CC(3) DA43

Communities and Culture Committee

Scrutiny Inquiry : Domestic Abuse

Response from Police Authorities of Wales

Introduction

1. The Police Authorities of Wales (PAW) welcomes the opportunity to submit evidence to the Communities and Culture Committee’s Inquiry into Domestic Abuse.

2. Police Authorities of Wales (PAW) is a representative body of the four Police Authorities in Wales: Gwent Police Authority, Dyfed-Powys Police Authority, North Wales Police Authority and South Wales Police Authority. The main aims of PAW are to:

• Consider and act upon issues affecting policing in Wales, particularly those that are under the control of the National Assembly for Wales.
• Maintain a broad Welsh prospectus on police matters.
• Promote and protect the interests of member Authorities.
• Seek to influence the policing agenda at a national level on behalf of Police Authorities and local communities in Wales.
• Support Police Authorities in securing efficient and effective policing services across Wales.
• Enable Police Authorities to improve.
• Promote awareness of policing needs and the role and achievements of Police Authorities.
• Uphold and champion the principles of local accountability and policing by consent.

3. The Statutory responsibilities of Police Authorities are attached at Annex A.

As an overview, however, Police Authorities are responsible for:  

• Setting the budget for their police force, including the levels of council tax.
• Determining the strategic direction for local policing through 3 year and annual plans.
• Consulting local people about what they think are the most important things the police should be doing and setting local and policing priorities in light of that consultation.
• Setting their force challenging targets to drive performance higher.
• Continuously monitor force performance against those targets and regularly report to local people on how well the force is doing.

Committee Inquiry into Domestic Abuse

4. PAW is committed to helping to ensure that domestic abuse is effectively addressedand tackled in Wales.  Domestic Abuse is a serious issue affecting approximately 25% of women during their lifetime. Although less common, a significant proportion of men are also victims of domestic abuse, and in the vast majority of households where domestic abuse takes place, there are children and young people present. As well as affecting the lives of victims and their families, domestic abuse has a huge impact on wider society in terms of costs to services and the economy.

5. Domestic abuse incorporates a wide range of abusive behaviour and can occur in a variety of circumstances. The definition of domestic abuse adopted by the Association of Chief Police Officers (ACPO) reflects this:'[domestic abuse is defined as] any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults, aged 18 and over, who are or have been intimate partners or family members, regardless of gender or sexuality’.

6. While the definition of domestic abuse contained within the Welsh Assembly Government’s All Wales Strategy is a wider one, including extended family and also the impact upon children and young people, Welsh Police Forces recognise the clear links between domestic abuse and Child Protection.

7. Each of the Welsh Police Forces have developed domestic abuse policies consistent with ACPO guidance. Over recent years, this guidance has been updated to include links with neighbourhood policing, forced marriage and honour based violence. Each Force also has a Chief Officer with strategic accountability for all Domestic Abuse matters. In accordance with their roles and responsibilities, each constituent Police Authority of PAW has an appointed lead member to oversee domestic abuse issues in each Force and who is involved in the scrutiny of policy and procedures to an agreed minimum standard.

8. Similarly, at the all Wales level PAW has an appointed lead member for Public Protection issues which includes domestic abuse. This lead member role is a recent development arising from the evolution of PAW into a statutory Joint Committee in July 2007. It is intended, however, that lead members will help enable PAW to engage effectively with Assembly Ministers and Assembly policy on matters of mutual interest and concern. Lead members will also link in with WACPO policy leads.

9. As part of collaborative agenda of the Police Forces and Authorities in Wales an All Wales Public Protection Domestic Abuse Principles and Standards document has been developed by the Four Forces and endorsed by PAW. The document defines the threshold standards for the police role in domestic abuse across Wales which are to promote good practice and provide a framework for a consistent quality of service between the Welsh Forces.

10. As the All Wales Strategy recognises, Domestic Abuse is not purely a police or Criminal Justice matter. Addressing domestic abuse requires a holistic and multi-agency response. The All Wales Strategy as such rightly identified Community Safety Partnerships (CSPs) - of which Police Authorities are statutory members - as the best method of delivery of the aims and objectives of the Strategy. The Welsh Assembly Government recognises that CSPs across Wales are progressing well in this endeavour.

11. While CSPs are the drivers in Wales for the delivery of the All Wales Strategy, other partnerships such as the Local Safeguarding Children Boards (LSCBs) and Children and Young People Partnerships (CYPPs) also engage on issues of domestic abuse. It is important that there are proper linkages across the partnership structures so that domestic abuse policy and action is consistent and complementary. From a Police Authority perspective, there also needs to be greater clarity and understanding regarding the role of Police Authorities on the partnerships. There can sometimes be a tendency to view the Police Authority as being synonymous with the police force, when in fact the roles and responsibilities of police authorities together with what they can bring to partnerships is different from that of the Force.

12. PAW believes that the development of the All Wales Strategy was a positive step forward towards addressing domestic abuse in Wales and that the initiatives of the WAG in relation to domestic abuse have been complementary to those of the Home Office e.g. the development of Multi Agency Risk Assessment Conferences (MARACs); Specialist Domestic Violence Courts (SDVCs); and Sexual Assault Referral Centres (SARCs).

Conclusion

13. Police Authorities of Wales is grateful for the opportunity to submit evidence to the Committee’s Inquiry into Domestic Abuse and hopes that the above is helpful. PAW would be happy, however, to elaborate or provide further information which may be of benefit. Should this be required, first contact should be made with our Policy Officer:

Ms Rachel Morgan
Welsh Local Government Association
Local Government House
Drake Walk
Cardiff. CF10 4LG
Tel: 029 20 468651 Email: Rachel.Morgan@wlga.gov.uk

Annex A

Summary Of Police Authority Statutoryduties/Responsibilities

The Police Authority’s three key functions are:

• To secure an efficient and effective Police Service (Section 6, Police Act 1996).
• To secure Best Value i.e. continuous improvement in the way (its functions) are exercised having regard to economy, efficiency and effectiveness (Section 3, Local Government Act 1999).
• To make arrangements for obtaining:

the views of local people about the policing of their area; and the co-operation of local people in preventing crime.

(Section 96, Police Act 1996)

The Authority has a whole range of statutory duties which underpin these functions.  The following is not an exhaustive list - in particular, it does not detail procedural matters under Local Government legislation or those relating to the appointment or responsibilities of Police Authority Officers/Staff under Police/Local Government legislation.  Instead, it focuses on key responsibilities that the Police Authority is required to fulfil as part of its functions.  These are:

1. To determine the local priorities for policing - after consulting local people and the Chief Constable (Section 7, Police Act 1996).

2. To publish an Annual Policing Plan including Ministerial Priorities, local policing objectives and any performance targets set by the Authority and including Best Value Performance Plan (Section 8, Police Act 1996 & Section 6, Local Government Act 1999 and associated Regulations).

3. To report back to the community at the end of the year on the extent to which the Policing/Best Value Performance Plan has been met (Section 9, Police Act 1996).

4. To appoint and dismiss the Chief Constable and subject to the approval of the Secretary of State (Section 11, Police Act 1996).

5. To appoint and dismiss the Deputy Chief Constable, Assistant Chief Constables (Section 12, Police Act 1996 and Police Regulations).

6. To hold the Police Fund and maintain accounts (Section 14, Police Act 1996 and Section 40, Local Government Finance Act 1992).

7. To nominate one or more Members of the Authority to answer questions on the discharge of the Authority’s functions at a meeting of a relevant Council when given reasonable notice of this by the Council (Section 20, Police Act 1996).

8. To collaborate with other Police Authorities to jointly provide equipment, premises, to other material facilities, where appropriate (Section 23, Police Act 1996).

9. To decide the charges for the provision of special Police Services (Section 25, Police Act 1996).

10. To provide advice and assistance to an international organisation, institution or a police body outside the UK (includes secondment of Police Officers), subject to the consent of the Home Secretary (Section 26, Police Act 1996).  The Authority can charge for such advice/assistance.

11. To comply with any direction given by the Secretary of State on performance targets for Ministerial priorities (Section 38, Police Act 1996).

12. To comply with any Codes of Practice issued by the Secretary of State relating to the discharge of Police Authority functions (Section 39, Police Act 1996).

13. To comply with any direction made by the Secretary of State following an adverse report by HMIC i.e. that the force is not, or will cease to be, effective or efficient (Section 40, Police Act 1996).

14. To comply with any direction made by the Secretary of State as to the budget requirement (Section 41, Police Act 1996).

15. To comment on any HMIC report on the Force and any comments made by the Chief Officer about the report and to publish those comments (Section 55 Police Act 1996).

16. To investigate complaints about the conduct of ACPO officers (Section 68, Police Act 1996) or where appropriate refer complaints to the PCA (Section 70, Police Act 1996).

17. To keep itself informed of the workings of the complaints and discipline procedures (Section 77, Police Act 1996).

18. To have regard to any guidance issued by the Home Secretary on complaints or disciplinary matters (Sections 83 & 87 Police Act 1996).

19. To pay out of the Police Fund, in such cases and to such extent as it thinks appropriate, any damages or costs awarded against the police in respect of torts or in relation to the settlement of a claim (Section 88, Police Act 1996).

20. To receive grants from any local Council which falls wholly or partly within the Authority area either unconditionally or, subject to conditions agreed with the Chief Officer of Police (Section 92, Police Act 1996).

21. To accept gifts of money or gifts and loans of other property, including commercial sponsorship of any activity of the Authority or force on such terms as appear to it to be appropriate (Section 93, Police Act 1996).

22. To conduct Best Value Reviews of its functions in accordance with any order made by the Secretary of State (Section 5, LGA 1999).

23. To publish any audit report on its Best Value Performance Plan (Section 9, LGA 1999).

24. To work with other 'responsible authorities’ in formulating and implementing crime and disorder audits and strategies for each Unitary Council in its area (Section 5, Crime & Disorder Act 1998).

25. To exercise its functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area (Section 17, Crime & Disorder Act 1998).

26. To comply with the requirements of the Freedom of Information Act 2000.

27. To have due regard of the need to:

• Eliminate unlawful racial discrimination
• Promote equality of opportunity and good relations of persons of different  racial groups. (Section 2, Race Relations (Amendment) Act 2000)

28. To maintain an effective Independent Custody Visitors Scheme.

29. To maintain an effective Animal Welfare Visiting Scheme (non-statutory).