The new policing system - transfer schemes

In the second article in a four-part series on the new policing system, Frances Woodhead looks at schemes to transfer staff and assets.

Following the election of Police & Crime Commissioners in November 2012, the Police Reform and Social Responsibility Act 2011 provided for all police staff and other rights, assets and liabilities to be vested initially in the Commissioner.

Police & Crime Commissioners and the Home Office are developing schemes for the transfer of staff and assets to Chief Constables to further Government policy that Chief Constables be responsible for operational activity and Commissioners concentrate on strategy and performance.

There is power in Schedule 15 of the Act for the Secretary of State to issue a direction, requiring transfers and the Secretary of State has written to all Police & Crime Commissioners indicating that a scheme must be submitted by 16 September 2013, setting out proposals for these Stage 2 Transfers. The Home Secretary can approve the scheme, modify it or reject it, after consultation with the Police and Crime Commissioner and staff where there is to be a transfer of staff. Once approved, the plan must be implemented by 1 April 2014.

The Home Office letter of 3 July addressed to all Police and Crime Commissioners lays responsibility for local schemes firmly at the door of each Commissioner and Chief Constable but does not shrink from suggesting what the arrangements might look like!

Commissioners are taking a variety of approaches to this ranging from a minimalist approach through to exploring opportunities for wider shared services with local authorities and other public sector partners.

Commissioners are only too well aware of the pressure there will be on resources as a result of the requirement to make budget savings. Whichever option is chosen, it will be important to ensure that the arrangements support the strategic understanding and working relationship between the Police & Crime Commissioner and the Chief Constable as to the manner in which policing strategy and police services are discharged.

The scheme will need to reflect the Police & Crime Plan. Sound governance will be essential to manage the relationships between the Secretary of State, Chief Constables, Police & Crime Commissioners, the Mayor’s Office for Policing & Crime and the Police & Crime Panels. In relation to staff, these parties will also need to consider the duty to consult with the workforce affected through their representatives together with the impact on industrial relations. Thought needs to be given, too, to the pension aspects of the transfer, and in particular how any existing LGPS deficit should be allocated as between the Police & Crime Commissioner and the Chief Constable, where staff transfer.

The initial discussions about the transfers suggested that the intention was that the Police and Crime Commissioner would retain a small staffing cohort with the bulk of staff and assets being transferred to the operational control of the Chief Constable. However, the legislation is not drafted in those terms. Schedule 15 anticipates there may be more than one transfer. There are also detailed provisions which give potential for sharing of assets and provision for apportionment or division of liabilities in contract. It is anticipated that the Home Secretary will issue a letter giving further guidance shortly. 

Conclusion

Although many Commissioners have started to think about their plans, as have their Chief Executives and Finance Directors, there is a great deal of work to be done to finalise proposals to have a scheme in place by September 2013. We would suggest that whether the plans are big or small, it will be important to have a clear shared understanding of the outcomes to assist in deciding where staff and assets can be most effectively placed. Care will also need to be taken to ensure that unnecessary expenses is not incurred or staff morale affected if there are likely to be further changes in the not too distant future.

The announcement about the forthcoming plans to reform the Fire Service confirm that streamlining of emergency services is a priority for Government. Commissioners and Chief Constables must work together through the many practical issues.

Frances Woodhead is a partner and Head of Local Government
at Eversheds. She can be contacted on 0845 498 4305 or by This email address is being protected from spambots. You need JavaScript enabled to view it..

The first article in this series, by Nigel Sternberg, on ICT and commercial agreements can be viewed here.