Multi-Agency Public Protection Arrangements (MAPPA)

Section 325 of the Criminal Justice Act 2003 ("CJA 2003") imposes a statutory duty on the Police, Probation and Prison Services in the 42 MAPPA areas in England and Wales to establish arrangements to assess and manage the risks posed by:

1. Relevant sexual and violent offenders; and
2. Other persons who, by reason of offence(s) they have committed, are considered by the Responsible Authority to be persons who may cause serious harm to the public.

Section 325(4A)(c) also states that any other person the Responsible Authority considers could contribute to the achievement of the purpose of MAPPA may also share information with the named partners, essentially extending the “Duty to Cooperate” to anyone needed on a case-by-case basis.

The Duty to Cooperate established under s.325 expressly permits the sharing of information between partner agencies, and ss. 4B(a) and (b) state that any such information sharing does not breach any obligation of confidence owed by the person making the disclosure or any other restriction on the disclosure of information (however imposed).

The statutory framework which has been established for the assessment and management of sexual and violent offenders is usually referred to as MAPPA (Multi-Agency Public Protection Arrangements). Rather than being a statutory body in itself, MAPPA exists as a statutory framework within which participating agencies operate. All agencies participating in MAPPA therefore retain their full statutory responsibilities and obligations at all times.

In addition to the participation of the Responsible Authority (“RA”) agencies in MAPPA, Section 325(3) of the CJA 2003 establishes that other agencies have a “duty to co-operate” (“DTC”) with the RA within the MAPPA framework. Agencies currently specified to participate within MAPPA include:

• Local Authority Children’s Services Departments;
• Local Education Authorities;
• Local Authority Social Services Departments;
• Youth Offending Teams;
• Local Health Board(s);
• Jobcentre Plus;
• Local Housing Authorities;
• Registered Social Landlords which accommodate MAPPA offenders;
• Electronic Monitoring providers;
• UK Visas and Immigration.

Section 325(4A)(c) also states that any other person the Responsible Authority considers could contribute to the achievement of the purpose of MAPPA may also share information with the named partners, essentially extending the “Duty to Cooperate” to anyone needed on a case-by-case basis.

The Duty to Cooperate established under s.325 expressly permits the sharing of information between partner agencies, and ss. 4B(a) and (b) state that any such information sharing does not breach any obligation of confidence owed by the person making the disclosure or any other restriction on the disclosure of information (however imposed).

Under Section 325(8) of the CJA 2003, the Secretary of State has issued national MAPPA Guidance. Being public bodies, all RA and DTC agencies have a duty imposed by public law to have regard to this guidance in exercising their functions under MAPPA.

The Criminal Justice and Court Services Act 2000 and Criminal Justice Act 2003 require Police, Probation and Prison services (jointly comprising the 'responsible authorities') to establish formal arrangements for the purpose of assessing and managing risks posed by:

• Category 1: Registered sexual offenders;
• Category 2: Violent and other sex offenders (Violent = 12 month or more sentence of imprisonment for violent offence, other sexual offenders and those subject to hospital orders with restrictions);
• Category 3: (Other dangerous offenders), a person who has been cautioned for or convicted of an offence which indicates that he or she is capable of causing serious harm and requires multi-agency management. This could also be offenders who have been previously managed at MAPPA level 2 or 3 under category 1 or 2 and still pose a risk of harm/ or other persons when their statutory requirements have ended;
• Category 4: Terrorist or terrorist risk offender:
  • They are required to comply with the notification requirements set out in Part 4 of the Counter-Terrorism Act 2008 (CTA 2008) (aged 16 or over and have been convicted (or found to be under a disability and to have done the act charged or found not guilty by reason of insanity) of an offence under s.41 or s.42 CTA 2008 and who receive a qualifying sentence of 12 months or more, a hospital order or a guardianship order);
  • They have been convicted of a relevant terrorist offence and received a qualifying sentence of 12 months or more or disposal for that offence;
  • They have been found to be under a disability and to have done the act charged/found not guilty by reason of insanity of a relevant terrorist offence with a maximum sentence of more than 12 months and received a hospital order (with or without restrictions) or guardianship order under MHA 1983 for that offence; or
  • They have committed an offence and may be at risk of involvement in terrorism-related activity (discretionary Category 4) – they have either a conviction for any offence (current or historic, within the UK or abroad); or received a formal caution (adult or young person) or reprimand/warning (young person) for any offence; or been found not guilty of any offence by reason of insanity; or been found to be under a disability (unfit to stand trial) and to have done any act charged against them and the Responsible Authority believes that they may be or become involved in terrorism-related activity. This risk does not have to relate to the offence for which they received the disposal. The offence can be any offence. It does not have to be related to terrorism and may have been committed abroad.

'Relevant sexual or violent offenders' are those:

• Subject to notification requirements of the Sex Offenders Act 2003 and as amended by the Anti-Social Behaviour, Crime and Policing Act 2014;
• Convicted of a sexual or violent offence by a court in England and Wales who receive a sentence of imprisonment of 12 months or more (As defined by Schedule 15 Criminal Justice Act 2003), detention in a YOI for a period of 12 months or more, detention during His Majesty's pleasure, detention of 12 months or more under s.91 PCC(S)A 2000 ( those under 18 convicted of certain serious offences);
• Made subject of a DTO of 12 months or more;
• Made subject of a hospital (with or without restrictions) or guardianship order (MHA 1983);
• Persons found not guilty of a sexual or violent offence by reason of insanity or under a disability but deemed to have done the act charged who are subject to a hospital order or a guardianship order are included in the definition as are persons subject to orders disqualifying them from working with children (CJCSA 2000 sections 28 and 29).

Following consultation and consideration of current practice, a single point of contact (S.P.O.C) will be introduced for the respective agencies.

The safeguarding boards of the five local authority areas have a duty to engage in this process. The contact points for Liverpool is as follows:

Liverpool

See Merseyside Local Authority Children's Service MAPPA contacts

Tony Edge,
Liverpool City Council Municipal Buildings,
Dale Street,
Liverpool
L2 2DH.

Telephone No for reception: 0151 233 0840 Direct line is 0151 233 0842

Email: safeguardingandreviewunit@liverpool.gov.uk
'For the attention of Tony Edge'.

• As part of the Risk Assessment process the Offender Manager should always consider the likelihood of harm to children;
• Many offenders due to the nature of their offending will meet MAPPA criteria and/or the risk will be such that a MAPPA meeting will be convened to consider multi-agency management;
• Children's Services designated lead officers will attend MAPPA meetings as a core member and Social Workers/Personal Advisors for open cases will also be expected to attend;
• The nominated Single Point of Contact should be contacted within the relevant Local Authority Area. In Liverpool this will be via the Quality Assurance, Safeguarding and Review Unit;
• Information regarding the names, addresses and date of birth of children at risk and the names of key workers (if known) should be included;
• All notifications should be accompanied by a “confirmation of attendance” reply slip. As far as possible the notification should be forwarded at least 14 days in advance of the MAPPA meeting to allow the name of representative and confirmation of attendance to be returned;
• In exceptional circumstances should there be a requirement to convene a MAPPA meeting at short notice the single point of contact should be contacted directly by telephone;
• If following the above procedures an agency representative does not attend the MAPPA meeting without explanation, the Chair person should contact the agency directly for explanation and escalate to their line manager if required, any repeat failure to attend should be escalated to MAPPA SMB via MAPPA Manager/Coordinator using the agreed MAPPA SMB escalation process. (See Appendix 2: Escalation, Complaints Procedure & Resolution Process Multi-Agency Public Protection Arrangements – Merseyside);
• The MAPPA Co-ordinator will be available for advice from the relevant Team Manager if required;
• The single point of contact procedure following implementation will be monitored for a period of six months and reviewed thereafter.

Appendix 1: Memorandum of Understanding between the Merseyside Local Safeguarding Children Partnerships and the Merseyside Strategic MAPPA Board

Appendix 2: Escalation, Complaints Procedure & Resolution Process Multi-Agency Public Protection Arrangements – Merseyside