Forensic Accreditation Services

The Forensic Science Regulator (FSR) expects forensic activities wherever performed to be conducted to the standards set out in the Forensic Science Regulator’s Codes (Codes of Practice and Conduct for forensic science providers and practitioners in the Criminal Justice System). This applies irrespective of whether the provider is public, police or commercial. The Codes specifies the independent assurance mechanism used to ensure that the standards have been met and this mechanism is through accreditation by the United Kingdom Accreditation Service (UKAS).

In addition, the Accreditation of Forensic Service Providers Regulations 2018 legislation requires that competent law enforcement authorities must use an accredited forensic service provider to conduct any laboratory activity that

(a) results in a DNA-profile or dactyloscopic data, and

(b) is requested in relation to the prevention, detection or investigation of criminal offences.

The legislation states that a forensic service provider is accredited if they are accredited by UKAS as complying with European standard EN ISO/IEC 17025.

The Deputy Mayor for Policing and Crime is recommended to approve direct award of a contract for the provision of Accreditation Services with UKAS for a proposed term of five years plus two possible extsions of one year each at an anticipated total contract value of £700k.

1. Introduction and background

1.1. Forensic Services provide a comprehensive range of forensic services to all of the Met's proactive and reactive investigations and intelligence gathering including

a. disaster victim identification (DVI), crime scene management, complex crime coordination

b. crime scene examination, interpretation and reporting - 24/7 provision across the Met

c. database searching; recovery, comparison and interpretation of trace evidence; recovery and provision of data

d. firearms, gunshot residue kits (GSRs), drugs, toxicology, road traffic accident - alcohol/drugs

e. digital kiosks that help officers get the forensic data from mobile devices they need quicker, evidential drug identification testing (EDIT), firearms 'make safe' activity

f. visual images identification and detections office (VIIDO), central forensic image team (CFIT), Met image circulation unit (MetCU)

1.2. Forensic results play a significant role in administration of justice.

1.3. Regulatory and legislative requirements on forensic services provision require accreditation by UKAS.

1.4. Unaccredited forensic activities are subject to increased disclosure, has the potential to come under criticism by defence or / and are inadmissible in court.

2. Issues for consideration

2.1. The MPS must use UKAS because this is stipulated by the Forensic Science Regulator and legislation.

3. Financial Comments

3.1. The nature of this work is entirely demand driven and the spend is known to be the result of increased forensic activities being accredited as well as maintenance of accredited activities.

3.2. The cost is expected to be £100k per annum and this is fully funded in the approved Forensic Services budget.

4. Legal Comments

4.1. The Mayor's Office for Policing Crime is a contracting authority as defined in the Public Contracts Regulations 2015 (the PCR). All awards of public contracts for goods and/or services valued at £181,302 or above will be procured in accordance with the Regulations.

4.2. Paragraph 4.13 of the MOPAC Scheme of Delegation and Consent provides the Deputy Mayor for Policing and Crime has delegated consent to approve all contract exemptions valued at £100,000 or above.

4.3. Paragraph 4.15 of the MOPAC Scheme of Delegation and Consent provides that the Deputy Mayor for Policing and Crime (DMPC) has delegated authority to award MOPAC contracts with a total value of £500,000 or above.

4.4. In view of the estimated value of the contract with UKAS (which is above the financial threshold specified in the PCR), if MOPAC wishes to proceed with the contract with UKAS, it would need to proceed on the basis of a contract exemption.

4.5. Regulation 32(2)(b) of the PCR provides that in circumstances where:

(i) for reasons relating to the “protection of exclusive rights”; or

(ii) where there are “technical reasons”; only a particular economic operator can supply the service (and in either case provided that there is no reasonable alternative or substitute exists) a contract exemption is granted.

4.6. This report notes that UKAS holds an exclusive statutory right under the Accreditation of Forensic Service Providers Regulations 2018 (the Regulations) to provide services relating to DNA sampling and finger prints. Similarly the “Code of Practice for forensic units providing forensic science services” issued by the Forensic Science Regulator (the Code of Practice) designates UKAS as the provider of accreditation services for the purposes of compliance with the Code of Practice, relating to other forensic activities.

4.7. On the basis of the contents of this report, and assuming no reasonable alternative or substitute exists, the contract exemption at Regulation 32(2)(b) is engaged. In accordance with paragraph 4.13 of the Scheme of Delegation, the Deputy Mayor for Policing and Crime is recommended to approve this contract exemption.

4.8. Furthermore, the legal implications of not proceeding with the recommendations are that the MPS will not have the provision of Forensic Services and this impacts on the Criminal Justice in terms of the evidence provided to the required standard.

4.9. The proposals in this decision are in line with regulations.

5. Commercial Issues

5.1. The fees payable are stipulated by UKAS.

5.2. As an extension to an existing service this work does not change any aspects relating to responsible procurement.

5.3. UKAS is the sole accreditation body in the UK and is the only body mandated to be used by regulation and legislation, as such there is no other organization for the MPS to use.

5.4. The MPS is a signatory to the GLA Group Responsible Procurement Policy (www.london.gov.uk/rp-policy) which sets out a number of commitments including:

a. Enhancing social value

b. Encouraging equality and diversity

c. Embedding fair employment practices

d. Enabling skills, training and employment opportunities

e. Promoting ethical sourcing practices

f. Improving environmental sustainability

The provider will ensure that the contract supports equalities and diversity as well as strategic labour needs and training opportunities in line with the commitments of the GLA Group Responsible Procurement Policy. This includes the reporting of relevant management information.

6. GDPR and Data Privacy

6.1. There is a confidentiality agreement in place between MPS and UKAS.

6.2. Privacy is taken very seriously by the MPS. A structured approach in terms of consultation with the MPS Data Protection Manager, Privacy Advisors and Senior Information Assurance Manager will ensure a proportionate approach is applied to privacy. Data Protection Impact Assessment (DPIA) and Data Protection Contract are considered where necessary whilst supplier technical, personnel and physical security arrangement are central to scrutiny whereby assessment are undertaken independent to the procurement team by the MPS Information Assurance Unit.

6.3. Following preliminary assessment, a full DPIA is not required for this contract.

7. Equality Comments

7.1. As this is an extension of an existing service this work does not change any aspects relating to equality or diversity.

8. Background/supporting papers

8.1. MPS Report.