                    Police reform: a developing picture   5
Governance and accountability

The Government’s reforms to policing in the UK aimed to “make the police more
accountable, accessible and transparent to the public”4. Strong governance and
accountability are therefore at the heart of the PCC’s role. However, the Government
has given each PCC and chief constable considerable freedom to design governance
arrangements.

Police governance and accountability framework

                            Accountability
                            Assurances                                      POLICE AND
                                                                            CRIME PANEL

                                                                                     POLICE AND
                                                                                                                                         PUBLIC
          AUDIT COMMITTEE

                                                                                       CRIME
                                                                                    COMMISSIONER

                                                                                                 CHIEF
                                                                                               CONSTABLE

This ‘blank sheet of paper’ approach                             Relationships between the PCC              the other adds an interesting dynamic
means that governance arrangements                               and the chief constable                    to governance and accountability in
have developed and matured differently                           One of the greatest innovations in the     the sector. The relative complexity
across the country. However, the                                 new police governance structures is        of the arrangement, coupled with the
PRSRA mandates three governance                                  the creation of two new corporations       scope to develop and agree locally how
structures that should be in place in                            sole: the PCC and chief constable.         they will work in practice, means that
every area. These are:                                           This moves governance away from            the relationship between these two
• the relationship between the PCC                               the corporate board model which was        individuals is key to ensuring good
  and the chief constable                                        in place under the police authority        governance in the police.
• audit committees                                               arrangements, to one in which both             It is difficult to measure reliably
• police and crime panels.                                       bodies are established as separate legal   how those relationships are developing.
                                                                 entities. The unusual situation of one     However, 84% of respondents to
                                                                 corporation sole being accountable to      our survey agreed that the PCC is

4
    Policing in the 21st century: reconnecting police and the people, Home Office, July 2010

6        Police reform: a developing picture
effective in holding the chief constable    The office of the PCC is effective in holding
to account. This suggests that inside       the chief constable to account (%)
the sector this aspect of the new
arrangements is considered broadly
effective. Nevertheless, the picture
in each area will depend on the                       30                       54
personalities involved. The high-profile
cases of some chief constables leaving
their posts have been discussed in detail
by the Home Affairs Select Committee         STRONGLY AGREE            TEND TO AGREE

and in the press. Notwithstanding this,
the level of chief constable turnover has
                                                      14                        2
not been as high as many might have
expected prior to the election of PCCs
in 2012.
    Respondents to our survey were
unanimous in their view that their PCC
                                             TEND TO DISAGREE       STRONGLY DISAGREE
and chief constable have a clear, shared
understanding of strategic priorities
over the next three years. While the        The PCC and the chief constable have a
                                            clear, shared understanding of strategic
effectiveness of the new arrangements
                                            priorities for policing over the next three               While the
may be heavily dependent on the             years (%)                                            effectiveness of the
strength of relationships, there is
                                                                                               new arrangements may
much to suggest that the key one
                                                                                              be heavily dependent on
between PCCs and chief constables
                                                      70                     30             the strength of relationships,
is currently strong.
                                                                                            there is much to suggest that
                                                                                             the key one between PCCs
                                                                                                and chief constables is
                                             STRONGLY AGREE            TEND TO AGREE               currently strong.

                                                      0                        0
                                                     14

                                             TEND TO DISAGREE       STRONGLY DISAGREE

                                                                                                Police reform: a developing picture   7
Audit committees
                                                                                              The Financial Management Code of Practice (FMCP)
    WHO DRIVES GOOD GOVERNANCE?                                                               requires that PCCs and chief constables have an independent
                                                                                              audit committee5 and recommends that this requirement
    Our survey respondents identified organisations’ most senior                              is met through a shared body. All PCCs and chief
    officers as having the impetus to foster good governance                                  constables have established joint audit committees since
    arrangements. However, PCCs and chief constables are                                      November 2012.
    seen as less important drivers of good governance. This is                                    The FMCP sets out the audit committee’s role as
    a concern as they are officially charged with governance in                               considering the internal and external audit reports and
    their respective organisations.                                                           advising both bodies on good governance principles and risk
     CFO/treasurer                                                                            management arrangements. It also recommends the following
                                                                                              practical considerations:
     OPCC chief executive                                                                     • Membership – the audit committee should comprise
                                                                                                between three and five members who are independent of
     Deputy/assistant chief constable                                                           the PCC and the force
                                                                                              • Terms of reference – the audit committee should
     Chief constable                                                                            establish formal, annually reviewed terms of reference
                                                                                                covering its core functions. Best practice principles
     Police and crime commissioner
                                                                                                should be considered in determining the activities of
                                                                                                the committee
                                                                                              • PCC and chief constable representation – the executive
     Other
                                                                                                of the PCC and the force command team should be
                                                                                                represented at audit committee meetings
    0             5           10               15        20           25            30
                                                %                                             Beyond this there is little in the way of police specific
                                                                                              guidance about how the audit committee should be
                                                                                              structured and what its role and functions should be.
                                                                                                  The FMCP makes it clear that the role of audit
                                                                                              committees is “to advise the chief constable and PCC”.
                                                                                              However, many audit committee members see their role as
                                                                                              one of holding the PCC and the chief constable to account.
                                                                                              This points to a tension between the advisory role envisaged
                                                                                              by the FMCP and a scrutiny role which many audit
                                                                                              committee members may be more familiar with from their
                                                                                              experiences outside of the police or, in some instances, in
                                                                                              their role as former police authority members.

5
    Financial management code of practice for the police service of England and Wales, Home Office, 2012

8        Police reform: a developing picture
party assuming the other has taken          influential and authoritative source of
 “The audit committee risks
                                           responsibility for managing particular      advice about good governance and risk
 becoming a bulldog with
                                           risks. Audit committees are ideally         management practice.
 rubber teeth.”                            placed to review the governance of              There are a number of potential
 POLICE AUDIT COMMITTEE MEMBER             significant collaboration arrangements      barriers to audit committee
                                           to assess whether they remain fit           effectiveness in the police sector. Given
The PRSRA vests sufficient holding         for purpose in new organisational           how early in their development most
to account powers in the PCC and           structures. They should consider how        audit committees are, it is too early to
the police and crime panel. Audit          best to work with the audit committees      be sure that they are overcoming all of
committees should instead focus on         of partner organisations to ensure there    these barriers effectively.
their assurance role by ensuring their     is a shared understanding of risks and          Most independent members are
work plan concentrates on some or all      assurances in place. In situations where    engaged for four days a year, reflecting
of the following areas:                    forces are involved in long-term, wide-     the typical quarterly cycle of meetings.
                                           ranging collaborations, setting up a        However, to really understand the
High risk projects                         joint audit committee across forces, or     risks and possible sources of assurance,
Audit committees need to focus their       holding periodic joint audit committee      committee members need time to
work on areas of change such as major      meetings across forces, might be            engage with both bodies outside of this
construction projects, the establishment   appropriate.                                cycle – perhaps by scheduling regular
of new collaboration arrangements, or                                                  meetings with officers and staff, or by
significant changes to staff structures    Internal audit
                                                                                       visiting the force’s operational bases.
or officer roster patterns. The            Audit committees are the champions of
independence of committee members          risk management and good governance
will enable them to constructively         in their organisations, so they need to
challenge senior officers about the        be proactive in ensuring that internal
controls in place over significant         audit support this agenda. The best
risks, and to advise the PCC or chief      audit committees are challenging
constable where those controls are         internal audit teams to refocus their
                                                                                                Good governance
not effective.                             work on areas where it will add most
                                                                                                  of collaboration
                                           value to the organisation, informed by
Collaboration                              their knowledge of key risks. Audit
                                                                                              arrangements requires
Good governance of collaboration           committees also need to ensure their                  both parties to be
arrangements requires both parties to      providers are complying with new                   clear about who owns
be clear about who owns which risks.       Public Sector Internal Audit Standards                   which risks.
Where two or more organisations are        (PSIAS).
working together, there is a danger            All of these activities will increase
that governance and risk management        the value of the committee’s work and
will fall between two stools, with each    help ensure the committee becomes an

                                                                                                 Police reform: a developing picture   9
Another challenge for audit committees     reference which has been agreed by the         The PCC meets regularly with the chair of
is to manage their time to meet the        PCC and chief constable will help to           the audit committee to discuss risks and
needs of both bodies. There is a real      avoid some of the potential conflicts          assurances (%)
threat that the audit committee’s work     inherent in the new arrangements.
plan and agenda is driven more by              In our experience, audit committees
one party than the other. This risks       are most effective where they have
                                                                                                   13
weakening the effectiveness of the         face-to-face meetings with the PCC                                             53
governance and assurance mechanisms        and the chief constable. This seems
supporting the other body.                 an obvious point, yet over 30% of
    Encouragingly, our survey suggests     our survey respondents did not think
                                                                                          STRONGLY AGREE          TEND TO AGREE
that audit committees are managing         that committee chairs were meeting
this aspect of their role successfully.    regularly with the PCC and chief
Over 90% of respondents either agreed      constable or other senior officers.                     24                     10
or strongly agreed that they were          Without this regular interaction, it is
satisfied the audit committee allocates    difficult for PCCs and chief constables
sufficient time to the business of both    to be clear about what they want from
organisations to provide appropriate       their audit committees and to be sure
assurance to each on key issues            that they are getting it.                      TEND TO DISAGREE      STRONGLY DISAGREE
and risks.
    The role of the PCC in holding
                                           I am satisfied the audit committee             The chief constable or an immediate report
the chief constable to account adds a      allocates sufficient time to the business of   meets regularly with the chair of the audit
unique dynamic. Audit committees           both organisations to provide appropriate      committee to discuss risks and assurances
may need to provide assurance to the       assurance to each on key issues and risks      (%)
                                           (%)
PCC to support them in this aspect
of their role, or there may be points
of contention between the PCC and
the chief constable. There is a risk                 37                      55                    29                     39
that committees find themselves
unintentionally ‘taking sides’ or even
acting as a ‘referee’. Having some
clarity of purpose via a terms of           STRONGLY AGREE           TEND TO AGREE        STRONGLY AGREE          TEND TO AGREE

                                                     8                                             24                      8
                                                                              0

                                           TEND TO DISAGREE        STRONGLY DISAGREE      TEND TO DISAGREE      STRONGLY DISAGREE

10   Police reform: a developing picture
While PCCs and chief constables should be responsible
for engaging with their audit committees and setting the
committee’s overarching goals, there is an important role for
audit committee chairs to assist PCCs and chief constables
in becoming ‘intelligent customers’ of the committee. This
process of education will help both parties to ensure that the
committee’s work is adding value and should increase the
impact and profile of the committee within both bodies.

  GUIDELINES FOR AN EFFECTIVE AUDIT COMMITTEE

      The presence of a clear purpose that is linked to the
      strategic objectives and risks of the organisations they
      operate within. In a police context, this means that
      committees should agree terms of reference with the
      PCC and chief constable.

      The ability to balance the demands of the PCC and the
      chief constable. Having a regular dialogue with both
      parties about what risks they face and what assurance
      they require from the committee will ensure the
      committee’s work has impact. The committee should
      be prepared to adapt and improve when necessary.

      Planning work to make effective use of limited time.
      Review standing items on agendas, and consider
      whether they address the key risks faced by the PCC
      and the chief constable. Audit committee annual reports
      allow committees to discuss their own effectiveness and
      communicate their impact on the wider organisation.

      Membership is key. Audit committees need a skilled
      chair who can keep the work of the committee on track.
      There needs to be a balance of financial and operational
      experience. Committees with a varied background tend
      to be most effective.

                                                                 Police reform: a developing picture   11
Police and crime panels
The picture of strong arrangements                                “The police and crime panel is weak as water.”
emerging between the PCC and chief
                                                                  “Tendency to behave in similar way to former police authority.
constable contrasts with our findings
about police and crime panels. Only
                                                                  Have not yet come to terms with their role as holding commissioner,
54% of respondents to our survey
                                                                  rather than chief constable, to account.”
agreed that the police and crime panel is                         “They are still finding their feet.”
effective in its role of holding the PCC
to account.
                                                                 SURVEY RESPONSES
The police and crime panel is effective in
holding the PCC to account (%)                                 The requirements of the PRSRA mean            There is a broader issue of the
                                                               that panels will always have a large      limited formal powers afforded to
                                                               and varied membership. This presents      panels under statute. One consistent
               7                                               panels with both challenges and           difficulty that panels have faced is
                                              47               opportunities. They must include          identifying exactly what their remit
                                                               co-opted members representing each        and role is and how to exercise this
                                                               local authority in the police area,       effectively. There have been suggestions
                                                               none of whom are necessarily used         from some quarters6 that panel
    STRONGLY AGREE                 TEND TO AGREE
                                                               to working together. This potential       powers could be increased to deal
                                                               unfamiliarity is not helped by the        with this uncertainty.
                                              14               possibility for ‘churn’ in membership         Much of the rhetoric surrounding
                                                               during a PCC term, particularly where     panels has been adversarial and focused
              32
                                                               the members’ authorities operate to       on the scrutiny element of their role
                                                               different electoral timetables.           in holding PCCs to account. This
                                                                   Panels must contain at least two      adversarial approach risks limiting
TEND TO DISAGREE                STRONGLY DISAGREE              independent members. Some panels          the impact that they might have on
                                                               have had difficulty finding members       policing and crime.
                                                               with the right set of skills and              The PRSRA makes it clear that
                                                               experience to fill these independent      panels should support the PCC in the
                                                               posts. Furthermore, it is not always      effective exercise of their functions.
                                                               clear which body is responsible for       As a group of well-connected local
                                                               providing training, support and           politicians, police and crime panels
                                                               guidance to panel members. These          can help PCCs to develop links and
                                                               structural problems make it difficult     where necessary apply leverage in their
                                                               for the panel to scrutinise the work of   local authorities. This potentially gives
                                                               the PCC effectively.                      them a key role in the local police area,
                                                                                                         particularly in relation to partnership
                                                                                                         working on crime reduction and
                                                                                                         prevention.
6
    Home Affairs Select Committee – Police and crime commissioners: register of interests, May 2013

12      Police reform: a developing picture
A major barrier to panels having a more rounded role
is the limited resources available for them. While PCCs
and partners may be understandably reluctant to devote           IMPROVING YOUR GOVERNANCE CULTURE
funds from their limited budgets to support panels, there
needs to be a frank discussion about how to maximise the            Invest time in understanding your governance culture.
value of their role – even if that does require committing          Do not assume current arrangements are working well.
more resources to training, development and administrative
                                                                    Involve all those responsible for effective governance:
support.                                                            PCC, police staff, senior officers, police and crime
    An effective scrutiny function will become increasingly         panel members, and audit committees. Ensure they
important given the difficult decisions PCCs face. While            are all aligned to achieve strategic goals effectively
there are pockets of good practice around the country, we           and ethically.
suggest that the following features could improve panels’
                                                                    Reinforce the principle that good governance equals
work where they are not already in place:
                                                                    good decision-making, equals good performance.
• A forward plan setting out the policy areas in which the
  panel can most effectively support and challenge the PCC          Spend time with stakeholders on demystifying
  to improve overall outcomes                                       governance and spreading understanding that everyone
• Ensuring the focus is on strategic issues that really matter      should work this way. It is not just a task for audit
                                                                    and finance.
  to stakeholders by engaging with the public and other
  partner organisations                                             Focus on real behaviour change, not box ticking.
• Reviewing the training needs of panel members and
  identifying resources to fund them                                Identify and support those who are not showing the
• Developing stronger means of communicating with the               desired behaviours.
  public to demonstrate the impact of the panel’s work –            Share stories and reward those who exemplify the
  for example, using social media or webcasting meetings            desired cultural change.
  over the internet

The election of PCCs was a wholesale change in the way
policing in England and Wales is governed. It is therefore
understandable that governance structures continue to
develop. The PRSRA requires each area to have an
audit committee and a police and crime panel, but offers
little direct guidance about what their role should be.
We encourage all those involved in police governance to
ensure that they are maximising the benefit they get from
these two statutory requirements.
     Embedding good governance is never quick or easy,
but a sustained focus on a good governance culture can
lead to genuine improvement in the way the PCC and
chief constable work together for the benefit of the public
they serve.

                                                                                               Police reform: a developing picture   13
Partnerships: collaboration
and commissioning

PCCs will need to take brave decisions about the future shape of their service
delivery models. Different approaches could be appropriate for different aspects of
their role with police services being commissioned via the collaborative working
already well underway in the sector. This can provide economies of scale and
efficiencies to demand-led areas of policing; and the capacity to fight and solve crime
once it is committed. To meet their crime reduction and prevention responsibilities,
a cross sector approach is key.

In recent years, much has been made              More can be done to develop              Police areas should seek to be assessed
of the police’s ability to maintain          effective cross-sector approaches to         not on the inputs provided – for
officer numbers and the capacity to          preventing and reducing crime through        example, the number of officers – but
fight and solve crimes. While the            effective partnership working and            on the outcomes they achieve. A mature
image of the bobby on the beat is            may require the sector to commission         evaluation of performance would judge
compelling, we question whether this         services differently. This may mean          them on the absence of crime, rather
model is sustainable in the economic         diverting money away from the                than their response to it. Moving to this
environment.                                 traditional front line of policing and       position requires a shift in attitudes in
    There remains a tendency to believe      into other crime reduction strategies        the sector and more importantly in the
that an area with significantly higher       and working with other agencies and          minds of those assessing performance
police officer numbers and a higher          organisations to prevent crime,              and holding the sector to account.
number of solved crimes is performing        rather than respond to it later.
more effectively than an area with fewer         Much good work has been
officers and fewer solved crimes. A          done in this arena by community
more mature assessment may reveal that       safety partnerships. However, the
the reason there are fewer solved crimes     introduction of PCCs and changes
is not because the police in that area are   in funding arrangements provide an
less effective, but because fewer crimes     opportunity to co-ordinate partnership
have been committed in the first place       working better and focus on outcome-
due to effective prevention strategies.      based accountability mechanisms.

                                                                                      0
                                                                                                 1
                                                                                                            2
                                                                                                                       3
14   Police reform: a developing picture
Collaboration                                     A key feature of delivering these        The creation of the office of the PCC
Prior to the election of PCCs, the            positive examples is a strong political      has had a positive impact on the local
primary response to austerity was             and operational enthusiasm for closer        police force’s pre-existing collaborative/
                                                                                           partnership working arrangements (%)
collaboration within the sector. Many         working and a relentless focus on
forces either have well established           achieving the desired outcomes.
collaboration agreements or are putting           Much pre-existing public                          17
these in place. As explored in our recent     sector collaboration has focused on
                                                                                                                                  53
‘Fire and rescue collaboration’ report,       sharing back office functions such
these arrangements have been expanded         as human resources (HR), finance
in some cases to include local fire           and information communications
services. The many benefits in this type      technology (ICT). In addition, police         STRONGLY AGREE               TEND TO AGREE
of arrangement can include:                   forces have also looked at the greater
• sharing central overheads across a          benefits that can be achieved through
                                              collaboration in front line services,                 19                             11
  wider operational base
• economies of scale in combining             including specialist service areas such as
  similar operations, such as vehicle         firearms, serious criminal investigation
  fleet maintenance                           and forensic services.
• better use of assets, for example by            It is difficult to assess accurately
                                              what impact the introduction of PCCs         TEND TO DISAGREE           STRONGLY DISAGREE
  co-locating emergency staff and
  vehicles in the same building               has had on collaboration arrangements.
• improved response times through             Responses to our survey would suggest
  increased co-responding                     a mixed experience: 30% of respondents
• more co-ordinated responses to              disagreed that the creation of the office
  major incidents, as the police and fire     of the PCC has had a positive impact
  staff are used to working together.         on the local police force’s pre-existing
                                              collaborative/partnership working
There are a number of positive                arrangements. In a number of instances,
                                              PCCs have decided to take a different                    Several chief
examples of joint working. These
                                              approach to collaboration from the                      constables have
include: front line service delivery,
                                              direction set by the outgoing police                identified collaborative
such as combined safety visits to
                                              authority.                                             arrangements as
vulnerable older people; co-locating
                                                                                                 significant issues in their
police and fire staff in existing property;
                                                                                                    annual governance
and procurement and build of joint
headquarters and command and
                                                                                                        statements.
control centres.

                                                                                                     Police reform: a developing picture   15
While collaboration has many benefits,
it also poses risks, which the sector will
need to manage to ensure the benefits          BS 11000: STRUCTURED COLLABORATION
are realised. The need to establish
effective governance arrangements will         In 2010, the first national standard on collaboration, BS 11000, was released.
be central to this.                            It represents an evolution in how partnering can be managed. Structured
     Our survey identified some                collaboration is relatively new to the UK and early adopters include the defence,
                                               aerospace and rail industries. There could be considerable benefits for the police
concerns around the governance of
                                               sector in learning how to apply the concepts and tools set out in the standard.
collaborations. Although almost
                                               These include:
90% of respondents agreed that
                                               • changing behaviours and improving trust, to make collaboration more efficient
appropriate governance arrangements
                                                 within and between organisations
are in place for overseeing collaborative
                                               • introducing a common language to improve communication between parties
arrangements, narrative comments
suggested that those arrangements are          • aligning aspirations and capabilities between partners and playing to
not yet fully developed. Furthermore,            organisations’ strengths to improve productivity
several chief constables have                  • providing greater continuity and flexibility of resources
identified collaborative arrangements          • enhancing governance, for example by adopting shared approaches to risk
as significant issues in their annual            management
governance statements.                         • promoting innovation and continuous improvement.
     Whatever approach PCCs and chief
constables decide to take, the impact of
                                             I believe there are appropriate governance
funding reductions means that doing                                                           “Police authorities gave a
                                             arrangements in place for overseeing
nothing is not an option. Collaboration      collaboration by the force (%)                   strong governance model
will continue to be a central plank in                                                        [for collaboration]. Now this
the sector’s development, particularly                                                        has been abandoned and
as it relates to making best use of                                                           nothing tangible [has been]
police officers and an area’s capacity                28                      61              put in place.”
to respond to crime.
                                                                                              SURVEY RESPONSE

                                             STRONGLY AGREE           TEND TO AGREE

                                                      11
                                                                               0

                                             TEND TO DISAGREE       STRONGLY DISAGREE

16   Police reform: a developing picture
Commissioning                               will result in different types of service   I believe that commissioning of crime
The PRSRA places responsibilities on        being commissioned in local areas. It       prevention and crime reduction services
PCCs for commissioning activities           will be useful for PCCs to consider         will be improved as a result of the new PCC
                                                                                        arrangements (%)
which lead to the prevention and            some of the messages in our recent
reduction of crime. From October            report ‘Responding to the challenge:
2014, this will be extended to include      alternative delivery models in local                 24
victim services. Prior to the creation      government’.
of PCCs, the responsibility for                                                                                                 46
commissioning these services rested         Partnership perceptions
mainly with central government.             Seventy per cent of respondents to our
Localising decisions about allocation of    survey felt positive about the potential
                                                                                        STRONGLY AGREE                TEND TO AGREE
these funds is one of the fundamental       impact of PCCs on the commissioning
changes brought about by the                of crime reduction and prevention
introduction of PCCs.                       services, while 30% had reservations                 19                             11
    Community safety funding is             about this.
now included as part of the overall             In our ‘2014 local government
police grant from the Home Office.          governance survey’, we asked 80 local
Funding policing and key elements of        authority leaders whether the transition
crime reduction and crime prevention        from police authorities to PCCs             TEND TO DISAGREE           STRONGLY DISAGREE
from the same fund presents PCCs            has had a positive impact on local
with a unique opportunity to manage         partnership working arrangements.
                                            Fifty-nine per cent of respondents          The transition from police authorities to
resources strategically across a number
                                                                                        police and crime commissioners has had
of themes. It gives them a chance to        disagreed with this statement.              a positive impact on local partnership
manage demand for those aspects of              This discrepancy between                working arrangements (%)
services which arise as a result of a       surveys in the effectiveness of
crime being committed.                      partnership arrangements suggests a
    It will be for each PCC to determine    lack of understanding of the other’s                  2
the balance between allocating              concerns and suggests that some of                                                  39
resources to reduce and prevent crime       the relationships between PCCs and
and maintaining the capacity to respond     key local partners are not as strong as
to crime effectively. In delivering crime   they need to be. It will be important
reduction and prevention objectives, all    for PCCs to track and alter these           STRONGLY AGREE                TEND TO AGREE

PCCs will need to make brave decisions      perceptions if they are to demonstrate
and explore different approaches to         a beneficial impact on partnership
                                                                                                                               12
policing. Their ability to engage with      working and deliver their crime
partners and agencies throughout their      prevention and reduction objectives.
                                                                                                 47
areas will be key. In some cases, this

                                                                                        TEND TO DISAGREE           STRONGLY DISAGREE

                                                                                                  Police reform: a developing picture   17
The difference in perceptions might        The office of the PCC has a commissioning   The office of the PCC has sufficient
be explained by a lack of clarity over     strategy showing how it intends to          expertise to commission crime prevention
commissioning intentions. Although         commission crime prevention and crime       and crime reduction services for the local
                                           reduction services (%)                      area (%)
respondents to our police survey were
generally positive about the PCC’s
intentions in commissioning crime and               22                                          16
prevention services, 30% disagreed with
                                                                          48                                            49
it altogether.
     This uncertainty within the
sector was mirrored when we asked
respondents about their views on           STRONGLY AGREE          TEND TO AGREE       STRONGLY AGREE           TEND TO AGREE
the office of the PCC’s expertise
in commissioning crime reduction
services, and the arrangements put                  22                     8                                            8
in place to determine how to award                                                              27
grants and monitor the value for money
achieved from grants awarded.

                                           TEND TO DISAGREE      STRONGLY DISAGREE     TEND TO DISAGREE      STRONGLY DISAGREE

                                           The office of the PCC has adequate          The office of the PCC has adequate
                                           arrangements for determining how crime      arrangements for monitoring the value for
                                           prevention grants should be awarded to      money achieved from crime prevention
                                           third parties for the provision of crime    grants awarded to third parties for the
                                           prevention and crime reduction services     provision of crime prevention and reduction
                                           (%)                                         services (%)

                                                                                                21
                                                    27                    46                                            49

                                            STRONGLY AGREE         TEND TO AGREE       STRONGLY AGREE           TEND TO AGREE

                                                    22                     5                                             3
                                                                                                27

                                           TEND TO DISAGREE      STRONGLY DISAGREE     TEND TO DISAGREE      STRONGLY DISAGREE

18   Police reform: a developing picture
Approaches to commissioning
Many PCCs are clear about what they
want to achieve. But commissioning,          SETTING UP AND MANAGING EFFECTIVE PARTNERSHIPS
like much of PCC arrangements, is still
in its infancy.                                 Leadership and vision
    A number of different approaches            Senior officers need to be clear about what the partnership aims
                                                to achieve, and to communicate this vision effectively to staff,
to allocating community safety funds
                                                partners and other stakeholders.
have emerged since November 2012.
Each PCC has adopted a slightly                 Test the business case
different point on the spectrum                 Any partnership should be supported by a business case that sets
between ‘status quo’ – maintaining              out the expected costs, benefits and risks. Where arrangements
pre-PCC funding arrangements –                  are already in place, consider revisiting the business case to ensure
and a ‘blank sheet of paper’ approach,          benefits are being delivered as envisaged.
with no funding guaranteed to existing
                                                Set clear objectives and report on performance
providers. One difficulty for PCCs
                                                There should be a succinct list of clear, outcome-focused objectives
has been that, on election, many
                                                for all partnership arrangements. Performance against these should
inherited funding commitments from              be measured and reported regularly, with clear responsibility for
the outgoing police authorities. Some           actions to address any underperformance.
have decided to honour all existing
commitments while others sought to              Get governance right
reshape commissioning earlier in their          There needs to be clear accountability for the performance of
terms. Whatever their impact on the             partnerships. Decision-making processes should be streamlined
commissioning of local services to              enough to allow speedy resolution of operational issues, while
                                                giving time for adequate debate between the views of all partners.
date, a challenge that persists is linking
                                                Shared mechanisms such as joint assurance frameworks and
funding and inputs to outcomes which
                                                risk registers can help partners to develop effective governance
are the key measure of a PCC’s success.
                                                arrangements.

                                                Build flexibility into the model
                                                The demands placed on public services are changing all the time,
                                                so partnership arrangements need to adapt in the same way.
                                                Depending on the type of arrangement, partners may wish to:
                                                agree periodic break points and build these into agreements; set
                                                milestones at which they will refresh the business case; and revisit
                                                objectives and performance measures as part of the annual budget-
                                                setting cycle.

                                                                                                  Police reform: a developing picture   19
Public communication and transparency

As public sector organisations, police bodies exist to serve society. They have a
statutory duty to communicate with the general public and other stakeholders
about their plans, performance and governance arrangements.

Transparency is an essential part of         While respondents to our police survey     given the creation of the PCC and the
public life and as such forms a key         agreed that these formal requirements       chief constable as separate corporations
part of what is expected of PCCs.           can add value, in practice this             sole, coupled with the unique
Police bodies need the co-operation         potential is not realised; the majority     accountability relationship between the
of the communities they serve to be         only meet minimum standards,                two, creates a challenge for accounting
effective in their role and this can only   rather than maximise opportunities          professionals.
be achieved if those communities trust      to communicate effectively and                  As well as these formal outputs,
the information they are given. Where       transparently to the wider public. This     PCCs have established other, more
this trust breaks down, the impact          is similar to our findings from our local   immediate mechanisms for engaging
on relationships can be irreversibly        government governance reviews which         with the public, particularly via
detrimental.                                highlight a continued tendency for          social media. This development
    The Government has placed               some organisations to treat statutory       is encouraging and, along with
local public accountability at the          requirements as ‘tick-box’ exercises,       enhancements to the formal statutory
centre of its police reform. Although       rather than opportunities to engage         reporting requirements, could provide
police and crime panels have a role         with the public on how they are             a well-balanced and effective means of
in scrutinising PCC performance, it         delivering their responsibilities.          communicating with their electorates.
is ultimately for the local electorate           In recent years, there has been a
to provide PCCs with a mandate and          growing debate over the length and
assess their performance in delivering      clarity of public sector accounts. Police
against local priorities. To do this, the   bodies have done little to address
public need to have access to a range of    this concern. The financial reporting
information which is easily accessible      elements of annual reports could be
and trustworthy. Police bodies formally     enhanced to meet the needs of lay
do this via:                                readers and the wider public to address
• the PCC’s police and crime plan           this issue. Thinking innovatively
• the PCC’s annual report                   about how to meet statutory reporting
• the annual accounts, including            requirements is key to enhancing
  the explanatory foreword                  transparency and engagement with
• the annual governance statement.          the public. This is particularly the case

20   Police reform: a developing picture
Transparency and engagement                                          However, simply ensuring                   PCCs are making good use of
One measure of transparency is the                               compliance by publishing the               online communications and social
public availability of key information                           information required by statute is         media. Research for this report
about the PCC, its office and how it                             not enough to secure the levels of         indicated that most websites are easy
is carrying out its role. This aspect has                        transparency to which PCCs aspire.         to locate and navigate but, in some
been the subject of a number of reviews                          Consideration also needs to be given       cases, the information sought was
since PCCs were elected.                                         to how best to make information            not immediately apparent. In some
     In November 2013, Grant Thornton                            accessible to the public.                  instances documents were so deeply
sponsored the CoPaCC thematic,                                        The transition from police            buried they would not be sufficiently
‘PCC Statutory Transparency’7. This                              authorities and subsequent change of       accessible to an interested member of
focused on PCC compliance with                                   governance structures means that less      the public.
publishing the information listed by                             information is automatically available
the Elected Local Policing Bodies                                via the records of public meetings.
(Specified Information) Order 2011 and                           Therefore, to achieve high levels
its subsequent amendments to facilitate                          of transparency, PCCs have to be
their accountability to the public. The                          proactive and innovative in publishing
findings suggest that PCCs were not                              data and engaging with the public.
yet meeting all statutory requirements.                              While performance against the order
These findings were supported                                    may be mixed, PCCs are using a variety
by a similar, independent exercise                               of channels to communicate with their
undertaken by the National Audit                                 electorate. This includes face-to-face
Office (NAO)8.                                                   meetings with the public – for example
     While this quantitative assessment                          surgeries, public appearances and
of PCC transparency is useful, it does                           regular public meetings. Ninety-eight
not take into account the qualitative                            per cent of PCCs also make a record of
aspects of published information and                             meetings available via their website and
the apparent desire by PCCs to achieve                           nine PCCs have introduced webcasting
high levels of transparency.                                     of meetings.

7
    CoPaCC – PCC statutory transparency, November 2013
8
    National Audit Office (NAO) – Police accountability: landscape review, January 2014

                                                                                                                     Police reform: a developing picture   21
Use of digital and social media by PCCs (%)

YouTube channel                                                 16   EXAMPLES OF GOOD WEB COMMUNICATIONS
Facebook                                                        30

                                                                41
                                                                        Humberside PCC’s website was particularly easy to
Minutes/papers on website
                                                                        navigate, with good content
Twitter                                                         41

Webcast meetings                                                9       Northamptonshire Police and PCC have a shared
                                                                        website, which is well configured to be viewed on a
                              0             10   20   30   40   50      tablet. Each organisation has its own tab on the website
                                                                        making it easy for the user to move quickly between
                                                                        the two
All PCCs have some presence on Twitter, either their own
account or a corporate account set up in the name of their              West Midlands PCC was the only PCC where all 25
office. Most PCCs are also active tweeters, with 33 accounts            disclosures required by the Specified Information Order
showing tweets less than a day old, seven posting tweets                could be found. This was achieved by dedicating a page
                                                                        of the PCC’s website to the information required under
within the last week, only one with tweets over a month old
                                                                        the order and providing links to where the information
and one with no activity at all. Facebook (71%) and YouTube
                                                                        was available
(38%) were particularly popular with PCCs, while other
social media used include Flickr, LinkedIn, Google+                     Greater Manchester PCC has a function which allows
and Pinterest.                                                          the user to search for decisions by date range, decision
    There are real benefits in this approach to social media.           maker, decision status and keywords. There is also
It provides a platform for PCCs to distil their messages and            a filter, so a user can select only key decisions.
present them in an accessible format which can often be                 This function will be increasingly useful
more engaging than formal publications. It also provides                Staffordshire PCC’s YouTube channel is well organised
a means for local people to access those who provide their              instead of being just a list of videos
services and share their thoughts and concerns. This increases
accountability by providing a mechanism for instant dialogue
and feedback. We encourage local police bodies and their
partners to continue to develop this aspect of their public
communications and the value it adds to their engagement
with the public.

22    Police reform: a developing picture
Police and crime plans                                                                      Quality was variable and the excessive lengths of
PCCs are required to produce and publish a police and crime                             some plans impaired their effectiveness as a means of
plan. To comply with the PRSRA, these plans should include                              communicating with the public. However, very few plans
information about areas such as crime objectives, financial                             were of poor quality throughout. The most robust section
and other resources, how performance will be measured,                                  tended to be that dealing with the thematic strategies,
and crime and disorder reduction grants.                                                priorities and direction that the individual PCC wanted to
    Of the first police and crime plans published by the 42                             take with policing.
PCCs in England and Wales, only 18 plans comply with                                        The several reports that were very good throughout,
every requirement in the PRSRA. The most common missing                                 in general, included:
element – in 20 plans – was the disclosure of the crime and   • the required elements in a format that was easy to
disorder grants.                                                understand
                                                              • well-defined targets, so that the public would be able to
Compliance with the police and crime plan elements required     judge how well the PCC had performed
by statute (%)                                                • enough detail to give the reader an understanding of
   Complies		                                                   the challenges faced by the local area and how the PCC
The elected local policing body’s police and crime objectives   intended to meet those challenges.
                                         42
The means by which the chief officer of police will report to the elected local
policing body on the provision of policing
                                      40
                                                                                          EXAMPLES OF GOOD POLICE AND CRIME PLANS
The financial and other resources which the elected local policing body is to
provide to the chief officer of police to exercise his/her functions                          Hampshire – targets pulled out of the text via bull’s-
                                    38                                                        eye graphics were very attention grabbing and clear.
                                                                                              The report was well-structured and well signposted
The policing of the police area which the chief officer of police is to provide
                                    37                                                        Leicestershire – numeric points and trends were
The means by which the chief officer of police’s performance in providing                     illustrated with graphs, making it simpler to see the
policing will be measured                                                                     points being made. The structure was easy to navigate.
                                 35                                                           The appendix was good for quick reference as these
The crime and disorder reduction grants which the elected local policing body                 documents are very long. The targets and how they
is to make and the conditions (if any) to which grants are to be made                         are to be measured were fully defined
                    22
                                                                                              Nottinghamshire – this gave an informative breakdown
0              20              40               60               80               100
                                                                                              of the PCC’s vision and a breakdown of actions to
                                                                                              support this and who would carry them out. It gave a
There is a marked difference in the way PCCs approached                                       rationale for each target
this opportunity to communicate their ambitions to the
public. Every plan had its own format. Length differed from
four to 92 pages, although the most common was between 28
and 32 pages and the shortest statute-compliant plan was 18
pages long. Tone was similarly diverse, with some reading as
a high level policy document and others as a personal message
to the electorate.

                                                                                                                        Police reform: a developing picture   23
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