***************************************** OPCC VOLUNTEER APPROPRIATE ADULT SCHEME PROTOCOL

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1 Protocols of Practice Provision of an Appropriate Adult Service for Young People and/or Vulnerable Adults under the Police and Criminal Evidence Act 1984 for Greater Manchester This agreement is between: The Office of the Police and Crime Commissioner, Greater Manchester Police, Border Agency and Adult Services and Youth Offending Services of the following Local Authorities: Tameside, Manchester, Bury, Oldham, Rochdale, Salford, Stockport and Trafford ***************************************** OPCC VOLUNTEER APPROPRIATE ADULT SCHEME PROTOCOL Introductory Statements 1. This document sets out the protocols of practice, consultation and liaison for the multi-agency partnership; between the aforementioned agencies and the Office of the Police and Crime Commissioner (Commissioner s Office) in relation to the provision of the Appropriate Adult Service for young people and vulnerable adults who are detained at a police station within Greater Manchester. 2. For the purposes of this document the wording juveniles shall refer to vulnerable people between the ages of 10 and 17 as defined under the Police and Criminal Evidence Act 1984 and the Codes of Practice. 3. The definition of Vulnerable Adult within PACE is as follows - Paragraph 1.4 of PACE Code C states: If an officer has any suspicion, or is told in good faith, that a person of any age may be mentally disordered or otherwise mentally vulnerable, in the absence of clear evidence to dispel that suspicion, the person shall be treated as such for the purposes of this Code. Mentally vulnerable applies to any detainee who, because of their mental state or capacity, may not understand the significance of what is said, of questions or of their replies. Mental disorder is defined in the Mental Health Act 1983, section 1(2) as any other disorder or disability of mind. When the custody officer has any doubt about the mental state or capacity of a detainee, that detainee should be treated as mentally vulnerable and an appropriate adult called. E:\moderngov\data\published\Intranet\C \M \AI \$ybt3f0vs.docx

2 Blackstone s Custody Officers Manual (Fourth Edition) states: The term any suspicion does not leave much room for interpretation. If the custody officer or investigating officer has the slightest belief that a person is mentally disordered or otherwise mentally vulnerable, they should be treated as such. 1. AIMS 1.1 To provide a 7 day week Appropriate Adult service for young people and vulnerable adults, detained at police stations within Greater Manchester, as laid down in the Codes of Practice (S.60 (1) (a) and S.66 PACE Act) and the Police and Criminal Evidence Act 1984 and any present or future relevant legislation as required. 1.2 The protocol seeks to assist partner agencies in maintaining the most effective use of resources and to enhance the overall commitment between local statutory agencies in working together to deliver high quality services across Greater Manchester. 1.3 The Appropriate Adult Service is intended to be used only in cases where the Local Authority deem there to be no need for a social work or youth offending professional to attend. If the individual is known to the Local Authority, has committed a serious offence or has complex needs the Local Authority will attend The protocol seeks to assist partner agencies in ensuring compliance with specific statutory duties and in the pursuance of more general duties and responsibilities to the courts, to adults and children and to local communities. 1.5 The protocol seeks to improve communication between all agencies involved in the detention and welfare of young people and vulnerable adults in the criminal justice system. 1.6 The protocol seeks to ensure that there is a clear understanding of the safeguarding responsibilities of the appropriate adult, the social worker/yot worker and the custody officer, whilst a vulnerable adult or juvenile are in custody. 2

3 2. OBJECTIVES 2.1 To endeavour to provide trained adult volunteers in the absence of a parent, carer, guardian, social worker or Youth Offending Service worker, to act as the appropriate adult for young people and vulnerable adults in the police station when a local authority considers a detainee to be low risk and does not meet the criteria for a social worker or Youth Offending professional to attend. 2.2 To develop and manage an efficient and user friendly Appropriate Adult Service for Greater Manchester serving the local community, police, social services and Youth Offending Service, in fulfilling the statutory requirements of the Police and Criminal Evidence Act 1984 (PACE) and the Crime and Disorder Act To provide suitable training for volunteers to undertake the role of Appropriate Adult with regular support and supervision from the Commissioner s Office staff. 2.4 A mandatory training programme will be provided to volunteers including, safeguarding and mental health, which must be undertaken every 2 years. 2.5 To ensure quality assurance mechanisms are in place to monitor the quality and effectiveness of the volunteers. 2.6 To assist and support young people and vulnerable adults with communication whilst in police custody and ensure they are afforded their entitlements, provisions and representations as necessary, whilst remaining neutral to any investigation. 2.7 To ensure that the detainee understands their rights and entitlements as outlined in the PACE Act (1984) Codes of Practice, to facilitate communication and witness that the investigation processes are carried out fairly. 2.8 The Appropriate Adult Service will develop and maintain a documentation system suitable for recording accurate information and relevant statistical data of a nonpersonal and non-sensitive nature regarding young people and vulnerable adults requiring assistance under the Appropriate Adult scheme. This will be shared with relevant agencies in line with existing policies regarding access to records, as afforded within the Data Protection Act and The Human Rights Act. 2.9 The Appropriate Adult scheme provides a service to vulnerable people whilst they are in a custody environment and ensures that their rights are respected, the volunteers will pass relevant safeguarding information to the local authority but they will not have a role in determining or influencing longer term support given to individuals on release from custody. 3

4 3. CRITERIA FOR USING THE APPROPRIATE ADULT SERVICE 3.1 The Appropriate Adult Service is for young people and vulnerable adults who are in detention at Greater Manchester Police Stations, as defined under the Police and Criminal Evidence Act 1984 and the Codes of Practice. 3.2 It must be established that the detainees relative, carer, guardian is unable or unwilling to attend. In the event that a person is in the care of a Local Authority, the custody officer will inform Social Services and a social worker should attend. 3.3 If no relative, carer or guardian is available then the custody officer will contact the relevant agency and it is imperative that the agency attends if any of the following criteria are met: Criteria - Seriousness of the offence i.e. attempted murder, murder, rape, sexual offences, and terrorism - Complexities of the person i.e. mental health, learning difficulties, racist views - If known to the agency or in the care of the Local Authority These criteria are not exclusive and it is the responsibility of the agency to determine if there are any other factors or complexities that would require a professionally qualified person to attend rather than a volunteer. 4. AVAILABILITY OF SERVICE 4.1 The Commissioner s Office will endeavour to provide, within the resources available, a 24 hour 7-day week Appropriate Adult Service for young people and vulnerable adults in custody at a police station in Greater Manchester to Social Services, Youth Offending Services and GMP 4.2 The custody officer will contact the Local Authority directly. If the Local Authority is unable to contact an Appropriate Adult or seeks further support, the Commissioner s Office can be contacted between 8.30am and 4.30pm Monday to Friday. Should assistance be required outside of these hours, referred to as Out of Hours (OOH s) please contact Salford Council s Emergency Services Team on An Appropriate Adult volunteer will attend the police station as soon as possible after receiving a call out, usually within 1 hour and 30 minutes, or at a mutually agreed time with the Custody Officer, duty Solicitor or legal representative. 4

5 5. CONTACT ARRANGEMENTS AND REFERRALS 5.1 The rota with the volunteer contact list will be ed to each relevant agency by 16.30hrs on the Friday for the following week any changes to the rota i.e. due to illness of volunteers will be ed on receipt of notification. 5.2 GMP shall refer all young people and vulnerable adults in need of an appropriate Adult as described in the aforementioned criteria (section 3.3.), to the relevant agency within the Local Authority where the detainee resides. This is necessary to obtain historical information. (At no point should the appropriate adult be contacted directly). The relevant agency will then decide after applying the criteria in section 3.3, if a member of their staff should attend. The Local Authority must stipulate on the AA0 form why they are requesting an Appropriate Adult and confirm that the detainee does not fit the criteria specified in section 3.3. The appropriate adult service is intended to be used only in those cases where the responsible authority consider there to be no need for professional expertise. 5.3 On using the Appropriate Adult Service all agencies must complete an AA0 referral form and this should be ed through to the relevant custody suite for collection by the Appropriate Adult on arrival in custody. 5.4 Referring agencies will ensure that Section 1 of the AA0 form is completed in all instances and any pertinent and relevant information is provided to the volunteer. THE APPROPRIATE ADULT CAN NOT PROCEED WITHOUT A COMPLETED AND SIGNED AA0 REFERRAL FORM. 5.5 On completion of the Appropriate Adults involvement at custody, the custody sergeant must scan the AA0 form back to the Local Authority before signing the AA0 form. By signing the AA0 form the custody officer is confirming the time of completion and that they are in agreement with details included on the form. It is the responsibility of the custody officer to ensure the form is scanned to the Local Authority. The original AA0 form will be placed with the detainee s custody record by the custody sergeant. The referring agency will then be responsible for reviewing the form and responding to any concerns raised, in line with their statutory safeguarding responsibilities. 5.6 The relevant Local Authority Department must contact the AA by telephone within 24 hours to acknowledge receipt of the AA0 form and discuss any concerns raised. 5.7 The Appropriate Adult will also complete an AA information (AAI) form to be returned through the external post to the Commissioner s Office. This form is for the monitoring of the scheme only and cannot be relied upon to communicate information regarding safeguarding or other urgent issues. 5

6 6. SPECIFIC ISSUES re: Appropriate Adults 6.1 In appointing Appropriate Adults, care must be taken to avoid any potential conflict of interest. For example, serving Police Officers and other serving members of Police Staff or Commissioner s Office staff will be considered unsuitable for that reason. The same will also apply to Special Constables and Justices of the Peace. Other persons may also be excluded, after discussion with the individual applicant, if they have a direct involvement with the criminal justice system, such as Solicitors or Probation Officers. 6.2 All Appropriate Adults are subject to GMP vetting and therefore have been issued with official GMP/OPCC Volunteer ID badges. 6.3 The Commissioner s Office is committed to protecting appropriate adults. On commencement of their involvement each time at a custody suite, a discussion with the Custody Sergeant will be undertaken to ascertain if there is any potential risk to them. This risk could be due to the detainee or other detainees in the custody suite. Appropriate Adults will familiarise themselves with the fire evacuation policy for the custody area and the alarm buzzers. 6.4 It is necessary for the Appropriate Adult to be in attendance when a detainee is read their rights, this may be at the time of interview or if necessary as part of a separate call out for the Appropriate Adult. 6.5 The custody officer will allow the Appropriate Adult to have sight of the custody record for their administrative record and to meet with the detainee privately, on request, ensuring that all risks have been eliminated as much as practicable. 6.6 Appropriate Adult volunteers are advised that they should not attend the private consultation with the solicitor and detainee, unless specifically requested to do so by the detainee or solicitor, as they are not subject to the same legal privilege as solicitors. Whether or not to have an Appropriate Adult present during any such private consultation is ultimately a decision for the detained person. If an Appropriate Adult is present for private consultation then this volunteer should not be present at interview and another Appropriate Adult should be requested. 6.7 Should the Appropriate Adult ascertain that a detainee might be a danger to themselves or others whilst in custody, the appropriate adult should immediately inform the custody officer. Should the Appropriate Adult, during the course of a call out, suspect that the detainee might have significantly deteriorated in their mental or physical state, they should report this to the Custody Sergeant immediately and ensure this is recorded on the detainee s custody record and the AA0 form. 6.8 Should it be decided by the Appropriate Adult/Custody Sergeant that a social worker or Youth Offending Service Officer should take over as the Appropriate Adult, the custody sergeant will contact the referring agency. The Appropriate Adult will pass over any relevant information they have to the social worker via the custody sergeant. 6

7 6.9 In all cases where a Custody Sergeant makes a disposal decision, the information should be given to the Appropriate Adult present as well as the detainee. i Please note that the Appropriate Adult Service, its volunteers and staff are not the responsible adult and therefore are unable to transport young people home under any circumstances. ii iii. iv. The Appropriate Adult is there as a witness and not to make decisions the responsible adult could make. The Appropriate adult cannot provide advice relating to the welfare of the detainee following release. The Appropriate Adult role at the police station ends after the disposal decision, fingerprints, photographs and DNA are taken. The OPCC Appropriate Adult Scheme role does not extend to attending court or to provide a Victim and Witness Support Service 6.10 The custody officers will afford to volunteers a courteous service and ensure that they are not left waiting in the public enquiry counter area an unnecessary length of time. Where the Appropriate Adult cannot be granted immediate access to the detained person then the custody officer will keep the Appropriate Adult informed of developments and offer adequate comfort and refreshment if volunteers are kept waiting for extended periods of time, e.g. use of police facilities while waiting for officers or solicitors if possible. Car parking facilities, in particular, in the evenings will be made available where possible Requests for an Appropriate Adult to attend for further interviews or identity parades on a subsequent occasion for the same detained person, (in the absence of a carer or guardian) should be made via the OPCC and not via the volunteer direct. N.B. It is encouraged that the next of kin (or the Local Representative if the young person is in the care of the Local Authority) should be approached in the first instance in all cases and only if they are unable to attend should the appropriate adult be considered, but all contact should be made through the lead agency Requests for Appropriate Adults in: Voluntary interviews Following revisions to PACE Code C in July 2012 and revisions to PACE Code G which came into effect on 12 November 2012, there is a stronger emphasis on arrest as a last resort (i.e. only when it is believed to be necessary). Appropriate Adults (AA) may see both an increase in voluntary attendance (commonly known as voluntary interviews) in police custody suites and also potentially an increase in the number of voluntary interviews held in non-custodial settings such as the suspect s home. 7

8 A protocol has been devised whereby an Appropriate Adult can attend for a voluntary interview at a secure custodial setting, but not at the person s home address. Normal procedures will apply, in that; the partner agency will make the relevant referral based on the aforementioned criteria and ensure the safety of the appropriate adult. TIC prison visit protocols The Commissioner s Office has identified Appropriate Adults who are willing to assist police divisions with prison productions for juvenile offenders. They assist with initial prison visit interviews as well as full productions and drive rounds. Police Officers are required to contact the Local Authority as the need is identified. Should an AA be requested, they will be met at an agreed police station or collected from their home address. During a crime location drive round the volunteer will be seated in the front passenger seat with officers sat in the rear with the offender for health and safety reasons. The Police have responsibility for the welfare and safety of the appropriate adult. TACT detainees Specific Appropriate Adults have been identified by the Commissioner s Office to provide services to high profile detainees (e.g. individuals suspected of terrorism offences). This particular group, have undertaken the relevant bespoke training undertaken by the Commissioner s Office and the Counter Terrorism Unit and have higher vetting status. A protocol has been devised and all communication is managed through the Commissioner s Office. N.B a separate protocol has been devised for this arrangement between GMP and the Commissioner s Office. In all cases where a juvenile is expected to be overnight in custody, the Local Authority should provide accommodation under PACE. In some cases this may require the Local authority to provide a secure bed. The Appropriate Adult will be expected to challenge any instances where an overnight bed is not provided by the Local Authority. General Expectations The sharing of information to or consultation with the Appropriate Adult Service, it s staff or volunteers should not replace statutory contact arrangements. Crucially, notifying the Appropriate Adult of an intention to prosecute should not 8

9 be viewed as having notified the detainee, the Local Authority or the Youth Offending Service. Where there may also be a child protection or health issue, normal procedures would be adhered to and Forensic Medical Examiners or Social Services contacted by the police. If safeguarding needs become apparent during the course of interviews etc, the volunteer has a responsibility to pass on their concerns to the Custody Sergeant and ensure that the information is recorded on the AA0 forms. If the appropriate adult feels concerns have not been dealt with appropriately, they should make contact direct with YOS or Social Services. Officers and staff of all agencies are expected to make every effort to deal with all matters contained in the protocol as co-operatively and expeditiously as is reasonably possible. In particular, negotiated arrangements should be followed up in a timely manner, reducing time to a minimum. The Commissioner s Office will assist the Youth Offending Service in delivering a service to meet National Standards as laid down by the Youth Justice Board. 7. REQUIREMENT FOR SOLICITORS TO BE PRESENT 7.1 When a juvenile is arrested, the Custody Officer will often go through their rights and entitlement s prior to the attendance of an Appropriate Adult. In most cases the assumption is made that it will be the juvenile s parent(s) who will attend rather than a volunteer from the Scheme. As a result, a situation can frequently arise where the volunteers are called upon to act as an Appropriate Adult after the juvenile s parents have refused to attend. On arrival at the Police Station, the officer in the case is ready to interview but it is then discovered that the juvenile has declined legal representation. 7.2 Whilst the Scheme would subscribe to the view that it is best practice that a solicitor should be present during the interview, it should not be regarded as a mandatory practice. Although the Police and Criminal Evidence Act states that a juvenile does not have to have a solicitor present during interview, the Custody Officer will obviously respect any request of a volunteer who felt they would prefer a solicitor present even if the young person or vulnerable adult did not. As per PACE, Code C 6.5A, in the case of a young person, an Appropriate Adult should consider whether legal advice from a Solicitor is required. If the juvenile indicates that they do not want legal advice, the Appropriate Adult has the right to ask for a Solicitor to attend if this would be in the interests of the person. However, the detained person cannot be forced to see the Solicitor if they are adamant that they do not wish to do so. The AA can ask to speak to the DSCC (Duty Solicitor Call Centre) and ascertain if they will speak on the telephone with the detainee. They may be able to persuade the detainee to have a solicitor. 9

10 Solicitor in this Code means - a solicitor who holds a current practising certificate, an accredited or probationary representative included on the register of representatives maintained by the Legal Services Commission. 8. MONITORING AND DOCUMENTATION 8.1 At the end of the visit, the completed AA0 form will be handed to the custody officer who should sign to agree its content and accept responsibility for scanning the form immediately to the referring agency. The AA0 form will then be placed with the young person or vulnerable adult s custody record. The Appropriate Adult will complete an AA Information (AAI) form with standard non personal data and send this through the external post to the Commissioner s Office for monitoring of the scheme only. This form will not be used for communicating any immediate concerns such as safeguarding. 8.2 The Commissioner s Office will be responsible for developing, implementing, monitoring and reporting systems as necessary, including regular feedback to and from service users, e.g. Youth Offending Services and Social Services. 8.3 For the purpose of clarity in statistical data, an Appropriate Adult request for a detainee referred at a later date (please see 6.10 note) for participation in an identity parade, further questioning or other purpose shall be identified as two or more individual call outs. That is, each request for an Appropriate Adult will be counted separately, regardless of the individual concerned; and will follow the PACE guidelines for attendance. 8.4 The Commissioner s Office will collect and collate all statistical data as currently required by the Local Authority, the Youth Justice Board and Greater Manchester Police and report to the Police and Crime Commissioner. 9. STAFFING AND TRAINING 9.1 The Commissioner s Office will provide staff to administer and manage the service and to recruit the Appropriate Adult volunteers. 9.2 Induction training is provided and consists of 16 hours practical training which includes a visit to a GMP custody suite. 9.3 An on-going training plan is set up and Appropriate Adults are requested to attend every mandatory session within the first 2 years of appointment and refresh this on a 2 year basis. 10

11 9.4 The Youth offending, learning difficulties, mental health and social work teams and GMP will be invited to give their expertise on relevant aspects of the training. The Commissioner s Office staff will train the Appropriate Adults to perform the necessary tasks and complete the required documentation in order to adhere to existing and new legislation. 9.5 It is the responsibility of Greater Manchester Police and Local Authorities to cascade this protocol to all relevant staff using the scheme and to ensure that through monitoring that the scheme is being used correctly. 10. MANAGEMENT ARRANGEMENTS AND QUALITY ASSURANCE 10.1 The Commissioner s Office will provide relevant statistical data on the number of call outs serviced for the different partner agencies This protocol will be agreed by the Chief Executives of each partners agency The content of this Protocol is subject to periodic review and revision according to changing legislation, needs and circumstances Whilst acknowledging formal internal complaints procedures in all the partnership organisations, should any comments or complaints arise following an individual call out, in the first instance the matter will be brought to the attention of the Custody Sergeant/Inspector at the police station in question or social services department/ Youth Offending Service manager, by the Commissioner s Office. Equally, any comments or complaints regarding staff or volunteers from the Appropriate Adult Service should be directed to the Chief Executive of the Commissioner s Office Any issues that cannot be resolved will be brought to the attention of the Deputy Police and Crime Commissioner. In the event of an urgent matter, any party may call an urgent group meeting, with representation from senior management from all organisations. The party invoking this procedure must set out issues in writing at least five working days in advance of the meeting. If this does not resolve the matter to the satisfaction of all parties, the matter may be referred to the Chief Officer of the Commissioner s Office, the Youth Offending Services Manager or Chief Officer of the Local Authority. 11. EQUAL OPPORTUNITIES 11.1 The service will ensure that its resources are planned and delivered in line with the principles of equality of opportunity and the need to ensure that individual needs and circumstances are appropriately met. The service will work within the requirements of all partner s equal opportunities policies and procedures. 12. HEALTH AND SAFETY 12.1 The Commissioner s Office has a Health and Safety policy, staff and volunteers will receive support, supervision, information and feedback on a regular basis. 11

12 12.2 Health and Safety issues for the Appropriate Adults will be addressed during initial training and continue throughout their length of service as volunteers. This will include recommendations as to appropriate immunisation, counselling support and personal risk assessment Under this protocol it is agreed that the responsibility for the Health and Safety of the appropriate adult whilst in the custody suite lies with the custody sergeant. 13. FINANCIAL ARRANGEMENTS 13.1 Charges will be levied in accordance with the Commissioner s current charging arrangements that are calculated by a set fee of 1,000 per annum plus per call out The service will be subject to annual budget reviews within each financial year Social Services, Youth Offending Services and GMP will pay the agreed sum on a yearly basis to the Commissioner s Office on receipt of an invoice from the Finance Section. This will be paid in arrears calculated on the number of Appropriate Adult callouts during the previous financial year 13.4 The Commissioner s Office, as budget holders, will pay all service costs as agreed in the budget including permanent staff costs and training/consultancy fees, and volunteer s travel expenses. The Commissioner s Office will administer the payment of volunteers expenses and provide relevant financial information at the end of each financial year to the appropriate partners The Commissioner s Office will maintain Employer s/public Liability policies, with an indemnity limit appropriate to the perceived level of risk attached to the activities of the service Should details of funding sources change for the purpose of invoicing, partners should inform the Commissioner s Office of contact arrangements as soon as possible to avoid delay. 14. AGREEMENT PERIOD 14.1 This revised agreement commences 1 st August 2015, and shall continue until such time as may be determined by the Commissioner s Office giving 3 months written notice to all the parties The terms of this agreement may only be varied by negotiation and agreement between the parties and expressed in writing Any party shall have the right to serve three month s notice in writing of their intention to withdraw from this agreement, and this provision will apply at any time the agreement is in force. If this happens the Commissioner s office will invoice for the period up to and including the notice period. 12

13 14.4 This Service Level Agreement and the protocol have been produced after joint working by staff and officers of the Youth Offending Services and Social Services departments, the GMP and the Commissioner s Office. It has been approved and adopted for use by the relevant Chief Officers. The contents are subject to periodic review and revision according to changing legislation, needs and circumstances. 13