Domestic Abuse Alcohol Abstinence Monitoring Requirement (AAMR)

MOPAC successfully applied to the Home Office Police Innovation Fund (PIF) and received a total of £1,050,000 over two years, to test Innovation and support future development of the Sobriety Programme. £500k was awarded to run a development project in 2016/17 and a further £550k to support the longer term delivery in 2017/18. The overall intention for the £500k 2016/17 funding is to:

1. Test and scope additional innovative uses for the AAMR;
2. Supporting the long-term maintenance of the use of AAMR through the development of a sustainable operating model which will be delivered in 2017/18.

This decision is to progress the delivery of the first of 3 key elements of the 2016/17 funding which are:

1. Testing the use of the AAMR on Domestic Abuse offenders;
2. Identification of efficiency savings via tagging at source;
3. Exploration of wider health benefits with the use of the AAMR.

As part of element 1, MOPAC have allocated up to £100,000 of the 2016/17 funding to carry out a small pilot for a feasibility study and the ‘controlled testing’ of the AAMR for domestic abuse offences (where alcohol is shown to be a contributory factor within the offence). A decision approving MOPACs intentions to procure these services through a competitive grant process was signed. (PCD 40)

Following a competitive grant process, Standing Together Against Domestic Violence (STADV), working with colleagues from Respect and Against Violence and Abuse (AVA) has successfully tendered to provide specialist advice and support and to lead on the feasibility study and ‘controlled testing’ of the AAMR on DA offenders.The value of this grant was £100,000 which had been secured from the successful bid to Home Office Police Innovation Fund (PIF). STADV put in a competitive tender at £95,050.

That the DMPC approve:

• The award of a grant of £95,050 to Standing Together Against Domestic Violence (STADV) to deliver the feasibility study for using the AAMR on DA offences and piloting the use on a small and controlled cohort of DA offenders.

1. Introduction and background

1.1. In 2011 the Mayor’s office secured legislation to allow for the introduction of a new sentencing power, the Alcohol Abstinence Monitoring Requirement (AAMR) to tackle the significant problem of alcohol related offending in London.

1.2. The AAMR gives the Judiciary the statutory power to stop an offender drinking alcohol, where their offence is alcohol related, and when this is not complied with the offender will be breached and punished further, this could in certain circumstance include being sent to prison.

1.3. MOPAC commissioned a compulsory alcohol sobriety trial in South London (Croydon, Lambeth, Southwark and Sutton) which aimed to reduce alcohol-related reoffending. The trial commenced 31 July 2014 and ran until 1 April 2016.

1.4. Over the initial 20 month pilot period, AAMRs were imposed with an average length of 75 days. AAMRs were given for a range of crime types most commonly in relation to violence or drink driving related offences. The AAMR had a comparatively high compliance rate of 92% over the pilot period, based on the number of cases returned to court and convicted of breaching their AAMR.

1.5. The AAMR has been largely welcomed by the Judicary as ‘another tool in the sentencing arsenal’ of community sentences, offering an innovative and tailored response to alcohol related offending, filling a gap in sentencing for alcohol related offences committed by non-alcohol dependent offenders. Evaluation can be viewed at www.london.gov.uk/WHAT-WE-DO/mayors-office-policing-and-crime-mopac/com…

1.6. As a result of the success of the pilot, central Government have a manifesto commitment to roll out the AAMR and use of sobriety tags nationally.

1.7. MOPAC were keen to build onto the learnings and insights of the South London pilot in the design and implementation of a 12 month pan-London pilot which will test the same principles as the South London pilot, working with the same cohort but on a larger scale which will provide the required scale and time to undertake reoffending analysis. This is being jointly funded by the MoJ and MOPAC and is being rolled out across London until March 2017.

2. The pan-London roll out

2.1. The London roll-out was launched on 1st April 2016 and follows a phased approach as follows:

2.2. a) April 2016 – South East and South West. London Local Justice Areas (LJAs)

2.3. b) July 2016 – West and Central London LJAs

2.4. c) October 2016 – North and North West London LJAs

2.5. d) January 2017 – East and North East London LJAs

2.6. It is anticipated that the 12 month implementation period will yield between 500 and 600 AAMRs. The number of AAMRs that each LJA will produce will vary depending on the period of time the requirement is available for as a sentencing option (in accordance with the above schedule).

2.7. Since the launch of the South London pilot, a total of 210 AAMRs have been imposed in London.

2.8. On the basis that the delivery model of the pan-London pilot is a ‘like for like’ with the South London Pilot there are still challenges regarding longer term sustainability. In particular these relate to value for money, scalability and how the service is being targeted (cohorts).

2.9. Testing Innovation

2.10. To support the development of an affordable and sustainable AAMR operating model, MOPAC was awarded additional funding for the FY 2016/17 via the Home Office Police Innovation Fund (PIF), which has provided the opportunity to develop and enhance the tools available to support agencies in driving down repeat offending of alcohol related crimes. This also presents opportunities in relation to supporting courts with their sentencing options around DA, by providing a court mandated approach to enable abstinence from alcohol.

2.11. As part of the development of the South London pilot, MOPAC engaged with a number of agencies and stakeholders from the VAWG sector.

2.12. At the early outset of the Compulsory Sobriety Programme there were concerns over DA offenders being made subject to an AAMR, before the AAMR had been fully tested. This was in relation to the potential consequences, such as the abstinence of alcohol creating additional risks for the victim and diverting attention away from specific interventions that are designed to tackle the offending behaviour.

2.13. Following the conclusion of the initial proof of concept pilot and now that we understand more about the AAMR and how it can be used as part of a package of sanctions, we want to cautiously explore and understand the benefits and dis-benefits of using an AAMR on DA perpetrators.

2.14. MOPAC intend to use a proportion of this funding to carry out a small pilot for a feasibility study and the ‘controlled testing’ of the AAMR for DA offences (where alcohol is shown to be a contributory factor within the offence). MOPAC have engaged with key partners from the VAWG sector specifically to seek their views on the feasibility study specification and the feasibility of delivery and proposed timescales. Partners were also invited to submit a tender.

2.15. The decision to invite partners from the VAWG community to carry out the feasibility study is to ensure the study is trusted and deemed to be credible amongst wider partners and the VAWG community, with the understanding that the study has been carried out by a credible organisation with a victim centred approach.

3. Contract Award and Conditions

3.1. There is no commitment that MOPAC will roll out the use of AAMRs on DA offenders across London by awarding this grant. The feasibility study and controlled testing will be used to help understand the feasibility of the use of the AAMR on DA offenders and help to inform MOPACs decision as to whether AAMR can be used to effectively support existing sanctions for addressing Domestic Abuse.

3.2. As part of the development award, this work must be completed and funds spent by March 2017.

3.3. The Acting Chief Executive will sign the grant on behalf of MOPAC.

4. Timeframes

4.1. The timeframe for completing all work is the 31st March 2017. This will provide sufficient time to complete the products required.

5. Commissioning process

5.1. The grant value is £95,050. In recognition of the sensitive and specialist nature of working with both offenders and victims/survivors of DA, MOPAC intend to award a grant to expert and specialist voluntary sector provider(s) to adequately assess and address the specific nature of the different requirements, risks, challenges and opportunities; for using an AAMR on DA offenders where alcohol was a contributing factor and the offender is not dependent on alcohol. The provider will also be required to support the controlled testing of AAMR on DA offenders.

5.2. One consortia bid was received from Standing Together Against Domestic Violence (STADV), who will be the lead partner in this project working with colleagues from Respect and Against Violence and Abuse (AVA).

5.3. STADV were successful with their tender in accordance with the evaluation criteria detailed below. We recommend that you approve this DMPCD to award contract.

Evaluation Criteria

5.4. This was assessed against a set of mandatory essential criteria and passed.

6. Financial Comments

6.1. MOPAC has been awarded a grant of £1,050,000 from the Home Office Police Innovation Fund (PIF) over two years, to test Innovation and future development of the Sobriety Programme.

6.2. £500,000k was awarded to run a development project in 2016/17 and a further £550,000k to support the longer delivery in 2017/18

6.3. MOPAC have allocated up to £100,000 of the 2016/17 funding to carry out a small pilot for a feasibility study and the ‘controlled testing’ of the AAMR for DA offences (where alcohol is shown to be a contributory factor within the offence).

6.4. The value of this grant for which this DMPCD seeks approval is £95,050 of Home Office funding.

7. Legal Comments

7.1. 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.” Section 143(3) allows MOPAC to make grants in connection with such arrangements and any grant may be made subject to any conditions that MOPAC thinks appropriate.

7.2. Under MOPAC’s Scheme of Delegation & Consent, approval of the strategy for the award of individual grants and the award of all individual grants (for crime reduction or other purposes) is a matter generally reserved to the DMPC (paragraph 4.8). The release of funding in accordance with the proposals set out in this decision form can accordingly to be approved by DMPC. The delegation of responsibility for the finalisation of planning and contractual/grant arrangements, including relevant terms and the signing of agreements, to the Acting Chief Executive is in accordance with the general power of delegation in paragraph 1.7

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.

8.2. STADV were asked to provide details of their Equalities processes as part of their tender; these were deemed to be acceptable by the evaluation panel.

8.3. The provider has been asked, as part of this feasibility study to complete an equality impact assessment (EIA) for the use of the AAMR on DA offenders including changes to offending behaviour.

8.4. An EIA for the AAMR can be found at www.london.gov.uk/sites/default/files/laspo-sobriety-eia.pdf or here

9. Background/supporting papers

9.1. MOPAC Feasibility study specification