West Yorkshire Police and Crime Panel An Introduction Clare Elliott, Association of West Yorkshire Authorities.

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<ul><li><p>An IntroductionClare Elliott, Association of West Yorkshire Authorities </p></li><li><p>Panel MembershipRole and ResponsibilitiesRealities of the New LandscapeMoving Forwards Defining SuccessQuestions, Suggestions and Observations</p></li><li><p>Police Reform and Social Responsibility Act</p><p>Replacing Police Authorities with directly elected Police and Crime Commissioners (PCCs) Introducing Police and Crime Panels (PCPs) to scrutinise/ support work of PCCsRe-allocating funding from Community Safety Partnerships (CSPs) to PCCs</p></li><li><p>Scrutinise the Commissioner</p><p>Influencing the Commissioners policing plan and precept</p><p>Clear focus on key issues such as performance and resources</p><p>All business done through main PCP meetings</p><p>Limited secretariat support/ resourcesPolice AuthorityScrutinise the Chief Constable</p><p>Issuing its own policing plan and precept</p><p>Detailed oversight of a wide range of police force activities</p><p>Several themed sub-committees and panels</p><p>Significant staffing resource/ support</p><p>R</p><p>Police and Crime Panel</p></li><li><p>ElectionsFinance and TreasuryEngagement and CommunicationsTransfer SchemeLearning and DevelopmentPCP and PartnershipsComplaintsInformation Sharing ProtocolAuditStrategic Policing RequirementPolicing Plan</p></li><li><p>Elections Process</p><p>Process overseen by Joanne Roney Police Area Returning Officer</p></li><li><p>Shadow Police and Crime Panel</p><p>Operate in shadow format until November 2012Focus will be on preparing for the new role:</p><p>Understanding the landscape Agreeing on priorities/ direction of travel Building relationships with key stakeholders</p><p>Key Dates: Briefings: July 20th (Confirmation Hearings) October 12th (Strategic Policing Req) Shadow Meetings: September 7th, October 19th</p></li><li><p>November 2012 and BeyondDevelop mutual understanding/ positive working arrangements and communicate key expectations to the PCCInfluence Police and Crime PlanAgree preceptMonitor the impact of the PCC and his/ her plan on communities across West YorkshireHarness strong links with Community Safety Partnerships and Local Crime and Disorder Reduction PartnershipsIdentify where PCC and local authorities can work together on MORE than policing and crime </p></li><li><p>Balancing scrutiny AND support for the PCCDefining relationship between the PCP and the publicPartnership agreement PCP and PCCRecognising local, force wide, regional and national policing prioritiesUnderstanding and shaping the commissioning cycleSupporting operational independence of WYP - partial public interest versus impartial policing service</p></li><li><p>Questions, Observations Comments</p></li><li><p>Clare ElliottAWYAclare.elliott@awya.gov.uk01924 305323</p><p>Samantha WilkinsonAWYAsamantha.wilkinson@awya.gov.uk 01924 305310Bernadette LiveseyWakefield Councilblivesey@wakefield.gov.uk01924 305177</p><p>www.westyorkshirepcp.gov.uk </p><p>The AWYA has been leading on the preparations for the Police and Crime Panel and will be acting as the supporting secretariat going forwards.</p><p>**The West Yorkshire Police and Crime Panel is made up of 10 elected members (who will be appointed by the local authorities), an additional two elected members (subject to Home Office approval, which will be classified as co-opted members and appointed by the Panel) and two independent co-opted members (which again, will be appointed by the Panel.) </p><p>The two independent members are currently being recruited.</p><p>Essentially, the differentiation between the classification of the 14 PCP members is meaningless. All 14 members will have equal voting rights. The only distinction being that the independent members are appointed for a two year term whereas elected members can only be appointed on an annual basis because of the need to reflect political proportionality.*The legislation surrounding Police and Crime Panels stipulates that panel membership must reflect the entire geography of the police force area as well as the political make up of the member authorities when considered in their entirety.</p><p>Following the results of Mays local elections the political proportionality of the panel, based on the number of seats held by each party across the whole of West Yorkshire, was calculated as 8 Labour, 3 Conservatives and 1 Liberal Democrat.</p><p>This slide highlights the way in which this translates into seat allocations for each individual district.</p><p>The legislation also states that the panel must have the right mix of skills, knowledge and expertise to allow it to carry out its functions effectively. The recruitment process for the two independent members has been designed to support this requirement.*The elected members appointed to the panel for 2012/13 are shown here.</p><p>*The Police Reform and Social Responsibility Act received Royal Assent in September 2012</p><p>Its central theme is strengthening police governance and accountability by.</p><p>Replacing police authorities with directly elected Police and Crime CommissionersIntroducing Police and Crime Panels, one for each force area, to scrutinise and support the CommissionerRe-allocating funding from Community Safety Partnerships to PCCs.</p><p>The exact details of the funding which will be pooled within the budget of the PCC is yet to be released by the Home Office. However, the Home Office has confirmed that the PCC will be given responsibility for the Community Safety Fund, a proportion of the funding currently given to the Youth Offending Service and the funding for the Drugs Intervention Programme which is currently channelled through CSPs. </p><p>The PCC will be entitled to offer grants to any organisation it deems appropriate and in whichever geographical location he or she sees fit.*Above all, once elected, the Police and Crime Commissioner is responsible for securing an efficient and effective police force for West Yorkshire </p><p>Importantly, the Commissioner is not responsible for the operational running of the police force but the Commissioner will hold the Chief Constable to account for this.</p><p>The Home Office has attempted to set out where the PCCs strategic responsibilities end and the Chief Constables operational mandate begins, in a dedicated protocol, but there are uncertainties about how this relationship will work in practise.</p><p>The Commissioner must produce a five year Police and Crime Plan which will detail his/ her policing and crime priorities and funding will then be allocated on this basis. The Commissioner will have to produce a report annually to detail the progress that has been made against that five year plan.</p><p>The Commissioner will set the annual force budget and precept and must notify the PCP of the proposed precept by December 21st. As previously referred they will also be responsible for allocating all crime and disorder reduction grants as they see fit.</p><p>The PCC is also obliged to work in partnership with the criminal justice bodies (YOT, probation, prisons, CPS, courts, police) to provide an efficient and effective CJS although the PCC does not have any direct responsibility for the CJS at this time.*Essentially, PCPs have been established to oversee all of that work. Initially, the emphasis was very much on PCPs as a vehicle to scrutinise and challenge the Commissioner but the final version of the legislation very much positioned the PCP as the Commissioners critical friend who should offer as much support as challenge.</p><p>In terms of specific powers and responsibilities, the PCP must review the Commissioners proposed precept and the Commissioners proposed Chief Constable, the details of which I will cover in a future slide.</p><p>The PCP must hold confirmation hearings for senior appointments to the Commissioners Office which includes the Head of Paid Staff, a Chief Finance Officer and the Deputy Police and Crime Commissioner. If the PCC decides that he or she does want to appoint a Deputy Police and Crime Commissioner, it is likely that the PCP will need to hold their first confirmation hearing at their first formal meeting in December.</p><p>The panel will be ultimately responsible for dealing with non-criminal complaints against the Commissioner, although the Home Office is currently consulting on the proposal that the office of the PCC carries out the initial sifting process. At this stage, it is impossible to predict how many complaints will be received and thus how resource intensive this responsibility will be but in the procedures and protocols it is recommended that several PCP members are appointed to a complaints sub-panel to lead on this. </p><p>The PCP must review the Police and Crime Plan and submit recommendations to the PCC which he or she must have regard to and then publish their response. Although nothing in the act stipulates that the Panel should have any involvement in the drafting of the plan, the WYPA will discuss later on today how the PCP might want to influence its formation and how the reviewing process will work. The PCP must also review the Commissioners annual report.</p><p>*As a panel of elected members looking at policing and crime it is inevitable that parallels will be drawn between the West Yorkshire Police and Crime Panel and the West Yorkshire Police Authority.</p><p>However, as a completely new body working under a completely new set of arrangements, the distinctions between the two are extremely important to recognise.</p><p>The PCP will not be responsible for scrutinising the Chief Constable as is currently the case with the WYPA. It is the Commissioner that will be taking on this role. For this reason, the panel can require the Commissioner to attend their meetings but can only invite the Chief Constable to attend, alongside the Commissioner.</p><p>The WYPA currently issues its own policing plan and precept but again this role will be taken on by the Commissioner NOT by the PCP. The PCP can influence both along the way but it will not have any direct responsibility for either.</p><p>The WYPA oversees a vast amount of police force activities, from specialist policing to stop and search statistics and the detail of the Police Forces own HR processes, and there are a number of themed sub-committees responsible for considering this level of detail. The Commissioner will continue to look at all of this information but the PCP will need to prioritise and wherever possible everything will be picked up through the main PCP meetings. According to the Home Office the Panel should only be concerned with performance and resource issues. The Panel will want to look at more, and an options paper on what it does look at will be considered at a future meeting, but the Panel is not performing the same role as the WYPA, will not have the resources that the WYPA has and will need to be more focused when offering support and challenge to the PCC.*Although there are clear distinctions between the role of the WYPA and the PCP, this is not to say that there arent still considerable opportunities for the PCP to influence the work of the Commissioner, and thus the approach taken to policing and crime in West Yorkshire.</p><p>Clearly there are the powers and responsibilities already outlined, as laid out in the legislation, but the panel has the ability to do a lot more by forming strategic relationships with key partners and by exercising the correct balance of effective scrutiny and support. </p><p>The PCC must have regard to the plans of Community Safety Partnerships, the PCC must work in partnership with the Criminal Justice Service, the PCC must engage with witnesses and the public, the PCC must secure the public vote to get re-elected. For these reasons, the Panels relationships with all these partners are critical, it does not have to influence the PCC alone, it will co-ordinate its efforts and work towards a shared vision and approach.</p><p>The Panels ability to influence will also be maximised by ensuring it has a robust evidence base to be able to both scrutinise and support the Commissioner. The five local authorities are already working closely with the AWYA to build a rich picture of the policing and community safety issues affecting individual communities and West Yorkshire as a whole. It will continue to gather and publicise this intelligence and data so it can influence candidates manifestoes now and shape the PCC approach throughout their time in office.</p><p>*Despite the opportunities, it is important to also recognise the limitations, particularly the limitations within the legislation itself.</p><p>In terms of the power of veto, the PCP is only empowered to veto the precept once and to veto the appointment of the Chief Constable once. The PCC will notify the PCP of his or her proposed precept by December 21st, the PCP will then review the proposed precept at their meeting on January 11th. If the PCP vetoes the initial precept, the PCC must respond to the PCPs recommendation by January 31st and come back with either a higher or a lower proposal depending on the PCPs response. The PCP does not get an opportunity to veto the revised precept although the PCC must publish its response to the PCPs recommendation on the revised precept. Similarly with Chief Constable appointments, the PCP can veto the first candidate put forward by the PCC but they can only review and make recommendations on any candidates put forward thereafter.</p><p>With regards to accountability, the Home Office has been consistent in its message that above all the PCC is accountable to the public and thus it is their democratic mandate that above all should be directing their behaviour, not the PCP. It is for this reason that the panels relationship with the public is key especially if the PCP does not feel it is exercising the influence it needs and wants to.</p><p>The budgets afforded to PCPs by the Home Office is also an obvious limitation and symptomatic of the restricted role that the Home Office expects the PCP to play. There is 66,000 of Home Office funding per year to support the PCP and members expenses are included within this. To ensure the PCP has the resources it needs to work effectively, West Yorkshire Leaders have agreed to make additional funding available.</p><p>A detailed PCP budget will be brought to the next Panel meeting consideration.</p><p>*In addition to the work the AWYA has been doing to prepare the local authorities for the new arrangements, the WYPA has also been managing a large transition programme to ensure the Office of the PCC is fit for purpose.</p><p>This slide highlights all the partnership groups currently in operation to oversee the transition. The AWYA is closely involved with this programme to guarantee that the needs of the PCP are met as well as the needs of the Commissioner.</p><p>Importantly, a number of legacy documents are being produced by the WYPA which will include suggestions about what areas of work the Commissioner focusses on during their time in office. These will also be important documents for the PCP to understand where the Commissioners interests will lie and therefore what information/ intelligence will be produced as a result which the Panel is also legally obliged to access (unless operationally sensitive). *The election itself will take place on November 15th after candidates having to...</p></li></ul>

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