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2013 PROTOCOL AND GOOD PRACTICE MODEL DISCLOSURE OF INFORMATION IN CASES OF ALLEGED CHILD ABUSE AND LINKED CRIMINAL AND CARE DIRECTIONS HEARINGS (“2013 PROTOCOL”)

REGIONAL WEST MIDLANDS PROTOCOL TO GIVE EFFECT TO THE 2013 PROTOCOL 1. Background

1.1. The 2013 protocol was signed on 17 October 2013 and came into

force on 1 January 2014.

1.2. In accordance with paragraph 19.1 of the 2013 protocol, local agencies should agree and adopt a local protocol to give effect to the 2013 protocol. The local protocol must not depart from the requirements of the PLO and must require that orders used are in the form of Annex H and Annex I in the 2013 protocol.

2. Parties

2.1. The parties to this Regional West Midlands protocol are:

The Designated Family Judges in the West Midlands region,

The Resident Crown Court Judges in the West Midlands region,

Birmingham City Council, Coventry City Council, Dudley MBC, Sandwell MBC, Solihull MBC, Walsall MBC, Wolverhampton City Council, Warwickshire County Council, Staffordshire County Council, Stoke-on-Trent City Council, Herefordshire Council, Shropshire Council, Telford and Wrekin Council and Worcestershire County Council

West Midlands Police, Warwickshire Police, Staffordshire Police and West Mercia Police

CPS West Midlands

3. Agreement 3.1. Subject to paragraph 4 below (local variations), the parties to this

Regional West Midlands protocol hereby agree to give effect to all of the provisions in the 2013 protocol.

4. Local variations 4.1. The parties to this Regional West Midlands protocol agree to the

variations from the 2013 protocol as set out in Part 1 of the Schedule to this Regional West Midlands protocol.

4.2. The parties to this Regional West Midlands protocol agree to the local variations within the West Midlands region as set out in Part 2 of the Schedule to this Regional West Midlands protocol.

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5. Lines of communication 5.1. Single points of contact (SPOCs) and secure email addresses for the

four police forces and for CPS West Midlands are set out at Annex A to this Regional West Midlands protocol.

5.2. SPOCs and secure email addresses for the 14 Local Authorities are set out at Annex B to this Regional West Midlands protocol.

5.3. The SPOCs will be used in accordance with the provisions of the 2013 protocol for information exchange and for the service of the disclosure forms.

6. Forms for use in connection with this protocol 6.1. The disclosure forms annexed to the 2013 protocol have been

modified for regional use. The forms are attached at Annex C (disclosure request to Local Authority), Annex D (disclosure request to police), Annex E (notice to Local Authority from CPS that material meets the disclosure test) and Annex F (Local Authority representations on disclosure to the defence).

6.2. The other forms and orders annexed to the 2013 protocol have not been modified for local use; namely Annex G (form of undertaking- video-recorded evidence), Annex H (disclosure direction to police) and Annex I (linked criminal and care directions).

7. Commencement and review 7.1. This Regional West Midlands protocol will come into force on 1 April

2014.

7.2. The parties to this Regional West Midlands protocol will continuously review its operation. In any event, the protocol will be subject to a formal review 12 months after its commencement.

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8. Signatories

Name Signature Date

Designated Family Judges HHJ Duggan

HHJ Hindley QC

HHJ Hughes

HHJ Rundell

HHJ Watson

Crown Court Resident Judges

HHJ Davis QC

HHJ Eades

HHJ Glenn

HHJ Griffiths-Jones

HHJ Juckes QC

HHJ Onions

HHJ Tonking

HHJ Wait

HHJ Warner

Birmingham City Council

Coventry City Council

Dudley MBC

Sandwell MBC

Solihull MBC

Walsall MBC

Wolverhampton City Council

Warwickshire County Council

Staffordshire County Council

Stoke-on-Trent City Council

Herefordshire Council

Shropshire Council

Telford and Wrekin Council

Worcestershire County Council

West Midlands Police

Warwickshire Police

Staffordshire Police

West Mercia Police

CPS West Midlands

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SCHEDULE TO REGIONAL WEST MIDLANDS PROTOCOL PART 1: AGREED VARIATIONS/POINTS OF CLARIFICATION FROM 2013 PROTOCOL

Paragraph in 2013 protocol

Agreed variation/ point of clarification

4.1 The Annex D form need not be submitted to the police SPOC where there is no intention to request disclosure from the police. However, if at a later stage the Local Authority receives an Annex C request because the police have commenced a criminal investigation, then at that stage, the Local Authority should provide to the police SPOC details of the Family Court proceedings.

5.1/ 9.1 The Annex C request is not to be submitted except on the authority of an officer at the rank of sergeant or above

9.2 Clarification on what is meant by “reasonable timescale” for the police to be given access to Local Authority material. The timescale will depend on the timescale for the police investigation. A timescale of 14 days would normally be reasonable; bringing this in line with the timescale at paragraph 4.1 (disclosure by the police to the Local Authority).

10.1 Clarification is sought on the extent to which the Local Authority is required to “identify and collate relevant material”

The starting point is that there is a statutory duty on the police to obtain relevant material; there is no statutory on the Local Authority to assess their material for relevance to the criminal case

The Annex C request should be prescriptive and detailed (e.g. “please provide any documentation relating to self-harm and or drug taking by X when she was in year 10”)

Where the Annex C is prescriptive and detailed, the Local Authority will be in a position to collate the precise material. Where the Annex C is less prescriptive, the Local Authority will inevitably provide a wider range of material for the police to sift

Where appropriate, the Local Authority should challenge the Annex C request where it is not sufficiently prescriptive (although the parties must not allow this to impact on the timescales for police examination)

Whilst each case must be taken on its own facts, in examining the Local Authority material, the police will have particular regard to the following (non-exhaustive):

Records of conversations with the child/ young person concerning the alleged abuse or previous abuse

Previous complaints made by the child/young person against the person subject to the police investigation or against others

Previous criminal injuries compensation claims

Details of behavioural difficulties involving the

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child/young person (especially where this involves untruthfulness)

History of drug/ alcohol abuse by the child/young person

History of self-harm by the child/young person

Details of mental health problems suffered by the child/young person

10.8 Where the Local Authority material is presented to the police in digital format, the Local Authority should provide administrative support to the police officer to enable him/her to navigate the system.

Annex C The Annex C form is amended to include specific reference to the DPA principles under which disclosure is made

Annex D A simplified version of the Annex D form has been drafted for regional use

Annex E “Reason disclosable” on Annex E to be amended to “reason why the material undermines the prosecution case or assists the defence”. The prosecutor should provide sufficient detail to enable the Local Authority to understand why the material needs to be disclosed. Similarly, the Annex E form has been amended to require the CPS to specify all of the children/ young persons subject of the material which is disclosable

PART 2: AGREED LOCAL VARIATIONS WITHIN WEST MIDLANDS REGION

Paragraph in 2013 protocol

Agreed variation

7.1& Annex H

West Midlands Police has indicated that it is content for Annex H (Disclosure Direction to the Police) to be used by the Family Court in cases outside the remit of the 2013 protocol not involving children (e.g. non-molestation orders)

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ANNEX A POLICE AND CPS CONTACT POINTS West Midlands Police SPOC: ppu_disclosure@west-midlands.pnn.police.uk All requests will be allocated to the appropriate PPU Child Protection Detective Inspector who will act as Senior Responsible Officer (SRO) Warwickshire Police SPOC: fd.bureau@warwickshire.pnn.police.uk Staffordshire Police SPOC: ppu.disclosure@staffordshire.pnn.police.uk West Mercia Police SPOC: safeguardingservices@westmercia.pnn.police.uk CPS West Midlands (incorporating the West Midlands, Warwickshire, Staffordshire and West Mercia Police force areas) PPUWest.MidsCC@cps.gsi.gov.uk or individual CPS lawyer

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ANNEX B DETAILS OF SINGLE POINTS OF CONTACT AND SECURE EMAIL ADDRESSES

Birmingham City Council Name: Disclosure Team................. Tel: 0121 675 3110 ........................ Fax: 0121 675 3109 ....................... Email: CYPF.Disclosure@birmingham.gcsx.gov.uk

Coventry City Council Name: Anjeli Bajaj/ Ramona Barreto Tel: 02476 833085/ 02746 833262 Fax: 02476 833004/ 02476 833253 Email: Anjeli.Bajaj@coventry.gcsx.gov.uk Ramona.Barreto@coventry.gcsx.gov.uk

Dudley MBC Name: Richard Clark ...................... Tel: 01384 815371 ......................... Fax: 01384 815325 ........................ Email: Richard.Clark@dudley.gcsx.gov.uk

Sandwell MBC Name: Lisa Southall; Annalouise Holmes; Kelly Merry ................................... Tel: 0121 569 3970 ........................ Fax: 0121 569 3825 ....................... Email: lisa_southall@sandwell.gcsx.gov.uk annalouise_holmes@sandwell.gcsx.gov.uk kelly_merry@sandwell.gcsx.gov.uk

Solihull MBC Name: Andrew Shipway ................. Tel: 0121 704 6069/6251 ............... Fax: 0121 704 6008 ....................... Email: ashipwaygc@solihull.gcsx.gov.uk

Walsall MBC Name: Lynn Levesley ..................... Tel: 01922 654842 ......................... Fax:01922 638267 ......................... Email:lynn.levesley@walsall.gcsx.gov.uk

Wolverhampton City Council Name: Tracey Christie/ Annette Harvey-Pittaway Tel: 01902 554925 ......................... Fax: 01902 554970 ........................ Email: tracey.christie@ wolverhampton.gcsx.gov.uk annette.harvey-pittaway@ wolverhampton.gcsx.gov.uk

Warwickshire County Council Name: Sarah Gallagher Tel 01926 684446 / 07920 071161 Fax: 01926 684466 Email: sarah.gallagher@ warwickshire.pnn.police.uk

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Herefordshire Council Name: Claire Ward ........................ Tel: 01432 260657 ......................... Fax: ............................................... Email: disclosure@herefordshire.gcsx.gov.uk

Shropshire Council Name: ............................................ Tel: ................................................ Fax: ............................................... Email: iru@shropshire.gcsx.gov.uk

Telford and Wrekin Council For Annex C requests: Tel: 01952 385385 Email: familyconnect@telford.gcsx.gov.uk Name: Hayley Downton [Assessment & Case Management Tel: 01952 385700 Fax:01952 385702 Email: hayley.downton@telford.gcsx.gov.uk For witness summons/ PII applications/ CPS correspondence: Name: Hannah Gorman [Legal Services] Tel: 01952 383255 Fax: 01952 383253 Email: hannah.gorman@telford.gcsx.gov.uk Name: Taranjit Sahota [Legal Services] Tel: 01952 383255 Fax: 01952 383253 Email: taranjit.sahota@telford.gcsx.gov.uk

Worcestershire County Council Name: ............................................ Tel: ................................................ Fax: ............................................... Email: data.protection@worcestershire.gcsx.gov.uk

Staffordshire County Council Name: Philip Jones ........................ Tel: 01785 854290 ......................... Fax: ............................................... Email: ruth.simmons@staffordshire.gcsx.gov.uk

Stoke-on-Trent City Council Name: Claire Clarke ....................... Tel: ................................................ Fax: ............................................... Email: art@gcsx.stoke.gov.uk

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ANNEX C PROTECTION OF CHILDREN: REQUEST FOR DISCLOSURE OF MATERIAL HELD BY Choose Local Authority

1. The Police are conducting a criminal investigation into allegations made against the following individuals:-

NAME:

ADDRESS:

DATE OF BIRTH:

2. The circumstances of the allegations are as follows: (Attach case summary, key witness statements, expert reports as appropriate)

3. Details of child/ children involved in the allegations

Name

Address

Date of Birth

Relationship to offender(s)

Victim or witness

Social worker

School(s) attended (with dates)

4. I believe that your Authority may hold the following material relating to the alleged offender(s) or the above child/ children which may be relevant to my investigation. [Describe material in precise detail, specify relevant time periods, relevant addresses, schools attended etc]

Any material obtained by us will be treated as sensitive and dealt with in accordance with Criminal Procedure and Investigations Act 1996. In accordance with paragraph 3.5 Code of Practice CPIA, we are under a duty to pursue all reasonable lines of inquiry, whether these point towards or away from the suspect. Such lines of enquiry include seeking access to the above material which you may hold. Our investigation might be prejudiced or delayed if we are not allowed access to the material. In accordance with the 2013 Protocol, we would ask that arrangements are made for us to examine the above material. Disclosure is permissible in accordance with the Data Protection Act 1998 (in particular section 29). Any material relating to Family Court Proceedings must not be made available except with consent of the court or in accordance with Family Procedure Rules 2010

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5. In the circumstances of this investigation, it is important that arrangements are made for us to examine the material by: [Date]

Stage reached in investigation: Please select

Date of next Court hearing:

Contact details for CPS prosecutor:

Officer: Police Station: Date: Tel: Fax: Secure Email:

Is officer serving in child protection unit or paedophile unit?: Please select

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ANNEX D

STANDARD REQUEST FORM FOR DISCLOSURE OF POLICE INFORMATION

INCORPORATING POLICE REPLY

This form should be completed in accordance with paragraphs 4.1- 4.4 of the 2013 protocol

Police information will not be disclosed unless there are important considerations of public interest to justify departure from the general rule of confidentiality. The information below is provided on the strict understanding that such information is only for the current proceedings. It will be treated as confidential and will not be used for any other purpose.

REQUEST FOR INFORMATION

Person Requesting Information

Name: Job Title: Telephone Number: Secure Email:

Date of Request

Case Proceeding at: (if commenced)

Please select

Case No:

Name of all parties to proceedings and legal representatives:

Next hearing date:

Expert reports to be prepared by:

Date Information is required by:

(Include a reasonable timescale not exceeding 14 days for the disclosure of the material)

Purpose of the Information

Please select

Request for Disclosure of Material held by

Please select

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INFORMATION REQUESTED IN RELATION TO THE FOLLOWING PERSON(S):

1. NAME (Alleged suspect(s)):

DoB:

Address and relevant previous address(es):

2. NAME OF OTHER PARTY/PARENT [if applicable]:

DoB:

Address and relevant previous address(es):

3. NAME(S) OF RELEVANT CHILD(REN) /(ALLEGED VICTIM(S)):

DoB:

RELATIONSHIP TO ALLEGED SUSPECT:

1. 2. 3.

1. 2. 3.

1. 2. 3.

4. BRIEF CIRCUMSTANCES OF THE INCIDENT(S) IN RESPECT OF WHICH FAMILY PROCEEDINGS ARE BEING TAKEN /CONTEMPLATED:

5. CRIME REFERENCE NUMBER AND NAME OF OFFICER (if known)

6. BRIEF DETAILS (INCLUDING DATE AND LOCATION) OF THE SPECIFIC INCIDENT(S) UPON WHICH INFORMATION IS SOUGHT:

7. NATURE OF THE DOCUMENTS, RECORDS OR OTHER MATERIAL REQUESTED AND ITS RELEVANCE TO THE FAMILY PROCEEDINGS NOTED ABOVE: (the 2013 protocol should be used proportionately and is designed to facilitate only requests for material held by the police relevant to the central issues in the case. List documents with as much particularity as possible e.g. father’s interview, mother’s statement, sister’s video interview etc)

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8. AN INDICATION OF THE PROPOSED DIRECTIONS FOR DISCLOSURE LIKELY TO BE MADE (INCLUDING THE DATE BY WHICH ACTUAL DOCUMENTS WILL BE REQUIRED): (list directions or attach draft order for

directions)

9. DATE FIXED (IF ANY) FOR FAMILY COURT HEARING AND INDICATE WHETHER THE OFFICER(S) INVOLVED IS LIKELY TO BE REQUIRED TO GIVE EVIDENCE

NAME OF PERSON MAKING REQUEST:

ON BEHALF OF: (NAME OF LOCAL AUTHORITY)

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FOR COMPLETION BY POLICE

10. DATE REQUEST RECEIVED

11. MATERIAL WHICH IS AVAILABLE FOR DISCLOSURE IMMEDIATELY: (List

documents and other material)

12. MATERIAL REQUESTED WHICH CANNOT CURRENTLY BE DISCLOSED (Please include comprehensive list of material to include witness statements,

interviews with suspects, medical and other expert reports, crime reports etc)

Document When disclosure could be made

Reason for withholding disclosure

Police Contact / Officer completing form

Telephone: Secure Email:

Name of CPS lawyer and secure email

Approved By

Police Supervisor: Rank/Number: Unit:

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ANNEX E

PROTECTION OF CHILDREN:

NOTICE TO LOCAL AUTHORITY FROM PROSECUTOR THAT MATERIAL SATISFIES CPIA DISCLOSURE TEST

You will be aware that the police have recently examined material held by your Authority in the following proceedings:-

NAME(S) DATE OF BIRTH

Defendant(s)

Child/children subject of the disclosable material listed below

I have received the material in accordance with Criminal Procedure and Investigations Act 1996. Please note that in accordance with Section 3 CPIA, the following material falls for disclosure to the defence because it is capable of undermining the prosecution case or assisting the case for the accused.

Document Reference

Description

Reason why the material undermines the prosecution case and/or assists the defence

I would be grateful if you would indicate in respect of each item listed above whether a) you have no objections to disclosure, b) you have no objections to disclosure subject to appropriate editing, c) you object to disclosure (in which case I will not make disclosure subject to any Court order).

I would be grateful if you could reply by

Prosecutor:

Name: Telephone: Fax: Secure Email:

Date:

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ANNEX F

PROTECTION OF CHILDREN NOTICE TO PROSECUTOR FROM LOCAL AUTHORITY:

REPRESENTATIONS ON DISCLOSURE

I thank you for your notice dated indicating that certain Local Authority material satisfies the test for disclosure in section 3 CPIA.

I have the following representation in respect of proposed disclosure to the defence. (Indicate in respect of each item a) that disclosure is agreed b) that disclosure is agreed subject to editing (specify where appropriate) c) that disclosure is not agreed with reasons)

a) Disclosure is agreed

Item Comment

b) Disclosure is agreed subject to editing

Item Comment

c) Disclosure is not agreed

Item Comment

Representative of Local Authority: Choose Local Authority

Name: Telephone: Fax: Secure Email: