Key information
Executive summary
In May 2020, the Ministry of Justice (MoJ) announced £25 Million of emergency funding to be made available nationally for Domestic Abuse (DA) and Sexual Violence (SV) Support Services. MOPAC were successful in securing £3,012,035 which was awarded to 45 organisations supporting people affected by DA and SV in London through an assessment of need and an open allocation process.
On 12 November 2020 the MoJ informed MOPAC that a further £1,542,328.25 would be offered, in top up funding, to support DA and SV support services in London for the period 1 November 2020 to 31 March 2021. £101,227 of this allocation has been ringfenced for organisations already in receipt of a National Rape and Sexual Abuse Fund grant (NRSASF).
This Decision is to accept the award from the MoJ and to enable MOPAC to undertake commissioning activities to swiftly administer this funding. MOPAC intends to allocate this funding through an open application process, as well as increasing capacity for core and emergency commissioned domestic abuse and sexual violence support services.
This Decision is also to approve the transfer of £659,000 of funding from the MoJ allocation to the London Community Foundation to distribute through an open process via the London Community Response Fund to DA and SV organisations to enable them to maintain service delivery throughout this period.
Recommendation
The Deputy Mayor for Policing and Crime is recommended to:
1. accept the MoJ award of £1,542,328.25;
2. approve the transfer of £659,000 to The London Community Foundation, via a variation to their contract for the management of the VAWG Grassroots Fund, to distribute a portion of the emergency funding that MOPAC will receive from MoJ;
3. delegate the approval of detailed arrangements to enable the disbursement of these additional funds and grant variations to the Director of Commissioning and Partnerships.
Non-confidential facts and advice to the Deputy Mayor for Policing and Crime (DMPC)
1. Introduction and background
1.1. Following the allocation of the first round of emergency funding (PCD772), MoJ requested PCC areas to complete a needs assessment of domestic abuse and sexual violence support organisations to establish ongoing and additional future needs anticipated in the continuing response to, and recovery from, the COVID-19 pandemic.
1.2. MOPAC’s assessment of need indicated that a further £5 million would be required to most effectively support originations in their continued emergency response.
1.3. The MoJ offered £1,542,328.25 of the £7.1 million pot that has been made available nationally in this second round of emergency response funding.
1.4. MOPAC intends to work with the London Community Foundation, in a similar way as set out in PCD780, to assess applications and to enable the timely administration of funds.
1.5. The Mayor has been working with London Funders and other partners across London to set up the London Community Response Fund, to provide emergency support funding to the voluntary and community sector (VCS) across London at this time (MD2623), and it is intended that the MoJ funding shall be distributed through this Fund.
2. Issues for consideration
2.1. MOPAC intends to make £659,000 available to organisations delivering tailored domestic abuse and/or sexual violence support as per the criteria established in the first round of MoJ emergency funding (PCD 772).
2.2. MOPAC intends to work with the London Community Foundation to carry out joint assessment of applications to this fund.
2.3. The London Community Foundation is one of the funders involved in the London Community Response Fund, and MOPAC shall work with them to administer its contribution to the fund, including the assessment of applications and the disbursement of funding to MOPAC’s partners on its behalf
2.4. A further Decision will follow outlining the proposal for the remining available funding, which will include the £101,227 ring fenced for recipients of the National Rape and Sexual Abuse Fund grant.
3. Financial Comments
3.1. This decision seeks authority to accept (round 2) MoJ COVID funding of £1,542,228.25 as a grant variation to the initial award of £3,012,035 allocated in March 2020.
3.2. This additional funding increases 2020/21 MoJ Extraordinary grant to £4.5m as set out in the table below, and all monies must be spent by 31st March 2021.
3.3. This decision also seeks authority to transfer a proportion of the additional grant, £659,000, into the London Community Response Fund (LCRF), to be managed by London Community Foundation (LCF) on MOPAC’s behalf.
3.4. A management fee of £46,130 is to be paid to LCF, and is earmarked within 20/21 Mayoral Funding.
3.5. This management fee of £46,130 has been costed at 7% of the MoJ funding (£659,000) that LCF are responsible for administering and it is consistent with current management fee rates (of 6%-7%) on the existing contract held with LCF. MoJ (round 2) grant distribution will require additional LCF staffing capacity to ensure the assessment of applications and grant distribution can be completed within the MoJ’s stipulated timeline of 31 March 2021.
3.6. The MoJ grant variation includes a ring-fenced element of £101,127 for Sexual violence devolution test sites to support the recipients of National Rape and Sexual Abuse grants.
3.7. The funding distribution arrangements for this ring-fenced element and the remaining portion of the second MoJ COVID funding will be set out in a separate DMPC decision.
3.8. It is confirmed this MoJ extraordinary funding requires no match funding from MOPAC.
4. Legal Comments
4.1. MOPAC’s general powers are set out in the Police Reform and Social Responsibility Act 2011 (the 2011 Act). Section 3(6) of the 2011 Act provides that MOPAC must “secure the maintenance of the metropolitan police service and secure that the metropolitan police service is efficient and effective.” Under Schedule 3, paragraph 7 MOPAC has wide incidental powers to “do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the functions of the Office.” Paragraph 7(2) (a) provides that this includes entering into contracts and other agreements.
4.2. Section 143 (1) (b) of the Anti-Social Behaviour Crime and Policing Act 2014 provides an express power for MOPAC, as a local policing body, to provide or commission services “intended by the local policing body to help victims or witnesses of, or other persons affected by, offences and anti-social behaviour.”
4.3. The recommendations in this decision are in line with the legislation and MOPAC’s Scheme of Consent and Delegation. In line with section 4 of the Scheme, the DMPC has the authority for the:
• approval of business cases for revenue or capital expenditure of £500,000 or above (paragraph 4.8); and
• approval of unforeseen contract variations and extensions to contracts (paragraph 4.13).
4.4. Officers must ensure the Financial Regulations and Contract Regulations are complied with.
4.5. Officers should ensure that the funding agreements are put in place with and executed by MOPAC and each of the providers before any commitment to fund is made.
4.6. Officers confirm that sufficient assurance has been carried out to this decision to determine that the DMPC has legal authority to agree the recommendations on funding and the extension of grants/ contracts.
5. Commercial Issues
5.1. The proposed contract variation for London Community Foundation is considered by officers not to be substantial within the meaning of the Public Contracts Regulations 2015 and so can be awarded to the incumbent without further competition.
5.2. MOPAC will incorporate the appropriate terms and conditions from the Grant Agreement between MOPAC and MoJ into the agreement and variations with the recipients of funding to ensure money is spent in compliance with these terms.
6. Public Health Approach
6.1. Grant award and variation is informed by the Mayor’s public health approach to violence reduction and therefore part of MOPAC’s contribution to overall efforts led by the Violence Reduction Unit.
7. GDPR and Data Privacy
MOPAC will adhere to the Data Protection Act (DPA) 2018 and ensure that any organisations who are commissioned to do work with or on behalf of MOPAC are fully compliant with the policy and understand their GDPR responsibilities.
8. Equality Comments
8.1. MOPAC is required to comply with the public sector equality duty set out in section 149(1) of the Equality Act 2010. This requires MOPAC to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations by reference to people with protected characteristics. The protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
9. Background/supporting papers
PCD 780
PCD 772
Signed decision document
PCD 884