Response to Equality and Human Rights Commission Call for Evidence

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					Response to Equality and
Human Rights Commission
Call for Evidence
September 2010
    Contents                                                         C
    EHRC Response Devon and Cornwall Report                          4

    Appendix A - Vulnerability Matrix                                33

    Appendix B - Steven Hoskin                                       36

    Appendix C - Ofsted                                              40

    Appendix D - Case study - MASH                                   44

    Appendix E - Project Amethyst                                    48

    Appendix F - DASH                                                58

    Appendix G - Monitored Hate Crime Definition                     66

    Appendix H - Community Safety Partnership                        69

    Appendix I - ASB Policy                                          72

    Appendix J - Reward Flyer                                        76

    Appendix K - Magic Carpet                                        79

    Appendix L - Equality Monitoring Report                          81

    Appendix M - Connecting Newsletter                               119

    Appendix N - You matter, We care                                 144

    Appendix O - James Watts Case                                    157

    Appendix P - Custody                                             162

    Appendix Q - J9                                                  175




Response to Equality and Human Rights Commission Call for Evidence         3
    EHRC Response
    Devon and Cornwall Report




4                  Response to Equality and Human Rights Commission Call for Evidence
          Disability-Related Harassment Inquiry
          Devon and Cornwall Constabulary Response
          Section 1: Your contact details
           Name:
            Chief Constable Stephen Otter

           Full postal address:
           Devon and Cornwall Constabulary
           Police Headquarters
           Middlemoor
           Exeter
           Devon

           EX2 7HQ

           Telephone/ Textphone:                                     Mobile:   Fax:

           01392 452011

           Email address:
           stephen.otter@devonandcornwall pnn.police.uk.

           Are you responding on behalf of an organisation or as an individual?
           On behalf of an organisation

           If responding on behalf of an organisation, what is the name of your
           organisation:
           Devon and Cornwall Constabulary

           Does your organisation provide services to specific group/s? If so which
           group/s?
           The police service is charged with the responsibility of preserving life and protecting
           our communities from harm. It has a key role in promoting equality and human
           rights and tackling discrimination. Equality and Human Rights are central to the
           delivery of the service delivered by Devon and Cornwall Constabulary. We provide a
           twenty-four hour service to all members of the community and are available to
           respond to and assist anybody who needs our help. Our service is available to
           everyone according to their need and we try to make ourselves as accessible as
           possible. Our relationships with people living in, working in and visiting Devon,
           Cornwall and Isles of Scilly is critical to building their confidence in us as a service
           so that they are safe in the knowledge that we will be there when needed and will be
           welcoming and supportive when approached for help. This ethos is encapsulated in




Response to Equality and Human Rights Commission Call for Evidence                                    5
    our force vision of Building Safer Communities Together.
    Our police officers responded to 221,991 emergency calls last year and dealt with
    over 988,352 calls for our service.


    Section 2: Your evidence
    1       Please provide a summary of your response
    1.1     Summary of Response
    1.1.1   The process of identifying evidence for the Equality and Human Rights
            Commission has highlighted that as a force, we are proactive in working
            with disabled people and groups, engaging them in our consultation
            processes. However we need to improve our monitoring and evaluation
            processes, involving the disabled community more in feedback on our
            services. The force was forward looking in its commissioning of research
            from Living Options, a user-led charity based in Devon and now needs to
            take forward the learning from their research to provide tangible, positive
            outcomes for disabled people needing to access our services.

            As a result of the EHRC call for evidence and the self inspection process
            which has taken place, the force has identified good practice and areas
            where there are gaps in our service delivery. Any gaps identified through
            the EHRC Inquiry process have been covered in our response.

            This force has been instrumental in developing the Equality Standard for
            Policing at a national level and this work is further explained within our
            response. The relationship with our Independent Advisory Group (IAG) is
            explained together with links to the force Equality Monitoring report which
            has been developed to the specific requirements of our IAG members.

            We have strong processes in place to identify vulnerability, manage risk
            and prevent harm. These processes are still being refined with a current
            pilot to identify the vulnerability of callers, through analysis of repeat
            telephone numbers, as well as the more established Neighbourhood Harm
            Reduction Register of repeat calls to locations, which is explained within
            this document. Mental health practitioners and the police now have a
            shared understanding with shared language and definitions around risk in
            mental health care cases and work together to review regularly risk levels
            throughout episodes of missing from sectioned mental health care.
            The report covers services to victims and perpetrators in recognition of the
            fact that many disabled offenders may well also be the subject of bullying
            or harassment as a victim or may indeed offend due to the influence of
            others who would take advantage of their disability and orchestrate the
            crime.

            The most valuable data to inform the force service delivery to disabled
            people is the recent work of our survey teams which gives indicative data in
            relation to disabled victims of crime. An increase can be seen in year to
            date reporting of disability-related hate crime however it is too early to
            claim this as an improving trend. Although there is no empirical evidence to




6                                              Response to Equality and Human Rights Commission Call for Evidence
                      support the emerging pattern, it may be indicative of an increase in a
                      greater sense of confidence to report to the police. Our experience in
                      closing the gap in satisfaction between white and BME victims has shown
                      us that the first reactive response tends to be greater reporting to the
                      police. This report outlines this work and the lessons which we are carrying
                      forward to improve our services to disabled victims.

                      Innovation is evidenced through the way that this force has taken the
                      recommendations of Lord Laming’s report, and lessons learned from local
                      Safeguarding audits and serious case reviews to design and develop a
                      Multi Agency Safeguarding Hub (MASH). Co-located agencies provide a
                      shared intelligence picture to enhance the Safeguarding of children to
                      ensure that no one agency is ‘deprived’ of any opportunity to deliver an
                      appropriate intervention to protect a child from harm. This is described in
                      more detail with the additional aspirations to extend the remit to
                      Safeguarding Adults and people with mental ill health.

                      Highlighted within this response is a recent case investigated by Devon
                      and Cornwall Constabulary, which is a national landmark in criminal
                      investigations. The victims were living with severe disabilities and
                      significant challenges around communication. The Lord Chief Justice of
                      England and Wales endorsed the reliability and admissibility of the
                      evidence secured from such disadvantaged victims and he upheld the
                      safety of convictions based on this type of evidence.

          1.2         Introduction and context
          1.2.1       Devon and Cornwall Constabulary welcomes the opportunity to submit
                      evidence to the Equality and Human Rights Commission Inquiry (EHRC) in
                      what are unfortunate circumstances. The work in compiling this report has
                      highlighted some gaps in the service that we as a police force provide to
                      our disabled communities, their friends, family and carers. It has enabled
                      us to review our provision of service that gives support to those
                      communities and to put in place specific training and processes, detailed
                      within this report, which offer better support and encourage increased
                      reporting of incidents to us.

          1.2.2       Devon and Cornwall Constabulary is the largest police area in England
                      (4,076 sq miles). It provides policing services for over 1.6 million residents
                      and more than 8 million visitors over an area stretching 180 miles from the
                      Dorset and Somerset borders in the east to the Isles of Scilly in the west.
                      Information regarding the number of people with disabilities living in our
                      force area is currently not available. It has been recognised by the Office
                      for National Statistics that currently data relating to disability is limited, as it
                      does not reliably measure the numbers of disabled people generally,
                      transition into and out of disability as well as impairment types and
                      participation in employment and education.

                      According to the British Crime Survey, the area of Devon, Cornwall and the
                      Isles of Scilly is the fourth safest place to live in England and Wales. In
                      2007-2008 there was a record drop of 10.7% in all recorded crime. This
                      downward trend continued in 2008-2009 with another drop of 7.6%. It



Response to Equality and Human Rights Commission Call for Evidence                                           7
            continued to fall in 2009-2010 by 9.7%. Crime has fallen year on year for
            the past five years. However we recognise that this is little consolation for
            anyone who lives in fear or is a victim of crime. We also recognise that
            there is significant under reporting of incidents, particularly from our deaf
            and disabled community members. In fact disability-related crime accounts
            for only 1.7% of hate crime reported to us last year.

            There are no specific national targets in the area of Hate crime, Anti Social
            Behaviour or Harassment. The force sets overarching targets in a number
            of areas, including crime reduction, positive outcomes of crime (bringing
            offences to justice and restorative justice), satisfaction and confidence.
            Under these there is an array of management information in different
            business areas. Performance is managed at force level through a
            performance group, consisting of senior managers who review information
            against targets, management information and other information such as
            HMIC reviews. Analysis and reviews are brought together and relevant
            action plans developed to improve performance. This is replicated at
            differing levels of the organisation, moving through from strategic decision
            making to tactical plans at front line delivery stage. Performance is
            overseen and challenged via the Police Authority, external groups (IAGs for
            example) and also inspectorates.

            The force has an active Disability Forum, representing disabled members
            of our workforce, who, along with the Disability IAG, have been
            instrumental in supporting and advising on our force response to the EHRC
            Inquiry.

    1.2.3   To ensure Devon and Cornwall Constabulary maintains an efficient and
            cost effective service, and considering the challenging economic climate
            we face, the force has commissioned a comprehensive review of our
            business to develop a force ‘Blueprint’ for the future. This has required a
            critical review of our service delivery in terms of risk, harm and
            vulnerability, based on our obligations to the UN Convention and Article 16,
            leading to the re-configuration of our service delivery focused upon these
            priority areas. By re-designing our service around these priority areas we
            will be better placed to identify vulnerability and protect people from harm.

            The force recognises that someone is not necessarily vulnerable because
            they have a disability and that our service delivery needs to be based on
            mature processes for identifying vulnerability and effectively managing risk.

    1.2.4   The Equality Standard for the Police Service (ESPS) was launched
            nationally on the 2 December 2009. Devon and Cornwall Constabulary was
            a ‘Field Trial’ force for the ESPS and the force has been instrumental in
            assisting in the development of the Standard with the National Police
            Improvement Agency (NPIA) through representation on the Key National
            Working Group. In 2009 and 2010 the force focused on developing a
            performance framework linked to the Equality Standard for the Police
            Service. The force Race, Gender and Disability Equality Schemes, which
            are required under various pieces of Equality Legislation, have matured
            and developed into an Integrated Equality Scheme.




8                                              Response to Equality and Human Rights Commission Call for Evidence
                      In light of the EHRC Inquiry into disability-related harassment, the original
                      list of recommendations has been reviewed, and now forms the action plan
                      for the force Integrated Equality Scheme. The Integrated Equality Scheme
                      is published on the force website1. We are required to assess our self
                      against the ESPS criteria, seek peer and community review of our self-
                      assessment and publish the result. The Standard will be used to build
                      equality and diversity improvement into our planning process. Progress
                      against some of the criteria in the Standard will be the subject of Her
                      Majesty’s Inspector of Constabulary (HMIC) workforce productivity
                      inspection which is anticipated this year.

          1.2.5       Since 2003 the force has had a process in place for carrying out Equality
                      Impact Assessments (EIA) of policies. This process was reviewed in June
                      2010 and thirty eight of our key policy reviewers and senior police officers
                      have received nationally accredited training in Equality Impact Assessment
                      from the Institute of Equality and Diversity Practitioners.2 This has
                      increased the force capacity to ensure that EIAs are carried out for policies
                      and major change implementation. The force website contains a brief
                      explanation of the process.3 The EIA of Devon and Cornwall
                      Constabulary’s Hate Crime policy is also published on the force website.4

          1.2.6       The force has come on a ‘journey’ in relation to how we manage Race Hate
                      Crime in terms of understanding the specific fears and expectations of
                      victims and witnesses from a black minority ethnic (BME) background and
                      we have done a significant amount of work in raising confidence levels and
                      increasing reporting. Whilst this knowledge may not be directly transferable
                      we recognise that there is an opportunity to learn from this experience to
                      truly understand the needs of our disabled communities, build their
                      confidence in us, and recognise the gaps in our service in order to improve.
                      (This is further explained in paragraph 2.5.1)

          2           Please tell us what you think are effective approaches to
                      preventing and eliminating disability-related harassment
          2.1.1       Devon and Cornwall Constabulary recognises that some people are more
                      susceptible to being preyed on by others and may be unable to protect
                      themselves due to their disability, lack of understanding, isolation or fear.
                      People within the disability spectrum may be more vulnerable to
                      harassment than many others in society. We have worked with user led
                      organisations in order to aid our understanding of the issues faced by

          1
           http://www.devon-
          cornwall.police.uk/SupportAdvice/EqualityDiversity/Documents/IntegratedEqualityScheme.pdf
          2
              http://www.iedp.org.uk/News/Equality-impact-assessments---new-guidance-from-EH.aspx
          3
           http://www.devon-
          cornwall.police.uk/SupportAdvice/EqualityDiversity/Pages/EqualityImpactAssessments.aspx
          4
           http://www.devon-
          cornwall.police.uk/SupportAdvice/EqualityDiversity/Documents/EqualityImpactAssessmentHat
          eCrimePolicy.pdf (Public Website References)




Response to Equality and Human Rights Commission Call for Evidence                                    9
             disabled persons and assist us to develop our service delivery accordingly.
             In order to prevent and eliminate disability-related harassment effective
             processes need to be in place to identify vulnerability and risk to ensure
             that there is robust management of minor incidents at an early stage to
             prevent them from developing into something which will impact on quality
             of life and feelings of safety and well being. Positive action at an early
             stage will help to prevent later re-victimisation. It is essential that all our
             staff are trained and aware of the challenges facing our disabled
             communities so that their exercise of discretion, to achieve a quick
             resolution, does not obscure their overall understanding of the complexities
             of what they are dealing with. Our Staff need to be clearly directed by
             effective and comprehensive policies and working practices. The work to
             aid our understanding of these issues is outlined in Section 3.

             Some people may not realise a person is being targeted because of a
             disability or an association with a person who has a disability, or may not
             understand the term ‘hate crime’. Our work with these groups to aid their
             understanding and involve them in eliminating disability-related harassment
             is outlined in Section 4 of our response.

             The calendar year 2009, saw a 38% increase in non-crime vulnerable adult
             referrals, with 1259 alerts compared with 913 alerts in 2008. The
             percentage change between 2007 and 2008 was 44% with 636 incidents
             being recorded in 2007, meaning the total across the three years has been
             a 98% increase. Whilst the number of referrals is significantly fewer than
             that of child protection, the rate of increase has recently surpassed child
             protection records. Anecdotal evidence has revealed that partner agencies
             have also seen large increases in reports. The increase in reporting has
             been attributed largely to increased awareness of adult vulnerability issues
             for both agencies and members of the public, through high profile national
             cases and through awareness campaigns such as road shows, leaflet
             drops and posters in addition to awareness training for professional staff.

     2.2     Effective policies and working practices
     2.2.1   Devon and Cornwall Constabulary currently has 236 force policies in place,
             a significant proportion have a direct or indirect link to disability. Force
             policies are a set of requirements essential for a consistent approach to
             decision making and they support all the national codes of practice. They
             also contain a high level policy statement of intent which is in support of the
             Constabulary’s broad approach to a particular issue or area of activity.
             These policies specify the organisation’s standards and expectations, as
             well as containing procedures that set out a specific set of rules, steps or
             requirements to be followed. Emanating from force policy are working
             practices which contain detailed processes and guidelines.
             Force policies are open to view by all members of our workforce through
             the force intranet. Whilst there is an expectation that they are adhered to
             they are for guidance only with the overriding principle that staff do the
             ‘right’ thing rather than being constrained by bureaucracy.
             All force policies are subject to regular review (either annually or bi-




10                                                Response to Equality and Human Rights Commission Call for Evidence
                      annually) in conjunction with their associated working practices and
                      guidance to make sure they are up to date with national guidelines and
                      legislation. One of the tools used in this process is a Policy Impact
                      Assessment which also includes a full force Equality Impact Assessment
                      (EIA). The purpose of conducting this assessment is to ensure that the
                      activities of the force when delivering policy, strategy, function or working
                      practice does not have an unjustified and adverse impact on policing
                      minority groups and communities of Devon, Cornwall and the Isles of Scilly,
                      or on its staff, particularly those from minority groups. It also ensures that
                      any new or revised policy, together with its associated working practices,
                      complies with:
                                •   Equality and Human Rights Impact (through an initial screening
                                    as well as a full EIA)
                                •   Data Protection
                                •   Management of police Information
                                •   Health & Safety/ Environmental
                                •   Reducing bureaucracy
                                •   Freedom of Information

                      These regular EIA reviews ensure that Devon and Cornwall Constabulary
                      does not discriminate and, where possible, promotes Equality and Human
                      Rights. It is a way of making sure that individuals and teams think carefully
                      about the impact of their work on groups with Protected Characteristics.

                      To ensure compliance with the review process and to act as gatekeeper,
                      the Policy Admin Unit monitors and records the assessment and review
                      status of each policy. This ensures that senior managers and the
                      organisation are regularly updated on the current position of compliance
                      and any overarching strategic issues or processes can be flagged up at an
                      early stage.

                      As a learning organisation and in line with advice and recommendations
                      from the Equality and Diversity Department, the corporate templates in
                      respect of force policies and associated documents are being updated with
                      best practice suggestions to ensure force policies and all corporate
                      documents are accessible in appropriate formats to the public and our staff.

          2.3         Identifying vulnerability and managing risk
          2.3.1       In order to identify and address the factors that may increase vulnerability
                      and risk, Devon and Cornwall Constabulary is developing a Vulnerability
                      Matrix based on the Risk Assessment Matrix designed by the Ministry of
                      Justice. (See Appendix A – Vulnerability Matrix). The intention is for the
                      matrix to be considered by Neighbourhood team officers when they do a
                      follow up visit to someone who has called us in relation to Anti Social
                      Behaviour (ASB). The force receives an average of 120,000 calls per year
                      in relation to ASB. The expectation is that follow up visits are done in every
                      case within seventy-two hours of contact with us. The matrix is currently
                      undergoing calibration and testing as it operates on a scoring process. It is
                      not a referral form and is completed at the officers’ discretion, however
                      when a determined score is reached, there will be a ‘Non crime vulnerable




Response to Equality and Human Rights Commission Call for Evidence                                     11
     adult’ record completed which will generate a review by the force Public
     Protection Safeguarding teams and will require regular oversight by the
     relevant geographic Inspector until appropriate safeguarding processes are
     in place.

     To compliment the Vulnerability Matrix a series of questions have been
     developed for our call handlers in order to assist in identifying vulnerability.
     These questions should be considered when receiving any report of ASB.
     The force uses the following definition for vulnerable victims of ASB:
     “An individual who is or may be in need of professional support by reason
     of mental or other disability, age or illness; and who is or may be unable to
     take care of him or herself, or unable to protect him or herself against
     significant harm or exploitation”
     The questions are supported by the operating principle;
     Record WHAT, Ask WHY?
            •   Is this something that has happened before? Are things getting
                worse?
            •   Do you know why this is happening to you? Do you know who
                the people are?
            •   Are your neighbours experiencing similar problems?
            •   Tell me how this has affected you?
            •   Have you any family, friends or anyone else who can support
                you?
            •   Is there anything making this worse for you?

     The call handler is asked to say to the caller;
     ‘What you are describing to me is antisocial behaviour. This is a priority for
     us and will be taken seriously, with your report followed up by your/the local
     neighbourhood policing team’
     The force has also developed a Neighbourhood Harm Reduction Register
     which identifies which addresses have called for police assistance three or
     more times in a three month period. These addresses are then risk
     assessed by the local policing teams and those that have a risk attached
     will be made subject of a Problem Solving Plan (PSP). The addresses are
     ‘flagged’ so that subsequent calls to that address will generate access to
     the PSP and greater knowledge of the issues, so that attending officers are
     better briefed and understand the incident in a wider context. All addresses
     subject of a PSP are reviewed by the sector inspector on a fortnightly basis
     to ensure specific tasks are carried out and activity is appropriate and
     proportionate. In order to support this process a Risk Tendency Scoring
     Process is being developed so that assessments are standardised. A high
     risk score is not necessarily an indicator of heightened risk but a ‘sign post’
     to an address where there is a greater demand for police service and there
     may be vulnerability or more complex issues involved.

     A pilot is currently running in Devon to identify repeat telephone numbers




12                                        Response to Equality and Human Rights Commission Call for Evidence
                      used to call for police assistance. The aim of this pilot is to identify
                      vulnerable people who are repeat callers to enable multi agency problem
                      solving and support interventions appropriate to their needs.

          2.3.2       The Devon Multi Agency Safeguarding Hub (MASH) is a new and
                      innovative approach to bring together strategic partners to problem solve in
                      an integrated way. It is intended that recommendations of Lord Laming’s
                      report, the lessons learnt through Serious Case Reviews and the outcomes
                      of Local Safeguarding Audits, in relation to intelligence sharing and
                      decision making, are translated into robust and efficient safeguarding
                      activity. The strategic intention is to provide the highest level of knowledge
                      and analysis of all known intelligence and information across the
                      safeguarding partnership in Devon and Torbay to ensure all safeguarding
                      activity and intervention is timely, proportionate and necessary to identify
                      and prevent future harm. Whilst still in its infancy, the MASH is focusing on
                      safeguarding children, but will extend to safeguarding adults and people
                      with mental health issues.

                      The Serious Case Review into the death of Steven Hoskin, published in
                      December 2007, criticised the multi-agency working practices at the time of
                      his death, saying that: ‘Each (agency) held a piece or pieces of the jigsaw
                      puzzle without any sense of the picture they were creating, or indeed the
                      timeframe within which the puzzle had to be completed’. As a direct and
                      indirect result of the findings of the report a number of multi agency working
                      practices have been put in place to ensure the safety and wellbeing of
                      vulnerable adults in the force area, the MASH being one of these. (See
                      Appendix B – Steven Hoskin Case)

                      It is envisaged that the MASH will be replicated in Cornwall and Plymouth
                      Basic Command Units, dependent on the agreement of key partners. This
                      process of joint risk management is generating significant national interest.
                      Once embedded as partnership practice the MASH will underpin all
                      safeguarding activity. In June 2010 during the unannounced Ofsted
                      inspection of Children's Services Contact, Referral and Assessment
                      arrangements, the MASH was visited and highlighted as a strength in their
                      subsequent report. (See Appendix C – Ofsted Letter)

                      This is pioneering work to co-locate key safeguarding partners with
                      complete transparency and sharing of data. Decisions are now made
                      based on risk through the best possible intelligence picture. Through the
                      breaking down of traditional barriers and the building of trust and common
                      purpose with all agencies and the relevant voluntary sector organisations
                      future lives will be saved and neglect and harm will be identified at a much
                      earlier stage. The MASH finally allows the lessons learnt through Lord
                      Laming’s report and a plethora of serious cases to develop future practice
                      around Safeguarding children. It is already delivering tangible outcomes,
                      (See Appendix D – MASH) that are making a difference to the safety and
                      wellbeing of children in Devon. The opportunities to further develop this
                      work nationally and to extend the scope to safeguarding adults, presents
                      significant opportunities for the future.




Response to Equality and Human Rights Commission Call for Evidence                                     13
     2.3.3   A Prejudice Matrix which assists with identifying repeat victimisation has
             been developed in Cornwall Basic Command Unit. Project Amethyst is a
             data hub of shared partnership data. The Prejudice Matrix is input into
             Amethyst so that locations of incidents and crimes are shared with Crime &
             Disorder Partners. Attached is an extract from Amethyst for illustration
             purposes. (See Appendix E – Project Amethyst)

     2.3.4   Since February 2010 all victims of domestic abuse have been assessed
             against the Domestic Abuse Strategic Harm (DASH) risk assessment, the
             ACPO approved domestic abuse for risk management, which has twenty-
             seven ‘set’ questions and then an open question which is as follows:
             Other relevant information (from victim or officer) which may alter risk
             levels. Describe: (Consider for example victim’s vulnerability / disability /
             mental health / alcohol / substance misuse and/or the abuser(s) occupation
             / interests – does this give unique access to weapons i.e. ex-military /
             police / pest control).

             Since the implementation of DASH fifty-five people have been identified
             with a disability and on six occasions we have identified that there is a
             disabled child within the household. This has better informed the service
             offered to these victims. (See Appendix F - DASH)

     2.3.5   Devon and Cornwall Constabulary recognises that interviewing children
             with disabilities requires specialist skills and training in order to Achieve
             Best Evidence (ABE). The Constabulary has therefore invested additional
             training in specialist officers, who are skilled in achieving best evidence
             with witnesses and victims, to give them enhanced skills to interview
             children with disabilities. These officers are identified with the enhanced
             skill on the Force IT systems to ensure that an appropriately skilled officer
             is identified when needed.

             The National Police Improvement Agency (NPIA) does not run specific
             accredited courses for achieving best evidence for children or vulnerable
             adult interviews however Devon and Cornwall Constabulary follows the
             NPIA guidance and practice advice and uses material from investigative
             interviewing for serious and complex crime and serious and complex
             investigations.

             The Specially Trained Officers Development Programme (STODP) course
             involves extensive ABE interviewing, this course is nationally accredited by
             NPIA and has been subject of a ‘Kirkpatrick’ evaluation (Kirkpatrick
             evaluation being a standard evaluation model used by NPIA). The course
             specifically trains officers in skills to manage vulnerable victims of sexual
             assault and rape. The course includes modules dealing with the risk
             assessment of the victim and their specific needs including the
             identification of disabilities. This assessment can then inform the
             investigation including policy on the location and necessary specialist
             services, i.e. intermediaries to deliver a forensic medical, undertake a video
             interview, appropriate support pathways to ensure the victims’ needs are
             fully met to support them through the Criminal Justice Process.




14                                               Response to Equality and Human Rights Commission Call for Evidence
                       Force policy and working practices (including force documentation used by
                       sexual offence liaison officers, force medical advisors and sexual offence
                       referral centre staff) indicates that ongoing victim assessments
                       (highlighting specifically physical or mental disability) are undertaken to
                       facilitate the appropriate special measures necessary to achieve best
                       evidence and to support the victim to give evidence within court
                       proceedings and then signpost to ongoing long term care if required
                       through referral to partner agencies both statutory and third Sector.

                       Audit of the general response to sexual offences also highlighted the need
                       to raise awareness of all front line staff to ensure that appropriate support
                       was given to victims at the first point of contact, bespoke training is
                       provided through an e-learning.

                       Through the force rape co-ordinator we have advised and quality assured
                       the development and design of all the forensic medical suites and interview
                       facilities to ensure that they are fully Disability Discrimination Act (DDA)
                       compliant. The rape co-ordinator has also delivered training to all sexual
                       assault referral centre (SARC) staff in respect of assessment to meet the
                       needs and of their responsibilities under DDA. This is reflected in the
                       working practices of the SARC.

          2.4          Supporting those with mental illness
          2.4.1        Funding was obtained from the Department of Health in 2006 for Place of
                       Safety provisions aligned to hospitals within Devon and Cornwall. The
                       funding was for six units across the two counties and covered build but not
                       staffing costs. By 2008 the Health Authorities still had no Places of Safety
                       established.

                       Robust discussions took place between the Constabulary and the Health
                       Authorities who were advised that by April 2009 police cells would not be
                       used as the primary Place of Safety and alternative provisions would need
                       to be in place for people detained under the Mental Health Act 1983.

                       In 2008 the Independent Police Complaints Commission issued a report on
                       the use of police station for detention under Section 136 Mental Health
                       Act.5

                       The force worked with the respective Health Care Trusts and encouraged
                       them to deliver the required services. For the protocol and procedures to
                       be in place within the specified time, the police agreed, for an initial period,
                       to take those detained under the influence of drink and drugs into police
                       custody. This remains a difficult area with no progress from the Health
                       Authorities regarding an extended provision. Detainees presented to the
                       Places of Safety are being turned away and taken to police custody centres
                       if there is any trace of a consumption of alcohol or drugs. Five Places of
                       Safety were established from August 2009, the provision being for adults
                       only.

          5
              
http://www.ipcc.gov.uk/section_136.pdf





Response to Equality and Human Rights Commission Call for Evidence                                        15
             However something to celebrate is that within the first six months of
             operation nearly four hundred detainees who would have gone to police
             custody went to a Place of Safety, giving them more adequate and
             appropriate care for their needs. Within this process two thirds were either
             Sectioned, informally admitted or more importantly given a follow-up
             appointment with health care professionals.

             A review has taken place of all individuals that have been detained over the
             last three months within both custody and the Place of Safety. 95% of
             those reviewed had a drink or drug related problem or had been
             threatening suicide and self-harm. A third of these went on to being
             Sectioned, informally admitted or given follow-up appointments.

             It is encouraging to see that a pattern is emerging of a reduction in the
             numbers of repeat detentions and within an effective multi-agency case
             review process we are able to discuss individual cases to help develop the
             care pathway for that individual.

             Devon and Cornwall Constabulary remains concerned that far too many
             people with a mental illness, detained for their own or the community’s
             safety, are detained in police cells. There is still currently no provision of a
             Place of Safety for young people. Forty five young people were detained in
             force under Section 136 since the implementation of the Places of Safety
             and there is no place for them to be taken other than a police station.
             Whilst we understand the challenges for the Health Authorities in extending
             their services in the current financial climate, we will continue to work with
             them to encourage them to provide a more comprehensive service to those
             with mental ill health.

     2.4.2   One group of people particularly at risk from disability-related harassment
             are those who absent themselves from sectioned mental health care.
             Having been admitted due to their fragile mental health these people may
             be less able to predict danger and can draw the attention of those who
             would exploit or mistreat them.

             The force has been working with our health care trust partners to reduce
             the number of missing episodes from mental health care units in order to
             safeguard these people from harm and reduce the opportunity to abuse or
             offend against them.

             The police and health care professionals now share common language
             around ‘risk’ through the shared use of the National Police Improvement
             Agency (NPIA) definitions and joint ongoing risk assessment reviews
             during enquiries to locate persons missing from sectioned mental health
             care.

             Vulnerabilities and complex needs are now better understood and the
             approach to locating and protecting those individuals from harm is
             professional, expeditious and gives the best chance to return them to a
             safe environment at the earliest opportunity. Data between the police and
             health authorities is shared in order to identify patterns of ‘missing’ in




16                                               Response to Equality and Human Rights Commission Call for Evidence
                      individual cases in order to enable partnership problem solving and identify
                      opportunities to put interventions in place to avoid future missing episodes.

                      Devon and Cornwall Constabulary believes that we are one of the most
                      advanced forces nationally in managing this aspect of risk linked to
                      disability. However this work is still in pilot phase and not established
                      sufficiently to market to other forces. An evaluation will be conducted at the
                      conclusion of the pilot in early October 2010.

          2.5         Understanding our statistics
          2.5.1       In 2009/10 (April to March) sixteen disability-related crimes and fourteen
                      disability-related incidents were reported to the force. (See Appendix G –
                      Monitored Hate Crime Definition) In the first four months of this year seven
                      disability-related crimes and eleven disability-related incidents have been
                      reported to date, representing a marked increase in reporting levels. This
                      still represents substantial under reporting of crimes and incidents to the
                      police.

                      In July 2009, In order to understand some of the issues the force
                      commissioned a review of the responses to surveys from disabled service
                      users. All survey respondents are asked if they consider themselves to be
                      disabled.

                      The force survey respondents are selected at random from an initial
                      sample base of victims of anti-social behaviour (ASB), burglary, racist
                      incidents, road traffic collisions, vehicle and violent crime.

                      861 respondents were disabled (13% of all people surveyed). Out of the
                      861 disabled people, 308 (14% of all people surveyed) were involved in a
                      road traffic collision (RTC) or were victims of crime. Another 490 (24% of all
                      people surveyed) were people reporting anti-social behaviour.

                      This may indicate a higher level of ASB experience amongst disabled
                      people in the force area and work is underway to understand this in more
                      detail.

                      Building on the success of the removal of the gap in satisfaction between
                      white and black and minority ethnic (BME) victims of crime through a
                      targeted action plan. The force now needs to work towards reducing this
                      gap between people with and without a disability. Many of the key issues
                      for disabled people mirror those of BME victims of crime, namely:

                                •   Repeat victimisation
                                •   Reassurance
                                •   Neighbourhood engagement
                                •   Communication skills
                                •   Keeping people informed
                                •   Taking account of the individual’s personal circumstances
                                •   Giving practical help and advice

                      A review is currently underway of the crimes and incidents linked to people




Response to Equality and Human Rights Commission Call for Evidence                                     17
              who disclose a disability in order to determine at what point, if at all, the
              force was aware of the disability and what considerations were then
              apparent in the subsequent response of investigation. Ninety-four cases
              have been reviewed where the respondent declared that they had a
              disability. Of those cases only two involved repeat callers.

              This review is still ongoing and has identified areas for further work:

                     •   20% were identified as disabled/vulnerable at the initial call stage
                         (mostly self declared)
                     •   11% were identified following further enquiries or local
                         knowledge by attending officers or Neighbourhood Policing
                         Teams
                     •   69% were not identified via initial contact or resulting enquiries
                     •   36% were repeat callers
                     •   3% of calls were directly related to their disability i.e. Hate Crime

     2.6      Effective community engagement
     2.6.1    Partners and Communities Together (PACT) is the process whereby our
              Neighbourhood Policing (NHP) Teams and partners work together with the
              community to establish the top three priorities of each neighbourhood
              through a mixture of surgeries, meetings, door-to-door enquiries and
              questionnaires. Progress in tackling each concern is tracked and shared
              with the local community.6 Whilst geographically based we also recognise
              the value of PACT activity with virtual communities with shared interests
              and issues such as those living with a disability.

              Devon and Cornwall Constabulary holds a Force Day of Action twice each
              year where the force mobilises all its resources in a focused effort to
              support operational policing. During the Force Day of Action on the 13th
              May 2008, the Equality and Diversity Teams focused on learning
              disabilities, doing PACT work with our disabled communities.

              The force also holds diverse communities’ events to break down ‘barriers’,
              build relationships and encourage reporting. We are unable to say whether
              any increase in reporting is directly linked to this activity. However it is seen
              as a valuable method of engaging with some of our harder to reach people
              within our disabled community. When disabled people were asked what the
              biggest crime or anti social behaviour problem in their local area was, most
              mentioned noisy neighbours, teenagers hanging round and deliberate
              damage to property or vehicles.

     2.7      Tackling anti-social behaviour
     2.7.1    In Devon, Cornwall and Isles of Scilly, all nine unitary/district Community
              Safety Partnerships (CSPs) have signed up to a set of minimum standards
              in the form of an anti social behaviour (ASB) pledge. Though not specific to
              people with disabilities this ASB pledge outlines the minimum level of

     6
      http://neighbourhoodpolicing.devon-cornwall.police.uk/PACT/Pages/default.aspx (Public
     Website Reference)




18                                                 Response to Equality and Human Rights Commission Call for Evidence
                      service an individual who reports ASB to the CSP can expect. Devon and
                      Cornwall Constabulary acted as the facilitator and encouraged the
                      minimum anti social behaviour standards to be adopted by Community
                      Safety Partnerships across the two counties. The Constabulary is now
                      working with the CSPs and representative groups through specific briefings
                      to raise awareness and understanding of the standards. Mencap and Mind
                      have worked with the South West region in promoting this. (See Appendix
                      H – Community Safety Partnership)

                      For a number of years the force has focused activity on turning anti-social
                      behaviour into pro-social behaviour. (See Appendix I – ASB Policy) An
                      example of rewarding pro-social behaviour in youth is a police run scheme
                      in South Devon called ‘Reward’ (See Appendix J – REWARD Poster).
                      Local businesses provide sponsorship through cinema tickets, music
                      vouchers and admissions to local attractions, which are given as rewards
                      to young people who are identified through a nomination process as doing
                      good work for the community.

          2.8         Working with partners
          2.8.1       We recognise that we have no specialist knowledge of disabilities and our
                      experience in working with disabled people is limited. We therefore place
                      significant value in working with disabled groups and our Independent
                      Advisory Group in order to deliver a better informed service. (More detail
                      on our work with the IAG is outlined in Section 4)

          2.8.2       Devon and Cornwall Constabulary has identified that there can be gaps in
                      our service provision to vulnerable victims. The Local Criminal Justice
                      Board (LCJB) scrutiny panel was introduced to resolve some of the gaps
                      by utilising a network of Local Diversity Groups (across all six strands).
                      They identify cases which, in their view, the Criminal Justice System (CJS)
                      has in some aspect not provided a fully suitable service for a member(s) of
                      our communities, in response to their specific needs. The cases are
                      reviewed on an ‘end to end’ basis from the point of complaint to sentencing
                      and sometimes beyond. Following the review, recommendations are
                      agreed and the CJS agencies take back any relevant actions to rectify
                      service delivery and enhance organisational or individual learning. The
                      main focus on the LCJB Panel to date has been on race. Further scrutiny is
                      conducted through a multi agency domestic abuse Hate Crime Panel.

                      The two Panels are in the process of merging, with an increased remit to
                      consider cases across all strands of Hate Crime. Albeit aspirational at this
                      stage, the vision is for Disability Forums to identify, refer and be involved in
                      the review of any cases they raise.

          2.9         Offering a deterrent through bringing offenders to justice
          2.9.1       It is recognised that vulnerable people including those with a disability, may
                      repeatedly call for help from the police but do not wish a case to proceed
                      through the criminal justice system. In certain circumstances, where a
                      victim is subject of repeat victimisation or high risk, a prosecution will be
                      considered without their support in the interest of their safety. The force is




Response to Equality and Human Rights Commission Call for Evidence                                       19
              in consultation with the Head of Crown Prosecution Service (CPS) to
              develop a process whereby they can identify and monitor progress of
              ‘victimless’ disability cases in line with already existing policies covering
              Domestic Violence and Abuse.

              Investigators are well versed in identifying the type of evidential tactic to
              gain the best evidence through interview of offenders or witnesses, i.e.
              Achieving Best Evidence (ABE), Child Abuse Multi-Agency Training
              (CAMAT) or Witness Testimony. However there is no current enhanced
              training or joined up approach with partner agencies to identify or present
              evidence to prove that a disability was part of the motive of an offender.
              This is a recently identified gap in the service we provide to vulnerable
              victims and we are working with our staff and partner agencies to improve
              the standard of evidence gathering that needs to take place in order to
              demonstrate a hostility/aggravation motive linked to disability.

              Although this piece of work is still in its infancy. The force recognises that
              by raising the awareness of police officers and staff regarding the part they
              can play in securing the opportunity for enhanced sentencing. It is hoped
              that vulnerable victims, including those with a disability, will have an
              increased sense of justice through the ‘brought to justice’ outcome.

              In line with Home Office initiative linked to ‘Justice Seen, Justice Done’,
              Devon and Cornwall Constabulary website has a ‘Court and Convicted’
              page, all court cases (other than sex offence cases) which result in a
              custodial sentence are reported on with the offenders photograph and
              narrative of the offence. This process started in November 2009 and
              although so far there have been no cases which relate to disability, the
              intention is that this process will act as a deterrent for potential future
              offenders.

     2.9.2    All officers taking statements from witnesses or victims identify any Special
              Measures required on the rear of the statement. When a case reaches its
              first hearing the Witness Care Unit contacts each witness and conducts an
              individual risk assessment to identify any needs based upon disability or
              vulnerability. The Witness Care Unit highlights those needs to the Crown
              Prosecution Service (CPS) at the earliest possible opportunity.

     2.10     Addressing attitudes through drama
     2.10.1   Magic Carpet is a registered Charity (Charity No: 1122778) and has over
              twenty-five years experience of working with disabled and disadvantaged
              people creatively within the local community. It works with adults and
              children with learning disabilities, people with mental health issues, carers
              and people disadvantaged by social circumstances. (See Appendix K –
              Magic Carpet Letter)

              Devon and Cornwall Constabulary is currently working with Magic Carpet
              on its ‘Say No To Bullying’ project after it was recognised that that there
              was a significant problem with the learning disabled being the target of
              bullying, especially by school children. The initial two year project is
              designed to educate young people, between the ages of eleven and



20                                                 Response to Equality and Human Rights Commission Call for Evidence
                      seventeen years, about the effects of bullying. Working with learning
                      disabled performers, the project not only focuses on educating all school
                      pupils, but enables the performers themselves to build the skills,
                      confidence and belief to speak out and be heard about the bullying and
                      abuse they experience.

          3           Please tell us what you know about addressing the causes of
                      disability-related harassment including prejudice and negative
                      attitudes
          3.1         Devon and Cornwall Constabulary recognises that engaging with a variety
                      of groups in the community is important for relationship and confidence
                      building. The value of the work is difficult to quantify in terms of outcomes
                      and identifying which approaches are most effective in understanding and
                      addressing the causes of disability-related harassment. Work within our
                      schools is seen as vital in raising awareness and challenging prejudice and
                      negative attitudes to disability within this age group.

                      The force also acknowledges that our own staff can at times lack
                      sensitivity, understanding and awareness. This is illustrated by the way that
                      we respond with immediate solutions rather than showing a depth of
                      understanding of the broader issues. A recent example of this is, the
                      actions of officers attending an incident relating to an obstacle placed in the
                      path of a visually impaired person with the intention of causing them injury.
                      The obstacle was simply removed without demonstrating a wider
                      understanding of the profound impact the obstacle may have on their
                      confidence, feelings of safety, fear of being victimised and isolation in
                      changing their route or even no longer feeling safe to venture out, this has
                      been actioned as a training need.

                      There is a force complaints process for members of the public to raise their
                      dissatisfaction with the way that they have been dealt with. However, if they
                      do not wish to complain formally, issues may go undetected unless picked
                      up by the line manager.

                      The Equality and Diversity Team members monitor ongoing incidents and
                      will challenge any outcome if they feel that the matter has been dealt with
                      inappropriately. Incidents picked up in this way are either dealt with by line
                      manger intervention, awareness training and service recovery or wider
                      communication to ensure the whole organisation benefits from the learning
                      in the case.

                      The force aims to address lack of awareness, prejudice and negative
                      attitudes of our own staff through a comprehensive training programme
                      based on evidence submitted to National Occupational Standards.

          3.2         Research to aid our understanding
          3.2.1       Living Options Devon is a user led organisation based in Exeter (registered
                      Charity No: 1102489) whose primary purpose is to ensure people with
                      physical and/or sensory disabilities and deaf people using sign language
                      can make an active and equal contribution in society.




Response to Equality and Human Rights Commission Call for Evidence                                      21
              Eighteen months ago Devon and Cornwall Constabulary identified that
              there was a significant under reporting issue with disability-related crimes
              and incidents. This led to the force commissioning Living Options Devon to
              carry out research to develop a better understanding of the issues which
              affect local deaf and disabled victims of crime and their carers. The
              research examined the barriers to reporting crime and highlighted areas of
              police service provision that could be improved. These were mainly linked
              to training and improved access.

              The report was published in July 2010 and the recommendations will form
              part of an action plan for improved service delivery. The commissioning of
              the report was a good example of how working in partnership with a user
              led organisation, like Living Options, the force can better understand the
              issues facing disabled people and the need to redesign our service to
              improve accessibility, approachability and improve their experience.7

              Devon and Cornwall Constabulary has worked with ‘Living Options Devon’
              since 2005 to raise awareness of Hate Crime Reporting and as a user led
              organisation they provide the force with access to a network of disabled
              people to help us understand their issues. After three years of a £15,000
              PA service level agreement, we changed our funding arrangements and
              have worked very closely with Living Options by funding a number of
              projects e.g the marketing of our 999 text capability to deaf communities
              (See paragraph 5.2) and the commissioning of the report explained above.

     3.3      Work to promote positive attitudes in our staff
     3.3.1    Over the last eight years the force has been providing training to our staff
              specifically on issues of disability and has made use of the Disability
              Independent Advisory Group (DIAG) in order to deliver effective training.
              In 2008, the force reviewed the way in which training was delivered and
              moved away from a set of courses intended for the whole workforce, which
              were poorly attended, to the current three year project to assess every
              member of our staff to the National Occupational Standards.

              The Devon and Cornwall Constabulary Equality & Diversity Training Unit
              delivered a comprehensive Disability Discrimination Act (DDA) training
              programme between January 2006 and August 2008 which was supported
              by a core community engagement element, pre-read materials and also
              post course support. Community advice was taken into consideration at the
              design, implementation and evaluation stages of the programme via the
              Training Independent Advisory Group. The core community engagement
              element of the training comprised of a combination of community
              representatives who defined themselves as disabled and were keen to
              share their experiences with the students. The DDA course was
              customised to meet the needs of specialist departments such as Roads

     7
       http://www.devon-
     cornwall.police.uk/SupportAdvice/EqualityDiversity/Documents/DevonDisabilityPolicingProjec
     t.pdf (Public Website Reference)




22                                                 Response to Equality and Human Rights Commission Call for Evidence
                      Policing Units, and the lesson plan was modified accordingly to reflect the
                      area of specialism.

                      Students ‘experienced’ living with a disability through discussion with
                      volunteer contributors and by spending time participating in a day’s
                      activities in a wheelchair to understand the challenges of wheelchair
                      access. They also ‘experienced’ visual impairment and the associated
                      feelings of disorientation. Students were taken through a thorough de-brief,
                      to achieve a profound knowledge and understanding of disability through
                      their experiences. The successful DDA training programme contributed
                      effectively to raising awareness of the responsibilities of officers and staff
                      around DDA and, more recently, the Equality Act.

                      Areas covered by the programme included: Disability models (medical,
                      social etc), DDA legislation for employers/employees, vulnerable adults
                      (definitions, policing initiatives towards protecting vulnerable adults etc),
                      improvements to service delivery and making ‘reasonable’ adjustments.

                      The training was designed and delivered to National Occupational
                      Standards (NOS). Community engagement was a key feature of all stages
                      of training from design to implementation.

                      All police supervisors within Devon and Cornwall Constabulary are required
                      to submit evidence in relation to attitudes, values, beliefs and behaviours
                      related to working with diverse communities in order to promote equality
                      and value diversity both internally and externally to the organisation. This
                      process requires revalidation on an annual basis. Any training needs
                      identified by this process are met on an individual basis. This can include
                      training placements, deployments to gain specific experience, course
                      attendance for tailored training inputs. Our Equality & Diversity Training
                      Unit also provides targeted inputs on selected topics, to complement the
                      NOS process.

                      Devon and Cornwall Constabulary Initial Police Learning Development
                      Programme (IPLDP) trainee officers have a community placement as part
                      of their initial training. The emphasis is on developing the student officer’s
                      attitudes, policing in a non-judgemental and non-discriminatory manner.
                      There are over two hundred different groups across the two counties which
                      we engage with to provide this opportunity. These groups include
                      organisations run by disabled people and for disabled people. To date, we
                      have had over three hundred student police officers on placements across
                      Devon and Cornwall and the scheme is already showing huge benefits in
                      the development of our officers as well as enhancing and strengthening
                      partnership across the communities within Devon and Cornwall. The
                      exposure of our staff at an early point in their careers to a variety of people
                      with differing needs is welcomed by our Independent Advisory Group (IAG)
                      as good practice.

                      The Call Management and Communication Unit (CMCU) utilises an input
                      from a deaf trainer on the diversity of the communication challenges with
                      disabled people, the equipment used and how to optimise a communication




Response to Equality and Human Rights Commission Call for Evidence                                      23
             exchange. They also received training from ‘Talkcoach’ in March / April
             2010 covering a range of communication styles which present challenges
             related to gender, age, culture and disability. Communication difficulties,
             such as poorly developed social interaction skills, limited language skills
             and poor intelligibility, were also covered.

     4       Please tell us your experience about involving disabled people
             in the prevention and elimination of disability-related
             harassment, addressing its causes and improving responses
             where it does occur
     4.1     Devon and Cornwall Constabulary is proud to have an active Independent
             Advisory Group who serve as critical friends to the organisation and
             feedback on strategic issues linked to diversity as well specific issues
             relating to the service we deliver. The force has had an Independent
             Advisory Group (IAG) specifically for disability since 2003 with members
             who belong to communities of Devon and Cornwall. The IAG arrangements
             were reviewed and enlarged in 2009 and there are now six strand IAGs of
             which the disability group is one. These feed into a Strategic IAG meeting
             each quarter in which IAG members meet the Chief Officer Group and offer
             advice on a range of strategic issues. The disability strand has twelve
             members representing a diverse range of disabilities with a dedicated Chief
             Officer and member of the Police Authority.

             The force Equality Monitoring report (See Appendix L – Equality Monitoring
             Report) has been developed to the specific requirements of the IAG
             members. The performance is presented for each Basic Command Unit
             and covers hate crime and incidents including types of disability involved,
             comparative figures are shown month on month and year on year
             highlighting trends, patterns and detections.

     4.2     Community engagement and ‘Blue Light’ days
     4.2.1   Our Diverse Community Teams (DCTs) carry out annual “Blue Light Days”
             (See Appendix M – Connecting Newsletter) which are day-long events
             tailored to meet the needs of people with learning disabilities. These days
             are designed to integrate the emergency services with the learning
             disabled who tend to be nervous when in the company of people in
             uniform. Not only do these events help to break down these barriers but
             they also provide education on personal safety. The ‘Blue Light Day” is
             held during the Learning Disabled Week in June. It was first held in 2008
             when it was just the police, Cornwall People First and other disability
             groups from the community. Due to the success of this first event, 2009
             saw representatives from Westcountry Ambulance service trust and
             Cornwall County Fire Brigade. 2010 was even bigger with Cornwall Rescue
             Service also being involved. It has featured in a number of reviews in
             Community Contact Magazines accessible through Cornwall County
             Council’s web pages with general feedback from the community being that
             it is very beneficial for people with learning disabilities who enjoy the event
             so much that they always want to know when the next one is.
     4.3     Safe place scheme




24                                               Response to Equality and Human Rights Commission Call for Evidence
          4.3.1       The Safe Place Scheme was initiated by the South Devon and Dartmoor
                      Community Safety Partnership which is a merged partnership consisting of
                      statutory and voluntary agencies from South Hams, Teignbridge and West
                      Devon, including Devon and Cornwall Constabulary and Devon and
                      Cornwall Police Authority representation. The Steering Group has
                      developed ten different booklets designed to help people with learning
                      disabilities understand more about several subjects, including contact with
                      the police and keeping safe.

                      The scheme aims to stop bullying and abuse of adults with learning
                      disabilities across Devon, Cornwall and the Isles of Scilly. Participating
                      businesses display a card in their window to indicate that they will provide a
                      temporary ‘safe haven’ for people if they have a problem and need help.
                      People with learning disabilities are provided with a Safe Place card
                      containing their personal details so that managers or members of staff in
                      shops who are registered with the scheme know who to contact if the
                      emergency services are not required. The scheme was rolled-out across
                      the South Hams/West Devon area in 2005 and has been adopted
                      nationally, so if an individual was away in another part of the Country, they
                      could still look out for the recognisable logo.

                      Members of the learning disabled community were instrumental in
                      marketing the Safer Places Scheme to frontline officers and call handling
                      staff by role play. They also introduced the principles of the scheme to
                      Community Safety Partners and guests through a theatre production at a
                      community safety forum event.

          5           Please tell us what works in enabling disabled people to
                      effectively report disability-related harassment
          5.1         Devon and Cornwall Constabulary recognised that there was an under
                      reporting issue of disability-related incidents, which then led in May 2008 to
                      the commissioned report written by Living Options (see paragraph 3.2.1)
                      We have supported and set up groups and schemes so that a wider group
                      of people are aware of how to report a crime or incident to the police. It is
                      possible to report some crimes either by phone, text, email or at police
                      stations, with facilities such as hearing induction loops for people with
                      disabilities.

                      Whilst reporting levels are still disproportionately low, the data from 2010 to
                      date indicates an increase in reporting. Whilst it is too early to say whether
                      this is an emerging pattern it may be indicative of a greater sense of
                      confidence and improved access to our services. (See paragraph 2.5.1)

          5.2         Third party and self-reporting mechanisms
          5.2.1       To support people who are visually impaired or dyslexic there are different
                      functions available on the force website to make it easier to navigate. The
                      site meets the World Wide Web consortium’s level A guidelines for
                      accessibility. The Home page gives advice on the Text 80999 service for
                      deaf, hard of hearing and the speech impaired users and the Minicom
                      01392 452935 telephone number. Should a user experience difficulties in




Response to Equality and Human Rights Commission Call for Evidence                                      25
                 using the site, there is support from the force website team with contact
                 details easily accessible on the site.

                 To ease reporting for all groups, it is possible to report a non-urgent crime
                 on-line or send an enquiry to advise us of a non-urgent incident via email.
                 Our public enquiry offices at our police stations are fitted with induction
                 loops to assist with communication and British Sign Language training has
                 been given to some of our station enquiry officers.

                 On the Devon and Cornwall Constabulary website it is possible to report
                 crimes such as theft, criminal damage or vandalism, theft from a motor
                 vehicle, hate crime and hate incidents (crimes motivated or aggravated by
                 race, gender, religion, sexual orientation, ethnicity or disability).

                 Although third party reporting is available on-line, it is recognised that it
                 does not allow for the victim’s anonymous reporting. A good example of
                 anonymous third party reporting is the Safer North Devon Community
                 Safety Partnership initiative, who have produced a leaflet outlining the
                 definition of a hate crime, who can be a victim, what hate incidents can
                 include and why it is important to report hate incidents. The leaflet includes
                 a reporting form which can be sent to Devon County Council’s hate crime
                 prevention co-ordinator.

                 This leaflet has been distributed across North Devon and Torridge. Safer
                 North Devon also offer free training to representatives of statutory,
                 voluntary and community organisations and also residents from North
                 Devon and Torridge areas. The training is designed to raise awareness of
                 hate incidents, the law and role of the Criminal Justice Agencies, victims’
                 rights and the process for reporting, including third party reporting.8

     5.3         Local events linked to awareness and increased reporting
     5.3.1       Over the last two years the force Youth Issues team has worked with the
                 Exeter Royal Academy for Deaf Education. Linked to this work students of
                 the Academy volunteered to provide signing, to support the text on the
                 youth websites yrspace9 and jnrspace10 in order to allow better access for
                 deaf or hard of hearing young people.

     5.4         Specific initiatives to increase reporting
     5.4.1       Call handlers and supervisors within the Devon and Cornwall Constabulary
                 control rooms have undergone training in Value Based Decision Making.
                 By adding clarity around the meaning of vulnerability and ‘upset’, call
                 handlers are entrusted to make the right decision by applying their
                 professional judgement considering risk and vulnerability for incidents that
                 fall outside force policy. Other than circumstances when an immediate
                 response is required, due to the emotional or mental distress of the caller,

     8
         http://www.safernorthdevon.co.uk/ (Public Website Reference)
     9
         http://www.yrspace.info/
     10
          http://www.jnrspace.info/ (Public Website References )




26                                                      Response to Equality and Human Rights Commission Call for Evidence
                      a priority response will be applied to the call rather than being dealt with as
                      a routine enquiry.

                      Immediate response = Immediate police attendance required – within 15
                      minutes urban/20 minutes rural.
                      Prompt (Priority) = Attendance required within 60 minutes.

                      The force worked with Hampshire Constabulary to develop an accessible
                      emergency texting service for the deaf/hard of hearing/speech Impaired
                      communities. A suitable emergency text number – 80999 was established
                      and marketed through inputs and selective placement of materials. For
                      example through deaf schools/clubs, Facebook, Living Options Devon
                      contact and force promotional material.

          6           Please tell us what you know of the diverse experiences and
                      needs of disabled people experiencing harassment related to
                      their impairment type, age, gender, gender identity, race or
                      ethnicity, religion or belief and sexual orientation
          6.1         Devon and Cornwall Constabulary recognises that our accessibility for and
                      processes to support people with complex needs across the range of
                      Protected Characteristics needs to improve. Some groups of people within
                      the disability spectrum are more vulnerable to crimes and can be easily
                      influenced into committing crimes, either due to lack of understanding or
                      fear. We understand that we need to take into account the diverse needs
                      and experiences of these groups to enable the force to support them fully.

                      The Disability Rights Commission’s Attitudes and Awareness Survey
                      (2003) revealed that 22% of disabled respondents had experienced
                      harassment in public because of their impairment. This indicates that
                      people with disabilities have some very solid grounds for worrying about
                      becoming a victim of crime, because disability appears to invoke a hostile
                      response. This was found to be the case for people with a mental disability.
                      People with physical disabilities, particularly older people, may be more
                      fearful of crime because of a perception that they are easy targets. It is
                      recognised that a significant impact on disabled people’s sense of security
                      and well being ranges from harassment and negative stereotyping,
                      shunning or rejection through to violence and impacts on their feelings of
                      being unsafe or unwelcome.

                      Consultation carried out by the force and other public authorities in Devon
                      during November 2006 found that people with disabilities were likely to
                      experience difficulty in accessing local services in an emergency and that
                      people were poorly informed by the police about what they are doing. The
                      main problems with accessing local services were:

                                 • Knowing who to contact
                                 • The attitudes and understanding of staff
                                 • Accessibility of local services
                                 • Communication
                      Linked to the work of the Constabulary to improve the satisfaction of




Response to Equality and Human Rights Commission Call for Evidence                                      27
             service users and the overall confidence of our communities, there has
             been a strong focus on keeping all victims better informed, linked in with
             the victim and witness charters. Victims are asked their preferred means of
             contact and are given a ‘You matter, We care’ leaflet which is completed
             with the officer or staff members name and contact details. Follow up visits
             for Anti Social Behaviour victims are done as a matter of course by our
             Neighbourhood teams. (See Appendix N – You matter, We care) These
             findings will be linked into the action plan based on the recommendations
             from the commissioned work from Living Options (See paragraph 3.2.1).

             Through our consultation work with victims we are aware that compared to
             people without a disability, people who have a disability have a greater fear
             of crime, are more likely to be a repeat victim of crime, more likely to think
             that crime has increased and less likely to think that the police are tackling
             the anti social behaviour and crime that matters in their area. Those who
             have been the victim of or reported crime and, to a lesser extent, anti-social
             behaviour are more likely to be dissatisfied with every aspect of the service
             provided to them by the police in relation to the incident and less likely to
             feel reassured by the action taken by the police.

             In order to ensure that each victim receives a service according to their
             needs, officers are expected to work to a specific care plan and
             investigation plan which addresses the fears and concerns of the people
             involved in the case as well as the needs of the investigation.

     6.2     Meeting the needs of disabled people as service users
     6.2.1   The James Watts case (See Appendix O – James Watts Case and
             paragraph 7.1.1) shows that the perpetrator particularly targeted victims
             who were severely disabled, as they were unable to communicate or tell
             anyone about the way he was offending against them, he also specifically
             chose women for sexual gratification. The force recognised that these
             victims were not only targeted because they were disabled but because
             they are female, meaning that they were more vulnerable to his attacks.
             Devon and Cornwall Constabulary was praised by the Lord Chief Justice of
             England and Wales, for the way we handled the case, as no case had
             been brought to the Court’s attention which involved such severely
             disabled people and also resulted in a conviction.

             The force also aims to meet the needs of other service users. The force
             youth issues trainers deliver presentations to student police officers, police
             community support officers (PCSOs) and youth intervention officers (YIOs),
             which explore why some young people commit crime. There is a
             misconception that youths with learning difficulties such as Attention-Deficit
             Hyperactivity Disorder (ADHD), Aspergers and Autism are more likely to
             commit crime, these training programmes challenge the pre-conceptions of
             a young offender.

             Youths with learning difficulties can be more susceptible to being bullied or
             influenced into committing a crime, Devon and Cornwall Constabulary
             works closely with youths with learning disabilities to challenge and
             eliminate bullying in schools and other youth groups. Because of the




28                                               Response to Equality and Human Rights Commission Call for Evidence
                      reluctance of schools to report bullying due to concerns regarding Special
                      Measures, it is difficult to qualify whether this work is achieving a reduction
                      in bullying but it does ensure that victims and potential victims are aware of
                      the support available.

          6.3         Meeting the needs of disabled people as perpetrators
          6.3.1       Devon and Cornwall Constabulary recognises that some people of the
                      learning disabled community can also be perpetrators. We aim to meet
                      their needs and recognise that they may also be victims due to their
                      susceptibility, vulnerability or disability.

                      The force’s Criminal Justice Unit (CJU) has produced a colourful pictorial
                      pamphlet for persons with severe learning needs (eg: Down’s Syndrome
                      for use in the force custody centres). All custody centres are in the process
                      of undergoing a Disability Discrimination Act audit for compliance. (See
                      Appendix P – Custody Pamphlet)

                      The force does not have vehicles within its fleet to accommodate the
                      diverse needs of persons with a disability however this has not presented a
                      difficulty up until now due to the low level of arrests for those with profound
                      disabilities. Other means may be employed such as asking the person to
                      attend a police station for interview at a pre-arranged future date, or
                      seeking support from the ambulance service to cover specialist transport
                      needs.

                      Persons in custody who appear to have specialist needs are assessed by
                      the custody nurse and, if assessed as vulnerable, arrangements are made
                      for them to be supported by an appropriate adult. This may be a suitable
                      friend, carer, social worker or a third sector representative. The provision of
                      appropriate adults within Devon and Cornwall is currently under review to
                      see whether or not collaboration could take place to provide a more
                      efficient service.
                      If the person has been brought to the station under arrest for a substantive
                      criminal offence, and there is concern regarding their mental health, an
                      assessment is carried out to determine the detainee’s mental capacity and
                      fitness for continued detention.

                      Partners involved in the Prolific Priority Offender (PPO) and Integrated
                      Offender Management (IOM) schemes assess perpetrators recognising at
                      the same time that they may be subject to harassment and abuse
                      themselves. Support is put in place for those people with disabilities
                      particularly those with learning disabilities or mental health needs. This
                      process recognises the impact that disability can have on offenders and
                      provides ‘pathways’ allowing their needs to be addressed.

                      Devon and Cornwall Constabulary utilises the National Register of Public
                      Sector Interpreters (NRPSI). Registered interpreters and equivalent for
                      people, who are deaf and hard of hearing, provide service for cases likely
                      to result in any kind of judicial hearing. This is a national contract, led by
                      Greater Manchester Police (GMP). Outside of that work we maintain a local




Response to Equality and Human Rights Commission Call for Evidence                                      29
             database. These individuals are vetted by the Constabulary but do not
             necessarily have to meet the very strict criteria of NRPSI. There is no
             contract - these are individuals who can be used as and when needed, not
             tied to any parent company or contract.

             Language line is again a national contract led by GMP utilised mainly for
             custody purposes. Qualified BSL interpreters are used during Devon and
             Cornwall Constabulary conferences.

     6.4     ‘Mate Crime’ pilot
     6.4.1   In 2006 the tragic death of Steven Hoskin (See 2.3.2 and Appendix B), who
             was bullied and murdered by people who he considered as friends,
             increased the force’s awareness of disability-related harassment and its
             recognition that processes and practices needed to be implemented.

             The learning from the Steven Hoskin case was invested in a ‘Safety Net’
             pilot to address mate crime. It aims to support people, like Steven Hoskin,
             who have a learning disability and are befriended then exploited by others
             who take advantage of their condition by abusing the trust placed in them.
             Mate Crimes are by definition committed by people known to the individual
             and can take place over a long period of time within long standing
             relationships. Because of these special factors, mate crime is less likely to
             be recognised and reported as a crime. The victim is either unaware of
             what is going on around them, or is aware, but too scared, for any number
             of reasons, to lose the relationship they have with the perpetrator, making
             the detection of these crimes difficult. The pilot aims to prevent this abuse
             by increasing awareness of the issues for people with learning disabilities
             as potential victims, carers, professionals and the wider community.

             The Safety Net pilot is part of a three year project, run by ARC (Charity No:
             285575). The main link that Devon and Cornwall Constabulary has with
             ARC is through Safeguarding and Diversity teams. After twelve months, it
             is still too early to identify any positive outcomes. However our close
             working relationship with Safety Net is evidence of the seriousness with
             which this kind of disability-related hate crime is dealt with by Devon and
             Cornwall Constabulary.

     6.5     J9 campaign – Helps victims of domestic abuse
     6.5.1   Devon and Cornwall Constabulary recognises the extreme difficulty in
             victims of domestic abuse reporting to the police and the reasons why a
             disabled victim would be even less likely to feel empowered to come
             forward. The force works in partnership with ADVA (Against Domestic
             Violence and Abuse), a multi-agency group, in order to increase awareness
             of domestic violence and abuse.

             One initiative to provide a ‘safe haven’ to any domestic abuse victim giving
             them somewhere they could go where they would be believed and
             understood followed the death of a woman Janine Mundy from Camborne,
             Cornwall, who was murdered by her husband in 2003. Janine Mundy was
             a young family woman who contributed her spare time to voluntary work




30                                              Response to Equality and Human Rights Commission Call for Evidence
                      within the community.

                      After her murder, her family worked with Devon and Cornwall
                      Constabulary’s Crime Support Department, to develop a support initiative
                      called ‘J9’ which was a nickname used by Janine Mundy in text messages.
                      Organisations and businesses that sign up to the scheme display a
                      prominent sticker outside their premises, indicating that advice, support
                      and information could be obtained inside. The campaign has been well
                      supported by the private sector. There is no duty to report to the police and
                      we do not survey victims of domestic abuse due to the circumstances of
                      this ongoing crime. It is therefore difficult to quantify the benefits of the
                      initiative beyond the intention that victims may seek solace in one of the
                      participating premises which could be the first step in telling someone what
                      is happening to them. (See Appendix Q – J9 Campaign)

          6.6         Duty taken into account when procuring activity with
                      outside bodies
          6.6.1       Within our procurement department, we ensure that all of the contracted
                      suppliers that we utilise are aware of and comply fully with their legal
                      obligations under equal opportunities legislation.

                      Under the EU Public Procurement Directives we are only able to evaluate
                      suppliers against their legal obligations and therefore cannot undertake a
                      qualitative judgement of how well a supplier performs under these
                      obligations.

                      As such we include the following in all tender and quotation documents and
                      only suppliers that fully comply will be considered further:

                      Does your company comply with all Statutory Legislation in regard to Race
                      Relations, Sex Discrimination, Disability Discrimination, Employment
                      Equality in relation to Religion or Belief and Sexual Orientation Regulations
                      2003, Human Rights Act 1998 or the Age Discrimination Act 2006?
                      Has the organisation been found guilty of a criminal offence or grave
                      misconduct in any of the above?

                      In a recent competitive dialogue process for replacement of the force Crime
                      Intelligence system, specific ability for systems to interact with accessibility
                      solutions was explored.

          7           Please provide any further information or evidence here
          7.1         The Case of R v James Watts (see 6.2.1 and Appendix M)
          7.1.1       This investigation sets a national landmark in criminal investigations with
                      victims suffering from such severe disabilities. The uniqueness of this case
                      underpins why the conviction was challenged at the highest level in this
                      country. The Lord Chief Justice of England and Wales has endorsed the
                      reliability and admissibility of such disadvantaged complainants in
                      upholding the safety of the convictions. He has remarked that it has taken
                      eleven years to get such a landmark case through since the
                      implementation of the very legislation designed to give such victims a




Response to Equality and Human Rights Commission Call for Evidence                                       31
     voice.

     It is imperative that this case is highlighted as widely as possible to both
     the Police, the CPS, the Bar Council, the Ministry of Justice, victims and
     the Third Sector. If this is communicated effectively it will enable numerous
     other victims to have a voice in the criminal justice system who hitherto
     would have been left with no recourse. Through education and marketing it
     is hoped this case will give a new confidence to all stakeholders in the
     criminal justice system to pursue cases which previously would have been
     assessed as too difficult.

     This case will have a direct impact upon the amendment of the guidance
     around Achieving Best Evidence and will be an enabler about the use of
     Section 28 (cross examination of vulnerable victims and witnesses away
     from the court room).

     On 27 October 2010 the NPIA is conducting a multi-agency de-brief of this
     case. The recommendations will be cascaded across all forces to ensure
     best practice is identified and the opportunity to learn from this investigation
     is maximised to the benefit of future victims.




32                                       Response to Equality and Human Rights Commission Call for Evidence
    Appendix A -
    Vulnerability Matrix




Response to Equality and Human Rights Commission Call for Evidence   33
                                                             Vulnerability Matrix

    Name: ........................................................................ Address:..........................................................................................................
    Date of Birth: .............................................................. OIS Incident No.: ............................................................................................

    Definition of A Vulnerable Adult
    “An individual who is or may be in need of professional support by reason of mental or other disability, age or illness;
    and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm
    or exploitation”

                1. Other than this occasion - how often do you have                                     5     Daily
                   problems?                                                                            3     Most days
                                                                                                        2     Most weeks
                                                                                                        1     Most months
                                                                                                        0     Only occasionally
                2. Do you think the current incident is linked to previous                              2     Yes
                   incidents?                                                                           0     No
                   If so why?


                3. Do you think that incidents are happening more often                                 2     Yes
                   and / or are getting worse?                                                          0     No

                4. Do you know the offender(s)?                                                         2     They know each other well
                                                                                                        1     They are ‘known’ to each other
                                                                                                        0     They do not know each other
History




                5. Does the perpetrator (or their associates) have a history of                         6     Perpetrator or their associates are currently harassing the
                   or reputation for intimidation or harassment?                                              complainant
                                                                                                        4     Perpetrator or their associates have harassed the complainant in
                                                                                                              the past
                                                                                                        2     Perpetrator or their associates have not harassed the
                                                                                                              complainant, but have a history or reputation for harassment or
                                                                                                              violent behaviour
                                                                                                        0     Perpetrator or their associates have no history or reputation for
                                                                                                              harassment or intimidation
                6. Have you informed any other agencies about what has                                  0     Yes
                   happened?                                                                            1     No
                   If yes, are you happy for us to discuss this problem with
                   them?
                   Details:




                7. Which of the following do you think that this incident                               4     You
Vulnerability




                   deliberately targeted                                                                3     Your family
                   Specify:                                                                             1     Your community
                                                                                                        0     None



    Based on these factors and your own judgement, adjust the scoring accordingly
                Low       0              4               8            12            16             20            22             24     26     28     30 High
                                                                                                                                SIGNIFICANT RISK OF HARM
34                                                                                                    Response to Equality and Human Rights Commission Call for Evidence
                            8. Do you feel that this incident is associated with your faith,        3    Yes
                               nationality, ethnicity, sexuality, gender or disability?             0    No
                               Details:
Vulnerability - Continued



                            9. In addition to what has happened, do you feel that there             3    Yes
                               is anything that is increasing you or your household’s               0    No
                               personal risk (e.g. because of personal circumstances)
                               Details:


                            10. How affected do you feel by what has happened?                      0    Not at all
                                Details:                                                            1    Affected a little
                                                                                                    2    Moderately affected
                                                                                                    3    Affected a lot
                                                                                                    5    Extremely affected

                            11. Has yours or anyone’s health been affected as a result of           3    Physical health
                                this and any previous incidents?                                    3    Mental health
                                Details:



                            12. Do you have a social worker, health visitor or any other            0    No
                                type of professional support? Can we speak to them                  1    Yes
                                about this?
                                Details:
Support




                            13. Do you have any friends and family to support you?                  3    Complainant lives alone and is isolated
                                                                                                    3    The complainant is isolated from people who can offer support
                                                                                                    1    The complainant has a few people to draw on for support
                                                                                                    0    The complainant has a close network of people to draw on for
                                                                                                         support
                            14. Apart from any effect on you, do you think anyone else              1    Your family
                                has been affected by what has happened?                             3    Local community
                                Details:                                                                 Other



                                                       TOTAL VULNERABILITY SCORE:
        Based on these factors and your own judgement, adjust the scoring accordingly
                            Low       0          4          8         12          16           20           22             24     26     28     30 High
                                                                                                                           SIGNIFICANT RISK OF HARM



        Consent to Information Sharing
        I consent to agencies obtaining and sharing information as part of the multi-agency work to help and secure my safety
        and that of my family.
        If there are child protection concerns, information will be shared regardless of whether this form is signed.

        Signature: ..................................................................................................
        Date: ..........................................................................................................
        Print name: ................................................................................................
        Officer (name & no.): ..................................................................................

Response to Equality and Human Rights Commission Call for Evidence                                                                                                  35
     Appendix B -
     Steven Hoskin




36                   Response to Equality and Human Rights Commission Call for Evidence
          Significant Cases:

          Steven Hoskin, Age: 39, Incident year: 2006

          Overview of Circumstances

          During the early hours of Thursday 6 July 2006 the body of Steven Hoskin was found
          at the foot of the Trenance railway viaduct in St Austell. The initial enquiries
          conducted by police officers investigating the cause of the death led to the arrest of 5
          people.

          In his early years Steven Hoskin attended the local primary school where it appeared
          he suffered from some behavioural problems. It became apparent Steven Hoskin
          had learning difficulties and this was accepted by all those who were involved with
          him. These difficulties led to him being educated at a special school for children

          He later moved to St Austell where he accepted the sole tenancy of a one-bedroom
          flat. This was administered by Ocean Housing Trust. It is evident from the records
          held for that flat that a number of agencies had become involved with Steven Hoskin
          as a result of a series of complaints made by local residents. These complaints
          concerned anti-social behaviour emanating from his address and it appears these
          incidents had escalated in the months leading up to his death. It is clear from details
          held by Ocean Housing Trust and other witnesses that other people had been living
          within the flat with Steven Hoskin for some months. It is also apparent the flat had
          become a regular haunt for local youths.

          A short time before Steven Hoskin’s body was located by police reports were
          received that bin bags full of items were being burnt in the garden of the address and
          a report that blood had been found at the premises.

          Summary of findings

          There was significant contact between the police and Steven Hoskin’s address,
          including disorderly behaviour, drug dealing and allegations of intimidation by the key
          individual against others who were by then residing at the address.
          On numerous occasions Steven Hoskin was spoken with by police officers and staff
          although a link between his vulnerability and his need to be safeguarded was never
          made.

          Witnesses described how youths were attracted to the flat, frequent parties were
          held and the noise level from within the address began to increase. Noise levels
          changed to more violent disturbances over the months with a key individual
          befriending Steven Hoskin, thought because of his vulnerability, and who began to
          manipulate Steven.

          Steven eventually lost all control of his own life within his own home. He had no say,
          choice or control over who stayed or visited the flat. He had no voice or influence
          over what happened within the premises. The key individual had recognised the
          clear vulnerability of Steven and had 'moved in' on him. From the accounts of several
          witnesses this man was violent and intimidating and recognised the opportunity for




Response to Equality and Human Rights Commission Call for Evidence                                   37
     accommodation and removed from Steven Hoskin the little ability he had to make his
     own choices and decisions. This individual was fully aware of Steven Hoskin's
     vulnerability and learning difficulties and took advantage of those facts to control
     both Steven and the premises.

     It is clear that opportunities were missed by the police to intervene in the life of
     Steven and from enquiries made at the time this would appear to be due to a lack of
     awareness and training for frontline officers with regard to Adult Protection issues.

     Little information regarding contact with this agency was shared with partner
     agencies therefore a full picture of events was never established. This information
     exchange may have led to a strategy meeting being convened and correct
     safeguarding measures being put into place.

     Officers dealing with incident at the address of Steven viewed each contact in
     isolation and failed to take a more holistic approach, to include the historical events
     and the welfare of the subject in decision making.

     Factors impacting on Disability

     Steven had learning difficulties and was vulnerable within his community. He was
     identified by others as a potential victim and exploited as a result.
     Steven Hoskin became social excluded due to his vulnerability and when contact
     with this agency was made by him insufficient referrals to Adult Social Care were
     made.

     The key individual highlighted within police investigations as befriending a
     dominating Steven Hoskin was involved with the police on several occasions
     following reports of him wishing to commit suicide. Some records show that he
     himself was a psychiatric patient with Mental Health issues. Again this overlooked by
     officers and referrals to Mental Health Services and Adult Social Care missed.

     It is unclear if Steven was accessing Support services on the lead up to his death.

     Police recommendations

        •   Adult Protection training is reviewed in line with this enquiry specifically aimed
            at the issues of identification and awareness of a vulnerable adult and
            procedures to instigate once the identification has been made. This will
            require rolling out to all operational staff with immediate effect.

        •   That a list is forwarded to Police by Social Services of all persons on their
            Adult Protection Register and that these named persons are all created as
            Nominal records on the police computer and have an Adult Protection Flag
            placed on the nominal.

        •   That any person who has an Adult Protection Flag warning marker (SIG
            warning) put in place on the address where they reside.




38                                                 Response to Equality and Human Rights Commission Call for Evidence
               •    Any person coming into contact with a police officer for any reason who has
                    an Adult Protection marker against them or SIG warning on address should
                    have circumstances passed to Social Services. (Possible use of 121a form)
                    and Neighbourhood teams.

               •    Any person coming into contact with police staff who deemed to be an adult
                    under Adult Protection, and there is obvious concern reference their welfare
                    or any other persons they have direct contact with, should take advice from
                    the Adult protection Officer.

               •    That these incidents are monitored and prioritised by the Adult protection
                    officers working within BCU ensuring compliance with policy and concerns are
                    shared and highlighted to Social Services.

          Media Interest
          There was substantial news media interest in this case at the time, both nationally
          and regionally.

          There also continues to be interest from a documentary team currently. Although we
          have not taken part in any filming, it is very likely a documentary on this incident will
          be broadcast in the near future.




Response to Equality and Human Rights Commission Call for Evidence                                    39
     Appendix C -
     Ofsted




40                  Response to Equality and Human Rights Commission Call for Evidence
          Freshford House          T 0300 1231231              Direct T 0117 9456333
          Redcliffe Way            enquiries@ofsted.gov.uk     Direct F 0117 9456554
          Bristol BS1 6NL          www.ofsted.gov.uk           Safeguarding.lookedafterchildren@ofsted.gov.uk




          28 July 2010

          Ms Anne Whiteley
          Executive Director of Children and Young Persons’ Services
          Devon County Council
          Room 126, County Hall
          Topsham Road
          Exeter
          EX2 4QD


          Dear Ms Whiteley

          Annual unannounced inspection of contact, referral and assessment
          arrangements within Devon’s children’s services

          This letter summarises the findings of the recent unannounced inspection of contact,
          referral and assessment arrangements within local authority children’s services in
          Devon County Council which was conducted on 29 and 30 June 2010. The inspection
          was carried out under section 138 of the Education and Inspections Act 2006. It will
          contribute to the annual review of the performance of the authority’s children’s
          services, for which Ofsted will award a rating later in the year. I would like to thank
          all of the staff we met for their assistance in undertaking this inspection.

          The inspection sampled the quality and effectiveness of contact, referral and
          assessment arrangements and their impact on minimising any child abuse and
          neglect. Inspectors considered a range of evidence, including: electronic case
          records; supervision files and notes; observation of social workers and practice
          managers undertaking referral and assessment duties; and other information
          provided by staff and managers. Inspectors also spoke to a range of staff including
          managers, social workers, other practitioners and administrative staff.

          The inspection identified areas of strength and satisfactory practice, with some areas
          for development.

          From the evidence gathered, the following features of the service were identified:

            Strengths

                 Staff are well motivated, have access to good training and value the
                 professional advice and support provided by managers, who are readily
                 accessible for formal and informal consultation.

                 Links between the out-of-hours service and the contact and referral service are
                 effective to enable appropriate information to be shared promptly and the out-
                 of-hours staff undertake some non-emergency visits during evenings and



Response to Equality and Human Rights Commission Call for Evidence                                              41
        weekends to ensure that children are safe.

        The Multi Agency Safeguarding Hub, a pathfinder service, which brings together
        statutory and voluntary agencies into a central contact point for referrals, while
        in early stages of development, enables improved intelligence gathering and
        information sharing across partner agencies.

     Satisfactory practice

        Clear procedures and practices are in place to ensure that statutory
        requirements to safeguard children and young people are met.

        Communication and liaison with partner agencies are effective and contribute
        towards prompt referral and exchange of information.

        Contacts and referrals, including child protection referrals, receive a prompt
        response and are subject to robust initial decision making.

        All cases held within referral and assessment services are allocated to and
        assessed by suitably qualified and experienced staff.

        Children are routinely seen and interviewed, where appropriate, during
        assessments.

        Diversity issues are appropriately considered in case work practice.

        Most assessments are of a satisfactory quality and some are good.

        The outcome of referrals is routinely notified to families and to referring
        agencies.

        Regular supervision is provided to staff and management decisions are
        routinely recorded on case files.

        Managers at all levels routinely monitor management information and audit
        cases.

        Early intervention and increased use of the common assessment framework
        results in more positive outcomes for increased numbers of children in need.

     Areas for development

        Protocols for transfer of cases from the referral and assessment teams to long-
        term teams are in place. However, significant capacity issues within the long-
        term teams result in cases being held too long within the referral and
        assessment teams. This increases pressures on staff within the referral and
        assessment teams and reduces the time available to them to ensure recording
        is up-to-date and to maintain a good standard of practice.

                                                                                                      2

42                                               Response to Equality and Human Rights Commission Call for Evidence
                Despite improvements to the electronic records systems, poor system operating
                performance results in staff experiencing significant delays in accessing or
                inputting onto case files and records.

                Contacts, received through referral co-ordinators, do not always contain
                accurate or sufficient information. Not all staff are sufficiently skilled in sensitive
                information gathering.


          Any areas for development identified above will be specifically considered in any
          future inspection of services to safeguard children within your area.

          Yours sincerely



          Pietro Battista
          Her Majesty’s Inspector

          Copy:         Phil Norrey, Chief Executive, Devon County Council
                        Alan Wooderson, Independent Chair of the Devon Safeguarding Children
                        Board
                        Cllr Andrea Davis, Lead Member for Children’s Services, Devon County
                        Council
                        Cllr Christine Channon, Lead Member for Children’s Services, Devon
                        County Council
                        Andrew Spencer, Department for Education




                                                                                                      3

Response to Equality and Human Rights Commission Call for Evidence                                        43
     Appendix D -
     Case study - MASH




44                Response to Equality and Human Rights Commission Call for Evidence
               Significant Cases:
               UBB F, Age: 0, Incident year: 2010

               The MASH received a referral in the form of a multi agency alert, with
               concerns regarding the unborn child of a woman who had been arrested with
               her boyfriend. Their flat had been searched and 150 valium pills were found
               which she admitted to using to help her sleep. Using a red, amber and green
               risk assessment process, the case was risk assessed by the police as
               AMBER due to drug taking in pregnancy and possession of the high number
               of pills. There were 19 previous reports, and her partner had warnings for
               violence, drugs and weapons, with 57 crime links to the police intelligence
               system.

               Children and Young People’s Services had three historic contacts regarding
               the mother, as she had previously presented as homeless, and there had
               been concerns about her drug use following her being arrested for possession
               of amphetamine.

               The Health Care Trust database provided a large amount of information
               regarding the maternal family history, which showed a pattern of non
               engagement, and her maternal grandmother being known for substance
               misuse. It did not appear that the mother had engaged with antenatal
               services.

               Information received from the education authority stated that the mother was
               no longer of school age, but there had been frequent intervention during her
               school life due to non attendance.

               The Housing authority raised concerns through the MASH about unsavoury
               characters visiting her property, and she and her partner had been given
               notice of eviction due to anti social behaviour.

               A referral was sent through to the assessment team the following day to
               address child protection concerns for the unborn child.

               An initial assessment was undertaken and the following concerns were
               identified by a social worker:

                    •   Mother not attending antenatal appointments
                    •   Mother not registered with local GP
                    •   Concerns over mothers drug use prior to and during pregnancy
                    •   Previous Children and Young People’s Services involvement due to
                        homelessness of mother at 16
                    •   Concerns raised by housing in relation to notice of eviction having been
                        served due to anti social behaviour, family had not engaged with
                        housing to remedy this
                    •   Father’s level of violence, he was well known to the Police with
                        warnings for weapons, violence and drugs




Response to Equality and Human Rights Commission Call for Evidence                                 45
     An initial Child Protection Conference was held within 15 working days, and
     the unborn baby was placed on a Child Protection Plan under the category of
     neglect. The Child Protection Plan was put in place to coordinate support and
     safeguarding for the child when he was born.

     The child remains on a Child Protection Plan, and is thriving in the care of
     both parents. Both mother and father are engaging with services, and have
     shown positive motivation to provide a stable and nurturing environment for
     their child.

     The early identification of need for this unborn baby lead to a timely and
     appropriate response by Children and Young People’s Services, with a level
     of information from a number of agencies.

     What is working well in terms of integrated working?

        •   Improved information sharing between agencies at the point of MASH
            enquiry. Each enquiry to the MASH will have a more holistic level of
            information to aid the decision with regard to support needed by
            families.
        •   An improved understanding regarding the role of other agencies and
            their priorities. Ultimately it is hoped that this improved understanding
            will lead to closer working relationships, and a more consistent and
            holistic response to children and family needs.
        •   Shared vision and shared goals of each organisation to meet the needs
            of children and families in their area.
        •   Improved outcomes for children - early identification of need, and a
            more resilient system of support to families within community services,
            with the support of the Common Assessment Framework (CAF).

     What are the improved outcomes for children and young people and
     their families?

     Improved decisions at the point of the MASH enquiry - This resulted in the
     child and their family receiving the correct service at their first presentation to
     Children's Social Care. In the longer term it is hoped that the early
     identification of need will lead to all agencies involved with a family to be able
     to contribute to the plan to support them. The aim of the MASH is to provide a
     service to all MASH enquiries.

     The impact on the use of resources in this area

     It is hoped that the MASH will bring:

        •   A decrease in the volume of contact and referrals received by
            children's social care.
        •   A decrease in the number of Initial Assessments undertaken by
            children's social care due to more informed decision making at an
            earlier stage.




46                                             Response to Equality and Human Rights Commission Call for Evidence
                    •   A potential decrease in re-referral rates due to increased information
                        being available to managers at the point of deciding an appropriate
                        referral outcome based on the child's needs.
                    •   Increased information between services to promote the use of the
                        Common Assessment Framework.




Response to Equality and Human Rights Commission Call for Evidence                               47
     Appendix E -
     Project Amethyst




48                 Response to Equality and Human Rights Commission Call for Evidence
                                CIOS Diversity Team
               Crimes & Incidents of prejudice April 2007 – March 2008

       The Home Office defines hate crime as “any incident, which constitutes a criminal
       offence, which is perceived by the victim or any other person as being motivated by
       prejudice or hate.”

       Non-criminal behaviour may be indicative of a cycle of intimidation towards an
       individual or group and for this reason ‘non-crime’ hate incidents are also recorded.

       Total reported crimes and incidents for 2007/08 are 265 an increase of 31.8% from
       2006/7.

       The majority are racially motivated (74.7%)

         Hate Incidents
         2007/08                                    Total            Crimes   Non-crimes
         RACIAL                                     198               127        71
         HOMOPHOBIC
         (sexual orientation)                         39               17         22
         DISABLIST                                    15                6          9
         TRANSPHOBIC                                  5                0          5
         RELIGIOUS                                    8                4          4
         Total                                       265              154        111




Response to Equality and Human Rights Commission Call for Evidence                             49
     The chart and table below shows the monthly number of incidents

                        Apr-   May-   Jun-   Jul-   Aug-   Sep-     Oct-    Nov-   Dec-    Jan-    Feb-   Mar-
        DISTRICT         07     07     07    07      07     07       07      07     07      08      08     08     Total
        Caradon           1      3            2       7      4        3       2      3       2              4      31
         Carrick        10      6      3      8      6      5         1      2       6       3       8      4      62
      Isles of Scilly                  1                                                                            1
         Kerrier         4      3            10      4      4         2      3       1       6       7      2      46
      North Cornwall     5      3      4      5      1      2         5      1       2       1       3      5      37
         Penwith         1      4      3      2      5      3         5      10      1       1       2      2      39
        Restormel        4      5      5      3      5      5         1      4       4       3       6      4      49
      Cornwall Total    25      24    16     30     28     23        17      22      17     16      26      21     265




50                                                                Response to Equality and Human Rights Commission Call for Evidence
       The Chart and table below show the number of incidents by District.
          • Carrick and Restormel saw the highest number of recorded incidents

                                              HOMOPHOBIC
            DISTRICT        DISABLIST       (Sexual Orientation)     RACIAL   RELIGIOUS   TRANSPHOBIC   Total
             Caradon            2                    2                 26                      1         31
              Carrick           3                   10                 44         2            3         62
          Isles of Scilly                            1                                                    1
              Kerrier             4                 16                 25         1                      46
         North Cornwall           2                  2                 32                      1         37
             Penwith              1                  1                 35         2                      39
            Restormel             3                  7                 36         3                      49
         Cornwall Total          15                   39              198         8            5        265




Response to Equality and Human Rights Commission Call for Evidence                                              51
                                      East Cornwall

     Total reported crimes and incidents for 2007/08 are 68
     The majority are racially motivated (85.3%)

      Hate Incidents
      2007/08                          Total             Crimes                Non-crimes
      RACIAL                            58                 41                     17
      HOMOPHOBIC
      (Sexual Orientation)               4                    3                      1
      DISABLIST                          4                    3                      1
      TRANSPHOBIC                        2                    0                      2
      RELIGIOUS                          0                    0                      0
      Total                             68                  47                      21




52                                                Response to Equality and Human Rights Commission Call for Evidence
Response to Equality and Human Rights Commission Call for Evidence   53
                                        Mid Cornwall

     Total reported crimes and incidents for 2007/08 are 111
     The majority are racially motivated (72.1%)

      Hate Incidents
      2007/08                                    Total         Crimes             Non-crimes
      RACIAL                                      80             54                  26
      HOMOPHOBIC (sexual orientation)             17              7                  10
      DISABLIST                                    6              1                   5
      TRANSPHOBIC                                 3               0                   3
      RELIGIOUS                                   5               2                   3
      Total                                      111             64                  47




54                                                Response to Equality and Human Rights Commission Call for Evidence
Response to Equality and Human Rights Commission Call for Evidence   55
                                        West Cornwall

     Total reported crimes and incidents for 2007/08 are 85
     The majority are racially motivated (70.6%)

      Hate Incidents
      2007/08                                     Total             Crimes           Non-crimes
      RACIAL                                       60                 32                28
      HOMOPHOBIC (sexual orientation)              17                  7                10
      DISABLIST                                     5                  2                 3
      TRANSPHOBIC                                   0                  0                 0
      RELIGIOUS                                     3                  2                 1
      Total                                        85                 43                42




56                                                Response to Equality and Human Rights Commission Call for Evidence
Response to Equality and Human Rights Commission Call for Evidence   57
     Appendix F -
     DASH




58                  Response to Equality and Human Rights Commission Call for Evidence
                                            RESTRICTED (when completed)                                                                                   Form No.: DASH 61
                                                                                                                                                                Rev. 01/2010




   Domestic Abuse
   Risk Assessment


   Risk Classification:

             High
             Medium
             Standard

     Victim details:
     Name:........................................................................................................................ Date of Birth: ................................
     Officers details:
     Name:........................................................................................................................ Force No.: ......................................
     Crime / non crime: ................................................................ Log number: ....................................................................

   What is a domestic?

   “Domestic abuse is any incident of threatening behaviour, violence or abuse
   (psychological, physical, sexual, financial or emotional) between partners (16 years and
   over) who are or have been in an intimate relationship or between family members (18
   years and over), regardless of gender and sexuality.”

                                                                RESTRICTED (when complete)
Response to Equality and Human Rights Commission Call for Evidence                                                                                                                     59
                                                                                                           Form No.: DASH 61
                                                                                                                 Rev. 01/2010

     ACPO Domestic Abuse, Stalking and Harassment and Honour Based Violence
     (DASH 2009) Risk Model SFA
     Risk Identification for Trained Staff (For full guidance please refer to DASH 2009 - Sharepoint)

     This form should be completed for all incidents of domestic abuse by first responders. Initial risk identification
     must be undertaken by asking ALL the questions on this checklist, as well as searching intelligence databases.
     First response staff and their supervisor should identify risk factors, who is at risk and decide what level of
     intervention if required.

     Details of children resident at the address must be provided. Consider the nature of the information and
     what it means in terms of the investigation (lines of inquiry), as well as public protection (preservation of life,
     reduction and prevention of harm to victim and others). Remember a quality investigation can reduce
     the risk. All injuries must be photographed as well as the scene, if appropriate.

     Please ensure that when you ask these questions the victim is comfortable and understands why you are
     asking them - it is about their safety and protection. Particular sensitivity and attention is required when
     asking whether the victim has been assaulted, physically and / or sexually by the perpetrator. The vulnerability
     of victims cannot be overstated. This could be further compounded by issues such as traditional gender roles,
     literacy, language and / or immigration or refugee status. Please take into consideration the victim’s perception
     of risk.

     Please ensure you ask the victim about the abuser’s behaviour when stalking and honour based violence are
     present. Do not just tick the box ‘yes’. You must identify what is happening. There are specific risk
     factors that relate to these areas as well. Assessment of risk is complex and NOT related to the number of
     risks appearing alone. Rather, the risk posed to the victim or others in a particular situation will be dependent
     upon what they are and how they apply in that context. Refer to the full DASH 2009 Practice Guidance
     on Risk Identification.

     Record what steps you have taken to ensure the immediate safety of the victim(s) and any children. Ask
     yourself “Am I satisfied that I have done all I can?” Everything you do must be recorded.

     The risk identification process must remain dynamic. Events and circumstances may undergo rapid and
     frequent change. Where this is the case, the assessment must be kept under review. Risk identification is
     based on structured professional judgement. This model is most effective when undertaken by officers who
     have been fully trained in its use. High risk cases may well require a multi-agency response and should be
     referred to the relevant risk management panel i.e. the Multi-Agency Risk Assessment Conference (MARAC) or
     Multi-Agency Public Protection Panel (MAPPP). MARAC’s are for the most serious and high risk cases.

     Be aware that you are responsible for owning the risk until you formally hand it over to the oncoming shift or
     to specialist staff. First response should be looking to REMOVE the risk through arrest. Please justify decisions
     for non arrest.

     What happens after completion of the Risk Identification Checklist?

     There should be an effective investigation in every case and an appropriate safety plan aimed at the risk factors
     identified.

     All medium and high cases to be phoned through to CDIB along with the details of the crime/non
     crime on ex 23503 or 01392 223503 (priority line for domestic incidents)

     All standard cases to be issued a Local Area Domestic Abuse Leaflet by the attending officer to the
     victim. Details of the crime/non crime to be recorded with CDIB along with the risk categorisation.
     Risk Assessment then to be faxed to CDIB as soon as practicable. Fax no 22107 or 01392 452107 (at
     quieter times CDIB may be able to record the Risk Assessment over the phone)
                                             RESTRICTED (when complete)
60                                                              Response to Equality and Human Rights Commission Call for Evidence
                                                                                              Form No.: DASH 61
                                                                                                    Rev. 01/2010

   Please complete the searches below as this information will be relevant to risk
   identification, assessment and management. Please add further details where
   necessary.
     Crime / Non Crime Ref. No.:
     Officers name:                                                                          Force No.:
     Victim(s) name:
     Safe contact details:


     Form 121(a) completed?                            Yes           No
     Other dependants or vulnerable
     adult details (not already sighted in
     121(a) or DASH RA):

     Suspect(s) name:
     Nominal number:
     Date of birth:
     PNC number (if applicable):
     Does the suspect have a criminal                  Domestic         Sexual   Violence
     record?                                           Other (specify):
     Is there a history of violence,                   Domestic         Sexual   Violence
     domestic or other?                                Other (specify):
     Is there a history of violence with
                                                       Yes                No     Not known
     other partners or anyone else?
                                                       Domestic         Sexual   Violence
     Is there intelligence on the suspect?
                                                       Other (specify):
     Does the suspect have access to
                                                       Yes                No     Not known
     firearms?


     Visor check                                       Yes                No     Not known
     INI check completed?                              Yes                No     Not known
     DNA confirmed on database?                        Yes                No     Not known
     Harassment letter / police information            Yes                No     Not known
     notice? (If Yes, add detail):

     Existing bail conditions? (If Yes, add            Yes                No     Not known
     detail):

     Civil orders check i.e. injunctions,              Yes                No     Not known
     non-molestation etc.? (If Yes, add
     detail):

                                                RESTRICTED (when complete)
Response to Equality and Human Rights Commission Call for Evidence                                                 61
                                                                                                                 Form No.: DASH 61
                                                                                                                       Rev. 01/2010

     Victim(s) name:
     Date:                                                        Log number:
     Current Situation
     The context and detail of what is happening is very important. The questions highlighted in bold                    Yes No
     are high risk factors. Tick the relevant box and add comment where necessary to expand.
     1. Has the current incident resulted in injury? (Please state what and whether this is the first injury.) If yes,
        please clarify:



     2. Are you very frightened? Comment:




     3. What are you afraid of? Is it further injury or violence? (Please give an indication of what you think
        (name of abuser(s)... might do and to whom.)
          Kill?                                 Self      Children         Other (please specify):
          Further injury and violence?          Self      Children         Other (please specify):
          Other (please clarify):               Self      Children         Other (please specify):
     4. Do you feel isolated from family / friends i.e. does (name of abuser(s)...) try to stop you from
        seeing friends / family / doctor or others?


     5. Are you feeling depressed or having suicidal throughts?
     6. Have you separated or tried to separate from (name of abuser(s)...) within the last year?


     7. Is there conflict over child contact? (Please state what.)


     8. Does (...) constantly text, call, contact, follow, stalk or harass you? (Please expand to identify what
        and whether you believe that this is done deliberately to intimidate you? Consider the context and
        behaviour of what is being done.)



     Children / Dependants                                                                                               Yes No
     9. Are you currently pregnant or have you recently had a baby (in the past 18 months)?


     10. Are there any children, step-children that aren’t (...) in the household? Or are there other dependants in
         the household i.e. older relative?


     11. Has (...) ever hurt the children / dependants?


     12. Has (...) ever threatened to hurt or kill the children / dependants?

                                                RESTRICTED (when complete)
62                                                                   Response to Equality and Human Rights Commission Call for Evidence
                                                                                                               Form No.: DASH 61
                                                                                                                     Rev. 01/2010

     Victim(s) name:
     Date:                                                       Log number:
     Domestic Violence History                                                                                         Yes No
     13. Is the abuse happening more often?


     14. Is the abuse getting worse?


     15. Does (...) try to control everything you do and / or are they excessively jealous? (In terms of
         relationships, who you see, being ‘policed at home’, telling you what to wear for example. Consider
         honour based violence and stalking and specify the behaviour.)




     16. Has (...) ever used weapons or objects to hurt you?


     17. Has (...) ever threatened to kill you or someone else and you believed them?


     18. Has (...) ever attempted to strangle / choke / suffocate / drown you?


     19. Does (...) do or say things of a sexual nature that makes you feel bad or that physically hurt
         you or someone else? (Please specify who and what.)




     20. Is there any other person that has threatened you or that you are afraid of? (If yes, consider
         extended family if honour based violence. Please specify who.)


     21. Do you know if (...) has hurt anyone else? (Children / siblings / elderly / stranger, for example. Consider
         HBV. Please specify who and what.)
             Children             Another family member                Someone from a previous relationship
             Other (please specify):
     22. Has (...) ever mistreated an animal or the family pet?


     Abuser(s)                                                                                                         Yes No
     23. Are there any financial issues? For example, are you dependent on (...) for money / have they recently
         lost their job / other financial issues?


     24. Has (...) had problems in the past year with drugs (prescription or other), alcohol or mental
         health leading to problems in leading a normal life? (Please specify what.)
             Drugs             Alcohol             Mental Health

                                                RESTRICTED (when complete)
Response to Equality and Human Rights Commission Call for Evidence                                                                  63
                                                                                                                  Form No.: DASH 61
                                                                                                                        Rev. 01/2010

     Victim(s) name:
     Date:                                                        Log number:
     Abuser(s) - continued                                                                                                 Yes No
     24. Has (...) ever threatened or attempted suicide?


     26. Has (...) ever breached bail / an injunction and / or any agreement for when they can see you and / or the
         children? (Please specify what.)
              Bail Conditions             Non-Molestation / Occupation Order             Child Contact Arrangements
              Force Marriage Protection Order           Other (please specify):

     27. Do you know if (...) has ever been in trouble with the police or has a criminal history? (if yes, please
         specify.)
              Domestic Violence              Sexual Violence          Other Violence
              Other (please specify):

     Other relevant information (from victim or officer) which may alter risk levels. Describe: (Consider for example victim’s
     vulnerability / disability / mental health / alcohol / substance misuse and / or the abuser(s) occupation / interests - does
     this give unique access to weapons i.e. ex-military / police / pest control.)




     Is there anything else you would like to add to this?




     Do you consent to your details being passed to Victim Support or other relevant support services?
        Yes            No
     Risk to Victim
                    Standard                                    Medium                                        High
     Investigating officer’s signature:                                            Force No.:               Date:
     Supervisors signature:                                                        Force No.:               Date:
                                                 RESTRICTED (when complete)
64                                                                    Response to Equality and Human Rights Commission Call for Evidence
                                                                                                         Form No.: DASH 61
                                                                                                               Rev. 01/2010

   Risk Management Categorisation

   This is based on the OASys (Offender Assessment System developed by the Prison and Probation
   Services) definitions of what constitutes standard, medium, high risk. Please use your professional
   judgement to categorise the risk level.


     Standard       Current evidence does not indicate liklihood of causing serious harm.

                    There are identifiable indicators of risk of serious harm. The offender has the potetial to cause
                    serious harm but is unlikely to do so unless there is a change in circumstances, for example,
     Medium
                    failure to take medication, loss of accommodation, relationship breakdown, drug or alcohol
                    misuse.


                    There are identifiable indicators of risk of serious harm. The potential event could happen at
                    any time and the impact would be serious.
     High           Risk of serious harm (Home Office 2002 and OASys 2006):
                    ‘A risk which is life threatening and / or traumatic, and from which recovery, whether physical
                    or psychological, can be expected to be difficult or impossible.’




   Risk Management Frameworks

   Use the RARA model when compiling safety plans for victims. What are you planning to do?

     Remove the Risk
                                 By arresting the suspect and obtaining a remand in custody.
     Response / CID
     Avoid the Risk              By re-housing victim / significant witnesses or placement in refuge / shelter in
     Response / CID              location unknown to suspect.


     Reduce the Risk             By joint intervention / victim safety planning, target hardening, enforcing breaches
                                 of bail conditions, use of protective legislation and referring high risk cases to Multi-
     DAO / Response / CID        Agency Risk Assessment Conference (MARAC).

                                 By continued reference to the Risk Assessment Model, continual multi-agency
     Accept the Risk             intervention planning, support and consent of the victim and offender targeting or
     DAO / Multi-Agency          Risk Management Panel format (such as Multi-Agency Risk Assessment Conference
                                 (MARAC) or Multi-Agency Public Protection Panel (MAPPP).




   Definition of Serious Harm (HO 2002)

     ‘A risk which is life threatening and / or traumatic, and from which recovery, whether physical or
     psychological can be expected to be difficult or impossible.
                                                RESTRICTED (when complete)
Response to Equality and Human Rights Commission Call for Evidence                                                            65
     Appendix G -
     Monitored Hate
     Crime Definition




66                 Response to Equality and Human Rights Commission Call for Evidence
Response to Equality and Human Rights Commission Call for Evidence



                                                                                                     MONITORED HATE CRIME DEFINITION



                                                                         TITLE                                 DEFINITION                                         INCLUDED SUBJECTS

                                                                     Hate Motivation   ‘Hate crimes and incidents are taken to mean any crime or       This is a broad and inclusive definition.
                                                                                       incident where the perpetrator’s hostility or prejudice         A victim does not have to be a member of the
                                                                                       against an identifiable group of people is a factor in          group. In fact, anyone could be a victim of a
                                                                                       determining who is victimised’.                                 hate crime.


                                                                                       “Any non-crime incident which is perceived by the victim or     Any racial group or ethnic background
                                                                      Hate Incident    any other person, to be motivated by a hostility or prejudice   including countries within the United Kingdom
                                                                                       based on a person’s race or perceived race”,                    and ‘Gypsy & Traveller groups’.
                                                                                       or
                                                                                       “Any non-crime incident which is perceived, by the victim or    Any religious group including those who have
                                                                                       any other person, to be motivated by a hostility or prejudice   no faith.
                                                                                       based on a person’s religion or perceived religion”
                                                                                       or
                                                                                       “Any non-crime incident which is perceived, by the victim or    Any persons sexual orientation
                                                                                       any other person, to be motivated by a hostility or prejudice
                                                                                       based on a person’s sexual orientation or perceived
                                                                                       sexual orientation”
                                                                                       or
                                                                                       “Any non-crime incident which is perceived, by the victim or    Any disability including physical disability,
                                                                                       any other person, to be motivated by a hostility or prejudice   learning disability and mental health
                                                                                       based on a person’s disability or perceived disability”
                                                                                       or
                                                                                       “Any non-crime incident which is perceived by the victim or     Including people who are Transsexual,
                                                                                       any other person, to be motivated by a hostility or prejudice   transgender, transvestite and those who hold
                                                                                       against a person who is transgender or perceived to be          a Gender Recognition Certificate under the
                                                                                       transgender”                                                    Gender Recognition Act 2004.
67
68



                                                                                                                            MONITORED HATE CRIME DEFINITION




                                                                                Hate Crimes1                 A Hate Crime is any criminal offence which is perceived, by        As Hate Incident above
                                                                                                             the victim or any other person, to be motivated by a hostility
                                                                                                             or prejudice based on a person’s race or perceived race”
                                                                                                             or
                                                                                                             “Any criminal offence which is perceived, by the victim or
                                                                                                             any other person, to be motivated by a hostility or prejudice
                                                                                                             based on a person’s religion or perceived religion”
                                                                                                             or
                                                                                                             “Any criminal offence which is perceived, by the victim or
                                                                                                             any other person, to be motivated by a hostility or prejudice
                                                                                                             based on a person’s sexual orientation or perceived
                                                                                                             sexual orientation”
                                                                                                             or
                                                                                                             “Any criminal offence which is perceived, by the victim or
                                                                                                             any other person, to be motivated by a hostility or prejudice
                                                                                                             based on a person’s disability or perceived disability”
Response to Equality and Human Rights Commission Call for Evidence




                                                                                                             or
                                                                                                             “Any criminal offence which is perceived, by the victim or
                                                                                                             any other person, to be motivated by a hostility or prejudice
                                                                                                             against a person who is transgender or perceived to be
                                                                                                             transgender”


                                                                          Hate Crime Prosecution             ‘‘A hate crime prosecution is any hate crime which has             As Hate Incident above
                                                                                                             been charged in the aggravated form or where the
                                                                                                             prosecutor has assessed that there is sufficient evidence
                                                                                                             of the hostility element to be put before the court when the
                                                                                                             offender is sentenced’


                                                                     1
                                                                         Crimes refer to all those recorded by the police in accordance with the Home Office Crime Recording Standards
    Appendix H -
    Community Safety
    Partnership




Response to Equality and Human Rights Commission Call for Evidence   69
                                                                        (Insert Name)
                                                                        Community Safety
                                                                        Partnership
                                                                        Tackling Antisocial Behaviour
                                                                        Our Pledge to You
     Relevant Contact Details for example                               The (***name***) Community Safety Partnership
                                                                        recognises that antisocial behaviour is a serious
     •	 The	Police	non	emergency	telephone	number	is                    problem that affects the quality of life of individuals,
     	 08452 777444	(24	hours)                                          families and communities.
     •	 To	report	noise	nuisance,	litter,	abandoned	vehicles,           The (***name***) Community Safety Partnership
     	 fly	tipping,	dog	fouling:                                        includes your local Police, District Council, Fire Service,
     	   	   East	Devon	District	Council	01395 273802                   Probation Service, Health and Youth/Education
     	   	   or	email	the	Customer	Services	Dept	on                     services. We have the skills and resources to support
     	   	   csc@eastdevon.gov.uk                                       you in both tackling and solving issues in your area.
     	   	   (0830	to	1700	Monday	to	Friday)                            We want every person to be able to enjoy their
     	   	   Mid	Devon	District	Council	01884 255255	or                 homes and neighbourhood peacefully and safely.
     	   	   email	customerfirst@middevon.gov.uk                        We will use the full range of powers and resources
     	   	   (0900	to	1700	Monday	to	Friday)                            available, including both criminal and civil action
                                                                        where appropriate, to ensure that we take a
     •	 For	general	advice	contact	the	Community	Safety                 stand against anyone engaged in behaviour that
     	 and	Anti	Social	Co-ordinators:                                   threatens peace and safety.

     	   	   East	Devon:	Gerry	Moore	on	01395 273802                    Our aim is to ensure that residents and visitors
     	   	   or	email	gmoore@eastdevon.gov.uk                           understand that antisocial behaviour does not
     	   	   (0800	to	1600	Monday	to	Friday)                            need to be tolerated. (***name***) Community
                                                                        Safety Partnership aims to reduce the perception
     	   	   Mid	Devon:	Julia	Ryder	on	01884 234997                     of antisocial behaviour in your area year on
     	   	   or	email	jryder@middevon.gov.uk                            year. We will continue to offer a wide range of
     	   	   (0900	to	1700	Monday	to	Friday)                            activities working together with young people
                                                                        encouraging alternatives to anti-social behaviour,
     If	you	are	not	happy	with	what	is	done	in	response	to	you	         positive intervention at the earliest opportunity and
     reporting	antisocial	behaviour	and	have	approached	the	            effective enforcement where necessary.
     lead	agency	with	no	success,	you	have	a	right	of	complaint	
     and	should	bring	this	to	the	attention	of	the	Community	           We encourage you to report all instances of
     Safety	Partnership	directly	(details	below).                       antisocial behaviour.


     As	a	Partnership	we	want	to	deliver	the	best	service	we	can	
     for	you.	If	we	fail	to	meet	the	standards	we	have	set,	we	
     will	always	explain	why	it	wasn’t	possible	to	do	so	on	that	
     particular	occasion.




70                                                                  Response to Equality and Human Rights Commission Call for Evidence
   Reporting or Witnessing Antisocial Behaviour. What can you expect?
   Our Pledge to You
   1.	 We	will	treat	you	fairly,	with	dignity	and	respect	at	           3.	   When	appropriate	and	necessary,	we	shall	pass	on	
   	 all	times.	All	reports	of	antisocial	behaviour	will	be	            	     reports	of	antisocial	behaviour	without delay	to	the	
   	 taken	seriously,	recorded	and	investigated	appropriately.          	     agency/agencies	best	placed	to	respond.	We	will	
                                                                        	     maintain	a	close	working	relationship	with	them	to	
   2.	   If	you	report	antisocial	behaviour	that	does	not	require	      	     resolve	the	reported	issue.
   	     an	immediate	response,	we	will	contact	you	within	3	
   	     working	days	to	determine	the	nature	of	your	problem	          4.	 Whether	you	are	a	victim	or	witness,	we	will	support	
   	     and	the	level	of	support	required.                             	 you	fully	and	keep	you	informed	of	any	progress	made	
                                                                        	 in	the	management	or	investigation	of	your	case.	

                                                                        5.	   If	you	report	antisocial	behaviour,	we	will	provide	
                                                                        	     appropriate	services	and	support	and	you	will	be	given	
                                                                        	     the	name	of	the	lead	agency	case	worker.	If	it	
                                                                        	     is	identified	that	you	or	your	family	has	any	special	
                                                                        	     circumstances,	disability	or	vulnerability,	we	will	support	
                                                                        	     you	and	the	lead	agency	will	take	measures	to	ensure	
                                                                        	     your	safety.	Any	criminal	offences	committed	will	be	
                                                                        	     investigated	fully.

                                                                        6.	 We	will	meet	regularly	to	share	information	in	order	to	
                                                                        	 identify	problem	areas,	known	offenders	and	victims.									

                                                                        7.	   We	will	keep	you	informed	about	what	is	happening	
                                                                        	     within	your	neighbourhood.	This	may	be	through	
                                                                        	     neighbourhood	newsletters,	PACT	meetings	and	key	
                                                                        	     agency	websites

                                                                        8.	 We	encourage	you	to	participate	in	community	
                                                                        	 initiatives	such	as
                                                                        	     •	   Partners	And	Communities	Together	(PACT).
                                                                        	     	                                                       	
                                                                                   These	are	partnership	meetings	designed	to	identify				
                                                                        	     	    specific	issues	for	your	area	and	provide	feedback
                                                                        	     	    as	to	action	taken.
                                                                        	          •	 Community	Partnerships
                                                                        	          •	 Community/Neighbourhood	Watch	Schemes
                                                                        	          •	 Residents’	Associations	or	similar



                                                                     http://neighbourhoodpolicing.devon-cornwall.police.uk




Response to Equality and Human Rights Commission Call for Evidence                                                                           71
     Appendix I -
     ASB Policy




72                  Response to Equality and Human Rights Commission Call for Evidence
                                             NOT PROTECTIVELY MARKED
       DEVON & CORNWALL CONSTABULARY
       ANTI-SOCIAL BEHAVIOUR AND ESCALATION POLICY - D290

       Version
Dated:
 12/03/10

       

       

       1
     POLICY
STATEMENT


       

       1.1
 The
Devon
and
Cornwall
Constabulary
is
committed
to
the
prevention
and
detection
of

              crime,
 the
 protection
 of
 vulnerable
 communities
 and
 preserving
 the
 rights
 of

              individuals.

       

       1.2
 The
Force
will
seek
to
work
in
partnership,
with
our
partner
agencies,
to
ensure
that

              Anti‐Social
 Behaviour
 is
 tackled
 with
 the
 appropriate
 balance
 between
 support
 for

              those
who
are
willing
to
accept
it
and
swift,
effective
enforcement
for
those
who
are

              not.

       

       1.3
 The
 Police
 perspective
 in
 partnership
 working
 brings
 a
 focus
 on
 Public
 Protection,

              Action
and
Enforcement.

It
supports
efforts
of
education,
prevention
and
reduction.

       

       1.4
 The
 Devon
 and
 Cornwall
 Constabulary
 will
 only
 apply
 for
 an
 Anti‐Social
 Behaviour

              Order,
including
an
Anti‐Social
Behaviour
Order
on
conviction,
for
an
individual
after

              going
through
the
processes
described
in
this
document.

       

       1.5
 Penalty
 Notices
 for
 Disorder
 will
 be
 taken
 into
 consideration
 with
 regard
 to
 any

              evidence
gathering
in
relation
to
applying
for
an
Anti‐Social
Behaviour
Order.

       

       

       2




 INTRODUCTION


       

       2.1
 This
 policy
 sets
 out
 the
 structure
 for
 dealing
 with
 persistent
 Anti‐Social
 Behaviour

              (ASB)
at
individual
case
level
throughout
Devon,
Cornwall
and
the
Isles
of
Scilly.

It
has

              been
 drafted
 following
 consultation
 with
 Partner
 agencies
 such
 as
 Local
 Authorities,

              Health,
Probation,
Education
and
Social
Services.

       

       2.2    The
 structure
 is
 intended
 to
 be
 a
 common
 basic
 framework
 of
 minimum
 standards.


              This
is
to
allow
a
flexible
and
adaptable
response
at
the
local
level
(Community
Safety

              Partnerships)
 that
 can
 take
 advantage
 of
 local
 opportunities
 and
 recognise
 local

              constraints.

It
is
not
intended
to
be
prescriptive.

This
is
in
recognition
of
the
differing

              needs
of
our
diverse
communities.

       

       2.3
 Individual
agencies
may
have
their
own
internal
mechanisms
for
dealing
with
ASB.

It

              is
 not
 intended
 that
 this
 structure
 should
 replace
 these.
 
 It
 is
 intended
 that
 this

              structure
should
form
a
framework
within
which
the
work
of
differing
agencies
can
be

              brought
 together
 to
 ensure
 that
 enforcement
 methods
 such
 as
 Anti‐Social
 Behaviour

              Orders
 are
 not
 sought
 without
 making
 use
 of
 warnings,
 support
 and
 joint

              interventions
where
appropriate.


       

       2.4
 It
 is
 intended
 that
 the
 Partnerships
 would
 use
 every
 tool
 at
 their
 disposal
 to
 offer

              persistent
 offenders
 the
 opportunity
 to
 help
 themselves.
 
 However
 if
 these
 efforts

              were
ignored,
swift
and
effective
enforcement
would
follow.

                                           uncontrolled version copy when printed
                                                              1

Response to Equality and Human Rights Commission Call for Evidence                                                 73
                                       NOT PROTECTIVELY MARKED
     

     

     2.5




 Implications


     

     2.5.1
 This
 policy
 places
 value
 on
 our
 communities
 and
 is
 aimed
 at
 increasing
 public

              confidence
in
our
service
by
use
of
a
partnership
culture
firmly
linking
this
policy
to

              the
Force
Confidence
Model.


     2.5.2     This policy has links with Devon and Cornwall Constabulary Policy Document
               D258, the Crime and Disorder Act Sections 1 and 4 Anti-Social Behaviour Orders.

     

     3




   PROCEDURES
/PRINCIPLES
/
ETHOS
OF
POLICY

     

     3.1
     The
ASB
process
begins
when
an
individual
comes
to
the
attention
of
a
partner
agency

              for
behaviour
considered
to
be
“Anti‐Social”.

This
has
been
defined
in
the
Crime
and

              Disorder
Act
1997
as
acting
in
a
manner
“likely
to
cause
harassment,
alarm
or
distress

              to
one
or
more
persons
not
in
the
same
household”
as
the
perpetrator.

     

     3.2      In the application of this policy staff are reminded of the need to comply with the
              guidance set out in the Equality of Service Delivery Policy (D243).
     

     3.3
     Stage
1


              The
partner
agency
may
use
their
own
internal
mechanisms
for
dealing
with
the
ASB.


              Referrals
 may
 have
 been
 made
 to
 other
 agencies;
 routes
 to
 receiving
 help
 (involving

              other
agencies)
may
have
been
sign
posted
for
the
individual.


However
as
a
minimum

              standard
evidence
would
be
required
that:

              • The individual (and parent/guardian where appropriate) had been contacted.
                   Note: This should be done by letter, and where appropriate by a visit in person
                   as well. The letter would provide documentary evidence of the points below.
              • It had been explained to the individual why it was felt that the behaviour was
                   unacceptable.
              • It had been explained to the individual the likely implications for the individual in
                   terms of the ASB structure if there is a recurrence of the behaviour.
              • A contact point had been given to the individual concerned for any queries.
                       

     3.4
     It
is
strongly
recommended
that
where
children
and
young
people
are
concerned
the

              Youth
Offending
Team
is
contacted
at
this
stage.

     

     3.5
     The
 Gatekeeper
 within
 the
 partner
 agency
 would
 decide
 at
 which
 point
 to
 move
 the

              escalation
process
up
to
stage
2.

     

     3.6
     Within
 BCU’s
 the
 nominated
 liaison
 officer
 will
 decide
 at
 which
 point
 to
 move
 the

              escalation
process
up
to
stage
2.


     

     3.7


 Stage
2

            At
 stage
 2
 the
 Community
 Safety
 Partnership
 ASB
 Co‐ordinator
 is
 informed.
 
 At
 this

            stage
the
minimum
standards
require
that:

            • The ASB Co-ordinator has a point of contact within the partner agency.
            • The ASB Co-ordinator is satisfied that the minimum standards at stage 1 have
                been met.
                                     uncontrolled version copy when printed
                                                        2

74                                                         Response to Equality and Human Rights Commission Call for Evidence
                                              NOT PROTECTIVELY MARKED
                •    The ASB Co-ordinator actively gathers intelligence on the individual concerned
                     from partner agencies.
                •    The ASB Co-ordinator would ensure that the individual concerned is aware of
                     the
seriousness
of
the
behaviour
in
question
and
was
aware
of
the
consequences

                     should
 this
 behaviour
 continue.
 
 This
 should
 be
 done
 by
 letter
 which,
 would

                     provide
documentary
evidence
and
reinforced
by
a
personal
visit
if
appropriate.



       

       3.8
     In
all
cases
where
a
child
or
young
person
is
involved
the
ASB
Co‐ordinator
will
inform

                the
Youth
Offending
Team
at
this
stage.

       

       3.9


 Stage
3


               This
stage
of
the
process
is
reached
if
the
ASB
persists
or
is
of
such
proportions
that

               intervention
 at
 this
 stage
 is
 required
 to
 address
 the
 behaviour
 concerned.
 
 The

               minimum
standards
at
this
stage
require
that:

               • The
individual
concerned
is
informed
by
letter
of
the
meeting/consultation.


               • A
 multi‐agency
 meeting/consultation
 takes
 place,
 where
 each
 agency
 in
 the

                   partnership
is
represented.

               • The
role
of
this
multi‐agency
forum
is
to
discuss
support
and
enforcement
that
can

                   be
brought
to
bear
and
to
offer
the
advice
and
assistance
of
the
forum
to
partner

                   agencies
as
appropriate.

               • The
 multi‐agency
 forum
 would
 be
 responsible
 for
 the
 review
 and
 monitoring
 of

                   individual
cases
at
subsequent
meetings,
until
the
problem
is
felt
to
be
resolved.

                      

       3.10
 It
is
recognised
that
a
consensus
on
the
appropriate
course
of
action
to
be
taken
may

               not
always
be
reached.

In
cases
where
such
consensus
is
not
reached
it
will
be
for
the

               statutory
 agencies
 to
 determine
 the
 course
 of
 action
 for
 fulfilling
 their
 obligations

               under
section
17
of
the
Crime
and
Disorder
Act.




       

       

       4.




 AUDIT
DECLARATION


       

       4.1     This policy has been drafted and audited in accordance with the principles of
               Human Rights legislation, the Race Relations (Amendment) Act 2000, Disability
               Discrimination Act 1995, the Policing Bureaucracy Gateway and Freedom of
               information ACT 2000. Under the Freedom of Information Act 2000, the document
               is classified as “open”.


       5.           REVIEW AND OWNERSHIP

       5.1      The owner of this policy is Commander, Territorial Policing Department who under
                Human Rights is accountable for its contents. This policy will be reviewed
                annually.




                                           uncontrolled version copy when printed
                                                              3

Response to Equality and Human Rights Commission Call for Evidence                                                 75
     Appendix J -
     Reward Flyer




76                  Response to Equality and Human Rights Commission Call for Evidence
                                                                                                                                     Recognising Excellent Work ARound Devon




                                                                                                                            Acknowledging the positive
                                                                                                                              work of young people
                                                                                                                                    in Devon
                                                                            Cover image by Sam Taylor, Holsworthy, Devon.




   How to contact
   Devon & Cornwall Police
   General Enquiries Tel: 08452 777444
   To report a crime. For information and advice

   Emergency Tel: 999
   If life is threatened, if people are injured, if offenders are nearby,
   if immediate action is required

   Minicom Tel: 01392 452935
   Crimestoppers Tel: 0800 555 111
   Call anonymously to give information about crime

   Website
   www.devon-cornwall.police.uk/generalenquiries                                                                            Building safer communities together




Response to Equality and Human Rights Commission Call for Evidence                                                                                                             77
                                                                                                     REWARD NOMINATION FORM
                                                                                                    Nominee Details (Please print in CAPS)

                                                                                                    Your Name

                      Recognising Excellent Work ARound Devon
                                                                                                    Your Position
                                                                                                    (Eg. school head, youth leader, parent/carer)




                                                                                                    Address
     Today, many young people in Devon carry
     out positive work and dedicate time to                                                                                                         Post Code
     helping others, but it often goes unnoticed.
     This can take many forms and may include                                                       Tel. Number
     voluntary work, mentoring, inspiring others,
                                                                                                    E-Mail
     helping out at a school or community event
     and so on. Whether it’s done at home or in
                                                                                                    Nominated Persons Details
     the wider community, it may be a one-off
     occurance or an ongoing dedication such                                                        Their Name                                                     Age
     as caring for a relative. The list is endless.
                                                                                                    How do you know this person:
     REWARD is a scheme that recognises and
     acknowledges the positive commitment and
     dedication of young people to others.

                                                NOMINATE A YOUNG                                    Reason for Nomination
                                                PERSON NOW...                                       (Please attach separate information to support your nomination - type of work
                                                                                                    carried out, where it was done, how it benefits others etc)

                                                Do you know a young
                                                person who deserves
                                                recognition for the positive
                                                work that they do?

                                                If so, please nominate them
                                                for REWARD using the
                                                nomination form opposite.
     The first REWARD winners

     REWARD prizes are kindly donated by partner
     agencies and organisations.

     CRITERIA
     • Nominated persons must be between 11-18 years
       at time of nomination. Proof of age may be
       requested.
     • Nominated persons must reside or be in school/
       work in Devon.
     • Nominees must be aged over 18 years.
     • Evidence of the ‘work for recognition’ may be                                                 Please hand or post your completed nomination
       required.                                                                                     to your local Neighbourhood Police Team.
     • In accepting a REWARD, nominated persons
       agree to publication deemed suitable by Devon                                                 Tel: 08452 777444
       & Cornwall Police.                                                                            Visit: www.devon-cornwall.police.uk
     For full terms and conditions please write to Karen Mandefield, Marketing Communications,       The REWARD scheme was developed by Dartmouth
     Devon & Cornwall Police, Rosemoor Court, Pynes Hill, Exeter EX2 5TU                             Neighbourhood Police Team.




78                                                                                               Response to Equality and Human Rights Commission Call for Evidence
    Appendix K -
    Magic Carpet




Response to Equality and Human Rights Commission Call for Evidence   79
     2nd November 2009                        For INFO ONLY

     Dear

                                                Say No..

     Magic Carpet is an Exeter based charity that supports people with disabilities to achieve
     with their lives through creativity. We have over 25 years experience of working creatively
     with a wide range of people from different sections of the community including people with
     learning disabilities and those with mental health issues

     I would like to tell you about a brand new project that we have full funding for and hope that
     it will benefit your students through the Personal, Social and Health Education and
     Citizenship agendas.

     Say No.. will
      Work with adults with a learning disability enabling them to form their positive and
     negative
         experiences of living within our community into a film and performance.
      Address the issues that concern people with a learning disability.
      Work closely with Emma Stacey, the Devon and Cornwall Police Diversity Officer.
      The performance and film will depict their actual experiences of living in Exmouth. We
     will offer
         the performance and film FREE to schools in the Exmouth area.

     I am sure you are aware that people with learning disabilities are amongst the most
     vulnerable members of our society. Their abilities to work, live independently and have
     quality social lives are severely limited by their disability and by the perception their
     community has of them.

     A project of this nature will take time to rehearse and within 12 months this new group
     should be ready to share their experiences and tour with the show.

     We have an offer of two years funding for this exciting project from a major National trust,
     one of the conditions of the grant is that we require a letter from schools stating they will be
     happy for us to take this show into their school. I hope you agree Say No… will be a
     positive experience for your students and you will support this project initially by providing a
     letter stating your school would be happy to take part in our new project.

      This will enable us to begin the rehearsals and to look forward to bringing our show to your
     school.

     I would be very happy to answer any questions you may have, all my contact details are
     below.

     Many thanks and best wishes

     Robert Wynne
     Chief Executive

                      The Scrapstore, Gordon Road, Belmont Park, Exeter EX1 2DH
                      Tel and Fax: 01392 422938 email: info@magiccarpet-arts.co.uk
         Registered Charity Number 1122778 and Company Limited by Guarantee Number 6457745
                                  www.magiccarpet-arts.org.uk

80                                                    Response to Equality and Human Rights Commission Call for Evidence
    Appendix L -
    Equality Monitoring Report




Response to Equality and Human Rights Commission Call for Evidence   81
82




                                                                                            EQUALITY MONITORING REPORT
Response to Equality and Human Rights Commission Call for Evidence




                                                                                                          April 2009 to June 2009




                                                                     Prepared by Performance Analysis Dept.                         08/09/10
Response to Equality and Human Rights Commission Call for Evidence


                                                                                                              EQUALITY & DIVERSITY GROUP

                                                                                                                Organisational Learning Database
                                                                                                                   Recommendation Summary

                                                                                     Review Title                   No of Recs                Recommendation Detail
                                                                                                                                 Recommendation 1: To implement the ‘True Vision’
                                                                         Baseline Assessment 2006                       1        third party reporting scheme. (Owner - Brendan
                                                                                                                                 Brookshaw)
                                                                                                                                 Recommendation         2008/07/21:    Partnership
                                                                         HMIC Major Crime                               1        agreements need to be reviewed on a regular basis.
                                                                                                                                 (Owner - Brendan Brookshaw)
                                                                         Disability Equality Scheme (DES)               16       Recommendations suspended**
                                                                         Gender Equality Scheme (GES)                   4        Recommendations suspended**
                                                                                                        Total:          22

                                                                         WORK IN PROGRESS:

                                                                     •  The Force is acting as a pilot Force for the new NPIA Equality Standard for the Police Service ahead of the
                                                                     formal launch of the standard, which is due in October 2009. We are not piloting our level of compliance with the
                                                                     standard, merely the methodology to be used. All Forces will move towards compliance after the launch date.

                                                                     •  ** As a consequence of this work the Disability and Gender Equality Scheme recommendations have been
                                                                     suspended and once the Standard has been launched these recs will be cross referenced to the new
                                                                     recommendations from the Standard.




                                                                     Prepared by Performance Analysis Dept.                                                             08/09/10
83
84




                                                                     CONTENTS:
                                                                                                                          SD Rate for Racially/Religiously Aggravated Crimes
                                                                     Key Issues                                     1                                               16
                                                                     The Data                                       2-3   SD Rate for Homophobic Crimes             17
                                                                                                                          SD Rate for Disabilist Crimes             18
                                                                     Citizen Focus:                                       SD Rate for Vulnerable Persons            19
                                                                     Comparative Satisfaction of Victims of Crime   4     Arrest Rate                               20
                                                                     Satisfaction of Victims of Racist Incidents    5     Positive Disposal Rate                    21
                                                                     Public Confidence in the Police                6     Charging Rate                             22
                                                                     Dealing with Things that Matter                7     Cautioning Rate                           23
                                                                     Complainants Making Public Complaints          8     Fixed Penalty Notices Issued              23
                                                                                                                          No Further Action Rate                    24
                                                                     Tackling Crime:                                      Stop & Account                            25
                                                                     Victims of All Crime                           9     Stop & Search                             26
Response to Equality and Human Rights Commission Call for Evidence




                                                                     Domestic Abuse Victims                         10    Stop Search Arrest Rate                   27
                                                                     Sexual Offences Victims                        11    Breath Tests Administered                 28
                                                                     Hate Incidents                                 12
                                                                                                                          Resource Usage:
                                                                     Investigating Crime:                                 Staffing Profile                              29
                                                                     Sanction Detections                            13    Resignations                                  30
                                                                     SD Rate for Sexual Offences                    14    Bonuses Awarded                               31
                                                                     SD Rate for Violence against the Person        15    Recruitment Process                        32-33
                                                                                                                          Employees Subject to Complaints       34




                                                                     Prepared by Performance Analysis Dept.                                                 08/09/10
                                                                     KEY ISSUES:
Response to Equality and Human Rights Commission Call for Evidence




                                                                     CITIZEN FOCUS:
                                                                     • BME respondents are less satisfied with the overall service provided by the police than white respondents, a
                                                                       difference of 6.7 percentage points, as well as being less satisfied for the other four drivers of satisfaction.
                                                                       These drivers are Ease of Contact, Action Taken, Follow up treatment and overall Experience.
                                                                     • The satisfaction levels of victims of racist incidents are deteriorating at 77.6%, below the Force target of 86%.
                                                                     TACKLING CRIME:
                                                                     • The difference between White and BME groups victimisation has decreased in April 2009 – June 2009.


                                                                     INVESTIGATING CRIME:
                                                                     • The disparity between the sanction detection rate for BME victims and White victims has narrowed to 0.3
                                                                       percentage point difference.
                                                                     • The sanction detection rate for all sexual offences for both males and females has increased, although to a
                                                                       greater extent for male victims. The male sanction detection rate is higher than for females for all sexual
                                                                       offences.
                                                                     • The sanction detection rates for BME victims of violence against the person offences have increased by 2.8
                                                                       percentage points (to 21.4%) narrowing the disparity with White victims to 5.6 percentage points (to 18.7%).
                                                                     • People from a BME background were arrested 1.4 times more often than White people, and Black persons
                                                                       were arrested 2.4 times more often than Whites. See additional analysis report for more detail.
                                                                     • White persons have higher cautioning and charging rates than those from the BME group, who have slightly
                                                                       higher NFA rates.

                                                                                                                                                                                       1
85
86




                                                                     RESOURCE USAGE:
                                                                     • The number of female police officers has increased year to date compared to last year to date. The number
                                                                       of PCSO and Police staff has fallen slightly against the same period for last year with the proportion of
                                                                       females higher than Police officers.


                                                                     THE DATA:
                                                                     There are two periods of data contained in this report unless otherwise specified:
                                                                                            1st April 2008 – 30th June 2008 and 1st April 2009 – 30th June 2009


                                                                     The analysis of crimes only looks at crimes where the victim is a person; therefore all victimless crimes have
                                                                     been removed.
Response to Equality and Human Rights Commission Call for Evidence




                                                                     All data are captured using the 16+1 Ethnic Classification System used in the 2006 Office of National Statistics.
                                                                     For the purpose of this report, and for ease of interpretation by the reader, this data has been summarised into
                                                                     five major ethnic categories.

                                                                     White: British, Irish, Any other White backgrounds.
                                                                     Black: Caribbean, African, Any other Black backgrounds.
                                                                     Asian: Indian, Pakistani, Bangladeshi, and any other Asian background.
                                                                     Chinese/Other: Chinese, Any other Ethnic group.
                                                                     Mixed: White and Black Caribbean, White and Black African, White and Asian, Any other Mixed background.
                                                                                                                                                                                    2
Response to Equality and Human Rights Commission Call for Evidence




                                                                                                    Ethnic Group     Population        Percentage of
                                                                                                                                       Population
                                                                                                    White            1,598,300         96.9%
                                                                                                    Black            9,200             0.56%
                                                                                                    Asian            14,900            0.90%
                                                                                                    Chinese/Other    12,400            0.75%
                                                                                                    Mixed            13,800            0.84%
                                                                                                    Total            1,648,600



                                                                     The categories of Black, Asian, Chinese/Other and Mixed are grouped together under the term BME (Black or
                                                                     Minority Ethnic). Should the numbers within these sub-groups be too small for accurate comparison, they will be
                                                                     left out of the analysis and only White and BME will be analysed. The term Unknown has replaced the
                                                                     previous usage of ‘Not Stated’ and ‘Not Recorded’ as there are issues regarding the current usage of these
                                                                     terms in data recording. The ethnicity classification reflects the persons’ self-classification, i.e. which ethnic
                                                                     category they believe that they belong to.
                                                                     The recording of 16+1 Ethnicity data on the Force crime system is mandatory. Where the victim does not wish to
                                                                     provide the data they are recorded as Unknown.

                                                                     The statistics produced by the Home Office use 2001 Census information and will thus differ from any population
                                                                     figures within this report.

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                                                                                       COMPARATIVE SATISFACTION OF VICTIMS OF CRIME
                                                                                                                            July 2008 – June 2009
                                                                                                            BME                             White                Percentage
                                                                                                     No. of            %             No. of          %              Point
                                                                                                  Respondents       Satisfied     Respondents     Satisfied      Difference
                                                                            Ease of contact           114            90.9%            1487         94.7%             3.9
                                                                             Actions taken            196            74.9%           2,324         80.3%             5.4
                                                                               Follow up              184            73.1%           2,228         73.2%             0.1
                                                                              Treatment               184            88.7%           2,264         94.9%             6.3
                                                                                 Whole
                                                                                                      198            75.7%            2,354          82.4%            6.7
                                                                              Experience

                                                                     In the 12-month period to June 2009, there exists a 6.7 percentage point difference between the overall
                                                                     satisfaction levels of BME respondents and white respondents. This gap has closed in recent months.
                                                                     Satisfaction rates are also higher for white respondents than for BME respondents for the other four drivers of
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                                                                     satisfaction. Please note that the figures for the percentage satisfied above, are calculated by taking an
                                                                     average of the five satisfaction levels relating to the five crime types for which we survey.




                                                                                                                                                                                       4
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                                                                                         SATISFACTION OF VICTIMS OF RACIST INCIDENTS
                                                                                                                              July 2008 – June 2009
                                                                                                                     Number        Number of
                                                                                                                                                % Satisfied
                                                                                                                     Satisfied Respondents

                                                                                                     White              80           107           74.8%
                                                                                                      BME              133           168           79.2%
                                                                                                   ‘Unknown’            47            60           78.3%
                                                                                               All Respondents         260           335           77.6%


                                                                     There is a 4.4 percentage point difference between the overall satisfaction level of white respondents who
                                                                     have been the victim of a racist incident and BME respondents. The satisfaction level of white respondents is
                                                                     showing a deteriorating trend whilst the BME satisfaction level is now stable compared to the last quarter.
                                                                     Devon & Cornwall Constabulary has a target in 2009/10 ‘to exceed 86% of victims of racist incidents who are
                                                                     satisfied with the overall service provided by the police’. In the 12 months to June 2009 the satisfaction level
                                                                     is 77.6% with an overall deteriorating trend in performance, although there has been an improvement in the
                                                                     last two months. In the 12 months to March 2009, Devon & Cornwall Constabulary held the 25th highest
                                                                     satisfaction rate for victims of racist incidents nationally (out of 43 force areas).




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                                                                                                      PUBLIC CONFIDENCE IN THE POLICE
                                                                       Taking everything into account, how good a job do you think the Police in this area are doing?

                                                                                                                           July 2008 - June 2009
                                                                                                     Number who agree police                     % who agree police are
                                                                                                                                 Number of
                                                                                                       are doing a good or                      doing a good or excellent
                                                                                                                                Respondents
                                                                                                          excellent job                                   job
                                                                                       Male                    395                  559                  70.7%
                                                                                      Female                   628                  787                  79.8%
                                                                                     Disability                147                  197                  74.6%
                                                                                    No Disability              872                 1144                  76.2%
                                                                                       16-24                    51                   67                  76.1%
                                                                                       25-64                   632                  850                  74.4%
                                                                                        65+                    336                  423                  79.4%
                                                                                       White                  1004                 1319                  76.1%
                                                                                       BME                      6                     6                  100%
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                                                                     Female respondents agreed with the statement more than male respondents did (a 9.1 percentage point difference).
                                                                     This difference is statistically significant. None of the other differences are significant (that is they could have been
                                                                     arrived at merely by chance and cannot be said to represent real difference in the population)




                                                                                                                                                                                          6
                                                                                         DEALING WITH THE ASB AND CRIME THAT MATTERS
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                                                                         The Police and Council* in this area are dealing with the Anti-Social Behaviour (ASB) and crime that matters?
                                                                                                                              July 2008 - June 2009
                                                                                                           Number who               Number of
                                                                                                                                                         % who agree
                                                                                                               Agree               Respondents
                                                                                          Male                  404                    520                  77.7%
                                                                                         Female                 567                    701                  80.9%
                                                                                        Disability              143                    183                  78.1%
                                                                                       No Disability            816                   1026                  79.5%
                                                                                          16-24                  54                     65                  83.1%
                                                                                          25-64                 587                    768                  76.4%
                                                                                           65+                  320                    378                  84.7%
                                                                                          White                 944                   1188                  79.5%
                                                                                          BME                    6                       6                  100%


                                                                     This public survey question is that used by the Home Office as the single top down target. The Force has a target
                                                                     to achieve a 84% level who agree with the statement, and current performance is stable at 80%.

                                                                     Respondents aged 25 – 64 have a significantly lower level of agreement with this statement than people in other
                                                                     age groups (between 6.7 and 8.3 percentage point difference). None of the other differences between strands are
                                                                     significant.

                                                                     Extended sampling to boost the sample for BME respondents occurs. * This question was amended in December
                                                                     2008 to include the words “and Council”, in line with the proposed single top down target.




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                                                                                             COMPLAINANTS MAKING PUBLIC COMPLAINTS
92




                                                                                                   April 2008 – June 2008                            April 2009 – June 2009
                                                                                                                        Per 1,000                                          Per 1,000
                                                                                           Complainants Population                          Complainants    Population
                                                                                                                       Population                                         Population
                                                                           White              254          1,598,300       0.2                 242          1,598,300         0.2
                                                                            BME                16           50,300         0.3                   6            50,300          0.1
                                                                         ‘Unknown’             10                                               67
                                                                             All              280          1,648,600       0.2                 315          1,648,600         0.2
                                                                        Complainants

                                                                     There has been a 12.5% increase in the number of people making public complaints in April 2009 – June 2009
                                                                     compared to April 2008 – June 2008, with a total of 315 complainants. The number of BME complainants has
                                                                     decreased from 16 to 6, whilst the number of White complainants has also decreased from 254 to 242. The difference
                                                                     for complaints per 1,000 population between White and BME groups has decreased from +0.1 to –0.1 per 1,000 in April
                                                                     2009 – June 2009, largely due to the decrease in BME complainants.
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                                                                     For BME complainants, 46.6% related to ‘Other neglect or failure of duty’, 33.3% related to ‘Incivility, politeness and
                                                                     intolerance’, and 13.3% of complaints related to ‘Discriminatory behaviour’ and 6.7% to assaults. For White
                                                                     complainants 33.3% of complaints related to ‘Other neglect or failure of duty’, 20.4% related to ‘Incivility, politeness and
                                                                     intolerance’, 12.0% to ‘Oppressive conduct or harassment’ and 9.0% to assaults.

                                                                     Please note that the above figures are based on the date the allegation was received. This may influence the number of
                                                                     complainants of Unknown ethnicity as a complainants personal characteristics, such as age, gender, ethnicity and
                                                                     occupation are usually only recorded later on in the process, rather than on receipt of complaint.

                                                                     The allegation category ‘discriminatory behaviour’ covers ‘acts toward an individual that a person serving with the police
                                                                     may have come into contact with whilst on or off duty, which amount to an abuse of authority or maltreatment. This
                                                                     includes acts committed on grounds of another person’s nationality or ethnicity, sexual orientation, disability, age or
                                                                     religion’. In April 2009 – June 2009, there have been 3 allegations of ‘discriminatory behaviour’, two less than in the
                                                                     same time period last year. Two of the allegations concerned racism, in that the complainant felt that they were treated
                                                                     in a particular manner because of their race or nationality, and one allegation concerned homophobia.

                                                                     Year to date, one discriminatory behaviour allegation has been resolved – the allegation was unsubstantiated, in that 8
                                                                     following an investigation there was insufficient evidence to prove the allegation.
                                                                                                            VICTIMS OF ALL CRIME
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                                                                                                      April 2008 – June 2008                        April 2009 – June 2009
                                                                                             Victims of                                    Victims of
                                                                                                                             Per 1,000                                   Per 1,000
                                                                                             Recorded         Population                   Recorded        Population
                                                                                                                            Population                                   Population
                                                                                               Crime                                         Crime
                                                                            White             16,046          1,598,300        10.0         15,855         1,598,300        9.9
                                                                            Black                44             9,200           4.8            62            9,200          6.7
                                                                            Asian                83            14,900           5.6           102           14,900          6.8
                                                                            Mixed                42            13,800           3.0            34           13,800          2.5
                                                                            Other                52            12,400           4.2            45           12,400          3.6
                                                                             BME                221             50,300          4.4           243           50,300          4.8
                                                                         ‘Unknown’             2,449                                         2,216
                                                                         All Victims          18,716          1,648,600        11.4         18,314         1,648,600       11.1

                                                                     There has been a 2.1% reduction in the number of victims of recorded crime in April 2009 – June 2009
                                                                     compared to April 2008 – June 2008, 402 fewer victims. Whilst the number of white victims has reduced by
                                                                     1.2%, BME victims have increased by 9.9% (an increase of 22 crimes against last year).

                                                                     BME victims accounted for 1.3% of all victims of recorded crime in April 2009 – June 2009, below the 2006
                                                                     Ethnic Population Estimate figures where BME people account for 3.0% of the population in Devon &
                                                                     Cornwall.

                                                                     The difference between White and BME groups victimisation has decreased in April 2009 – June 2009. The
                                                                     difference was 5.6 per 1,000 population in April 2008 – June 2008 and is now 5.1. This is due to a fall in white
                                                                     victimisation and an increase in BME victimisation.

                                                                     In April 2009 – June 2009 males were the victims of crime 1.1 times more often than females, an increase by
                                                                     0.1 against the previous year (April 2008 – June 2008).




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                                                                                                      DOMESTIC ABUSE VICTIMS
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                                                                                                             April 2008 – June       April 2009 – June
                                                                                                                    2008                    2009
                                                                                                           Incidents    % of DA    Incidents    % of DA
                                                                                                           Recorded Incidents      Recorded Incidents
                                                                                              White          6,602        85.9       5,749        82.5
                                                                                               BME            49           0.6         37          0.5
                                                                                           ‘Unknown’         1,036        13.5       1,179        16.9
                                                                                           All Victims       7,687                   6,965

                                                                     The number of victims of domestic abuse incidents has decreased by 9.4% in April 2009 – June 2009
                                                                     compared to April 2008– June 2008, 722 fewer victims. The number of White victims has decreased by
                                                                     853, 12.9%. As a proportion of all DA incidents it has decreased by 3.4 percentage points. Within the
                                                                     same period the number of BME victims has decreased by 12, (24.5%). The number of victims whose
                                                                     ethnicity is ‘unknown’ has increased by 143, 13.8% and accounts for 16.9% of all victims.
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                                                                     Females were the victims of domestic abuse incidents over 3.2 times more often than males were in April
                                                                     2009 – June 2009.




                                                                                                                                                                               10
Response to Equality and Human Rights Commission Call for Evidence



                                                                                                     SEXUAL OFFENCES VICTIMS
                                                                                                      April 2008 – June 2008          April 2009 – June 2009
                                                                                                    Crimes        % of Sexual       Crimes        % of Sexual
                                                                                                   Recorded Offences Victims       Recorded Offences Victims
                                                                                      White          236             63.3            291              67.4
                                                                                       BME             1              0.3              2              0.5
                                                                                   ‘Unknown’         136             36.5            137              31.7
                                                                                   All Victims       373                             430

                                                                     The number of victims reporting sexual offences in Devon & Cornwall has increased by 15.3%, 57 more
                                                                     victims. The number of BME victims has recorded an increase on the previous year (2 recorded between
                                                                     April and June 2009; 1 recorded in April – June 2008), whilst the number of Unknown victims has
                                                                     increased by 0.7% or by 1 more victim. The recording of 16+1 ethnicity data on the Force crime recording
                                                                     system is mandatory, where the data is not recorded or the victim does not wish to provide it, this is
                                                                     recorded as Unknown. The largest increase is within the category of ‘White’, which has increased by
                                                                     23.3% or 55 more victims and now accounts for 32.3% of all sexual offence victims.

                                                                     Females were the victims of sexual assaults 8.4 times more often than males were in April 2009 – June
                                                                     2009.




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                                                                                                           HATE INCIDENTS
                                                                                                           April 2008             April 2009          % Change
                                                                           Racist Incidents                    67                    105                 56.7
                                                                           Homophobic Incidents                16                     25                 56.2
                                                                           Disabilist Incidents                 0                      6                  0.0
                                                                           Transphobic Incidents                1                      2                100.0
                                                                           Faith Incidents                      0                      1                  0.0

                                                                     Due to staffing issues, there is currently a backlog of MO Coding for offences, and hence data is only
                                                                     available for April 2009.

                                                                     In total there have been 139 Hate incidents recorded in Devon & Cornwall in April 2009, an increase of
                                                                     65.5% on last year (55 more crimes). The majority of these (75.5%) are Racist incidents. Compared to
                                                                     the previous year (April 2008) the number of racist incidents has increased by 56.7%, 38 more offences.
                                                                     In 2008/9 there was a decreasing trend in the number of hate, racist and homophobic incidents. Should
Response to Equality and Human Rights Commission Call for Evidence




                                                                     current trends continue, further examination of the causes will be investigated.

                                                                     The number of Homophobic incidents has increased by 56.2%, 9 more incidents on the previous year.

                                                                     A total of 6 Disablist incidents were recorded between April 2009, while for the same period last year no
                                                                     incidents was recorded.




                                                                                                                                                                             12
                                                                                                        SANCTION DETECTION RATE
Response to Equality and Human Rights Commission Call for Evidence




                                                                                                          April 2008 – June 2008               April 2009 – June 2009
                                                                                                     Crimes        Crimes    Detection    Crimes        Crimes    Detection
                                                                                                    Recorded      Detected     Rate      Recorded Detected          Rate
                                                                                         White       16,046         2946      18.4%       15,855         2965      18.7%
                                                                                         Black         44             7       15.9%         62            15       24.2%
                                                                                         Asian          83            12      14.5%         102           16       15.7%
                                                                                         Mixed          42            7       16.7%          34           15       44.1%
                                                                                         Other         52            14       26.9%         45             6       13.3%
                                                                                          BME          221           40       18.1%         243           52       21.4%
                                                                                      Unknown         2,449          557      22.7%        2,216         515       23.2%
                                                                                      All Victims    18,716         3543      18.9%       18,314        3,532      19.3%

                                                                     The total crime sanction detection rate for victims of recorded crime has increased by 0.4 percentage points in
                                                                     April 2009 – June 2009 compared to April 2008 – June 2008, to a sanction detection rate of 19.3%.

                                                                     Note the overall sanction detection rate for crime is 28.7%, with an improving trend in performance. The data
                                                                     above only applies to identifiable members of the public who are victims, i.e. where 16+1 ethnicity and gender are
                                                                     recorded. Companies/Businesses and crimes against the Force (Regina offences) are excluded.

                                                                     The sanction detection rate for White victims increased by 0.3 percentage points to 18.7%.

                                                                     The BME sanction detection rate increased by 3.3 percentage point compared to the same period last year. Two
                                                                     BME groups have recorded an increase in sanction detection rates, Black, +8.3 percentage points, and Mixed,
                                                                     +27.4. Asian increased by 1.2 percentage points and Other decreased by 13.6 percentage points. The rate for
                                                                     Black and Mixed victims is now above that for White victims, that for Mixed victims being the highest of all the
                                                                     ethnic groups. The rate for victims from Other backgrounds is the lowest at 13.3%.

                                                                     In April 2008 – June 2008 the sanction detection rate for BME victims of crime was below that for White victims,
                                                                     with a difference of 0.3 percentage points. In April 2009 – June 2009, the rate was higher with a difference in the
                                                                     sanction detection rate of 2.7 percentage points.

                                                                     In April 2009 – June 2009, the sanction detection rate for female victims (19.9%) was higher than that for male
                                                                     victims (18.8%). The females rate has increased by 3.1 percentage points compared to April 2008 – June 2008,
                                                                     the male victim rate has decreased by 0.3 percentage points.                                                    13
97
                                                                                     SANCTION DETECTION RATE FOR SEXUAL OFFENCES
98




                                                                                                               April 2008 –June 2008               April 2009 – June 2009
                                                                                                           Crimes      Crimes    Detection      Crimes     Crimes    Detection
                                                                                                          Recorded Detected        Rate        Recorded Detected        Rate
                                                                                             Female         137          28       20.5%          150         31        20.6%
                                                                               Sexual
                                                                                               Male          32           3        9.4%           18          5        27.8%
                                                                               Assault
                                                                                           All Victims      169          31       18.3%          168         36        21.4%
                                                                                             Female          95          15       15.7%          127         27        21.3%
                                                                                Rape           Male          15           2       13.3%           13          4        30.8%
                                                                                           All Victims      110          17       15.5%          140         31        22.1%
                                                                                             Female         314          64       20.4%          386         78        20.2%
                                                                             All Sexual
                                                                                               Male          63          11       17.5%           46         19        41.3%
                                                                             Offences
                                                                                           All Victims      377          75       19.9%          432         97        22.5%

                                                                     The sanction detection rate for victims of sexual assaults has increased by 2.4 percentage points in April 2009 –
                                                                     June 2009. The rate for female victims of a sexual assault is now higher than that for male victims. While the
                                                                     female rate for April 2009 – June 2009 is stable compared to the previous year, there has been an increase of
Response to Equality and Human Rights Commission Call for Evidence




                                                                     18.4 percentage points in the male sexual assault rate.

                                                                     The sanction detection rate for victims of rape has increased by 6.6 percentage points year to date. There are
                                                                     noticeably fewer recorded male rapes than females, with the sanction detection rate for males at 6.6 percentage
                                                                     points higher than for females. Compared to April 2008 – June 2008, the sanction detection rate for male rape has
                                                                     increased by 17.5 percentage points and the female rape rate by 5.6 percentage points, with the number of
                                                                     detections for female victims.

                                                                     For all sexual offences, the sanction detection rate for all victims has increased by 2.6 percentage points. This is
                                                                     primarily due to the 23.8 percentage points increase in the rate for male victims, whilst the female rate has
                                                                     decreased by 0.2 percentage point.




                                                                                                                                                                                            14
                                                                          SANCTION DETECTION RATE FOR VIOLENCE AGAINST THE PERSON
Response to Equality and Human Rights Commission Call for Evidence




                                                                                                       April 2008 – June 2008            April 2009 – June 2009
                                                                                                   Crimes      Crimes               Crimes
                                                                                                                         Detectio                 Crimes    Detectio
                                                                                                   Recorde Detected                 Recorde
                                                                                                                          n Rate                 Detected   n Rate
                                                                                                       d                                d
                                                                                        White       3,658       1,595     43.6%      4,012        1,611      40.2%
                                                                                        Black         23          5       21.7%        38           12       31.6%
                                                                                        Asian         32          7       21.9%        35            9       25.7%
                                                                                        Mixed         11          4       36.4%        15           12       80.0%
                                                                                        Other         19          11      57.8%        16            3       18.6%
                                                                                        BME           85          27      31.8%       104           36       34.6%
                                                                                       Unknown       863         299      34.6%       769          253       32.9%
                                                                                         All        4,606       1,921     41.7%      4,885        1,900      38.9%

                                                                                        Female      2,231       944       42.3%      2,248        919       40.9%
                                                                                         Male       2,375       977       41.1%      2,637        981       37.2%

                                                                     There has been a 6.1% increase in the number of victims of violence against the person offences, 279 more
                                                                     victims. The number of violence against the person White victims has decreased by 9.7% (to 4,012) in April 2009
                                                                     – June 2009, the number of BME victims by 22.3% (to 104). The number of victims for all of the ethnic groups has
                                                                     increased, the highest change being for the Black victims, 15 crimes, +65.2%. The number of BME victims in April
                                                                     2009 – June 2009 has increased by 22.3%.

                                                                     The sanction detection rate for victims of violence against the person has decreased by 2.8 percentage points to
                                                                     38.9%. The rate for White victims has decreased by 3.4 percentage points, but the rate for BME victims has
                                                                     increased by 2.8 percentage points. Black and Mixed show large increases, 9.9 and 43.6 percentage points
                                                                     respectively. But this is offset by large decreases in other the rate for other BME groups.

                                                                     The sanction detection rate for female victims of violence against the person remains higher than that for male
                                                                     victims. The difference in sanction detection rates between the two genders was 1.2 percentage points and is now
                                                                     3.7 percentage points. Both male and female rates have decreased by 1.4 percentage points and 3.9 percentage
                                                                     points respectively.

                                                                                                                                                                                        15
99
                                                                            SANCTION DETECTION RATE FOR RACIALLY/RELIGIOUSLY AGGRAVATED
100




                                                                                                      CRIMES
                                                                                                        April 2008 – June 2008               April 2009 – June 2009
                                                                                                     Crimes     Crimes     Detection    Crimes      Crimes      Detection
                                                                                                    Recorded Detected        Rate      Recorded Detected          Rate
                                                                                        White          68          12       17.6%         72          27         37.5%
                                                                                         BME           46          12       26.0%         61          14         23.0%
                                                                                     Unknown           34           8       23.5%         41          12         29.3%
                                                                                     All Victims      148          32       21.6%        174          53         30.5%


                                                                     There has been an 8.9 percentage point increase in the sanction detection rate for victims of racially/religiously
                                                                     aggravated crimes in April 2009 – June 2009 compared to April 2008 – June 2008. The sanction detection rate for white
                                                                     victims has increased by 19.9 percentage points, while that for BME victims has decreased by 3.0 percentage points. The
                                                                     difference between the two ethnicities has also increased from 8.4 percentage points to 14.5 percentage points.
Response to Equality and Human Rights Commission Call for Evidence




                                                                                                                                                                                     16
Response to Equality and Human Rights Commission Call for Evidence



                                                                                         SANCTION DETECTION RATE FOR HOMOPHOBIC CRIMES
                                                                                                        April 2007 – March 2008             April 2008 – March 2009
                                                                                                     Crimes      Crimes Detection       Crimes      Crimes     Detection
                                                                                                    Recorded Detected        Rate      Recorded Detected         Rate
                                                                                         Female        28           9       32.1%         20           7        35.0%
                                                                                          Male         72          22       30.6%         60          21        35.0%
                                                                                           All        100          31       31.0%         80          28        35.0%
                                                                                         Victims

                                                                     Due to a backlog in the recording of MO codes on the Force crime system, the source of all hate crime data, only April
                                                                     2009 data is available at this time. For this reason the data for April 2008 – March 2009 and the previous year is shown in
                                                                     the comparison table above. In addition to this, there have been 11 homophobic crimes recorded in April 2009, 3
                                                                     detected (27.3%), compared to 12 crimes, 5 detected (41.7%) in the previous year.

                                                                     The number of victims of homophobic crimes decreased by 20, 20.0%, in April 2008 – March 2009, whilst the sanction
                                                                     detection rate increased by 4.0 percentage points compared to April 2007 – March 2008. The sanction detection rate for
                                                                     male victims similarly increased by 4.4 percentage points, for female victims 3.9 percentage points. The sanction
                                                                     detection rates for homophobic crimes should be interpreted with caution due to the small number of crimes involved.




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                                                                                           SANCTION DETECTION RATE FOR DISABILIST CRIMES
                                                                                                  April 2007 – March 2008                April 2008 – March 2009
                                                                                               Crimes      Crimes    Detection       Crimes       Crimes    Detection
                                                                                              Recorded Detected        Rate         Recorded Detected         Rate
                                                                                                 24           5       20.8%             9            5       55.6%

                                                                     Due to the backlog explained previously, data for April 2008 – March 2009 and the previous year is shown in the
                                                                     comparison table above. In addition to this 2 disablist crimes were recorded in April 2009, 0 detected, compared to 2
                                                                     crimes, 1 detected (50.0%) in the previous year.

                                                                     15 fewer offences have been recorded in April 2008 – March 2009 compared to April 2007 – March 2008. The sanction
                                                                     detection rate increased by 34.8% percentage points, but the number of crimes detected remained the same.
                                                                     The sanction detection rates for disablist crimes should be interpreted with caution due to the small number of crimes
                                                                     involved.
Response to Equality and Human Rights Commission Call for Evidence




                                                                     Please note that the disabilist crime figures are based on those with the MO code ‘OQ17’, which relates to the motive of
                                                                     the crime. The victim would be specifically selected due to the offender’s feelings about their disability as opposed to, for
                                                                     example, where the vulnerable victim is disabled but the offender did not know this.




                                                                                                                                                                                           18
Response to Equality and Human Rights Commission Call for Evidence



                                                                                       SANCTION DETECTION RATE FOR VULNERABLE PERSONS
                                                                                                  April 2007 – March 2008               April 2008 - March 2009
                                                                                               Crimes      Crimes    Detection       Crimes     Crimes     Detection
                                                                                              Recorded Detected        Rate         Recorded Detected        Rate
                                                                                               17,291       2,469     14.3%          15,640      2,403      15.4%

                                                                     Due to the backlog explained previously, data for April 2008 – March 2009 and the previous year is shown in the
                                                                     comparison table above. Additionally 2,077 victims identified as being vulnerable persons were recorded in April 2009,
                                                                     176 detected, (8.5%), compared to 2,832 crimes, 225 detected (7.9%) in the previous year.

                                                                     The sanction detection rate for victims identified as being vulnerable persons has increased by 1.1 percentage points in
                                                                     April 2008 to March 2009 compared to the previous year. The number of victims recorded has decreased by 1651,
                                                                     9.5%.

                                                                     Please note that the vulnerable persons crime figures are based on all the ‘VR’ MO codes, which include children,
                                                                     elderly/frail, homeless, in care, pregnant, in drink/drugs, asleep, physically impaired, mentally impaired, ethnic minority,
                                                                     homosexual, transgender/transsexual and international victims (such as visiting students). The physically impaired and
                                                                     mentally impaired MO coded crimes will also appear in the disabilist crime figures above, but only where the motive of
                                                                     the crime is also disabilist.




                                                                                                                                                                                           19
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                                                                                                                      ARREST RATE
                                                                                                            April 2008 – May 2008             April 2009 – May 2009
                                                                                                                             Per 1,000                         Per 1,000
                                                                                                       Arrests Population                Arrests Population
                                                                                                                            Population                        Population
                                                                                            White      5,649     1,598,300      3.5      6,651      1,598,300     4.2
                                                                                            Black        91         9,200       9.9        92           9,200    10.0
                                                                                            Asian        60        14,900       4.0        70          14,900     4.7
                                                                                            Mixed        60        13,800       4.3        79          13,800     5.7
                                                                                            Other        49        12,400       4.0        55          12,400     4.4
                                                                                             BME        260        50,300       5.2       296          50,300     5.9
                                                                                         Unknown        982                               272
                                                                                         All Arrests   6,891     1,648,600      4.2      6,971     1,648,600      4.2
                                                                     The number of arrests per 1,000 of the population has stayed the same in April 2009 – May 2009 compared to April
                                                                     2008 – May 2008. There has however been an increase in the number of arrests against White and BME persons
                                                                     per 1,000 of the population. This is due to the reduction in the number of Unknown ethnic backgrounds of those
                                                                     being arrested, due to improved data recording practices in the new NSPIS Custody system.
Response to Equality and Human Rights Commission Call for Evidence




                                                                     There has been an increase of 0.7 per 1,000 of the population in the number of people arrested from a BME
                                                                     background. All BME ethnic groups have seen an increase; the highest is seen from the Mixed background, up 1.4
                                                                     percentage points. Black background arrests has risen slightly by 0.1 arrests per 1,000 population (to 10.0).

                                                                     The 2006 population estimates showed that 3.5% of the Devon & Cornwall population chose BME as their ethnicity.
                                                                     In April 2009 – May 2009, 4.3% of those arrested chose their ethnicity as BME. The arrest rates per 1,000 of the
                                                                     population for all groups within the BME category are higher than those who chose White as their ethnicity.

                                                                     People from a BME background were arrested 1.4 times more often than White people were in April 2009 – May
                                                                     2009, compared to 1.5 times more likely in April 2008 – May 2008.

                                                                     Males were arrested 4.8 times more often than females in Devon & Cornwall in April 2009 – May 2009.

                                                                     However see additional analysis report for more detail.                                                    20
Response to Equality and Human Rights Commission Call for Evidence



                                                                                                           POSITIVE DISPOSAL RATE
                                                                                                                           April 2009 – May 2009
                                                                                                                                            Positive
                                                                                                                                 Positive
                                                                                                                       Arrests             Disposal
                                                                                                                                 Disposal
                                                                                                                                              Rate
                                                                                                            White      6,651      3,283      49.4%
                                                                                                            Black        92         35       38.0%
                                                                                                            Asian        70         19       27.1%
                                                                                                            Mixed        79         29       36.7%
                                                                                                            Other        55         12       21.8%
                                                                                                             BME        296         95       32.1%
                                                                                                         Unknown         24         12       50.0%
                                                                                                         All Arrests   6,971      3,390      48.6%

                                                                     A Positive Disposal is defined here as an arrest that results in a Charge, a Caution, a Fixed Penalty Notice, a
                                                                     Reprimand or a Final Warning, Reported for Summons and TIC.

                                                                     The positive disposal is based upon the most serious disposal given against the offence.

                                                                     It is not possible to compare previous years data due to current cases still on going and therefore would not give
                                                                     an accurate comparison. These disposals are recorded as at the beginning of June 2009 and will change upon
                                                                     the creation of the next months file, since current ongoing cases will be updated.

                                                                     The proportion of BME background arrests that result in a Positive Disposal shows a difference of 17.3
                                                                     percentage points compared to those of White background.

                                                                     The difference between those arrests resulting in a positive disposal and the remaining disposals is due to people
                                                                     released on bail or cases still progressing, arrests that subsequently result in No Further Action (NFA). NFAs
                                                                     account for 21.4% of all arrests in April 2009 to May 2009 (see page 20), bails 21.6%, detained for court on
                                                                     warrant 3.5%, mental health accounts for 1.1%, immigration accounts for 0.7% with all other disposals and
                                                                     ongoing cases accounting for 3.1%. The accompanying detailed report examines these areas in more detail.
                                                                                                                                                                                     21
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                                                                                                              CHARGING RATE
106




                                                                                                                     April 2009 – May 2009
                                                                                                                                     Charging
                                                                                                                 Arrests Charges
                                                                                                                                        Rate
                                                                                                      White      6,651      2,184      32.8%
                                                                                                       Black       92         22       23.9%
                                                                                                      Asian        70         12       17.1%
                                                                                                      Mixed        79         22       27.8%
                                                                                                      Other        55          5        9.1%
                                                                                                       BME        296        61        20.6%
                                                                                                     Unknown       24          5       20.8%
                                                                                                        All      6,971      2,250      32.3%
                                                                                                     Charges

                                                                     The charging rate between the BME background and the White background currently shows a difference
                                                                     of 12.2 percentage points.
Response to Equality and Human Rights Commission Call for Evidence




                                                                     People who choose their ethnicity as Asian or Other have a noticeably lower charging rate than that for
                                                                     White, BME or all groups.

                                                                     The charging rate for males was 8.3 percentage points higher than for females in April 2009 – May 2009,
                                                                     a decrease from the previous year’s difference of 15.1 percentage points.




                                                                                                                                                                               22
Response to Equality and Human Rights Commission Call for Evidence



                                                                                                            CAUTIONING RATE
                                                                                                                    April 2009 – May 2009
                                                                                                                                     Caution
                                                                                                                Arrests Cautions
                                                                                                                                       Rate
                                                                                                       White    6,651       712       10.7%
                                                                                                       BME       296         25        8.4%
                                                                                                    Unknown       24          5       20.8%
                                                                                                   All Cautions 6,971       742       10.6%

                                                                      The caution rate between the BME background and the White background currently shows a difference of
                                                                      2.3 percentage points.

                                                                      In April 2009 - May 2009 females had a higher caution rate of 12.3 compared to 10.3% for males. The
                                                                      caution rate for males decreased by 0.4 percentage points from April 2008 – May 2008, that for females
                                                                      decreased by 0.3 percentage points.


                                                                                                   FIXED PENALTY NOTICE ISSUED
                                                                                                                       April 2009 – May 2009
                                                                                                                 FPN                     Per 1,000
                                                                                                                          Population
                                                                                                                Issued                  Population
                                                                                                  White           226      1,598,300        0.1
                                                                                                   BME             8         50,300         0.1
                                                                                                 Unknown           2
                                                                                                 All FPNs         236      1,648,600        0.1

                                                                     The disparity between the numbers of White people per 1,000 population given an FPN compared to BME
                                                                     people has seen no change in April 2009 – May 2009.

                                                                     However, due to the small number of FPNs being issued to BME persons, caution must be used when           23
107




                                                                     interpreting these figures.
                                                                                                        NO FURTHER ACTION RATE
108




                                                                                                                        April 2009 – May 2009
                                                                                                                          No Further
                                                                                                                Arrests                   NFA Rate
                                                                                                                             Action
                                                                                                   White        6,651         1,423        21.4%
                                                                                                    Black         92            14         15.2%
                                                                                                   Asian          70            14         20.0%
                                                                                                   Mixed          79            21         26.6%
                                                                                                   Other          55            12         21.8%
                                                                                                    BME          296            61         20.6%
                                                                                                  Unknown         24             8         33.3%
                                                                                                     All        6,971         1,492        21.4%
                                                                                                  Persons

                                                                     The No Further Action (NFA) rate between the BME background and the White background currently
                                                                     shows a slight difference of 0.8 percentage points.
Response to Equality and Human Rights Commission Call for Evidence




                                                                     This NFA rate is largely due to arrests for Assault ABH resulting in a total of 342 for the current year so far,
                                                                     Common Assault 132 and Theft at 121.

                                                                     People who choose their ethnicity as Mixed have a noticeably higher NFA rate than that for White, BME or
                                                                     all groups.

                                                                     The NFA rate for females is 5.4 percentage points lower than for males in April 2009 - May 2009, down
                                                                     from 7.1 percentage points in April 2008 – May 2008.




                                                                                                                                                                                        24
Response to Equality and Human Rights Commission Call for Evidence




                                                                                                            STOP & ACCOUNT
                                                                                                     April 2008 – May 2008                April 2009 – May 2009
                                                                                                Stop &                  Per 1,000   Stop &                  Per 1,000
                                                                                                            Population                       Population
                                                                                               Accounts                 Population Accounts                Population
                                                                              White             2,610       1,598,300      1.6      3,775     1,598,300        2.4
                                                                               Black              10           9,200       1.1        25         9,200         2.7
                                                                              Asian                6          14,900       0.4        10        14,900         0.7
                                                                              Mixed                9          13,800       0.7        19        13,800         1.4
                                                                              Other               12          12,400       1.0        25        12,400         2.0
                                                                               BME                37          50,300       0.7        79        50,300         1.6
                                                                            Unknown              207                                 171                250
                                                                            All Stop &          2,854       1,648,600      1.7      4,104     1,648,600        2.5
                                                                            Accounts

                                                                     The number of stop and accounts carried out has increased by 1,250, 43.8%, in April 2009 – May 2009
                                                                     compared to April 2008 – May 2008.

                                                                     There has been an increase in the number of stop and accounts for all ethnic groups, White people
                                                                     increased by, 44.6%, (to 3,775) for BME people, +113.5% (2,610). As a result, the disparity between
                                                                     White and BME people has reduced from a difference of 0.9 to a difference of 0.8 per 1,000 population.

                                                                     There has been a 135.2% increase in male, and a 136.7% increase in female, stop and accounts
                                                                     conducted in April 2009 – May 2009 compared to April 2008 – May 2008. Of all the stop and accounts
                                                                     conducted in April 2009 – May 2009 where gender of the person stopped was recorded, 81.2% were
                                                                     males.




                                                                                                                                                                              25
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110



                                                                                                             STOP & SEARCH
                                                                                                     April 2008 – May 2008                 April 2009 – May 2009
                                                                                                 Stop                   Per 1,000     Stop                   Per 1,000
                                                                                                            Population                         Population
                                                                                               Searches                Population   Searches                Population
                                                                                White           3,211       1,598,300      2.0       2,961      1,598,300       1.9
                                                                                Black             45           9,200       4.9          42         9,200        4.6
                                                                                Asian             16          14,900       1.1           7        14,900        0.5
                                                                                Mixed             35          13,800       2.5         21         13,800        1.5
                                                                                Other             15          12,400       1.2          23        12,400        1.9
                                                                                BME              111          50,300       2.2         93         50,300        1.8
                                                                              Unknown            164                                   135
                                                                            Vehicle Only          9                                     3
                                                                         All Stop/Searches      3,495       1,648,600      2.1        3192      1,648,600       1.9

                                                                     The number of stop searches conducted in April 2009 – May 2009 has decreased by 8.7% compared to
Response to Equality and Human Rights Commission Call for Evidence




                                                                     April 2008 – May 2008. But Other ethnic groups recorded an increase of 53.3% in the number of stop
                                                                     searches.

                                                                     In April 2008 – May 2008, White people were stop searched 2.0 per 1,000 population, BME 2.2 per 1000
                                                                     population. In April 2009 – May 2009, White people saw a reduction to 1.9 per 1000 population and BME
                                                                     groups also saw a reduction to 1.8 per 1000 population

                                                                     In April 2009 – May 2009, although the number of stop searches carried out on Black people decreased
                                                                     by 6.7%, they were still stopped and searched 2.4 times more often that White people, the same number
                                                                     of times more often in April 2008 – May 2008. However, Black people make up a small proportion of the
                                                                     2006 population estimates and this is likely to impact on the number of stop searches per 1,000
                                                                     population.

                                                                     Males accounted for 88.2% of stop searches where gender was recorded in April 2009 – May 2009. The
                                                                     number of male stop searches has decreased by 8.1%, females by –13.9%.
                                                                                                                                                                             26
Response to Equality and Human Rights Commission Call for Evidence



                                                                                                     STOP SEARCH ARREST RATE
                                                                                                    April 2008 – May 2008            April 2009 – May 2009
                                                                                                                      Arrest                           Arrest
                                                                                                 Searches Arrests                Searches Arrests
                                                                                                                       Rate                             Rate
                                                                                      White       3,211       318      9.9%       2,961       230       7.8%
                                                                                      BME          111         12     10.8%         93          7       7.5%
                                                                                    Unknown        164         22     13.4%        135         15      11.1%
                                                                                     Vehicle        9           1     11.1%          3          0       0.0%
                                                                                      Only
                                                                                       All         3,495      353      10.1%       3,192       252       7.9%
                                                                                     Arrests
                                                                     There has been a 2.2 percentage points reduction in the proportion of stop searches to 7.9% arrest rate
                                                                     April 2009 – May 2009 compared to April 2008 – May 2008.

                                                                     The stop search arrest rate for BME people is higher than for White people during April 2008 to May 2008,
                                                                     but during April 2009 to May 2009 it is lower. However, both groups have recorded a decrease in the rate,
                                                                     though the BME reduction is greater than the White reduction, 3.3 percentage points and 2.1 percentage
                                                                     points respectively. As a result the disparity between the arrest rates of White people and BME people has
                                                                     narrowed in April 2009 – January 2009 to a difference of 0.3 percentage points, compared to a difference
                                                                     of 0.9 percentage points in April 2008 – May 2008.




                                                                                                                                                                                  27
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                                                                                                    BREATH TESTS ADMINISTERED
                                                                                                     April 2008 – May 2008               April 2009 – May 2009
                                                                                                Breath               Per 1,000    Breath                   Per 1,000
                                                                                                         Population                         Population
                                                                                                Tests                Population   Tests                   Population
                                                                                   White         1036 1,598,300         0.6        832      1,598,300         0.5
                                                                                    BME           21        50,300      0.4         15         50,300         0.3
                                                                                 Unknown          48                                42
                                                                                All Persons      1105 1,648,600         0.7        889      1,648,600         0.5

                                                                     There has been a decrease in the number of Breath Tests being undertaken in April 2009 – May 2009
                                                                     compared to April 2008 – May 2008, 216, -19.5%. This decrease is evident for both White and those
                                                                     within the BME group. The reduction for the BME group is greater, -28.6%, compared to –19.7% for
                                                                     White persons. However, the disparity between White persons and the BME group has remained
                                                                     constant at –0.2 tests per 1,000 population. In April 2009 – May 2009 Breath Tests were administered to
Response to Equality and Human Rights Commission Call for Evidence




                                                                     the BME group 0.6 times more often than for White persons, compared to 0.6 times more often in April
                                                                     2008 – May 2008.




                                                                                                                                                                               28
Response to Equality and Human Rights Commission Call for Evidence



                                                                                                                STAFFING PROFILE
                                                                                    Police Officers       BME    White    Not Stated    % BME     Female     Male    % Female
                                                                                   April 2008 – June
                                                                                                           28     3205        350         0.8       889      2694        25
                                                                                          2008
                                                                                   April 2009 – June
                                                                                                           31     3209        353         0.9       929      2664        26
                                                                                          2009

                                                                                      Police Staff        BME     White    Not Stated   % BME      Female    Male    % Female
                                                                                April 2008 – June 2008     12     2104        205        0.5        1326     995        57
                                                                                April 2009 – June 2009     11     2037        224        0.5        1297     975        57

                                                                                         PCSO             BME     White    Not Stated   % BME      Female    Male    % Female
                                                                                April 2008 – June 2008     6       265         98        1.6         167     202        45
                                                                                April 2009 – June 2009     5       284         83        1.3         165     207        44

                                                                     Female police officer numbers have seen a rise of over 4% in the first quarter of 2009/10, compared to the
                                                                     previous year, with 929 female officers now employed by the Force. Over a quarter of the officers employed by the
                                                                     Force are now female.

                                                                     Numbers within police staff and PCSOs have fallen slightly, although the gender split in both groups has remained
                                                                     fairly stable. Nevertheless, the proportion of females in both groups remains significant higher than their police
                                                                     officer counterparts.

                                                                     From an ethnicity perspective, the number of minority ethnic officers continues to rise, up by 2 on the position in
                                                                     2008/09. This represents the highest proportion of BME officers that the Force has had. The Positive Action work
                                                                     undertaken to date is maintaining the numbers employed by the organisation as well as actively looking to recruit
                                                                     from these under-represented groups. Conversely, numbers within police staff and PCSOs fell marginally,
                                                                     compared to the period in 2008/09 and as in the situation with the gender split for both groups, this has resulted in
                                                                     a fall in the proportion of minority ethnic PCSOs whilst police staff have remained stable. PCSOs, however, still
                                                                     have the highest ratio of the three groups.

                                                                                                                                                                                             29
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                                                                                                                     RESIGNATIONS
                                                                                   Police Officers         BME     White    Not Stated    % BME      Female     Male    % Female
                                                                                April 2008 – June 2008      0       6           1           0          3         4         43
                                                                                April 2009 – June 2009      0       6           3           0          1         8         11
                                                                     Police officer resignations have increased slightly in the period, compared to 2008/09, although the proportion of
                                                                     female officers leaving has fallen, for the quarter, to a level well below that of the representation within the Force.

                                                                     There were no minority ethnic resignation during the period, mirroring the position in 2008/09.

                                                                                      Police Staff         BME     White    Not Stated    % BME      Female     Male    % Female
                                                                                April 2008 – June 2008      0       43          3           0          23        23        50
                                                                                April 2009 – June 2009      1       23          4          3.6         13        15        46

                                                                      The number of police staff resignations during the period in 2009/10 has seen a fall, down 18 on the same period
                                                                      last year. Of those resigning, two females rejoined as police officers and two males as PCSOs. In terms of the
                                                                      gender split, the proportion of males and females resigning has remained fairly stable.
Response to Equality and Human Rights Commission Call for Evidence




                                                                      One minority ethnic police staff member resigned during the period this year, compared to none in 2008/09.

                                                                                         PCSO              BME     White    Not Stated    % BME      Female     Male    % Female
                                                                                April 2008 – June 2008      0       5           5           0          3         7         30
                                                                                April 2009 – June 2009      0       6           1           0          2         5         28
                                                                      PCSO resignations have fallen slightly in the first three months of 2009/10 and of the 7 that have left, one male
                                                                      and one female rejoined as police officers.

                                                                      The number of resignations amongst female PCSOs has fallen slightly, although the proportion of overall leavers
                                                                      has remained relatively stable.

                                                                      As with the period last year, there were no minority ethnic leavers amongst the PCSOs in 2009/10.

                                                                                                                                                                                               30
Response to Equality and Human Rights Commission Call for Evidence




                                                                                                              BONUSES AWARDED
                                                                                                      % of BME             % of White          % of Female            % of Male
                                                                                                      Officers in          Officers in          Officers in           Officers in
                                                                            Police Officers
                                                                                                      Receipt of           Receipt of           Receipt of            Receipt of
                                                                                                       Payment              Payment             Payment                Payment
                                                                        April 2008 – June 2008           10.7                  2.1                  0.6                   2.7
                                                                        April 2009 – June 2009            9.7                  3.0                  3.1                   3.1
                                                                     111 Bonus Payments were awarded to police officers in the first quarter of 2009/10 (up 46% on the same period in
                                                                     2008/09), the third year running that an increase has been seen. Payments to female officers have also risen
                                                                     significantly from 5 awarded in 2008/09 to 29 this year. The proportion of female officers awarded a payment has
                                                                     also increased significantly to a point where they are now comparable with their male counterparts.
                                                                     3 payments were awarded to BME officers during the first quarter of this year, reflecting the position for the period
                                                                     in 2008/09. The proportion of BME officers in receipt of a payment has fallen slightly in the first quarter this year
                                                                     owing to the fact that their representation within the Force has increased.
                                                                     There were no payments made to officers with a recorded disability during the quarter, which reflects the position
                                                                     in the period for the last three years.

                                                                                                  % of BME Staff in     % of White Staff     % of Female Staff % of Male Staff in
                                                                             Police Staff            Receipt of          in Receipt of         in Receipt of      Receipt of
                                                                                                      Payment              Payment               Payment           Payment
                                                                        April 2008 – June 2008           0                    3.4                   3.7              2.9
                                                                        April 2009 – June 2009          6.3                   3.9                   3.9              4.0

                                                                     The number of payments awarded to police staff for the first quarter of 2009/10 increased to 105 awards (up 17%
                                                                     on the same period in 2008/09). 57 payments have been awarded to female staff in the first three months, a slight
                                                                     increase on the period in 2008/09 (55 awarded). The proportion of both female and male staff in receipt of a
                                                                     payment has increased, with more equity in the gender split than before.
                                                                     1 bonus payment was made to a BME member of police staff during April to June this year, the first for two years.
                                                                     A payment was also made to a member of police staff with a recorded disability, again the first in two years.


                                                                                                                                                                                             31
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                                                                                     REPRESENTATION DURING THE RECRUITMENT PROCESS
                                                                     The recruitment process for police officers and PCSOs does not occur on a rolling basis and is more targeted than that of
                                                                     police staff recruitment. Therefore, elements of this section will be affected by the timings of the application and
                                                                     assessment processes for these groups.
                                                                                                                                              Not                                     %
                                                                                         Police Officers                    BME     White              % BME     Female    Male
                                                                                                                                             Stated                                 Female
                                                                           Assessment           April 2008 – June 2008        2       92        2         2         42       54       44
                                                                         Centre Attendees       April 2009 – June 2009        0        0       0          0          0       0        0
                                                                            Attendees           April 2008 – June 2008        2       72        2         2         34       42       45
                                                                            Successful          April 2009- June 2009         0        0        0         0          0        0        0
                                                                           Recruitment          April 2008 – June 2008        1       22       17         2         15       25       37
                                                                            (including          April 2009 – June 2009        0       44       0          0         22       22       50
                                                                           transferees)
                                                                     The first assessment centre for 2009/10 is scheduled for October this year so there is no further update at this time.
Response to Equality and Human Rights Commission Call for Evidence




                                                                     In terms of the recruitment of officers to the force during the period, numbers have remained fairly stable, which is
                                                                     understandable given the planning cycle for intakes of probationers and transferees. The proportion of female recruits
                                                                     has, however, increased, compared to the first quarter in 2008/09, to a position where there is parity in the gender split.
                                                                     This has helped to improve the overall female representation within the Force.

                                                                     Despite levels of minority ethnic officers being at their highest, there were no new BME officers recruited during the first
                                                                     quarter this year.




                                                                      The information provided in the table below, for the Application and Interview Stages, has been taken from the Equal
                                                                     Opportunities Forms sent out with application packs, the completion of which is voluntary. It is hoped that this information
                                                                      can be obtained through FIMS once the Police Staff applications are processed through the system. The information
                                                                           provided for the Recruited profile has been taken from the Force Information Management System (FIMS).
                                                                                                                                                                                              32
Response to Equality and Human Rights Commission Call for Evidence


                                                                                                                                              Not
                                                                                                                                                       %                          %
                                                                                               Police Staff                  BME    White    State            Female    Male
                                                                                                                                                      BME                       Female
                                                                                                                                               d
                                                                                 Application       April 2008 – June 2008     1       79       2        1       13        69       16
                                                                                   Stage           April 2009 – June 2009     1      109       0        1       73        37       66
                                                                                                   April 2008 – June 2008     0       34       2        0       31         5       86
                                                                               Interview Stage
                                                                                                   April 2009 – June 2009     0       46       0        0       29        17       63
                                                                                                   April 2008 – June 2008     1       34      17        2       29        23       56
                                                                                  Recruited
                                                                                                   April 2009 – June 2009     1       27      11        3       19        20       49


                                                                     The number of equal opportunity forms returned has seen a rise in the first quarter of 2009/10, compared to the period last
                                                                     year.

                                                                     There has been a marked turnaround in the gender split at the application stage where female applicants have contributed
                                                                     to 66% of candidates as opposed to the April to June period in 2008/09 where a majority of the applications were received
                                                                     from males (84%). However, male applicants were more successful at the interview stage with 45% passing the process
                                                                     compared to 40% of all female candidates.

                                                                     The number and proportion of applications from BME candidates remained static at 1% and for a second year in a row.

                                                                     There has been a fall in the number of police staff recruited in the first three months of 2009/10, compared to last year
                                                                     (down 25%). There is almost parity in the gender split of new employees this year, compared to the first quarter of 2008/09
                                                                     where the position more closely reflected the overall female representation within the Force.

                                                                     There was one minority ethnic member of staff recruited in the period, mirroring the position in 2008/09. The proportion of
                                                                     BME staff increased due to the lower intake.




                                                                                                                                                                                             33
117
                                                                                               EMPLOYEES SUBJECT TO COMPLAINTS
118




                                                                                                  April 2008 – June 2008                          April 2009 – June 2009
                                                                                                                                                                      % within
                                                                                         Employee                  % within ethnicity   Employee
                                                                                                                                                                   ethnicity groups
                                                                                         Subject to   Headcount     groups for the      Subject to Headcount
                                                                                                                                                                        for the
                                                                                         Complaint                  Constabulary        Complaint
                                                                                                                                                                    Constabulary
                                                                             White          261         6,070            4.3%             296            6,070           4.9%
                                                                             BME             3            50             6.0%               3              50            6.0%
                                                                         ‘Unknown’           98          689            14.2%             118             689           17.1%
                                                                         All Subjects       362         6,809           5.3%              417            6,809           6.1%

                                                                     There has been a 15.2% increase in the number of employees subject to a complaint allegation in April 2009 –
                                                                     June 2009 compared to April 2008 – June 2008, compared to a 0.22% decrease in the total headcount. The
                                                                     proportion of employees who were the subject of a complaint has therefore increased by 0.8 percentage points.

                                                                     The disparity between the proportion of White employees and BME employees subject to a complaint has
                                                                     decreased slightly in April 2009 – June 2009 compared to the previous year, with values of 1.1%pts and 1.7%pts
                                                                     respectively.
Response to Equality and Human Rights Commission Call for Evidence




                                                                     Figures relating to BME employees subject to complaints must be interpreted with caution due to the low numbers
                                                                     involved.

                                                                     The number of employees subject to a complaint whose ethnicity was ‘Unknown’ has also increased in April 2009
                                                                     – June 2009 by 20.4% compared to the previous year and now accounts for 28.3% of all complaint subjects.




                                                                                                                                                                                       34
    Appendix M -
    Connecting Newsletter




Response to Equality and Human Rights Commission Call for Evidence   119
                       Connecting
                       Newsletter




                        Issue Fifty:




                    June 14-18 2010

             If you want to read old issues of this
                     newsletter log on to
               www.cornwall.gov.uk/connecting

        You can also view the latest Learning Disability
                           Videos at
             www.cornwall.gov.uk/ldnewsonvideo



      Connecting               1

120                            Response to Equality and Human Rights Commission Call for Evidence
               Hi everyone,


               Welcome to the fiftieth edition of the newsletter – it has
               certainly been an interesting time since we started it last
               June.


               Looking ahead though and it is Learning Disability
               Awareness Week next week, I shall be visiting a number of
               events around the county so I look forward to seeing you.


               Blue Light Day was fun yesterday; you can see from the
               picture on the front page of Dave and Denise that we had a
               good time!!


               Keep sending some great stories my way….


               Have a good week!!




               Andy Holmes




       Connecting
Response to Equality and Human Rights Commission Call for Evidence
                                                                     2

                                                                             121
        Here are this weeks stories.
        Press the ‘Ctrl’ button on your computer and then click on
        each title to jump straight to the information.


        News and Events:

        News and Events are split into regions so you can click on
        each to find news and events taking place near where you
        live. 


        1. News and Events outside Cornwall
        2. News and Events across Cornwall
        3. News and Events in North Cornwall
        4. News and Events in Caradon
        5. News and Events in Restormel
        6. News and Events in Carrick
        7. News and Events in Kerrier
        8. News and Events in Penwith
        Website of the Week:
        The In Control Website




122
      Connecting                        3

                                        Response to Equality and Human Rights Commission Call for Evidence
               News and Events outside Cornwall




               Cycling Projects
               Since being registered as a charity in 1991, the organisation
               has brought cycling into many peoples lives.


               They have become increasingly involved in cycling related
               training; bringing the opportunity for exercise to disabled
               people; encouraging people with poor health to take up
               cycling and working with excluded communities to help them
               make it part of their lives.


               This is a project that you may be interested in for Short
               Breaks or holidays outside Cornwall.


               For more details you visit their website at
               http://www.cycling.org.uk/index.html#




       Connecting
Response to Equality and Human Rights Commission Call for Evidence
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                                                                               123
       British Blind Sport South West Training
       British Blind Sport is looking to deliver a day certificate in
       Sports Leadership aimed at anyone over the age of 16 in the
       South West with a visual impairment.


       This is for young people keen to learn more about coaching.


       It offers the chance to learn more about communication for
       sport, taking control of a group, organisational tools, and
       adaptations for disabled athletes and safety in sport.


       The course will run from 10-4.30 and is FREE and is due to
       take place on a weekend day in July/August


       For more details contact Lucy Barrett on 07825 506350 or
       by email to lucy@britishblindsport.org.uk



       News From The National Autistic Society

       Over 70 percent of children with autism have a mental
       health problem.

       The National Autistic Society has launched a new campaign
       about this and you can find out more by clicking on this link
       You Need To Know.




124
      Connecting                       5

                                       Response to Equality and Human Rights Commission Call for Evidence
               Restock, Rethink, Reflect Two

               The Live Art Development Agency is delighted to invite
               proposals for two new Live Art commissions from UK-based
               artists who identify as disabled.


               The two new works will each receive an award of £2,000 and
               be presented in the Restock, Rethink, Reflect Two: Live Art
               and disability programme of events in Autumn 2010.


               If you are interested and have an idea for a new work,
               please go to the Agency's website for the background to the
               project and details of how to apply.


               www.thisisliveart.co.uk


               Deadline for applications: June 24, 2010
               Dates of events: Autumn 2010 (exact dates to be confirmed)




       Connecting
Response to Equality and Human Rights Commission Call for Evidence
                                                                     6

                                                                             125
        News and Events across Cornwall




        Cornwall’s Learning Disability Partnership
        Board Are Looking For A Co-Chair
        This is a four month temporary contact working a minimum
        of 16 days per annum, being paid the fixed sum of £8,000
        per annum.

        The main job of the Co-Chair is to help make sure that
        Valuing People is working in Cornwall.


        This includes planning agendas with other people on the
        Partnership Board and going to meetings including People
        First forums and Carers Meetings.


        For more details on the job email Debbie Croucher at
        debbie_townfieldtrust@hotmail.com




126
      Connecting                      7

                                      Response to Equality and Human Rights Commission Call for Evidence
               Learning Disability Week Events




               Learning Disability Awareness Week is being held between
               June 21 and 27 which is next week!


               You can find all the events that are going on in Cornwall and
               links to the Mencap ‘Getting It Right’ National campaign on
               this web page.


               http://www.cornwall.gov.uk/default.aspx?page=24308



               Cornwall Respect Festival

               This takes place every year and this year’s festival is being
               held in Truro on August 14.


               It is an event that celebrates the different groups of people
               that live in Cornwall from all different backgrounds and
               lifestyles.


               It starts at 10am in Victoria Park and at Lemon Quay there
               will be a free live music event that closes at 1am.




      Connecting
Response to Equality and Human Rights Commission Call for Evidence
                                                                     8

                                                                               127
       All money raised at the event goes to Cornish charity
       Shelterbox.


       For more details contact Dean Harvey on 07515 580 002 or
       email dean@pentreath.co.uk


       Blue Light Day – Working Together To Be
       Safe
       Yesterday was Blue Light Day at Kingsley Village, Fraddon.


       Emergency Services like the Police, Ambulance and Fire
       Brigade were there to give advice to people with a learning
       disability about being safe.


       Here is Thomas Remnant having a go in a police car!!




       People also got chance to talk to the Safe Place Champions.




128
      Connecting                      9

                                      Response to Equality and Human Rights Commission Call for Evidence
               News and Events in North Cornwall




               Elvis Is Back!!




               And he is ‘live’ at Penstowe Park, Kilkhampton, Bude EX23
               9QY on Saturday June 26.


               The show starts at 7.30pm and tickets are £7 for adults and
               £5 for under 16s.


               You can get the tickets from Glam Rags in Bude or by calling
               07786 982 726.


               You can also pick them up on the door but they will cost you
               50 pence more.


               All money raised goes to the Bude Gateway Club and the
               Budehaven Area Resource Base Unit.




       Connecting
Response to Equality and Human Rights Commission Call for Evidence
                                                                     10

                                                                              129
               Priory Day Centre News




               This year’s ball will be held on Wednesday July 7 at the
               Shire Suite in Bodmin from 7pm until late.


               Bojangles Café have agreed to do a light supper for guests.


               There will also be entertainment provided by 3’s Company
               and a disco to finish so we can all dance the night away!


               You can order tickets at £20 on 01208 736 23.


               The friends of Priory Day Centre are having a Strawberry
               Fayre on Wednesday July 14 at the Day Centre.


               It starts at two and there will be raffle prizes, homemade
               cakes, stalls and drinks.


               Everyone is welcome so please come along and join in the
               fun.




130
       Connecting
Response to Equality and Human Rights Commission Call for Evidence
                                                                     11

                                                                                                                                    130
                                                                     Response to Equality and Human Rights Commission Call for Evidence
               Sunset Disco In Bude

               The Parkhouse Centre in Bude is hosting the Sunset Disco
               for people with Learning Disabilities in Bude.


               It runs between 7.30pm and 9.30pm on the following dates:
               July 5, July 26, Aug 16, Sep 6 and Oct 4.




               Picture by Steven ‘Safe Places, Places’ Dymond!!


               It is £1 to get in for anyone aged fourteen and above and
               carers get in for free.


               There will be flashing lights and for more details you can call
               01288 359 133.




131
       Connecting
Response to Equality and Human Rights Commission Call for Evidence
                                                                     12

                                                                                                                                    131
                                                                     Response to Equality and Human Rights Commission Call for Evidence
        News and Events in Caradon




        Woodlands Big Hooney Jamboree

        This is set to take place again this year at the Woodlands
        Centre, 18 Well Park Road Drakewalls, Gunnislake Cornwall,
        PL18 9ED.


        It is happening on July 31 from 2pm with a late finish
        including camping on site if you want.


        They have a line up that includes DG Purple Rabbit, Open
        Mike, Suuuumo!, Perfectly Poise, Musicians and Storytelling.


        Plus the usual big banging buffet and spit roast.




132
      Connecting                      13

                                      Response to Equality and Human Rights Commission Call for Evidence
               News and Events in Restormel




               West Cornwall People First Meeting



               Their next meeting is at the Friends Meeting House in St
               Austell on June 18 between 11am and 1pm.


               For more details call Suzy on 07704 204563 or Selina on
               07719 237165.

               Watering Lane Open Days

               The Quality Of Life Vegetable Bag Scheme is celebrating its
               1st anniversary.


               It has been set up to provide real pay for real jobs for
               people with learning disabilities and they now supply 70
               bags per fortnight which gives 3 people jobs.


               They want to develop the project further and in partnership
               with The Eden Project are setting the scheme up as a
               Community Interest Company run by people that use the
               centre.




       Connecting                                                    14

Response to Equality and Human Rights Commission Call for Evidence           133
        They are having Open Days at Watering Lane Nursery PL26
        6BE on Wednesday June 23 and Thursday June 24 between
        10 and 4pm.


        Tours of the nursery will be at 10.30am and 1.30pm and
        refreshments will be provided.


        If you want to go you MUST BOOK IN ADVANCE as places
        are limited and you can call 01726 222919 or email
        peopleandgardens@hotmail.co.uk

        Blantyre At The Keay Theatre

        The Blantyre Centre are performing at The Keay Theatre in
        St Austell with their wonderful show based on the Lion King.


        They were very lucky to have their masks made by the art
        students at Cornwall College, St Austell under the guide of
        teacher Carl Owen.


        The show will be on August 11 at 2.45pm.


        Those of you who were lucky enough to see their version of
        ‘Mamma Mia’ and before that ‘Singing in the Rain’ will know
        it is a production not to be missed.


        Tickets are available from Blantyre and are free of charge.




134
      Connecting                      15

                                         Response to Equality and Human Rights Commission Call for Evidence
               Blantyre Centre Bowls Team Success!!
               On May 25 it was the annual Great Western Bowls
               Competition at the Bodmin indoors bowls centre.


               Eight teams from all over Cornwall took part.




               The winners were St. Austell 'Trekkies' who are based at the
               Blantyre Centre in St. Austell and beat Penzance in the final.


               They did not lose on the day and their team was Charles
               Streames (Skipper), Keith Kirk, Alan Drew and Peter Kitson
               (holding the winners shield in the photo).




       Connecting                                                    16

Response to Equality and Human Rights Commission Call for Evidence              135
       News and Events in Carrick




       Good News Stories from Truro

       Head of Operations for Learning Difficulties Nick Fripp has
       again been visiting Health and Adult Care and Support staff
       to hear their good news stories.




       This month he has been in Truro and this is what staff have
       said:


       “I met the 4 Safe Place Champions when they came in for
       their induction. They were all really excited about having a
       job. For me, it highlighted the importance to creating
       employment opportunities. It was great to talk to them
       about the things which like all of us they were worried about
       when starting a new job but also the things they were
       looking forward to.”




136
      Connecting                     17

                                     Response to Equality and Human Rights Commission Call for Evidence
               “I support a young man who is challenged by the way he
               uses services. Sometimes he finds it hard to remember the
               boundaries which exist. He has previously had a poor
               experience – but hopefully, we have given him a new point
               of contact. We are now building trust.”


               “A man I work with has just got a job. This has given him a
               sense of purpose and responsibility.”


               “I have helped someone to represent themselves at their
               safe guarding meeting. We have now got a risk management
               plan which enables them to live safely in the community.”


               “They said being able to speak at the meeting was very
               empowering. It made a huge difference to them. They were
               not daunted by expressing their views in front on 8 – 10
               other people. They are really keen to be involved in the
               process and want to know when the next meeting is.”


               “I have developed a service user self assessment form based
               on the 7 key outcomes. I use this to preserve their
               comments. This makes it much more person centred and
               gives them ownership. I recently used it at a meeting which
               was very ‘professionals’ focussed to bring the meeting back
               to the service user.”




       Connecting                                                    18

Response to Equality and Human Rights Commission Call for Evidence           137
       “I recently attended Studio 61. Whilst there, a service users
       shared their care plan with me. It is on pink card with lots of
       sticky bits etc – but even though the service user could not
       speak she was able to share her story through these bits of
       paper!”


       “I am aware that a security guard from ASDA recently raised
       a safe guarding issue. This is the first time I am aware of
       anyone outside health or social care doing this.”


       “I work on a team that supports people when they go into
       crisis. Our aim is to keep them at home, whenever possible
       – when you do this all the time, you sometimes lose sight of
       the difference you make.”



       Cream Teas At Lowena
       On Saturday 26th June from 2pm-4pm at Lowena we will be
       holding a cream tea afternoon.


       There will be a cake stall, tombola and a raffle.


       For more details call Julia Jackson on 01872 270013.




138
      Connecting                     19

                                      Response to Equality and Human Rights Commission Call for Evidence
               Transition Event

               Last year there was a big event to tell people about the
               Transition between Children’s and Adult Services.


               They are having another event on September 18 at Truro
               College.


               It is on between 10am and 3.00pm and representatives from
               different organisations will be available to answer questions.


               The event is for young people, parents and carers.


               For more details please email
               Elizabeth.Filmer@careerssw.org or call her on 01208 265544
               or 07769643879




       Connecting                                                    20

Response to Equality and Human Rights Commission Call for Evidence              139
        News and Events in Kerrier




        Kehelland Horticultural Centre News




        Their opening hours from July 3 are Monday to Friday 9am
        to 6pm and Saturday 10am to 6pm.


        The Centre is also hosting a ‘Visioning Day’ on July 3.
        You can have a say on what you would like to see done at
        the centre, what they should sell.


        They want to open longer hours so if you can help give the
        centre a call on 01209 718 975.


        The shop has also been given a refit with ceilings being
        painted, floor tiles to come so thanks to everyone who has
        helped.


        It means they have a new till in place and price checking
        should be easier with new barcode labels.




140
      Connecting                      21

                                       Response to Equality and Human Rights Commission Call for Evidence
               Your Way To A Healthy Life

               There is a free sports taster day at the Dracaena Centre,
               Dracaena Avenue, Falmouth.


               You can try Dancing, Basketball, Football and Music on July
               9 between 10am and 4pm.


               For more details speak to Debbie on 07717 361799.


               National Autistic Society Meeting
               They are having an open meeting at the Penventon Hotel,
               Redruth at 7.30pm on Wednesday June 23.


               Jennifer Zaidi-Cohen, educational psychologist for early
               years Autistic Spectrum Disorders will be speaking.


               The branch library will be open with hundreds of books,
               leaflets and articles available to borrow.


               We invite any interested persons to these meetings,
               families, friends, supporters, professionals.


               We hope there is something of interest for everyone, if you
               want more details email porthlevener@hotmail.com.




      Connecting                                                     22

Response to Equality and Human Rights Commission Call for Evidence           141
        News and Events in Penwith




        Acorn Arts Centre Closure Latest
        The centre may be closing soon but they are still organising
        another Big Blue Club Night on Saturday August 14.


        It runs from 7.30pm until 11pm with a ‘Saturday Night
        Theme’.


        You can find out the latest on the future of the Centre by
        going to http://www.acornartscentre.co.uk/latest/.


        You can also join a Facebook group to try and keep it open
        by searching on Facebook for ‘Acorn Arts Centre.’


        For more details call the Centre on 01736 363 545.


        Book Sale
        There is a book sale at the Lescudjack Centre in Penzance at
        the Elliot Hut on June 23 between 9.30 and 2.30.


        The books are all high quality learning and especially good
        for children with special needs as they are a very colourful
        and visual way of promoting learning.




142
      Connecting                      23

                                       Response to Equality and Human Rights Commission Call for Evidence
               Website of the Week!!
               There are loads of great websites for Learning Disability
               information on the internet.


               Each week I will put one in this newsletter so that you can
               add them to your website favourites 



               The In Control Website

               In Control are the group that invented Self Direct Support,
               which Cornwall Council now uses to help support people.


               The group are still working with charities and the
               government to make sure the new system works.


               You can click on the page below for more details.
               http://www.in-
               control.org.uk/site/INCO/Templates/Home.aspx?pageid=1&c
               c=GB


               For more Learning Disability websites log on to
               http://www.cornwall.gov.uk/ldwebsites




      Connecting
Response to Equality and Human Rights Commission Call for Evidence
                                                                     24

                                                                             143
      Appendix N -
      You matter, We care




144                 Response to Equality and Human Rights Commission Call for Evidence
                                   Devon & Cornwall Police
                                    Building safer communities together




                     You matter, we care
                     Information for victims of crime and antisocial behaviour




Response to Equality and Human Rights Commission Call for Evidence               145
      How to contact the police

          Telephone
          999 EmErgEnCY.
      •	 If	life	is	threatened,	if	people	are	injured,	
      	 if	offenders	are	nearby,	if	immediate	action	
      	 is	required.

          08452 777444 for non emergency general enquiries.
      •	 To	report	a	crime;	for	information	and	advice.

          01392 452935 minicom.
      •	 Textphone	for	the	hard	of	hearing	and	speech-impaired.

          0901 470 0440 Keyholder scheme.
      •	 Allows	you	to	register	a	nominated	key	holder	for	police	to	contact	
      	 should	your	home	or	business	property	come	to	their	notice	-	
      	 24	hours	a	day,	every	day.	Further	information	is	available	on	the	Force
      	 website,	from	police	stations	or	from	your	neighbourhood	policing	team.

          Internet
          www.devon-cornwall.police.uk
      •	 For	information	about	the	Force,	information	
      	 and	advice,	to	report	a	non-emergency	crime	
      	 on	line	and	to	contact	your	local	officers.

          www.askthe.police.uk
      •	 For	general	police	queries	and	answers	to	useful	questions.




      2                                                     www.devon-cornwall.police.uk




146                                            Response to Equality and Human Rights Commission Call for Evidence
                       message from the Chief Constable

                       Thank	you	for	reporting	your	crime	to	the	police.	You	have	taken	the	first	
                       important	step	to	bringing	offenders	to	justice	and	we	will	do	all	we	can	
                       to	detect	the	crime	and	apprehend	those	responsible.

                       We	know	that	being	a	victim	of	crime	can	be	upsetting	and	distressing.	
                       Our	staff	are	trained	to	give	you	practical	help,	offer	advice,	explain	what	
                       is	going	to	happen	during	the	investigation	and	why.

                       If	you	so	wish,	we	will	also	pass	your	details	to	Victim	Support	so	that	
                       they	can	offer	you	the	right	level	of	assistance.

                       This	booklet	provides	information	that	may	be	helpful	to	you	during	
                       the	investigation	and	beyond.

                       Further	information	about	crime	reduction,	your	neighbourhood	
                       policing	team	and	much	more	is	available	on	our	website	at:	
                       www.devon-cornwall.police.uk

                       If	you	have	any	further	
                       questions	please	do	not	
                       hesitate	to	contact	the
                       officer	in	your	case,	
                       whose	details	should	be	
                       on	the	back	of	this	leaflet.




                       Stephen Otter
                       Chief Constable




                       www.devon-cornwall.police.uk                                                    3




Response to Equality and Human Rights Commission Call for Evidence                                         147
      The Policing Pledge

      What can you expect from your local police?
      We have signed up to a set of national standards called the
      Policing Pledge. We commit to


      1. treat the public fairly, with dignity and respect;


      2. make sure neighbourhood teams are known;


      3. be visible when it’s needed most;


      4. respond to neighbourhood messages within 24 hours;


      5. aim to answer 999 calls within 10 seconds, arrive within 15 minutes;


      6. answer non-emergency calls promptly, attend if needed;


      7. agree priorities at public meetings;


      8. tell the public what’s being done to make them safer;


      9. ensure victims of crime are informed of case progress; and


      10. acknowledge dissatisfaction and resolve it.




      4                                                       www.devon-cornwall.police.uk




148                                             Response to Equality and Human Rights Commission Call for Evidence
                       What happens next?

                       Whenever you report a crime to us,
                       we will ask you to:

                       •	 Provide	as	much	information	
                       	 as	you	can	about	the	offence.

                       •	   Tell	us	if	you	are	worried	about	
                       	    you	or	your	family’s	safety	so	we	
                       	    can	give	you	appropriate	advice.	
                       	    For	example,	if	you	are	worried	
                       	    about	the	suspect	returning,	or	
                       	    if	the	offence	was	made	worse	
                       	    by	racial	abuse	or	hatred	directed	
                       	    toward	you.

                       •	   Give	us	your	full	address	and	telephone	contact	details,	including	
                       	    your	email	address	if	you	have	one.	Let	us	know	how	and	when	it	
                       	    is	best	for	us	to	contact	you	so	we	can	tell	you	how	the	investigation	
                       	    is	progressing.

                       •	   Tell	us	about	any	other	changes	-	you	may	have	noticed	further	
                       	    losses	or	damage	since	you	first	reported	the	offence,	or	you	may	
                       	    be	suffering	further	effects	from	an	injury	caused	by	the	crime.	
                       	    If	so,	let	us	know.	Remember,	please	tell	us	if	your	contact	details
                       	    change,	quoting	your	crime	reference	number,	so	we	can	tell	you	
                       	    about	any	developments.	

                       If	you	want	to	talk	further	about	the	crime	you	have	reported	please
                       contact	the	officer	dealing	with	your	case	whose	details	are	on	the
                       back	page	of	this	booklet.

                       If	a	suspect	is	arrested	in	connection	with	the	crime	you	have	reported,	
                       we	will	contact	you	to	let	you	know.	If	the	investigation	results	in	
                       anyone	being	brought	to	court,	you	will	be	notified	and	may	be	called	
                       to	give	evidence.	We	will	do	everything	we	can	to	support	you	as	a	
                       witness	if	this	is	the	case.


                       www.devon-cornwall.police.uk                                                   5




Response to Equality and Human Rights Commission Call for Evidence                                        149
      Criminal Justice System

      The	Criminal	Justice	System	includes	Her	Majesty’s	Crown	Prosecution	
      Service	and	the	courts	service	is	responsible	for	prosecuting	cases	brought	
      by	the	police.	
      Once	a	suspect	has	been	arrested,	we	work	with	the	other	criminal	justice	
      system	agencies	to	decide	what	charge	should	be	brought	against	the	
      defendant	and	to	bring	the	case	to	court.	The	key	agencies	involved	are:

      Crown Prosecution Service
      The	Crown	Prosecution	Service	(CPS)	decides	whether	or	not	the	defendant	
      should	be	charged	and	what	the	charge	should	be.	The	CPS	conducts	two	
      tests	to	reach	this	decision,	looking	at	whether	there	is	enough	information	
      to	reach	a	conviction	and	whether	proceeding	with	the	case	is	in	the	public	
      interest.	If	these	tests	are	satisfied	the	CPS	will	present	the	case	in	court.

      Witness Care Unit
      Once	a	suspect	has	been	charged,	your	case	will	be	passed	to	the	Witness	
      Care	Unit	which	manages	victim	and	witness	care	from	charge	through	to	
      the	conclusion	of	the	case.	You	will	be	appointed	a	dedicated	witness	care	
      officer	who	will	be	your	point	of	contact.

      Witness Service
      It’s	natural	to	feel	nervous	or	worried	about	going	to	court.	If	you	have	been	
      called	to	court,	the	Witness	Service	(provided	by	Victim	Support)	can	help	
      you	with	the	process.	This	could	be	visiting	the	court	room	before	the	trial,	
      providing	help	with	travel	and	expenses	or	the	use	of	special	measures	in	court.

      Her majesty’s Court Service
      Around	95%	of	all	criminal	cases	are	heard	in	a	magistrates’	court.	The	
      magistrates	will	be	three	local	people	supported	by	a	legal	advisor	or	a	
      district	judge.	Where	the	defendant	pleads	‘not	guilty’	the	magistrates	
      will	listen	to	all	the	evidence	and	decide	on	a	guilty	or	not	guilty	verdict.	
      Where	people	are	found	guilty	they	will	then	impose	an	appropriate	
      sentence	using	national	sentencing	guidelines.
       For	more	serious	offences,	or	where	a	magistrate	does	not	feel	they	have	
       suitable	sentencing	powers,	the	case	will	be	referred	to	a	crown	court.	If	a	
      ‘not	guilty’	plea	is	entered	the	case	will	be	heard	and	a	jury	will	decide	on	a	guilty	
       or	not	guilty	verdict.	The	judge	will	then	impose	the	appropriate	sentence.
      For	more	information	on	the	Criminal	Justice	System	visit: www.cjsonline.gov.uk

      6                                                        www.devon-cornwall.police.uk




150                                               Response to Equality and Human Rights Commission Call for Evidence
                       The Code of Practice for Victims of Crime

                       Victims	of	crime	are	entitled	to	certain	standards	of	service	from	the	
                       criminal	justice	system	under	The	code	of	Practice	for	Victims	of	Crime.

                       These standards include:
                       •	 the	right	to	be	referred	to	Victim	Support	or	given	information	about
                       	 the	types	of	support	available	in	your	area;

                       •	 the	right	to	be	kept	informed	of	the	progress	of	your	case	on	a
                       	 minimum	of	a	monthly	basis	and	to	be	told	when	there	has	been	
                       	 a	major	development	in	your	case,	such	as	an	arrest	or	a	charge;

                       •	 the	right	to	be	told	if	a	charge	is	withdrawn	or	there	is	a	major	
                       	 change	to	the	charge;

                       •	 the	right	to	be	told	the	dates	of	court	hearings	and	to	be	told	if	you	
                       	 will	be	needed	as	a	witness;	and

                       •	 the	right	to	be	informed	about	the	outcome	of	the	case	including,	
                       	 if	the	offender	is	found	guilty,	information	about	the	sentence	
                       	 given	and	any	appeals.

                       	                                     If	you	do	not	receive	the	level	of	
                       	                                     service	set	out	in	the	code	of	practice,
                       	                                     you	can	make	a	complaint.	For	more
                       	                                     information	about	the	code	of	
                       	                                     practice	for	victims	of	crime	and	for
                       	                                     information	on	how	to	make	a
                       	                                     complaint	or	provide	feedback	
                       	                                     on	the	service	you	receive,	
                       	                                     ask	the	police	for	a	copy	of	the	
                       leaflet	‘Code	of	Practice:	Guide	for	Victims’,	or	have	a	look	at	the	website:	
                       www.cjsonline.gov.uk




                       www.devon-cornwall.police.uk                                                 7




Response to Equality and Human Rights Commission Call for Evidence                                      151
      Compensation and support

      Criminal injuries compensation scheme
      If	you	have	been	injured	in	a	violent	crime,	you	can	apply	for	a	payment	
      under	the	Criminal	Injuries	Compensation	Scheme.	For	more	information	
      on	the	scheme,	ask	for	the	leaflet	‘Victims	of	Crimes	of	Violence	–	A	Guide	
      to	the	Criminal	Injuries	Compensation	Scheme’.	You	can	get	this	from	
      the	police,	from	Victim	Support,	from	your	nearest	Citizens	Advice	
      Bureau,	or	from	the	Criminal	Injuries	Compensation	Authority	
      (telephone:	0800 358 3601;	website:	www.cica.gov.uk)

      Victim Support
      Devon	and	Cornwall	Police	works	closely	with	
      Victim	Support,	an	independent	charity	that	
      helps	people	affected	by	crime.	If	you	wish,	
      we	will	pass	your	information	to	them	so	that	
      they	can	offer	you	their	free,	confidential	services.

      Victim	Support	volunteers	are	specially	trained	to:
      •	 talk	with	you	on	the	telephone	or	meet	you	in	a	safe	and	convenient
      	 place	to	give	support	and	information;
      •	 help	you	get	information	from	the	police	on	the	progress	of	your	case;
      •	 support	you	before,	during	and	after	the	trial	if	your	case	goes	to	court;
      •	 assist	you	with	finding	additional	help	from	others	for	services	such	
      	 as	counselling	or	housing;	and
      •	 give	you	practical	help	with	a	criminal	injuries	compensation	
      	 application	and	get	information	about	your	rights.

      For	more	information	or	help,	please	contact	the	charity	on:
      Devon:	0845 676 1020		Cornwall:	0845 0567 999
      or:	www.victimsupport.org

      Samaritans
      Samaritans	provide	confidential,	emotional	
      support	to	people	in	emotional	distress,	
      24	hours	a	day,	seven	days	a	week	by	telephone,	
      email,	face-to-face	or	by	letter.

      For	more	information	or	help,	please	contact	the	Samaritans	on:
      08457 909090		or:	www.samaritans.org

      8                                                       www.devon-cornwall.police.uk




152                                            Response to Equality and Human Rights Commission Call for Evidence
                       Crime prevention

                       We	have	dedicated	crime	prevention	officers	who	give	detailed	advice	and	
                       support	to	help	you	cope	with	a	wide	range	of	issues	including

                       •	   Drugs	and	alcohol,
                       •	   Vehicle	crime,
                       •	   Personal	safety,
                       •	   Burglary,
                       •	   Doorstep	crime.

                       Crime	prevention	support	and	advice	is	also	available	through	your	
                       neighbourhood	policing	team.	Each	neighbourhood	has	its	own	
                       team	of	police	officers,	police	community	support	officers	and	
                       Special	Constables,	working	with	local	authority	wardens,	volunteers	
                       and	partner	agencies.

                       To	find	out	more	about	your	local	team	and	to	contact	them	visit:	
                       http://neighbourhoodpolicing.devon-cornwall.police.uk

                       More	information	about	preventing	crime	can	also	be	found	at:	
                       www.crimereduction.gov.uk




                       www.devon-cornwall.police.uk                                            9




Response to Equality and Human Rights Commission Call for Evidence                                 153
      Who is responsible for tackling antisocial behaviour?

      If	you	are	suffering	as	a	result	of	antisocial	behaviour,	your	council	and	
      the	police	will	treat	the	problem	seriously,	take	action	and	then	let	you	
      know	what	they	have	done.

      What action can the police and partner agencies take?
      The	police	and	other	relevant	organisations,	such	as	your	local	council	
      or	housing	association,	will	often	work	together	in	tackling	some	of	the	
      issues	surrounding	antisocial	behaviour.
      Initially,	unless	a	problem	threatens	to	get	immediately	out	of	hand,	they	
      will	discuss	the	issues	with	the	offenders	to	try	and	help	them	understand	
      the	consequences	of	their	actions	and	to	try	to	discourage	any	subsequent	
      repeat	of	the	behaviour	in	question.	
      If	this	doesn’t	work	they	can	take	more	formal	action	which,	depending	
      upon	the	behaviour,	might	include	getting	offenders	to	sign	acceptable	
      behaviour	contracts.	
      If	all	efforts	fail	to	resolve	the	situation,	the	police	can	arrest	the	offenders	
      and	court	action	may	follow.	This	could	result	in	measures	being	taken	such	
      as	issuing	Antisocial	Behaviour	Orders.	In	cases	where	even	these	measures	
      fail	to	control	the	behaviour,	the	offenders	may	be	given	custodial	sentences.

      Keeping records
      In	order	for	the	police	and	other	relevant	authorities	to	take	action	around	
      antisocial	behaviour	in	your	neighbourhood,	it	is	important	that	you	are	able	
      to	give	as	much	information	as	possible.	Keep	a	record	of	when,	where	and	
      who	is	involved	with	the	antisocial	activity,	writing	down	as	many	details	
      as	you	can.	
      The	more	information	you	can	provide,	the	easier	it	will	be	for	the	authorities	
      to	proceed	with	any	further	action	where	necessary.	

      In your area:
      •	   The	local	council	has	a	named	person	or	dedicated	phone	number
      	    where	you	can	report	antisocial	behaviour.
      •	   You	can	report	problems	to	your	neighbourhood	policing	team.
      •	   If	you	are	a	tenant	or	leaseholder	of	a	housing	association	or	local	authority,
      	    contact	your	landlord	as	they	have	powers	to	tackle	problems	too.

      To	find	out	more	go	to:	www.direct.gov.uk/localcrime

      10                                                      www.devon-cornwall.police.uk




154                                              Response to Equality and Human Rights Commission Call for Evidence
                       This page is for your use

                       Please	use	this	page	to	keep	a	record	of	any	additional	thoughts	you	may	have.	
                       For	example:

                       •	 Anything	you	have	remembered	and	wish	to	bring	to	our	attention
                       	 with	regard	to	the	crime	that	you	have	experienced;

                       •	 Any	questions	you	may	have	for	us;

                       •	 Any	additional	items	that	you	have	realised	were	stolen	during	your	crime.

                       ...................................................................................................................
                       ...................................................................................................................
                       ...................................................................................................................
                       ...................................................................................................................
                       ...................................................................................................................
                       ...................................................................................................................
                       ...................................................................................................................
                       ...................................................................................................................
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                       .................................................................................................................
                       ...................................................................................................................
                       ...................................................................................................................
                       ...................................................................................................................
                       ...................................................................................................................
                       ...................................................................................................................
                       ...................................................................................................................	
                       ...................................................................................................................


                       remember	-	let	us	know	details	of	any	person	who	may	have
                       information	that	could	assist	with	the	investigation	into	your	crime.

                       www.devon-cornwall.police.uk                                                                                    11




Response to Equality and Human Rights Commission Call for Evidence                                                                             155
      response check list

      The	staff	of	Devon	and	Cornwall	Police	are	committed	to	giving	a	high	
      level	of	service	to	people	in	the	communities	they	serve.
      The	following	check	list	is	provided	to	help	our	staff	confirm	that	they	have	
      provided	you	with	all	the	information	you	will	need.

      We have:

                Given	practical	help

                Offered	advice

                Explained	what	is	going	to	happen	and	why

                Left	written	details	of	the	name	and	phone	number	of	the	officer	
      	          dealing	with	the	case

                Left	written	details	of	your	crime	reference	number

                Explained	what	further	contact	you	should	expect	–
      	          when	and	how	

                Checked	if	you	had	any	further	concerns	or	questions

                Explained	that	details	would	be	passed	to	Victim	Support	
      	          unless	you	have	declined



      Details of your officer in the case:
      Name		 ................................................................................................

      Crime	reference	number		 ....................................................................

      Contact	details	 ...................................................................................




      www.devon-cornwall.police.uk                                                     Stock code: SF798 Apr10




156                                                            Response to Equality and Human Rights Commission Call for Evidence
    Appendix O -
    James Watts Case




Response to Equality and Human Rights Commission Call for Evidence   157
      Significant Cases:

      R v James Watts (The Defendant)

      Overview of Circumstances

      The initial investigation commenced in March 2008, following a POVA (Protection of
      Vulnerable Adults from Abuse) alert, from a charity based care home for severely
      disabled adults. The alert came from a disclosure made by a foreign volunteer
      worker at the home via a translator. She described her suspicions of sexual touching
      by the part time driver for the home, James Watts (the defendant), towards two of
      the female service users. During the year and a half investigation charges were
      brought against James Watts varying from Sexual Touching to Rape of four female
      service users at this home.

      Although this was a Police led investigation, a multi agency approach was utilised via
      the Safeguarding Adults Process. This incorporated Social Services, Learning
      Disability Services, Management of the Home, Speech and Language and
      Intermediaries.

      The defendant, James Watts, was employed as a driver for twelve and half-hours
      per week, from September 5th 2005 until his suspension on 6th March 2008. This was
      a man of previous good character.

      The investigation showed how James Watts offended whilst taking the females out of
      the home to activities with the disclosures ranging from sexual touching to the
      breasts under their feeding bibs to full penetrative rape in the vehicle he used for
      transporting the females.

      It would appear that James Watts had specifically targeted these four women due to
      their severe disabilities and clear lack of verbal communication skills. This belief is
      further evidenced by his offending in front of a foreign worker who had little
      command of the English language and he felt safe that she could not verbalise her
      suspicions.

      Following a five and a half week trial at Exeter Crown Court in October 2009, James
      Watts was convicted of six counts of sexual touching (non penetrative) and acquitted
      of the rapes. James Watts was sentenced by HHJ Cottle to a term of twelve and a
      half years imprisonment.
       He commented that this case had taken offending to new depths of depravity and
      was a landmark case in the issues surrounding communication with highly complex
      disabled and vulnerable victims. He further commented that this case posed a
      sentencing problem the like of which he had never previously encountered.

      Both the conviction and sentence were appealed by the defence on three grounds:
         • The basis of the credibility and reliability of the victims. This was based upon
             their disabilities and the way they presented their disclosures in their ABE
             (Achieving Best Evidence) interviews.
         • The weak and tenuous Prosecution case.




158                                                Response to Equality and Human Rights Commission Call for Evidence
               •    The Judges Summation and direction to the jury.

          On the 8th July 2010, The Royal Courts of Justice upheld the safety of the
          convictions however; they reduced the original sentence to one of four years
          imprisonment.

          Summary of Findings;

          Whilst there are no findings as a result of a serious case review (SCR), there are
          several findings from the investigation and ultimately the Royal Courts of Justice.

          In order to fully capture all of the findings that this case presents, arrangements are
          in hand for the National Police Improvement Agency to facilitate a multi-agency
          structured de brief. From a Police perspective prior to the structured de brief there
          are a number of salient issues worthy of comment.

          An early recognition and assessment of the complexity, scale and scope of the
          investigation failed to take place by line managers. This lack of recognition led to a
          failure to establish an effective governance and structure to the investigation, and
          clearly had an impact upon perception around the merits of prosecution by the
          Crown Prosecution Service.

          The case officer’s ownership and dedication to the investigation allied to the
          identification of further victims enabled further detailed discussions between the
          Police, CPS and Counsel. These discussions led to an agreement on prosecution
          where it was agreed that there should be an objective merits based approach to
          prosecution regardless as to the vulnerability of the victims.

          A significant finding as a result of this investigation is the manner in which evidence
          is obtained from vulnerable adults who are victims. The main reason cited on the
          grounds for appeal was this very issue. There is clearly confusion between the
          Police, CPS, Counsel and the Judiciary surrounding this process often comparing it
          to that of a child interview.

          This investigation has highlighted that there is not always a base line assessment, by
          agencies, surrounding the individual’s cognitive ability, level of intelligence and
          comprehension of words, meanings and general awareness within the disability
          arena. This is evidenced by the fact that one of the victims in this case could read
          and spell, however with no real assessment previously, this was not identified.

          The role and use of Intermediaries remains unclear and ambiguous within all
          agencies but in particular between Police, CPS and the Courts. Timings of use and
          funding of Intermediaries appear to be an inhibitor and not an enabler.

          It is anticipated that there will be a number of other findings following the multi
          agency structured de brief.

          Factors on Disability;




Response to Equality and Human Rights Commission Call for Evidence                                  159
      Victim A is a wheelchair bound user at the home, with no leg or arm movement and
      at the time of her first interview had verbal skills but suffered a stroke that rendered
      her speechless with no verbal skills at all.

      Victim B is a wheelchair bound user at the home. She has no verbal communication
      skills but can communicate via an electronic aid known as an AAC (Alternative
      Augmentative Communicator), which can be attached to her wheelchair and
      controlled by her using a touch pad in her headrest.

      Victim C is also wheelchair bound and lacks all verbal communication skills. Her only
      means of communication is limited to the use of her eyes. Therefore, only direct
      questioning is possible with “Yes” “No” answers from her.

      Victim D is wheelchair bound, impaired vision and lacks verbal communication skills
      also. She can spit when she is not happy or can use three or four words randomly
      and not in any constructive way to contextualise into a form of conversation.

      All of the above victims are totally reliant on 24 hour care for all of their personal
      needs and for feeding and a lot of decision making.

      Police Recommendations

         •   That all victims irrespective as to their level of vulnerability and needs, should
             be treated as any other victim in an honest merit based objective way. This
             attitude to victims was evidenced in the early stages of this investigation by
             the both the Police and CPS having reluctance to investigate and prosecute
             based on negative judgements around the victims inability to communicate in
             a way that was perceived as ‘normal’.

         •   The production of a doctrine or manual of guidance around the investigation
             of crimes involving Vulnerable Adults. This should incorporate vulnerable
             victims, witnesses and suspects. This should act as a reference manual to the
             multitude of agencies that can assist the Police, victims and others
             encompassed within the investigation.

         •   The structure of criminal indictments and their counts can be highly
             significant. Careful framing enables potential juries to give careful analysis of
             the evidence in the context of directions to the jury around burdens and
             standards of truth. One of the reasons that the Royal Courts of Justice found
             the convictions to be safe was for this very reason that the jury had indeed
             given careful consideration in finding the defendant guilty of six of the thirteen
             counts on the indictment.

         •   A National cascade briefing of the judgement in the case of R v James Watts
             (Defendant), which has set case law and a precedent for victims with
             disabilities. The Royal Courts of Justice stated “This is the first occasion on
             which the evidence of complainants suffering from such profound levels of
             disability has been brought to the courts attention”. They then highlighted the
             relevant sections of the Youth Justice and Criminal Evidence Act 1999,
             specifically sections 16, 19, 20, 27, 29, 30 & 53. This case has provided a




160                                                  Response to Equality and Human Rights Commission Call for Evidence
                    means by which victims hitherto would not have had a voice in the criminal
                    justice system.

          Media Interest;

          During the investigation and trial the Police and CPS assisted by the courts were
          able to protect the identity of both the victims and the home. There was national
          interest from the media in particular the ‘Guardian’ who were actively campaigning
          against the safety of this conviction and trying to reflect the opinion of the defence
          team that the victims were totally unreliable due to their disabilities.

          The contrary view has been expressed by Voice UK who are celebrating this as a
          land mark achievement in the fight for equal rights for all victims regardless of their
          disabilities.

          There has been significant interest within the criminal justice system from this case
          and the DPP, Kier Starmer QC, has commented “It is a remarkable fact that only a
          few years ago we would never have prosecuted a case like this. Now you and your
          team have got justice for some very vulnerable victims”.




Response to Equality and Human Rights Commission Call for Evidence                                  161
      Appendix P -
      Custody




162                  Response to Equality and Human Rights Commission Call for Evidence
                            If You Are
                            Arrested
                                  A guide to
                                  what happens
                                  in Custody.

                                  Photographs
                                  Plain English




                  Building safer communities together




Response to Equality and Human Rights Commission Call for Evidence   163
                                                                  3. Poli
                                                                  custod
                                                                  return
                                                                  will be
                                                                  your c




                                                                  5. Ver
                                                                  charge
                                                                  until y
                                                                  usuall
                                                                 These
                                                                 you by
                                                                 or you




164   Response to Equality and Human Rights Commission Call for Evidence
                                                             Arrest
                                                                            If the police think
                                                                            you have committed
                                                                            a crime , you will be
                                                                            arrested.


                                                                            You might
                                                                            have
                                                                            handcu s
ext:
                                                                            put on your
t                                                                           wrists.
u can
ence
                                                                            You will be taken to
                                                                            the Police Station
r                                                                           in a car or van.

 ill
our                           Remember your rights!
                              You do not have to say anything
                              about the reason you were arrested.




       Response to Equality and Human Rights Commission Call for Evidence                           165
      Arriving in Custody
               You will be taken to
               a secure part of the
               police station. This is
               called ‘Custody’.




               You may be asked to
               wait with a police
               officer in a ‘holding
               cell’.




               Then you will be
               taken to the desk.




166             Response to Equality and Human Rights Commission Call for Evidence
                                               At the Desk

to a
                                                                          You will be asked
ore your
                                                                          some questions.




  iew,                                                                    You will have to give
 ll ask                                                                   in your belongings.
nd try                                                                    They will be kept safe
  hat                                                                     and you will get them
                                                                          back when you leave.


ng time,                                                                  You can ask the
ack to                                                                    custody officers to
a drink                                                                   call someone to
ng to                                                                     tell them you have
ed to.                                                                    been arrested.




     Response to Equality and Human Rights Commission Call for Evidence                            167
      Extra Help
           You have the right to
           to see a solicitor.
           You will not have to
           pay.


           You can have an
           appropriate adult to
           help you. This could
           be a social worker,
           friend, family or carer
           who is over 18 years
           old.

           The custody o cers
           may decide that you
           should see a doctor
           or a nurse. Or you
           can ask to see a
           doctor or a nurse if
           you want to.




168         Response to Equality and Human Rights Commission Call for Evidence
                                                    Your Cell
 ight to
tor.                                                                     A cell is a small,
ave to                                                                   locked room. You will
                                                                         be asked to take o
                                                                         your belt and shoes
                                                                         before you go in.
an
dult to
                                                                         There is usually a
s could
                                                                         toilet in the cell,
 orker,
                                                                         and a button
or carer
                                                                         you can
8 years
                                                                         press to
                                                                         call for
                                                                         help .
   cers
 at you
doctor                                                                   You will be o ered
 you                                                                     food and drinks .
 a
 rse if




    Response to Equality and Human Rights Commission Call for Evidence                           169
      Interview

          You can talk to a
          solicitor before your
          interview.




          At the interview,
          the police will ask
          questions and try
          to find out what
          happened.


          If it lasts a long time,
          you can go back to
          your cell for a drink
          and something to
          eat if you need to.




170       Response to Equality and Human Rights Commission Call for Evidence
dy                                       Police Records
 ken to                                                                  Fingerprints
  of the                                                                 You will be asked to
n. This is                                                               put your hand onto
 dy’.                                                                    a machine.




asked to                                                                 Photo
 olice                                                                   You will have your
 olding                                                                  photo taken.




                                                                         DNA
                                                                         The inside of your
 be
                                                                         mouth will be
desk.
                                                                         gently brushed
                                                                         with a cotton bud.




    Response to Equality and Human Rights Commission Call for Evidence                          171
              What Next?




      One of these 5 things will happen next:

      1. No further action will be taken at
      this moment in time. This means you can
      go home. There is not enough evidence
      to continue with the case.

      2. Cautions. If the o ence is minor
      then you may be cautioned or
      reprimanded for the o ence. This will
      be carefully explained to you and your                                          Remem
      appropriate adult.                                                              You do
                                                                                      about




172                        Response to Equality and Human Rights Commission Call for Evidence
                                          What Next?
                       3. Police Bail. You will be able to leave
                       custody. You will be given a form to
                       return to the Police station. The police
                       will be collecting more evidence about
                       your case during this time.

                                                   4. Court bail. You will be
                                                   released but will have to go to
                                                   court another day. This means
                                                   you have been charged with
                                                   an offence. You will be given
                                                   lots of paperwork which you
                                                   should give to your solicitor.

                       5. Very serious cases. You may be
                       charged and kept in the police station
                       until you are taken to court. This is
                       usually the next day.
                       These things will be clearly explained to
                       you by police staff. Your appropriate adult
                       or your solicitor will be able to help you.




Response to Equality and Human Rights Commission Call for Evidence                   173
                                                                                                If
                                                                                                A
                                                                                                     A
                                                                                                     w
                                                                                                     in

                                                                                                     P
                                                                                                     P


                Written and designed by
            Clare Tarling, Dorset People First
              Photography by Dave Bendell
                      Many thanks to
      Weymouth Custody Suite and Southill Day Centre.

                                                                                      Building safe




174                             Response to Equality and Human Rights Commission Call for Evidence
    Appendix Q - J9




Response to Equality and Human Rights Commission Call for Evidence   175
      Useful numbers
      North Devon Women’s Aid (Refuge) - 01271 321946
      North Devon Women’s Aid (Outreach) - 01271 370079

      Police Domestic Abuse Unit - North Devon - 01271 313446
                                                                                            J9
      Police Domestic Abuse Unit - Torridge - 01271 313444

      Victim Support - 0845 6761020
      MALE advice line - 0808 6761020
      Broken Rainbow - (lesbian, gay, bisexual and transgender
      relationships) - 08452 604460
      Addaction - 01271 325232
      AA - Alcoholics Anonymous - 0845 7697555
      Samaritans - 0845 7909090
      Devon Sexual Abuse Line - 0808 8000188
      Action on Elder Abuse - 0808 8088141

      Devon & Cornwall Constabulary
      08452 777 444 (in an emergency dial 999)
      Minicom users 01392 452935
      www.devon-cornwall.police.uk

      Childline 0800 1111

                                                                                 Help victims of
                                                                                 Domestic Abuse
                                                                                  start saving lives now

                                                    CRM-MSC-43 08/09




176                                                                    Response to Equality and Human Rights Commission Call for Evidence
       You have been specifically selected                           What can you do?
       to help your community.                                       • Display information in your premises, which is
       We are looking for local businesses that can assist             available to your customers.
       in a campaign to stop Domestic Violence and help
       victims to seek the help they so desperately need.            • Train one or more of your staff in the awareness
                                                                       of domestic violence.
       Many victims do not have access to the outreach
       support they need but do visit businesses like yours.         • When trained display the J9 logo in a
       Dentists, Pharmacies and Hairdressers have been                 prominent position, so those victims know where
       specially selected. Please do not disregard this letter,        they can obtain the relevant information, to
       you could help to save a life.                                  access the support they need.

       Many victims live with domestic abuse, and many               Devon & Cornwall Constabulary will arrange for
       die at the hands of their abuser.                             your staff to be trained and will provide leaflets and
                                                                     information packs.
       We need your help to offer support
       to these people.                                              What can you do now?
                                                                     • Display the information enclosed in a prominent
                                                                       position that is easily accessible to your
                        Janine (‘J9’) Mundy                            customers who need this information.
                        was one of those victims.
                                                                     • We will contact you to advise you when training
                        Her husband murdered her on                    will be available to your staff.
                        the 27th June 2003, in Camborne,
                        Cornwall. Janine was the mother to           • When trained display the J9 logo and start
                        two young boys who are now being               helping to save lives.
                        cared for by her family. Her family

           J9           supports this programme to raise
                        awareness and to help victims escape
                        their abusers before it is too late.




       Building safer communities together




Response to Equality and Human Rights Commission Call for Evidence                                                            177

				
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