Southwest Community Safety Accreditation Scheme

CSAS GUIDE

Southwest Region

Community Safety Accreditation Scheme

CSAS Guide

Amended by: Mike D’Rozario CSAS Manager for Avon & Somerset Constabulary

Date: 30th September 2008

Section 1 INTRODUCTION......

1.1Background......

1.2Legislation......

1.3Southwest Approach......

1.4Glossary......

Section 2 COMPANY ASSESSMENT & APPROVAL......

2.1Employer Standards......

2.2Operational requirements......

2.3Assessment & Approval process......

2.4Period of Accreditation and Renewal process......

2.5Changes in Staff, Complaints and Suspension of Accreditation......

2.6Appeals process......

Section 3 EMPLOYEE ACCREDITATION......

3.1Pre-requisites......

3.2Employee Standards......

3.3Accreditation process......

3.4Period of Accreditation and Renewal process......

3.5Appeals process......

Section 4 APPENDICES......

A1: The Police Reform Act 2002......

A2: Exercisable powers list @ JULY 2005......

A3: List of CSAS documents......

A4: Joint Operating Protocol guidelines......

A5: Information Sharing Protocol guidelines......

Section 1INTRODUCTION

1.1Background

It is widely accepted that uniform presence on the streets and other public places has long ceased to be the sole preserve of police officers and public demand for uniformed foot patrols shows no sign of abating. As a consequence, the last decade has witnessed the expansion of privately funded security patrols on our estates and in our shopping centres. More recently, a variety of warden schemes has involved local authorities and other agencies or partnerships in peacekeeping and community safety patrols, utilising paid and trained staff. Hitherto such individuals and groups were not considered to be part of the police service in any way. The introduction of the Crime and Disorder Act saw great steps in the bringing together of the partner organisations to work together to address community safety issues.

The development of these “mixed patrols” incorporating Police Community Support Officers, wardens and other professionals brings with it the need for assurance as to their probity, professionalism and ability to deliver a high quality service to the public. This has offered the police service the opportunity to act as guide and close partner to other organisations, spreading good practice through the “extended police family”.

The Police Reform Act 2002 (see Appendix A1) enables the Chief Officer of any constabulary to establish Community Safety Accreditation Schemes, which aim to draw together this ‘family’. Through their employers, individuals will be able to apply for accreditation; successful application will allow the individual, known as an Accredited Person (AP), to exercise limited legal powers in areas relevant to their role.

The benefits of a Community Safety Accreditation Scheme include the standardisation of training and vetting procedures for those who carry out community safety or security patrols, better communication between the police and its partners, and the formalisation of relationships within the ‘extended police family’. The scheme will reassure the public as to the professionalism of those patrolling our streets.

The Police Reform Act 2002 is broad in its nature. Its provisions include powers relating to stopping vehicles for emission testing and escorting abnormal loads. Individuals aiming to make use of these particular powers will in general be employed by the Vehicle & Operator Services Agency (VOSA). Their accreditation is beyond the scope of this document, which will instead focus on organisations fulfilling patrol and other community safety functions. ACPO has developed a specific training requirement with VOSA that covers all aspects of the power to stop vehicles including driving skills. The Department of Transport, ACPO and other stakeholders in the road haulage sector are devising standards for the escort of abnormal loads (which will cover regulations as well as the power to direct traffic available under the Act). Any applicant intending to apply for these powers will be required to achieve the national standards as developed by ACPO.

1.2Legislation

Community Safety Accreditation Schemes (CSAS) are defined in the Police Reform Act 2002, sections 40 – 42 and 46 and Schedule 5.

The purposes set out in the legislation are:

  • contributing to community safety and security; and
  • in co-operation with the police force for the area, combating crime and disorder, public nuisance and other forms of anti-social behaviour.

Section 40 sets out the power of a chief officer of police to establish such schemes and the type of organisations to which it may apply (generally, those engaged in community safety and reassurance functions); Section 41 defines the accreditation of employees (Accredited Persons) to exercise limited powers in areas relevant to their role; Section 42 deals with supplementary provisions (exercise of powers, uniform and display of the CSAS national badge, liability, etc); Section 46 sets out offences against Accredited Persons (APs). Relevant sections of the Act are set out in Appendix A1.

Schedule 5 lists the range of powers that the chief officer of police may grant Accredited Persons. The set of powers was subsequently enhanced under the Anti-social Behaviour Act 2003, the Clean Neighbourhoods and Environment Act 2005 and the Serious Organised Crime and Police Act 2005. It is possible that the range of powers will continue to grow.

A current summary of powers, with references to the appropriate paragraphs of Schedule 5, is set out in Appendix A2.

A Chief Officer may grant accreditation to an employee of a suitable organisation where an application has been made in the manner required by the Chief Officer. The Chief Officer must be satisfied:

  • that the person’s employer is a fit and proper person to supervise the carrying out of the functions for the purposes of which the accreditation is to be granted;
  • that the person is a suitable person to exercise the powers that will be conferred on them by virtue of the accreditation;
  • that the person is capable of effectively carrying out the functions for the purposes of which those powers are to be conferred on them; and
  • that the person has received adequate training for the exercise of those powers.

A Chief Officer may charge such a fee as appropriate for considering an application for accreditation or the renewal of an accreditation under this section and/or granting such an accreditation. Community Safety Accreditation Schemes will be funded from identifiable sources that do not involve any diminution of police budgets.

Where the Chief Officer has granted accreditation to an employee then schedule 5 of the Act (which sets out the powers that may be conferred on Accredited Persons) shall have effect (with any restrictions and/or conditions deemed appropriate by the Chief Officer).

There is no provision within the Act to enhance the powers of Accredited Persons beyond those of the ordinary citizen other than those issued under Schedule 5.

Save where an accreditation has been withdrawn then the accreditation shall remain in force for such a period as may be specified in the accreditation; the Southwest Constabularies envisage an initial accreditation period of one year. However, the accreditation may be renewed at any time with effect from the time when it would otherwise expire.

An accreditation ceases to have effect if:

  • the Accredited Person ceases to be an employee of the person with whom the Chief Officer has entered into the arrangements (see also Section 2.5); or
  • if those arrangements are terminated or expire.

Accredited Persons may come into conflict during the course of their duties and the legal exercise of their powers. It is vital, therefore, that legislation protects Accredited Persons and any persons assisting them; a bystander coming to the assistance of an Accredited Person being assaulted is also protected under the law. The Act (s46) sets out the following offences:

  • Any person who assaults an Accredited Person in the execution of his or her duty or a person assisting an Accredited Person is guilty of a summary offence.
  • Any person who resists or wilfully obstructs an Accredited Person in the execution of his or her duty or a person assisting an Accredited Person is guilty of a summary offence.
  • Any person who with intent to deceive impersonates an Accredited Person, makes any statement or does any act calculated falsely to suggest that he or she is an Accredited Person is guilty of a summary offence.

Summary offences will be dealt by the Magistrates’ Courts.

1.3Southwest Approach

This scheme has been compiled with reference to various documents, including the ACPO fundamental principals relating to warden schemes (revised July 2002) and a report written by former Chief Constable of Lincolnshire, Richard Childs, which was sent to the Chief Constables’ Council on 9th April 2003. It acknowledges and has adopted the guidance contained in the “ACPO Guidance on Community Safety Accreditation Schemes” – the final version being published in June 2006. It makes extensive use of both Lancashire Constabulary’s and Cleveland Police/ Durham Constabulary’s policy documents.

The scheme is a Community Safety Accreditation Scheme under section 41 of the Police Reform Act 2002. It is therefore the intention of the Chief Officers of the Southwest Constabularies to offer certain employers an accreditation scheme in respect of the carrying out of community safety functions as detailed in the Act.

Local authorities, public bodies, agents acting on behalf of such local authorities or public bodies and private companies that are operating within the Southwest Constabularies area may apply to be considered for accreditation under the scheme. The two elements incorporated into the accreditation process are accreditation of the employer and accreditation of the employee.

Although the accreditation scheme referred to under the Act is in respect of employees only, the Southwest Constabularies need to satisfy themselves that employers who want to take the benefit of the scheme are fit and proper persons and have appropriate procedures and policies in place properly to supervise accredited employees. Therefore it is the intention of the Southwest Constabularies to accredit employers who meet these criteria in accordance with the procedure set out within this document.

1.4Glossary

The following words used throughout this document shall have the following meanings:

  • “Accredited Person” shall mean the person accredited under the employers’ Community Safety Accreditation Scheme.
  • “Authorised Signatory” shall mean the person authorised by the local authority, other public body or organisation seeking accreditation under the scheme to sign documents on behalf of and to bind the said local authority, public body or organisation.
  • “Chief Officer(s)” shall mean the Chief Constable(s) of the Southwest Constabularies acting jointly or individually as appropriate to the context.
  • “Fee” shall mean such sum charged by the Southwest Constabularies from time to time for the administration of the Scheme as is notified on an annual basis to the five relevant police authorities.
  • “Fit and proper person” is the term contained in the Act for an Accredited Person’s employer but will include chief executives, managing directors and other identified responsible persons in the relevant organisations as agreed by the Nominated Officer.
  • “Liaison officer” shall mean the individual or individuals appointed by each of the forces as the point of contact within the force for communication in respect of the regional approach.
  • “Nominated Officer” shall mean the duly appointed individual within each of the forces to conduct and manage the force Community Safety Accreditation Scheme applications.
  • “Scheme” shall mean the Southwest Constabularies Community Safety Accreditation Scheme under Section 41 of the Police Reform Act 2002. The abbreviation ‘CSAS’ will be used in this document.
  • “Southwest Constabularies” shall mean Avon and Somerset Constabulary, Devon and Cornwall Constabulary, Dorset Police, Gloucestershire Constabulary and Wiltshire Constabulary.
  • “The Act” shall mean the Police Reform Act 2002.

Section 2COMPANY ASSESSMENT & APPROVAL

2.1Employer Standards

For the employer to obtain accreditation the following standards must be adhered to in order to ensure the smooth and efficient running of the scheme. It is necessary for the company to demonstrate to the satisfaction of the Chief Officer that it is a fit and proper organisation to supervise employees in carrying out the functions for which the accreditation is to be granted. It is therefore incumbent upon the employer to ensure that the following standards are put into place and strictly adhered to.

  • Management

The Police Reform Act 2002 requires that the person’s employer is a fit and proper person to supervise the carrying out of the functions for which the accreditation is granted. Primary accountability of Accredited Persons will be to their employing agency although establishment of the scheme within Crime and Disorder Reduction Partnerships (CDRPs) will enable the local police to influence their activities and their targeted deployment in ways which complement police patrols.

  • Insurance

The employer will be required to show current certification stating they are in possession of employer’s liability insurance of a sum not less than £5,000,000 and public liability insurance of a sum not less than £5,000,000.

  • Legal liability

The Police Reform Act states that:

For the purpose of determining liability for the unlawful conduct of employees of a person with whom a Chief Officer of police has entered into any arrangements for the purposes of a community safety accreditation scheme, conduct by such an employee in reliance or purported reliance on an accreditation under section 41 shall be taken to be conduct in the course of their employment by that employer; and, in the case of a tort, that employee shall be treated as a joint tortfeasor accordingly.

Any reference to joint tortfeasors here means the employee and the employer, not the Southwest Constabularies or the five relevant police authorities, who would only be liable if the Accredited Person is employed by a police authority.

  • Security Industry Association (SIA) Licence

With the development of the Security Industry Association licensing scheme, national standards are being set that must be consistent with any that are established by the scheme. Any authority, organisation or company which is required to be licensed at any time in the future for any or all of its functions must have this licence for accreditation to be granted, continued or be renewed. The terms of any scheme may be amended subject to the decisions and standards set by the SIA.

  • Complaints and Discipline Procedure

Employers must have established satisfactory arrangements for the handling of complaints made by either a member of the public or another employee relating to the carrying out by itself or its employee(s) of the functions for which accreditation is requested and be able to demonstrate these procedures. For the purpose of satisfying themselves that the employer’s complaints system is working properly, the Southwest Constabularies will require access to individual complaints records and to those operating the complaints system in accordance with Data Protection and Human Rights legislation.

The table below summarises the requirements.

Criteria / Acceptable Evidence
You should have a Code of Conduct for employees, which is familiar to your staff. / Documents containing the Code. Documents containing the procedures and sanctions if it is breached by a member of staff.
Give details of staff and management training on the Code and consequences of breaches.
You have a written, easy to use, complaints procedure that is available to the public. It should include a commitment to deal with complaints within a specific time limit whenever possible / Documents containing the procedure.
The stages of the process should be set out clearly. Complainants should be able to register their complaint in a variety of ways including in person and in writing.
Documents detailing any review procedure if a complainant is not satisfied with the initial process should be included.
You should give staff guidance and training in handling and recording complaints. / Include guidance documents provided for staff. Provided details of training in complaints resolution for staff or management.
You keep records of complaints and the action taken to deal with them. / Documents used for recording complaints and any guidance provided on their use. Details of complaints received in the last year should be provided. Access to inspect your complaints records may be required.

The employer must notify the Nominated Officer of any changes or occurrences that may render the employee unsuitable and/or warrant withdrawal of the employee’s accreditation or the employer’s approval under the scheme.

  • Supervision

The Act requires that a scheme must contain provision for making arrangements with employers to supervise employees carrying out community safety functions. A proper supervisory structure shall be put in place which will address the need for daily direction and control of employees to include work allocation and direction, health and safety of the employee whilst on duty, monitoring of workloads and interaction with the local police as appropriate. These observations should also be included in any staff appraisal system. The supervisor shall also be subject to vetting procedures and should be trained in the issues connected with the use of powers by staff under their control.

  • Operation

The employer will also need to document the area(s) in which the proposed scheme will be operating, the proposed role and function of the employee within the scheme and the shift patterns that the Accredited Person will be working.

  • Appearance

There is a need for Accredited Persons (and their vehicles) to be readily identifiable at local level and distinct from other uniformed patrols and community safety workers. Their appearance (uniform, vehicle livery and corporate image) should be distinct from that of the police to avoid confusion to the public.

The employer shall provide an identifiable uniform to the employee that meets the needs of the employee in relation to the Health and Safety at Work Act. It should also be of a standard and design that is agreed by the Chief Officers as appropriate for the high visibility and reassuring role the Accredited Person is to perform. The uniform shall incorporate a means of identifying the wearer by means of an identification number or name badge.

In addition it should include, as part of or separate from that design, the badge as specified for the purposes of section 42(2) of the Act by the Secretary of State. The employer shall also ensure that the employee wears such a badge in such manner, or in such place, as may be so specified by the Act. For those employees who do not wear an identifiable uniform the badge should be displayed whilst using the powers. All Accredited Persons should be prepared to show identification cards if requested, particularly if in plain clothes.