Archived decisions

Hampshire County Council

Safe and Healthy People Policy Review Committee

Item 6

19 January 2007

Additional Items for Information

Report of the Chief Executive

Contact: Philippa Smart, ext 7336 e mail:[email protected]

1 Summary and purpose

1.1 To keep members informed about different aspects of national developments impacting on the Safe and Healthy People agenda of safety and wellbeing, a range of additional pre scrutiny information is being made available to members via information attached to this report, obtained from horizon scanning since the last meeting of the committee in November 2006.

1.2 The range of items cover the following key areas:

      a) National Drug Strategy: the Home Office national news release outlines successful aspects of the national drugs strategy, including the doubling of the number of those in drug treatment since 1998. Drug treatment improves the lives of those directly involved, but also saves tax payers money and enhances the safety of communities. For example, acquisitive crime, which is largely drug related, has fallen by 16 per cent.

      b) National Community Safety Plan update: the national community safety plan was put in place in 2005. An update was issued in November 2006, setting out the government's community safety priorities for 2006-2009. Communities are at the heart of the Plan, which underlines the need for citizens to be active in helping to identify community safety priorities for their neighbourhoods and to work with key agencies to make sure that they are tackled. Strong and active voluntary and community groups make a vital contribution to community safety.

      The plan lays an emphasis on closer collaboration between partners; the roles of key players in the Plan, including Local Authorities, and local partnerships such as Local Strategic Partnerships, Crime and Disorder Reduction Partnerships, Drug Action Teams etc. are outlined and minimum expectations for each of the partners are defined.

      c) Neighbourhood policing: the introduction of neighbourhood policing arose as a key priority in the National Community Safety Plan. Community support officers work in communities to build links with local people and deter anti-social behaviour. Police community support officers play a key role in neighbourhood policing; the reduction in the government's share of the grant for neighbourhood policing in Hampshire means that there will be a reduction in the number of police community support officers planned.

      d) Police and Justice Act 2006: the Police and Criminal Justice Act 2006, which received Royal Assent on 8 November 2006, is intended to build safer communities through police reform and improvements in police performance at all levels.

      One aspect of the Act, which has a potential impact on the scrutiny process, is the new community call for action mechanism, the objective of which is to give communities a way to request action on a community safety issue which they consider that the police and/or other crime and disorder reduction partners have failed to address adequately. This mechanism is over and above the local government White Paper 2006 community call for action.

      The Police and Criminal Justice Act mechanism places the ward councillor at the centre of the process, and is one of the range of tools available to them to get action on behalf of their communities, or at least an explanation of why action cannot be taken. If a problem brought to a councillor's attention cannot be resolved, the councillor could refer it to the scrutiny committee of the council, which would have a duty to gather evidence and consider whether there was a case for requiring a resolution of the problem. Timescales for action will be specified. Supporting regulations and guidance is not expected before April 2007.

      e) Local Government White Paper2006: in the spirit of encouraging Councillors to be champions for their local community, the White Paper proposes various measures to strengthen the powers and role of Overview and Scrutiny to improve accountability. These include:

      * enabling committees to review specific actions of public bodies operating in their area, other than for crime and disorder where these are included in the Police and Justice Act 2006. The range of public bodies are listed in the White Paper.

      * encouraging authorities to focus overview and scrutiny on more strategic issues, the priorities agreed as part of Sustainable Community Strategies, Local Area Agreements and other key strategic plans

      * making the committees responsible for community calls for action referred to them by councillors acting as advocates for their communities

      The ability of councillors to solve problems for their residents applies to those problems that local authorities are responsible for either alone or in partnership with others. Where such a resolution cannot be reached, local residents will be able to able to ask their councillor to take the matter up as a Community Call for Action, one response to which might be that the Councillor asks Overview and Scrutiny to investigate. This would be particularly appropriate for the more intractable or strategic issues on which councillors will need to work with colleagues and take a broader view.

f) Local Involvement Networks: the key change to the system of patient and public involvement, heralded in the White Paper ` Our Health, Our Care, Our Say' 2006, involves the demise of Public and Patient Involvement Forums and their replacement by Local Involvement Networks (LINks).

      LINks will cover the same areas as councils with social care responsibilities; the initial responsibility for setting up LINks rests with those authorities.

      LINks will be expected to contribute to the shape and quality of local health provision, by commenting on procurement and service reconfiguration consultations as well as local service standards. LINks will be expected to work closely with Health Overview and Scrutiny Committees. By virtue that LINks will also address social care services, there may well be connections in the future with Safe and Healthy People Policy and Review Committee.

g) Safeguarding Vulnerable Groups Act 2006: the passing of this Act in November 2006 strengthens the vetting and barring scheme for those working with children and/or vulnerable adults. Under the Act, existing lists will be integrated and aligned to create a single checking scheme.

      All those employing individuals to work closely with children or vulnerable adults will be required to check an individual's status in the scheme before employing them.

2 Recommendation

2.1 The committee may wish to consider whether they require additional information on any of the above pre scrutiny information topics, or ask for officer response to what actions and decisions, if any, Hampshire County Council may be contemplating in relation to these developments.

3 Financial implications

3.1 None as a direct result of this report

4 Impact assessment

4.1 None as a direct result of this report

5 Crime prevention

5.1 None as a direct result of this report

6 Section 100 D - Local Government Act 1972 - background documents

      The following documents discuss facts or matters on which this report, or an important part of it, is based and have been relied on to a material extent in the preparation of this report.

      NB: the list includes:

      1. Published works

      2. Documents which disclose exempt or confidential information as defined in the Act.

      National Community Safety Plan 2006-2009 Update November 2006. Home Office 2006

      The `Community Call for Action': Regulatory Impact Assessment. Home Office 2006

      Democratic Health Network: Local Government Bill - Arrangements for Patient and Public Involvement in Health and Social Care. 19/12/06

Appendix 1

Home Office (National)

Drug treatment works for communities

Record levels of drug treatment are transforming individuals and improving the quality of life for communities, Home Office Minister Vernon Coaker said today.

Speaking at a drugs conference organised by the Association of Chief Police Officers (ACPO), Mr Coaker said that over £7.5 billion has been invested in tackling drugs in the last five years while the numbers of those in drug treatment has more than doubled since 1998: last year 181,000 people entered drug treatment.

Mr Coaker outlined the Government's drugs strategy which aims to prevent young people misusing drugs; increase drug treatment numbers; reduce drug related crime; and crack down on the supply of illegal drugs.

Mr Coaker said:

"Our drugs strategy is working. We are investing record levels into tackling drugs, getting more and more people intro treatment. This improves individual lives, but drug treatment also enhances community safety because it cuts drug related crime. It works for the taxpayer: for every £1 spent on drug treatment, £9.50 is saved in crime and health costs.

"I welcome the new ACPO drugs strategy. It will help us to develop the Government's own drug strategy that will be formulated over the coming year before it's published in 2008.

"We remain focused on our core aims of tackling the drugs supply, increasing drug treatment and educating young people about the dangers posed by drugs misuse. We recognise the hard work that has been done but we are not complacent and will continue to work hard to reduce the misery caused by drugs misuse throughout the country."

Young people are warned of the dangers posed by drugs misuse by the Government-funded Frank campaign, which provides a website and a 24 hour confidential hotline.

Over 3,000 kg of heroin and 10,600 kg of cocaine were seized by HM Revenue and Customs in 2004/05, while the newly formed Serious Organised Crime Agency is specifically charged with targeting Class A drug supply and seizing criminal assets.

This strategy has made a real difference: over the last two years acquisitive crime, which is largely drug related, has fallen by 16 per cent. According to the most recent British Crime Survey, Class A drug use remains stable while cannabis use has fallen among young people. The use of illegal drugs has fallen by over a fifth since 1998.

NOTES TO EDITORS

1. The ACPO Drug Conference takes place today and tomorrow in Manchester. More information about the conference can be seen at http://www.acpodrugs2006.co.uk

Client ref 169/2006

Appendix 2

http://www.crimereduction.gov.uk/communitysafety01.htm

National Community Safety Plan 2006 -2009 SUMMARY

Introduction

Crime in general and violent crime in particular are falling. So is the fear of crime. But they all remain too high. If we are to make our communities still safer, everyone - from the heart of national government, through regional and local partners, right through to neighbourhoods and the people who live in them - must play their part. The National Community Safety Plan (NCSP), published in November 2005, will help us do this. A new approach to community safety Introduction

The NCSP sets out the Government's community safety priorities for 2006-2009. It outlines a new approach to community safety and aims to

manage a coherent community safety programme across Government,

providing people working in the field with a clear view of overall priorities.

Putting people at the heart of community safety Communities are at the heart of the Plan. The Plan underlines the need for citizens to be active in helping to identify community safety priorities for their neighbourhoods and to work with key agencies to make sure they are tackled. Strong and active voluntary and community groups make a vital contribution to community safety.

NCSP themes

The NCSP is built around 5 themes:

      o Making communities stronger and more effective

      o Further reducing crime and anti-social behaviour

      o Creating safer environments

      o Protecting the public and building confidence

      o Improving people's lives, so they are less likely to commit offences or re-offend.

The NCSP incorporates the National Policing Plan 2006-2009 which sets out the Home Secretary's key priorities for police forces and authorities.

The vital role of local partners

The NCSP signals the beginning of a new way of working on community safety, with much closer collaboration between central government and local agencies in the setting of priorities and the development of new policies and initiatives. Many of these agencies work together as local partnerships on a range of matters such as health, children's issues, employment, and environmental issues as well as policing, drugs prevention, crime, and anti-social behaviour. This enables them to bring holistic approaches to local problems and deliver what is important to local people. The vital role of local partners

The Government departments contributing to the NCSP are:

Department for Constitutional Affairs

Department for Culture Media and Sport

Department for Education and Skills

Department for Environment, Food and Rural Affairs

Department of Health

Department of Trade and Industry

Department for Transport

Department for Work and Pensions

Home Office

HM Treasury

Office of the Deputy Prime Minister

Appendix 3

Hampshire Police Authority angry over funding announcement bombshell

Hampshire Police Authority has hit out at the Government following the announcement that its share of the grant for neighbourhood policing has been reduced by £2.7m in 2007/08. This means Hampshire will now be recruiting 206 fewer police community support officers than planned.

The Government had promised £9.2m to Hampshire in 2007/08 for the recruitment of 539 police community support officers (PCSOs) over the next 15 months, but when the provisional grant settlement for 2007/08 was announced last week, it revealed that this specific grant had been reduced by £2.7m. Instead, Hampshire is to get a one-off grant of £535,000 to be used for neighbourhood policing, but not necessarily for new PCSOs as promised.

Mike Attenborough-Cox, Chairman of Hampshire Police Authority, said: "Neighbourhood policing is a top priority for us - we know it is what the residents of Hampshire and the Isle of Wight want and expect. While it may be perceived as a good thing that the Government is providing us with a grant to be used how we see fit, it is shocking to learn of the reduction in settlement.

"This is a major U-turn by the government, given the commitment made earlier in the year. The PCSOs we already have deployed across Hampshire and the Isle of Wight have proved very successful, and it is extremely disappointing to learn that communities are not going to benefit in the way we had anticipated.

"Initial indications show that the total grant Hampshire is likely to lose over the next two years is £5.8m. We are currently working on how we can best use the number of PCSOs we have, but it is inevitable that this will mean spreading numbers thinner. It will be difficult to achieve the level of neighbourhood policing the Government demands with 206 fewer officers."

"However, this does not alter our resolve to deliver the best police service possible within the resources available."

The government had set a target nationally for the recruitment of 24,000 PCSOs. This has now been reduced to 16,000 across England and Wales with a total loss of grant across all police forces of £60m.

ENDS ---6 December 2006--- Alison Taylor ---01962 814852

Notes to editors:
Hampshire Police Authority is independent of Hampshire Constabulary. It is responsible for securing an efficient and effective policing service for Hampshire and the Isle of Wight. It sets the annual police budget, ensures the Constabulary achieves best value for the money spent and publishes the Local Policing Plan. The Authority also consults communities on policing issues.

Appendix 4

1 Police Reform

1.1 Police and Justice Act 2006

The Police and Justice Act 2006 received Royal Assent on 8 November 2006. A copy of the Police and Justice Act and the Police and Justice Act Explanatory Notes will be available for download here shortly. The Police and Justice Act 2006 will help build safer communities by driving forward key elements of the Government's police reform programme and measures contained in the Respect Action Plan. It will help sustain further improvements in police performance at neighbourhood, force, national and international levels.

The main measures of the Act will:

    · establish the National Policing Improvement Agency (NPIA) - an agency to identify and disseminate good practice, assist police forces to deliver the national `mission critical' priorities and provide operational policing support when needed.  The NPIA will replace the existing Centrex (which leads on police training and development) and the Police Information Technology Organisation (PITO) and will also subsume parts of the Home Office;

    · make a number of changes to the composition and method of appointment of members of police authorities to simplify the arrangements, particularly the current convoluted process for appointing independent members;

    · confer upon police authorities a number of new functions and powers, including holding the chief officer to account for the exercise of his functions. The Act will enable the Home Secretary to confer other functions upon police authorities by order. amend the existing statutory powers to allow the Home Secretary to take action where the whole or part of a police force is underperforming, to ensure that they are framed more appropriately;

    · create a standard set of powers available to all Community Support Officers (CSOs) regardless of their force. This will resolve the issue of public confusion surrounding CSO powers and help clarify their role. It will also ensure that CSOs in all areas have the powers they need to deal with the issues of anti-social behaviour and low level crime as part of neighbourhood policing teams;

    · provide the police with a new power to enable them to stop and search any person or vehicle in any area of an airport, where they have reasonable grounds to suspect that criminal activity has, or is about to take place.  This will simplify the powers available to the police at airports to reduce airside theft, reduce opportunities for terrorist activities in the UK and reduce the smuggling of prohibited goods;

    · enable Chief Constables to accredit Trading Standards Officers (TSOs) with the power to issue Penalty Notices for Disorder (PNDs) to free the police from having to provide an accompanying officer for test purchase operations;

    · extend the conditional caution scheme to provide for punitive conditions to be attached, in addition to the reparative and rehabilitative conditions already allowed and introduce a power of arrest for breach of a Conditional Caution;

    · amend the partnership provisions of the Crime and Disorder Act 1998 to make Crime and Disorder Reduction Partnerships (CDRPs) (in Wales Community Safety Partnerships) a more effective vehicle for tackling crime, anti-social behaviour and substance misuse in their communities;

    · create a mechanism, called the `Community Call for Action', to give communities the means to request action on a community safety issue which they consider that the police or other crime and disorder reduction partners have failed to address adequately; and

    · amend the Anti-Social Behaviour Act 2003 (the ASB Act) to extend the range of agencies that can enter into parenting contracts and apply for parenting orders beyond Youth Offending Teams and Local Education Authorities to include other parts of the local authority such as housing officers and Anti-social Behaviour co-ordinators as well as registered social landlords.

Territorial extent

All the provisions in the Bill extend to England and Wales. In addition a number also extend to Scotland and Northern Ireland.

1.2 Additional Information and Related Documents

    · The White Paper `Building Communities, Beating Crime: a better police service for the 21st century', set out the Government's strategy for strengthening the ability of the police and their partners to prevent, deter, detect and reduce crime. Part 1 of the Act gives effect to the provisions in the White Paper that require primary legislation.

    · In August 2005 the Home Office published its consultation paper `Standard Powers for Community Support Officers and a Framework for the Future Development of Powers'. A summary of the responses to this consultation together with the Government's response was published in January 2006 and is available on the Home Office website (new window).

    · The Government launched its anti-social behaviour strategy - the TOGETHER campaign (new window) - in 2003.  Following the establishment of the Respect Task Force in September 2005, the Prime Minister published the Respect Action Plan (new window) in January 2006. Clauses 12 to 21 gives effect to a number of proposals in support of these last two limbs of the Action Plan.

    · Crime and Disorder Act Review (new window) findings report on the Police Justice Bill  

1.3 The Police and Justice Bill

This section contains documents relevant to the passage of the Bill through Parliament form 25 January to 8 November 2006.

Copies of the Bill and Explanatory Notes

Click on the following links to download the Bill and associated documents:

Regulation Impact Assessments

The Regulation Impact Assessment (RIA)  is a framework for analysis of the likely impacts of a policy change and the range of options for implementing it. It is a comprehensive and flexible tool which considers:

 

Police and Justice Bill Amendments

 

  House of Commons

    · Letter from Hazel Blears (Minister of State) to Nick Herbert MP. Letter details the first Government Amendments to the Police and Justice Bill at Committee Stage. The amendments address the National Policing Improvement Agency's direct recruitment of police officers (13.03.06)

    · Letter from Hazel Blears to Nick Herbert detailing the second Government amendments to the Police and Justice Bill at Committee Stage. The amendments address: Crime and Disorder reduction; Her Majesty's Chief Inspector for Justice, Community Safety and Custody; and forfeit of indecent photographs of children. (15.03.06)

    ·

      Letter from Hazel Blears to Nick Herbert on Commons Report Stage Amendments.

 

House of Lords

 

 

Consideration of other House's Amendments

Letters relating to the Police and Justice Bill

    ·  Charles Goldie responds to some of the concerns raised by the Association of Police Authorities about the Police and Justice Bill (28/02/06)

    · Charles Goldie (Manager of the Police and Justice Bill) responds to the Police Federation's concerns about the Police and Justice bill (09/03/06)

    · Hazel Blears responds to concerns on funding for airport policing and World Cup policing (24/03/06)

http://www.police.homeoffice.gov.uk/police-reform/PoliceandJusticeBill1/

Appendix 5

White paper update

What the white paper says

As expected, the white paper builds on the proposals made in the Police and Justice Bill (now the Police and Justice Act 2006) for a community call for action mechanism, which applies more generally to local government. The concept and procedure is largely the same:

    _ Community Call for Action (CCfA): Local residents have concerns about persistent or serious problems in their area or want to influence policies

    _ First level of response: Councillor takes up communities concerns

    _ Second level of response: Councillor asks Council Executive to take action

    _ Third level of response: Councillor asks Overview and Scrutiny to investigate

    _ Fourth level of response: Overview and Scrutiny committee considers, rejects or makes recommendations - which may be accepted or rejected by the council executive/local partners

However, there are some key differences to the Home Office proposals in the white paper:

    _ The white paper places more of an emphasis on the role of the councillor, rather than on the rights of the public in triggering the mechanism. It states that "councillors will, from their correspondence and knowledge of their area and its people, identify issues which are of significant concern to the communities they represent". Additionally, councillors will be expected to ensure that those who are more vulnerable and least likely to speak out have their views and needs represented.

    _ The white paper goes further than the Police and Justice Act in giving powers for councillors to resolve problems themselves. It proposes that local authorities consider what powers and budgets could be devolved directly to councillors in order to help them deal with minor problems.

    _ While councillors will be expected to play a similar role in `filtering out' frivolous or vexatious complaints, the White paper goes further in proposing the introduction of legislative safeguards to ensure that councils and scrutiny committees do not waste too much time on these types of complaints. They do not go into much detail at this stage however.

    _ The Home Office proposals do not give much scope for local flexibility procedurally. The White paper however allows for scrutiny committees to `set their own rules in light of local circumstances', which could include for example limiting the number of CCfAs brought before the Scrutiny Committee.

    _ Unlike the Home Office proposals, there do not appear to be any limitations as to whether County councillors can initiate a CCfA or not (the Home Office proposals relate only to district councillors in two-tier areas). This is likely to make the mechanism more accessible to members of the public.

Generally speaking the proposals are a positive step forward in empowering both communities and councillors.

However, one disadvantage is that with two central government departments developing two slightly different mechanisms for the CCfA, there is some scope for confusion.

The white paper states that 'Other than for crime and disorder matters, the CCfA will work as follows', therefore creating an exception for community safety issues. There is no real clear logic in having this separation, and it is likely to create confusion amongst both members of the public and councillors. There are likely to be instances for example where a problem raised does not fit clearly into one category or the other. Together with the LGA, we will be working with the Home Office and DCLG to ensure that there is more clarity over these types of issues.

http://www.idea-knowledge.gov.uk/idk/core/page.do?pageId=5550379

Appendix 6

1.4 Local Involvement Networks - procedural information and inquiry announced (DHN)

http://www.dhn.org.uk/briefing-detail.jsp?&id=1246&md=0&section=briefing

      Author: David Janner-Klausner

      Reference No: PB 1246/06D

      This covers: England

1.5 Overview

Earlier this year the government published proposals to replace the existing patient and public involvement (PPI) forums with new bodies to facilitate local NHS accountability, called local involvement networks (LINks).  LINks will be  closely involved in the commissioning role of local Primary Care Trusts (PCTs), through which PCTs will increasingly shape local health provision. LINks are to be based on PCT areas, rather than being concerned with the functions of each NHS trust in the manner of the PPI forums.

In it July document, A Stronger Local Voice (see web link and DHN Policy Briefing), the government suggested that local authorities will play a role in setting up LINks and that local authority health overview and scrutiny committees will work closely with them. Legislation to enable the process of switching from PPI forums to LINks will be initiated soon.

On Friday 10 November 2006, the Minister of Health Rosie Winterton sent a letter to local authority Chief Executives, spelling out initial transitional arrangements. Local authorities are required to nominate a liaison official for the purpose of establishing LINks. Local authorities will be expected to commission support for their local LINk and will receive funding for this purpose. The letter also announces the creation of several pilot LINks, that will operate in advance of the legislation being put in place. 

The House of Commons Health Committee is to carry out an inquiry into patient and public involvement in the NHS. The terms of reference and call for evidence will be published after the Queen's Speech.

1.6 Briefing in full

1.6.1 Background

On 10 November 2006, the Minister for Health sent a letter, made public, to chief executives of local authorities with social services responsibilities regarding the arrangements for setting up local involvement networks (LINks). LINks were first mooted in the White Paper, Our health, our care, our say published in January 2006, as a replacement for Patient and Public Involvement Forums. A further document, A stronger local voice was published in July following an expert review on arrangements for patient and public involvement in health. This document gives a more detailed outline of the structure, roles and responsibilities of the LINks.

Also, this month the House of Commons Health Committee announced that it is to conduct a short inquiry into arrangements for patient and public involvement in the NHS. The Committee will publish detailed terms of reference and a call for evidence after the Queen's Speech (15 November 2006), in which legislation concerning LINks could be announced.

In this Policy Briefing we summarise the key features of the proposed LINks and the transition arrangements announced by the minister. We also provide some additional information on the remit of the Health Committee inquiry.

1.6.2 Key features of LINks

LINks will be arranged geographically rather than being relating to an individual NHS trust. A LINk will be coterminour with local authorities with social services  responsibilities. About 70% of these local authorities have boundaries that correspond with those of their Primary Care Trusts, following the October 2006 reconfiguration of PCTs.

A Stronger Voice, proposes that LINks will be:

    · meeting places for voluntary organisations and individuals with concerns about local health and social care  

    · consulted about service and commissioning arrangements

    · expected to work closely with health overview and scrutiny committees which, themselves be expected to focus on commissioning arrangements  

The right to visit and inspect NHS premises held by PPI forums will not be transferred to LINks. 

1.6.3 Transition arrangements

The minister's letter confirms the following arrangements:

    · funding for LINks will be provided from central government to all relevant authorities

    · legislation will place a duty on local authorities to identify the most appropriate local arrangements for hosting and supporting LINks and place a contract with them

    · seven "early adopter" sites will pilot LINks , supported by the Commission for Patient and Public Involvement in Health. They will be located in County Durham, Doncaster, Manchester, Hertfordshire, Kensington & Chelsea, Medway and Dorset.

More details on how LINks could work will be published, following the consultation on A Stronger Local Voice.

Local authorities are requested to nominate an individual to lead on the procurement of LINks. To avoid conflict of interest, this person should not have any involvement in commissioning social care.

The Department of Health is holding an event in London on Wednesday 13 December 2006 to introduce LINks.  Details are available from the Commission for Patient and Public Involvement in Health (0121 222 4547).

1.6.4 The Health Committee inquiry

Earlier this month the Health Committee of the House of Commons announced its intention to hold an inquiry into public and patient involvement in the NHS, starting in early 2007. The Committee intends to consider:

    · the purpose of public and patient involvement

    · the powers and make-up of the proposed LINks

    · public consultations under Section 11 of the Health and Social Care Act 2001.

Detailed terms of reference and a call for evidence will be published shortly after the Queen's Speech (15 November 2006).

1.6.5 Comment

Both the additional information on the transition to LINks and the Health Committee inquiry into public and patient involvement in the NHS are welcome. The minister's letter provides a measure of clarity about processes in the immediate future. Hopefully, there will be greater clarity about the role and working processes of LINks in the forthcoming consultation report. As things stand, it is not clear how LINks will be able to influence local decisions effectively and how the gap left by the inspections carried out by the predecessor bodies will be filled satisfactorily. The large geographic area covered by LINks may also pose a problem for volunteer involvement.

The idea of piloting LINks in a number of locations is positive, although there is a proviso about timing. Ideally, there would be an opportunity to observe alternative models over a reasonable period before rolling it out nationally. However, the prospect of imminent legislation suggests that there will be no opportunity of learning from the pilot projects . On the other hand, the need to await lessons from the pilots could delay the legislative process, leading to an extended period of uncertainty.

The Health Committee inquiry will take place in the interm. Hopefully, the inquiry will influence the legislation that might well be running its course in parallel.

In the meanwhile, the Conservative Party has come up with its own suggestions for patient and public voice under the heading of "Health Watch". DHN has published a separate Policy Briefing on the Opposition proposals (follow the link provided).

1.7 Additional Information

1.7.1 DHN SEMINAR: HEALTH OVERVIEW AND SCRUTINY - THE NEW CHALLENGES

TUESDAY, 12 DECEMBER 2006 IN CENTRAL LONDON

DHN is holding a special seminar to look at how recent developments are impacting on health overview and scrutiny. We will look at how the annual health check process has been addressed and at the likely impact of the introduction of LINks.

Spaces are limited and going fast. To book please visit the Events Calendar section of the DHN web site www.dhn.org.uk and go to December.

1.8 Covers

    · Adult social care

    · Health

Appendix 7

http://www.bexley.gov.uk/service/children/dev/docscaf/may06_SVGBillFactsheet.pdf

Factsheet

Safeguarding Vulnerable Groups Bill

The Safeguarding Vulnerable Groups Bill provides the legislative framework for the introduction of a new vetting and barring scheme for those working with children and/or vulnerable adults. The scheme is the Government's response to Recommendation 19 of the Bichard Inquiry, 2004, and follows a public consultation on the proposals. Background and historic improvements

Protection of children and vulnerable adults is a top priority of the Government.

This Government has built on the work of previous Governments to tighten the vetting and barring systems for those working with children and vulnerable adults including the creation of the Protection of Children Act (POCA), the Protection of Vulnerable Adults Scheme (POVA) in 2000, a comprehensive overhaul of sex offences legislation in 2003, and the creation of the Criminal Records Bureau in 2002.

The Care Standards Act 2000, together with the Green Paper "Independence, Well-Being and Choice" and the recently published White Paper "Our health, our care, our say" has put in

place the foundations for a system overhaul of the way care services are delivered to all adults.

The Children Act 2004 strengthened the arrangements made to safeguard and promote the welfare of children; requiring key people and organisations to make safeguarding arrangements for children and requiring agencies to work together through local safeguarding children boards.

The Secretary of State for Education and Skills' statement and report of 19 January announced how the system of safeguards would be strengthened further including replacing List 99 with a

new system to be introduced via the Safeguarding Vulnerable Groups Bill, announced in the Queen's Speech, 2005. Objective of the Vetting and Barring Scheme

    o The primary aim of the new vetting and barring scheme is to make safeguarding a top priority -barring individuals from working in situations where the evidence suggests that they present a risk of harm to children or vulnerable adults.

The reformed system must also be:

    o Rigorous, using proper expert advice at appropriate points.

    o Clear that everybody has a responsibility for ensuring children and vulnerable adults are safe - the government, service providers, individuals, families, parents and the public.

    o Transparent, with a clear relationship with other data sources, and clear responsibilities on those running the scheme, the police, employers, and other stakeholders.

    o Fair to individuals, in particular not penalising any individual beyond what is reasonable to ensure the protection of children and vulnerable adults from harm, including appeal and review proceedings.

How will the improvements on the current systems?

    o List 99 and the Protection of Children Act list will be integrated to create a single list of people arred from working with children and there will be a separate, but aligned, list of people barred from working with vulnerable adults. Where evidence suggests the individual presents a risk to both children and vulnerable adults they will be placed on both lists.

    o A barring decision will be made on application to work with children or vulnerable adults on the basis of an individual's criminal history, as well as following referrals from employers and other bodies.

    o An expert board, independent of Ministers, will be established and given statutory responsibility for all discretionary barring decisions.

    o Barring decisions will be updated as soon as any new information becomes available. Every reasonable effort will be made to notify current employers if an employee becomes barred. It will be a criminal offence for a newly-barred individual to continue working with children/vulnerable adults.

    o Under the new scheme employers will be able to check the barred status of all those who applying to work or working in jobs that bring them into contact with children or vulnerable adults, including for the first time:

        o Those employed in the context of private family arrangements such as nannies, music teachers, care workers

        o Those who have substantial access to personal and sensitive information about children or vulnerable adults;

    o All those employing individuals to work closely with children will be required to check barred status before employing them except where the employment occurs in the context of private family arrangements

    o Information from a wide range of agencies will be assessed centrally by the new vetting and barring board: there will be duties on police, employers, professional and regulatory bodies, and local authorities to provide relevant information.