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MERGING CRIME AND DISORDER REDUCTION PARTNERSHIP AREAS UNDER

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MERGING CRIME AND DISORDER REDUCTION PARTNERSHIP AREAS UNDER

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									GUIDANCE ON MERGING CRIME AND DISORDER REDUCTION
PARTNERSHIP AREAS UNDER SECTION 5 OF THE CDA 1998 AS
AMENDED BY SECTION 97(3) OF THE PRA 2002


1.     Introduction

1.1     This paper provides guidance for Crime & Disorder Reduction
Partnerships and Home Office Regional Deputy Directors (HORDDs) in
England, and their teams, on the procedure to be followed at local, regional
and national level in order to facilitate the merger of crime and disorder
reduction partnership (CDRP) areas. This guidance has been revised in the
light of the new Hallmarks for CDRPs and also reflects experience gained
from the mergers that have occurred since 2005.


2.     Background

2.1    Section 5 of the Crime and Disorder Act 1998 as amended by section
97(3) of the Police Reform Act 2002 sets out the circumstances in which the
responsible authorities for each CDRP area can join together to work as a
combined partnership in order to carry out their functions under sections 6 to 7
of the Act. The previous requirement for an audit and strategy has been
repealed and partnerships now have to carry out a strategic assessment
which informs their partnership plan. The document “Delivering Safer
Communities: A guide to effective partnership working” provides
comprehensive guidance for partnerships on the new requirements.

2.2     There are clearly benefits for some partnerships, particularly in two tier
areas, to work together in this way, such as the pooling of expertise,
knowledge, skills and resources to more effectively tackle crime and disorder
and the misuse of drugs at local level. Merger of CDRP areas may also be
beneficial in overcoming the practical barriers in two tier areas to
integration/closer working between the County DAT and the District CDRPs. It
will also help with the joining up for the County Strategy Group and the
Community Safety Agreement, which form part of the new requirements
outlined in the Minimum Standards for Partnerships. (Please see the
Delivering Safer Communities Guidance). The expectation therefore should
be that mergers should take place where it will be in the interests of reducing
crime and disorder or of combating misuse of drugs, and where all the
responsible authorities concerned in those areas want to merge. The ability to
comply with the Hallmarks and Minimum Standards should also be taken into
account.

CDRP Mergers – Guidance for HORDDs - xxxx 2008                                  1
3.     Process for merger

3.1    The process for merging CDRP areas has been broken down into 6
stages – see flow chart at annex B. Home Office Regional Deputy Directors
(HORDDs) provide the initial approval of a merger application. This includes
assessment of the pilot period that the partnerships have been informally
working together and whether this is of sufficient length to conclude that a
formal merger will be successful.

3.2    This section explains in further detail each of the stages set out in the
flow chart at annex B.

3.3    Stage 1
In order to fulfil the requirements of the legislation, a joint application to merge
needs to be made by all responsible authorities across the areas wishing to
merge. In practice therefore, they all need to be in agreement to the merger
and the HORDD will need to be satisfied that this is the case before
partnerships proceed to the next stage. The HORDD will also consider
whether the responsible authorities concerned have consulted with their
stakeholders locally on the merits of merger.

3.4     Stage 2
The process of revoking an order to merge partnership areas would inevitably
be a complex one. The Home Secretary will therefore want to be satisfied
that all responsible authorities and partnership agencies are confident that the
merger will work before an order is made. Those partnerships that have
already successfully operated as an „informally‟ merged partnership may
proceed directly to stage 3 of the process rather than piloting their
arrangements for a further set period - see also FAQ at Annex D.

3.5    Stage 3
The responsible authorities and partnership agencies will already have been
working together for a period as a merged partnership when the application
for an order is made. The partnership should therefore have gathered a
considerable amount of evidence in support of merger. As a minimum, the
application should draw on evidence from:
  a completed self assessment during the pilot phase and joint improvement
    planning
  evidence of performance improvement during the year including the
    benefits of merger – this can be drawn from information gathered during
    the strategic assessment and planning process and iQuanta performance
    data information.

3.6 The application will also need to set out why merger is in the interests
of reducing crime and disorder or of combating the misuse of drugs and be
made jointly by all responsible authorities concerned – these are
requirements of the legislation.


CDRP Mergers – Guidance for HORDDs - xxxx 2008                                    2
3.7 In considering the merits of an application to merge, HORDDs will take
a range of additional factors into consideration. The following list is not
exhaustive but gives examples of the type of additional information that may
be considered:
 How any issues of losing the „local agenda‟ as a result of merger will be
   addressed.
 How the merged partnership will retain local sensitivity, consult with and
   be accountable to local people. For example, has the merged partnership
   developed a community engagement strategy for ongoing consultation
   with local people, businesses and community groups, which is sensitive to
   the diversity of areas within the merged partnership‟s geographic
   boundaries?
 How the merged partnership will manage its relationship with all the
   responsible authorities within the merged partnership area, the Drug
   Action Team, Local Strategic Partnership, Local Criminal Justice Board
   and other local partnerships and agencies for the constituent local
   authority areas.       For example, what overarching performance
   management arrangements and accountability structures has the merged
   partnership put in place?
 How merger will lead to economies of scale
 How the pooling of local resources financial as well as expertise, skills
   and knowledge will achieve more effective and sustainable outcomes
 How the merger will help the partnership achieve the Minimum Standards
   and Hallmarks

3.8    Stage 4
Once the HORDD has considered an application to merge, they will complete
the template at annex C and forward this to the policy team in Police and
Crime Performance Unit (PCPU) with any other information considered
relevant. The information that is provided on the template is the minimum
information needed in order to make a case to Ministers to support the
application to merge. However, HORDDs are welcome to submit any
additional supporting information they feel is essential for Ministers to be
aware of. In most cases the information provided will be enough for PCPU to
make the case for merger to Ministers, but in rare cases, additional
information may be required.

3.9      If HORDDs feel on receipt of the application from the „informally
merged‟ partnership that they have not yet made a case for merger, the
HORDD will want to discuss this with the partnership. As mentioned above,
PCPU would only submit a case to Ministers on HORDD‟s recommendation
and if a partnership contacts the Home Office directly with a request to merge,
they would be advised to contact the Government Office in their region in the
first instance.

3.10 Stage 5
Using the information supplied in the merger template and any other
supporting evidence a submission will be put to Ministers recommending that
an order is made. The appropriate HORRD will be copied into these
submissions to Ministers.

CDRP Mergers – Guidance for HORDDs - xxxx 2008                               3
3.11 Stage 6
Once Ministerial approval has been received the policy team in PCPU will
liaise with Home Office Legal Advisers for an order to be raised. It should be
borne in mind that it may take a few weeks for an order to be raised. The
respective HORDD will be informed in writing once this has been done so that
they can inform the newly merged partnership, and a copy of the order will be
sent to the HORDD. The order will have the date on which the partnerships
will be legally merged.

4.     Good Practice

4.1    Partnerships that are considering the option of merger may find it
helpful to discuss the practical issues with a merged partnership that has been
through the process and learned the lessons from it. Merged partnerships are
encouraged to submit their example, of:
     good practice around the issues outlined in paragraph 3.7 above
     barriers that have been overcome during the merger process, and
     lessons learned from it

4.2    We will then consider posting these examples on the partnerships area
of the Crime Reduction Website.


5.     Further Information

5.1   Annex D contains answers to some frequently asked questions about
the process for merging CDRP areas. Additional enquiries should be
addressed to:


Charlie Storer
Partnership Policy Team
Crime Strategy Unit
Home Office
4th Floor South East, Peel Building
2 Marsham Street
London
SW1P 4DF

020 7035 4866
charlie.storer3@homeoffice.gsi.gov.uk




CDRP Mergers – Guidance for HORDDs - xxxx 2008                               4
                                                                               Annex A

The Crime and Disorder Act 1998 states:

5      Crime & Disorder Strategies

       (1)    Subject to the provisions of this section, the functions conferred by
              section 6 below shall be exercisable in relation to each local
              government area by the responsible authorities, that is to say –

              (a) the council for the area and, where the area is a district and the
                  council is not a unitary authority, the council for the county which
                  includes the district; and
              (b) every chief officer of police any part of whose police area lies
                  within the area.

The Police Reform Act 2002 states:

97     Crime & Disorder Partnerships

       (1)    The Crime & Disorder Act 1998 (c. 37) shall be amended as follows.

       (2)    In section 5 (authorities responsible for strategies). In subsection (1),
              after paragraph (b) there shall be inserted –

              “(c)   every police authority any part of whose police area so lies;
              (d)    every fire authority any part of whose are so lies;
              (e)    if the local government area is in England, every Primary Care
                     Trust the whole or any part of whose are so lies; and
              (f)    if the local government are is in Wales, every health authority
                     the whole or any part of whose area so lies.”

       (3)    After subsection (1) of that section there shall be inserted –

              “(1A) The Secretary of State may by order provide in relation to any
              two or more local government areas in England –
              (a)    that the functions conferred by sections 6 to 7 below are to be
                     carried out in relation to those areas taken together as if they
                     constituted only one area: and
              (b)    that the persons who for the purposes of this Chapter are to
                     be taken to be responsible authorities in relation to the
                     combined area are the persons who comprise every person
                     who (apart from the order) would be a responsible authority in
                     relation to any one or more of the areas included in the
                     combined area.

              (1B) The Secretary of State shall not make an order under
              subsection (1A) above unless –

              (a)    an application for the order has been made jointly by all the
                     persons who would be responsible authorities in relation to the
                     combined area or the Secretary of State has first consulted
                     those persons; and
              (b)    he considers it would be in the interests of reducing crime and
                     disorder, or combating the misuse of drugs to make the order”.
CDRP Mergers – Guidance for HORDDs - xxxx 2008                                            5
                                                                                  Annex B
     Process for Merger


Stage 1
A proposal to merge must be agreed by all of the responsible authorities across the areas
wishing to merge and discussed with the relevant Home Office Regional Deputy Director.




Stage 2
CDRPs pilot working together as a merged partnership




Stage 3
After piloting working arrangements as a merged partnership, an application to merge is made
to the Home Office Regional Deputy Director

The Application should:
 draw on evidence from a joint Self Assessment completed by the „informally merged‟
   partnership during the pilot phase and joint improvement planning
 draw on evidence of performance improvement during the pilot period
 set out any benefits already gained or expected to be achieved and how these impact on
   reducing crime and disorder or combating the misuse of drug.
 clearly show that all of the responsible authorities for all relevant areas are in agreement with
   the merger
 show that the Minimum Standards & Hallmarks are being met and that the merger will help in
   complying with these



Stage 4
The Home Office Regional Deputy Director for the region will consider the application and
 make a recommendation supporting the application – the recommendation should be
   submitted to PCPU on the merger template together with any other information the HORDD
   considers should be put to the Home Secretary

If the HORDD is unwilling to support the application, he/she should
 discuss with the „informally merged‟ partnership what further areas for improvement are
     needed within a mutually agreed timescale




Stage 5
PCPU recommend to the Secretary of State that an order is made under section 5(1A) of the
CDA 1998 as amended in section 97(3) of the PRA 02




Stage 6
Recommendation is approved and Home Office Legal Advisers arrange for an Order to be
madeCDRP Mergers – Guidance for HORDDs - xxxx 2008                                6
                                                            Annex C
Merger Template [to be completed by HORDD

Information required                             Response
Name of Region
Name of HORDD
Partnership areas concerned




Name under which the „informally‟ merged
partnership is currently operating
Why is the partnership considering merger?
What would the merged CDRP structure
look like?
Where will the different teams of the
proposed structure be located?
What difference will be seen to the existing
CDRP structures in each of the Local
Authority areas?
What are the financial implications if the
partnerships merge?
What are the risks in merging these
partnerships?
Is the merged partnership complying with
the Minimum Standards & Hallmarks as
prescribed in the Police & Justice Act 2006?




CDRP Mergers – Guidance for HORDDs - xxxx 2008                    7
Has an application for an order under
section 5 (1A) of the CDA 1998
(amendments contained in section 97(3) of
the PRA 02) been made by all the
responsible authorities in each of the areas
concerned? (Please provide details)
Are you satisfied that the „informally‟
merged partnership has been working well
in practice ? (Please provide a summary
from the partnership‟s application for merger
as evidence of this)
Are you satisfied that making an order
under the Act for these CDRP areas to
merge will be in the interests of
a) reducing crime and disorder, or
b) combating the misuse of drugs
Please summarise here the main benefits
that a merged partnership would bring.




CDRP Mergers – Guidance for HORDDs - xxxx 2008   8
                                                                      Annex D

Frequently Asked Questions

How long does a pilot period of partnerships working informally together
need to be before they can apply for a merger?

This is something that HORDDs will need to consider when processing merger
applications. It will need to be of sufficient length to reasonably conclude that a
formal merger will be successful.

What happens if responsible authorities decide that they no longer want
to work together as a merged partnership after an order has been made?

The process of revoking an order to merge partnership areas will inevitably be
a complex one which is why we have said that „informally‟ merged partnerships
should work together for a pilot period before making an application. Whilst
requests to revoke an order have not happened and in the future are likely to
be rare, there can be no cast iron guarantee that it will not happen if for
example the political landscape at local level were to change. In these
circumstances Ministers would need to be satisfied that all responsible
authorities in the merged partnership area were jointly seeking to „de-merge‟
and that to do so would be in the interests of reducing crime and disorder or of
combating the misuse of drugs.

Can the Home Secretary force CDRP areas to merge?

The Act enables the Home Secretary to make an order to join together two or
more CDRP areas to work as a combined partnership provided he:
 first consults all the responsible authorities in the areas concerned, and
 if he considers merger to be in the interests of reducing crime and disorder
    or combating misuse of drugs in the areas concerned.
The process for merger we have outlined in this guidance assumes that in the
majority of cases the CDRP areas concerned will want to merge. However,
this may not always be the case. There may be circumstances where it is
considered that merger would be appropriate, even if the responsible
authorities concerned have not requested it, in order to improve partnership
working and overall performance.

How will merging affect the County LAA in two-tier areas?

The duty to prepare the LAA rests with the County Council in two-tier areas.
However the involvement of District level partners in two-tier areas should
remain central throughout the negotiating process and the Government Office
will seek assurance on this point, working with the relevant county and district
authorities as appropriate. Where district CDRPs have merged the County
Council should ensure that the new CDRP is fully involved in the preparation
and delivery of the LAA. The new CDRP assumes any responsibilities for
preparation and delivery of the LAA which were previously the responsibility of
the districts it covers.

CDRP Mergers – Guidance for HORDDs - xxxx 2008                                   9
How will funding be calculated for merged CDRPs?

Home Office Safer & Stronger Communities funding, previously paid directly to
CDRPs via the Department of Communities & Local Government (DCLG), is
now paid through DCLG to local authorities as part of Local Area Agreement
Grants. With effect from 1st April 2008 this funding will be paid to local
authorities (again via DCLG) as part of Area Based Grants.

The calculation of funding for any merged CDRPs is a matter for the relevant
lead authorities in consultation with their partners in the local strategic
partnerships.

How will merger of a group of CDRPs affect the groupings of ‘most
similar’ CDRPs?

Revised groupings of „most similar‟ CDRPs have been published on iQuanta.
We will continue to work with colleagues responsible for producing „most
similar‟ groupings to ensure that relevant groupings for merged partnerships
and „informal‟ partnerships working towards merger are reviewed annually so
that they will have an appropriate group to benchmark themselves against.
Partnerships will need to be aware that their crime statistics and families will
only be reported on the merged partnership from April and for this reason,
where possible, mergers should be arranged to take place formally on 1 April.

What happens if after the pilot working period the ‘informally merged’
partnership decides it wants more time before submitting an application
for an order to merge?

A decision to make an application to merge will need to be taken jointly by all
the responsible authorities in the areas concerned and if they decide jointly that
they need more time, this is ultimately a decision for them. However, we would
expect the HORDD to be fully involved in that discussion because an „informal‟
partnership should not continue to operate indefinitely if there is no clear
intention to merge or if it is clear that merger does not have the full support of
all responsible authorities.


What are the responsibilities of DATs and CDRPs in the strategic
assessment process and how will merger of CDRPs in two tier areas
affect these responsibilities?

In two tier authorities, county level strategic planning of the drug strategy is
critical. It is recommended that partnerships adopt one of the approaches
described below, both of which ensure that strategic planning of the drug
strategy takes place at county level whilst allowing responsible authorities to
meet their statutory responsibilities at district level.

 DATs and CDRPs should, where practicable, work jointly to produce
  county-wide crime and disorder and drugs strategic assessments and
  partnership plans. Such an approach can yield economies of scale and
  greater synergy. It will support strategic planning by agencies serving the
CDRP Mergers – Guidance for HORDDs - xxxx 2008                                 10
   county as a whole. If this approach is adopted, the strategic assessments.
   plans and reports must have the agreement of all CDRPs and be
   comprehensive in their coverage of crime and disorder and drugs issues in
   each CDRP area. Each CDRP will still be required to publish and consult
   locally on the joint strategic assessment and publish the joint plan locally
   (this is a requirement of the legislation). Again, in terms of format,
   partnerships will be free to decide whether to produce combined crime and
   disorder and drugs strategic assessments and plans or separate
   documents (e.g. one strategic assessment covering crime and disorder and
   a separate strategic assessment document covering drugs). If separate,
   the documents will need to be cross referenced and complementary.

 Where the above approach is not practicable, each CDRP will be required
  to produce crime and disorder and drugs strategic assessments and plans
  for their local area. CDRPs are expected to agree the drugs element of
  these documents with the county DAT in order to ensure consistency with
  the county-wide audit, strategy and report produced by the DAT*.

Where a merger order is made, the combined responsible authorities will fulfil
their strategic assessment and partnership planning (as prescribed in the
Crime and Disorder (Formulation and Implementation of Strategy) Regulations
2007) as if they were the responsible authorities for a single CDRP area.
Accordingly, they will be required to consult on and publish their joint crime and
drugs plan in the local area to which the order applies.

       * Note: the Crime and Disorder Act 1998 (as amended) places statutory
       requirements on responsible authorities operating at district level. District level
       CDRPs need to address the impact of drugs misuse on their local
       communities. However, that does not detract from the importance of county
       level strategic planning of the drug strategy. As a result, DATs in two-tier
       authorities are expected to produce county-wide drugs audits, strategies and
       reports. This will ensure consistent approaches within unitary and two-tier
       authorities to auditing, planning and reporting within the revised framework for
       local delivery of the drugs strategy.




CDRP Mergers – Guidance for HORDDs - xxxx 2008                                         11
An example of a standard worded letter from the Partnership to the
Police and Crime Policy Unit with signatures required that should be
submitted along with the application and HORDS template.



PCPU
Home Office
4th Floor Fry Building SE
2 Marsham Street
London SW1P 4DF


To the Home Secretary,

On behalf of the (insert number here) Crime and Disorder Reduction Partnerships (CDRPs) in
…(area)……… we are writing to formally request an approval for an order, under Section 5
(1A) of the Crime and Disorder Act 1998 (CDA) as amended by Section 97 (3) of the Police
Reform Act 2002, for (insert number here) district based CDRPs in …………… namely
…………………… to combine together to form a single …………….. CDRP to be known as
the ……(insert name ie XXX Community Safety Partnership) ………………….

The xx CDRPs have already working together successfully as a informally merged
partnership for (insert period). We have been demonstrating the value of combining by
our day to day collaboration (insert some evidence here). The new CSP will be
coterminous with the BCU/PCT (delete as applicable). The Home Office Regional
Deputy Director fully supports the application in the interests of reducing crime, disorder
anti-social behaviour and misuse of drugs.

The undersigned certify that the application for merger is supported by all of the
appropriate responsible authorities concerned in the combined area.


Chief Executive                       Chief Executive
Council                               Council


Chair/ Chief Executive                Chief Superintendent
PCT                                   Police BCU or
                                      Chief Officer
                                      Police Force


Chair                                 Chair
Police Authority                      Fire and
                                      Rescue Authority

Date




CDRP Mergers – Guidance for HORDDs - xxxx 2008                                          12

								
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