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Tuesday 30 May 2017
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Leeds Integrated Offender Management Process: Information Sharing Agreement

KR/P/2/1.0
Author: Leeds IOM; DOMU (Drugs and Offender Management Unit)

Contents

SUMMARY SHEET

 

  1. INTRODUCTION

  2. PURPOSE

  3. PARTNER (S)

  4. POWER (S)

  5. PROCESS

  6. DATA QUALITY

  7. SECURITY

  8. COMPLAINTS & BREACHES

  9. AMENDMENTS TO THE AGREEMENT

  10. SUBJECT ACCESS

  11. FREEDOM OF INFORMATION

  12. SIGNATURE

 

Appendix A:Leeds Drug Intervention Information Sharing Agreement

Appendix B:Leeds Substance Misuse Information Sharing Agreement                 


 

SUMMARY SHEET

Leeds Integrated Offender Management Information Sharing Agreement

 

ISA Ref:

001/ Leeds IOM

 

 PURPOSE

To reduce crime and offending in the Leeds City Council area through joint and coordinated action by partner agencies to achieve integrated offender management.

PARTNERS

Leeds City Council

West Yorkshire Police

West Yorkshire Probation Board

The Youth Offending Service

Her Majesty’s Prison Service

Group 4 Securicor

Developing Initiatives Supporting Communities

Crime Reduction Initiative

Date agreement comes into force:

1.11.08

Date of Agreement Review:

1.04.09

Agreement Owner:

West Yorkshire Police

Agreement Drawn up by:

Detective Inspector Granville Ward

Location of Agreement in Force:

S/ Information Sharing/ IOM/ Leeds

Protective Marking:

Not Protectively Marked

 

VERSION RECORD

 

 

 Version No.

 

 

Amendments Made 

 

Authorisation 

 

                        

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. INTRODUCTION

1.1 The Safer Leeds partnership is committed to the successful implementation of Integrated Offender Management (IOM) processes within Leeds. IOM is the process of delivering to those offenders identified as of most concern to police and communities a range of diversion, enforcement and rehabilitation interventions intended to stop, reduce or prevent offending behaviour.

 

1.2 This agreement is an Appendix to the document Integrated Offender Management Leeds Operational Guidelines which describes detailed processes for joint inter agency working to achieve IOM and compliments the documents Leeds Drug Intervention Information Sharing Agreement (February 2008 and Appendix A) and the Leeds Substance Misuse Information Sharing Agreement (Appendix B). Those documents describe detailed procedures facilitating the sharing of information in relation to drug misusing offenders in receipt of services related to that drug use who are engaged with the Criminal Justice Intervention Team (CJIT). The constituent members of the CJIT are detailed at (3) below and are signatories to this agreement in their own right.

 

 

2. PURPOSE

2.1 The purpose of this document is to enable routine and effective information sharing between partner agencies to ensure a successful IOM process in Leeds. This information exchange will take place at Divisionally located interagency PPO/IOM Case Conferences and in the course of routine day to day case management by the agencies party to this agreement.

 

 

3. PARTNER (S)

3.1 This agreement is between the following partners:

West Yorkshire Police

Leeds City Council

West Yorkshire Probation Board

The Youth Offending Service

Her Majesty’s Prison Service

Group 4 Securicor (G4S)

Developing Initiatives Supporting Communities (DISC)

Crime Reduction Initiative (CRI)

 

3.2 It will be the responsibility of these partners to ensure that:

  • Realistic expectations prevail from the outset

  • Ethical standards are maintained

  • A mechanism exists by which the flow of information can be controlled

  • The integrity of the data

  • Appropriate training is given

  • Adequate arrangements exist to test adherence to the Agreement

 

 

4. POWER (S)

This agreement relies upon the following legal powers:

 

 

The Data Protection Act 1998

All information held by partner agencies is subject to this Act which details seven rights of the individual in relation to data held about them:

  • Access

  • Prevention of processing causing damage/distress

  • Prevention of processing for marketing

  • Rights in relation to automated decision making

  • Right to compensation if harm suffered

  • Right to amend/delete inaccurate data and

  • Right of appeal to a commissioner if the Act has been breached.

 

and eight legally enforceable principles restricting the use of that data which should be:

 

  • Processed fairly and legally

  • Obtained for a lawful purpose

  • Adequate, relevant and not excessive to its purpose

  • Accurate and up to date

  • Not kept longer than necessary

  • Processed in accordance with the rights of the data subject

  • Protected against unlawful processing or loss

  • Not transferred outside the European Union.

 

Section 29 of the act allows information to be disclosed to third parties where the purpose is:

 

The prevention or detection of crime

Or

the apprehension or prosecution of offenders.

 

This is not a cover all exemption from the need to obtain consent and is only available where there is a real likelihood of prejudice to one of those purposes were consent to be sought.

 

 

The Crime and Disorder Act 1998

Section 115 of this Act provides authority for specified bodies, including the police and local authorities, to disclose information to each other for purposes specified in the Act, and particularly section 17, their duty to prevent crime and disorder.

 

 

Human Rights Act 1998

Article 8.1 provides that:

 

Everyone has the right to respect for his private and family life, his home and correspondence.

 

Article 8.2 states that:

 

There shall be no interference by a public authority with the exercise of this right (except) in the interest of national security, public safety, or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedom of others.

 

 

Common Law Duty of Confidentiality

The duty of confidentiality requires that unless there is a statutory requirement to use information provided in confidence it should only be used for purposes that the subject has consented to, but that this duty is not absolute and can be overridden if the holder of the information can justify disclosure as being in the public interest, that is to protect others from harm.

 

 

5. PROCESS

This agreement has been formulated to facilitate the exchange of information between Partners. It is however, incumbent on all partners to recognise that any information shared must be justified on the merits of each case.

 

5.1 Types of information to be shared:

5.1.1 West Yorkshire Police will share:

i. Details of previous criminal convictions

 

ii. Details of all arrests

 

iii. Offender management action plans/ tasking subject to operational restrictions (e.g. potential none disclosure in operationally sensitive situations such as covert surveillance)

 

iv. Domestic violence incidents: The rights of the victim are recognised and must be protected in the exchange of any information relating to domestic violence. Consideration will be given to the provision of an anonymised history. Where issues of risk to a particular victim or potential victim are apparent consideration will be given to the provision of additional information.

 

v. Child protection reports and investigations where relevant to current risk of offending;

 

vi. DOMU police officers seconded to the CJIT DIP will provide details of Custody drug test results, restriction on bail (ROB) status and compliance, details of attendance at Required Assessments and information as at part (vii) below where that is commensurate with the Leeds Drug Intervention Information Sharing Agreement cited above.

 

vii. Any other Information which has a relevant intelligence value, for example known associates, places frequented or significant events which may influence the likelihood of reoffending where that information may be disclosed in compliance with the assigned National Intelligence Model dissemination code.

 

5.1.2. Leeds City Council Anti Social Behaviour Unit will share:

i. Details of complaints received and investigations commenced in respect of PPO/ IOM designated individuals;

 

ii. Details of pre Court measures taken such as warning letters and ABCs;

 

iii. Information re past, current or proposed Court proceedings in respect of anti social behaviour complaints, for example evictions, ASB Orders, Injunctions and Undertakings;

 

iv. Information which has a relevant intelligence value, for example associates, places frequented or significant events which may influence the likelihood of reoffending obtained in the course of case investigation;

 

v. Relevant tenancy information drawn from the Orchard system;

 

5.1.3 West Yorkshire Probation Board:

i. Details of Offender Assessment System ( OASys) risk assessments including static and dynamic risk factors, the level of risk of reoffending and seriousness of that offending and against whom ;

 

ii. Details of proposed or current licence conditions and proposed amendments;

 

iii. Details of Sentence Plans and associated information, for example earliest release dates, HDC dates, and licence and sentence expiry dates;

 

iv. Details of Community Orders;

 

v. Reporting and compliance behaviours;

 

vi. Hostel placements and compliance with hostel requirements;

 

vii. Details of proposed breach action;

 

viii. Any other information which has a relevant intelligence value, for example associates, places frequented or significant events which may influence the likelihood of reoffending and obtained in the course of routine case management;

 

5.1.4 Leeds Youth Offending Service

i. Relevant sections of the Asset assessment including the level of risk of offending and the risk of serious harm ;

 

ii. Intervention Plans, objectives and reviews;

 

iii. Details of reporting and compliance behaviours;

 

iv. Details of breach actions;

 

v. Any other information which has a relevant intelligence value, for example associates, places frequented or significant events which may influence the likelihood of reoffending and obtained in the course of routine case management ;

 

5.1.5 HM Prison Service

i. Information re daily prison releases including End of Custody Licence (ECL) releases, including release addresses;

 

ii. Details of internal prison transfers;

 

iii. Details of proposed/ projected release dates;

 

iv. Information detailing offender’s prison history including adjudications, course attendance and self harm incidents;

 

v. Any other information which has a relevant intelligence value or other significant events which may influence the likelihood of reoffending in the community and obtained in the course of routine management ;

 

5.1.6 Group 4 Securicor.

i. Details of all offenders subject to a Tagging Order as either a condition of bail or sentence order;

 

ii. Details of all cases where it has not been possible to install monitoring equipment;

 

iii. Where an offender subject of bail conditions has breached the bail conditions in respect of his tagging curfew ;

 

iv. Where an offender is subject to a tagging order as part of a sentence and breaches that curfew, details of the breach, action taken to return the offender to Court and the progress and outcome of that action;

 

v. Where an offender is subject of a tagging order as a result of a sentence and is subject to additional terms and under Probation or YOS supervision, details of any breach of the tagging terms;

 

vi. Any other information which has a relevant intelligence value which may influence the likelihood of reoffending in the community and which is obtained in the course of routine management of the tagging process ;

 

5.1.7 DISC

i. Subject to the necessary restrictions indicated in the above detailed Leeds Drug Intervention Programme Information Sharing Agreement (Appendix 1) in respect of confidential medical information, DISC will supply all information contained in the offender’s Management Plan, for example details of employment and housing. This will include objectives of the plan, progress and the offender’s engagement, and any other information which has a relevant intelligence value, for example details of current associates, life style factors or other significant events which may influence the likelihood of reoffending in the community and obtained in the course of routine management ;

 

ii. Subject to the provisos in respect of confidential medical information DISC will disclose such information as necessary to prevent self harm by the offender or harm to others, or where there is a substantial public interest served in doing so;

 

5.1.8 CRI

i. Subject to the necessary restrictions indicated in the above detailed Leeds Drug Intervention Programme Information Sharing Agreement (Appendix 1) in respect of confidential medical information, CRI will supply all information contained in the offender’s Management Plan, for example details of employment and housing. This will include objectives of the plan, progress and the offender’s engagement, and any other information which has a relevant intelligence value, for example details of current associates, life style factors or other significant events which may influence the likelihood of reoffending in the community and obtained in the course of routine management

 

ii. Subject to the provisos in respect of confidential medical information CRI will disclose such information as necessary to prevent self harm by the offender or harm to others, or where there is a substantial public interest served in doing so;

 

 

5.2 Constraints on the use of information:

5.2.1 The information shared must not be disclosed to any third party and must not be used or disclosed for any other purpose. It must be stored securely and destroyed when it is no longer required for the purpose for which it is provided.

 

5.2.2 Disclosure of personal data must be relevant and only the minimum amount required for the purpose and can only be used for the purpose for which it is supplied.

 

5.2.3 The identity of the originator must be recorded against the relevant data. No secondary use or other use may be made unless the consent of the disclosing party to that secondary use is sought and granted in writing.

 

5.2.4 Disclosure of personal information should only be made provided that it can be demonstrated that it is required for a policing purpose as defined in the code of practice for the management of police information. E.g.

  • Protecting life & property

  • Preserving order

  • Preventing the commission of offences

  • Bringing offenders to justice

  • Any duty or responsibility arising from common or statute law

 

5.2.5 Disclosure must be compatible with the second data protection principle:

  • “Personal data shall be obtained for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes”

 

 

5.3 Roles and Responsibilities under this agreement:

5.3.1 The sharing of information must only take place where it is valid and legally justified.

 

5.3.3 The Leeds IOM Project Group should regularly discuss in the course of routine meetings how the agreement  is working.

 

5.3.4 Any request for personal information must meet one or more of the policing purposes.

 

5.3.5 Within West Yorkshire Police, the ISA must be held and managed centrally by the Head of Information Management.

 

 

5.4 Specific Procedures:

5.4.1 This Protocol governs only the exchange of information between the participatory agencies for the purposes of Integrated Offender Management in accordance with the Integrated Offender Management Leeds Operational Guidelines of which this document is an Appendix. This exchange will take place on a daily basis between agency staff engaged in joint offender management and through the Divisional Case Conference procedures detailed in that document.

 

5.4.2 Detailed guidance of how information will be shared by participatory agencies is contained in the document.

 

 

5.5 Review, Retention and Deletion

5.5.1 Partners to this agreement undertake that personal information shared will only be used for the specific purpose for which it is requested. The recipient of the information is required to keep it securely stored and will confidentially shred and destroy it when it is no longer required.

 

5.5.2 Files containing information from partner sources will be reviewed every six months by each holding agency to ensure that the retention of the information is justifiable.

 

5.5.3 The recipient will not release the information to any third party without obtaining the express written authority of the partner who provided the information.

 

 

5.6 Review of Information Sharing Agreement 

5.6.1 The ISA will be monitored six months after its implementation by the IOM Implementation Group and annually thereafter.

 

5.6.2 The nominated holder of this agreement is West Yorkshire Police. It is based on the national template for information sharing which forms part of the guidance issued on the Management of Police Information by ACPO and the Home Office.

 

 

5.7 Indemnity

5.7.1 All the partnersdetailed at 1 as receivers of police information will accept total liability for a breach of this Information Sharing Agreement should legal proceedings be served in relation to the breach.

 

 

6. Data Quality

6.1 Information discovered to be inaccurate or inadequate for the purpose will be notified to the data owner who will be responsible for correcting the data and notifying all other recipients of the data who must ensure that the correction is made.

 

6.2 Any disclosure of personal data must have regard to both common and statute law e.g. defamation, the common law duty of confidence and data protection principles as well as any relevant codes of practice and Human Rights.

 

 

7. Security

7.1 Signatories to this agreement must designate an individual within their organisation to assume responsibility for data protection, security and confidentiality and compliance with legislation. The designated person will ensure that Data Protection registrations or notifications are in place to cover the holding and use of personal data.

 

7.2 It is expected that partners of this agreement will have in place baseline security measures compliant with BS17799: 2005 and ISO/IEC 27001:2005 and HMG standards in relation to information security.

 

7.3 All signatories will ensure that they have these appropriate security arrangements in place. Only nominated representatives can access, request information, and make disclosure decisions. Data should be stored securely to prevent unauthorised access and disclosure.

 

7.4 Any changes in nominated officers will be notified in writing as soon as practicable and in any event within 5 working days after such a change has occurred.

 

7.5 The Information Security Officer from West Yorkshire Police will, by arrangement, undertake a physical review of the security in place to ensure the confidentiality, integrity, availability and non-repudiation of the Force information being stored under this agreement.

 

 

8. Complaints and Breaches

8.1 Complaints from data subjects, or their representatives, regarding information held by the Partnership will be investigated first by the organisation receiving the complaint. Action that affects other signatories will not be taken without the consent of all parties to this agreement.

 

 

9. Amendments to the Agreement

9.1 Any partner may make suggestions for amendments to the agreement at any time.

 

9.2 To enable partners to exchange views prior to changes being made it is suggested that such changes be discussed at the appropriate forum. No changes can be made unless each is agreed

 

 

10. Subject Access

10.1 When an agency receives a subject access application and personal data is identified as belonging to another agency, it will be the responsibility of the receiving agency to contact the data owner to determine whether the latter wishes to claim an exemption under the provisions of the Data Protection Act.

 

10.2 Where a data controller cannot comply with the request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request unless: -

  • a) The other individual has consented to the disclosure of the information to the person making the request, or,

  • b) It is reasonable in all circumstances to comply with the request without the consent of the other individual.

 

10.3 In determining whether it is reasonable, regard should be had to:

  • Any duty of confidentiality owed to the other individual.

  • Any steps taken by the data controller with a view to seeking the consent of the other individual.

  • Whether the other individual is capable of giving consent, and

  • Any express refusal of consent by the other individual.

 

 

11. Freedom of Information

11.1 The Freedom of Information Act 2000 gives people the right to request information from public authorities or any publicly-funded organisation. In each public organisation’s Freedom of Information Publication Scheme on their Internet site, details of how to contact the Freedom of Information Officers are given. Requests must be passed to that Officer in the first instance.

  • In public organisations, that officer will handle the request.

  • In non-statutory organisations, the request must be passed to the appropriate Manager or Chair of the partnership

 

Should a Freedom of Information Act request be received, before a response is finalised and released to the requester, ALL interested parties will be informed as to the likely response and their views sought.

 

 

12. Signatures

12.1 By signing this agreement, all signatories accept responsibility for its execution and agree to undertake a level of training of staff that ensures that requests for information and the process of sharing itself is sufficient to meet the purpose of this agreement.

 

12.2 Signatories must also ensure that they comply with all relevant legislation.

 

Signed on behalf of West Yorkshire Police:

Title:

Rank/ Position:

Date:

Signed on behalf of West Yorkshire Probation Service

Title:

Rank/ Position:

Date:

Signed on behalf of Leeds Youth Offending Service

Title:

Rank/ Position:

Date:

Signed on behalf of HM Prison Service:

Title:

Rank/ Position:

Date:

Signed on behalf of Leeds City Council

Title:

Rank/ Position:

Date:

Signed on behalf of Crime Reduction Initiative:

Title:

Rank/Position

Date:

Signed on behalf of: Developing Initiatives Supporting Communities

Title:

Rank/ Position:

Date:

Signed on behalf of : Group 4 Securicor

Title:

Rank/ Position:

Date