Key information
Executive summary
This decision requests the allocation of up to £54m over three financial years from April 2022 to the end of March 2025. This budget will be divided between:
• Direct funding to boroughs to the value of £39,315,555
• Funding to boroughs specifically for tackling violence via the Violence Reduction Unit to the value of £4,800,000
• Co-commissioning funded projects to the value of £9,884,445
Separate decisions will be made regarding the allocation to individual projects of the VRU and co-commissioning elements.
Recommendation
The Deputy Mayor for Policing and Crime is recommended to:
• Approve the total financial commitment of up to £54,000,000 for the London Crime Prevention Fund, over three financial years 2022/23, 2023/24 and 2024/25.
• Delegate responsibility for agreeing the specific terms relating to individual grants and/or contracts to the Director of Commissioning and Partnerships, and for the VRU funding to the Director of the VRU.
Non-confidential facts and advice to the Deputy Mayor for Policing and Crime (DMPC)
1. Introduction and background
1.1. The London Crime Prevention Fund (LCPF) was established in 2013, bringing together a number of funding streams that had existed before MOPAC was set up. In 2016, the Deputy Mayor for Policing and Crime made a commitment to sustain the LCPF budget at £72m for a further four years (2017/18 to 2020/21), despite cuts to the overall policing budget.
1.3 That decision also apportioned the LCPF budget between direct borough funding and funding for co-commissioned services. Boroughs are core partners in the development and use of the new co-commissioning funding pot.
1.4 In addition, it was decided to redistribute direct borough funding based entirely on a need and demand formula.
1.5 In order to realign the commissioning cycle following the postponed Mayoral election in 2020, a decision was made for the single year 2020/21. This decision maintained the annual funding to boroughs, to ensure that local commissioning continued to be supported in the wake of disruption caused by the Covid-19 pandemic.
1.6 Due to ongoing budgetary pressures, MOPAC has gone through a process of internal review to identify sources for savings, while minimising the impact on frontline services. As such, this decision sets out the maximum funding allocations.
1.7 Direct borough allocations are laid out annually in Annex A, however the total 3-year allocation may be profiled flexibly across those three years, meaning that profiled spend does not have to be equal in each financial year.
1.8 There will be no possibility of carrying forward underspend between financial years.
1.9 The responsibility for each projects’ evidence base and review sits with the Local Authority. MOPAC requests an evidence base to justify the 3-year profiling of the spend, before a grant agreement is arranged.
1.10 The LCPF budget has been split between direct borough funding, funding for co-commissioning services and the VRU. Splitting the budget in this way acknowledges the important role this funding now plays in supporting local community safety and violence prevention services while also recognising that some London challenges relating to future Police and Crime Plan priorities can be better addressed through either regional or sub-regional commissioning arrangements.
2. Issues for consideration
2.1. All projects funded through the LCPF will be supportive of the new Police and Crime Plan and its priorities.
2.2. Consultation has been undertaken for this decision with Local Authority Heads of Community Safety, Borough Leaders and London Councils.
2.3. Direct funding allocations to boroughs as set out in Annex A are being maintained at the same annual rate as in financial year 2021/22. The funding formula is not being rerun at this time.
3. Financial Comments
3.1. This decision requests approval to make a financial commitment of up to £54,000,000 from 1st April 2022 to 31st March 2025. An overview of the division between programme elements is set out below.
3.2. Individual borough allocations can be found in Annex A.
3.3. This budget commitment is subject to annual review in line with MOPAC’s annual funding settlement.
3.4. Payments will be made in line with agreed grant agreements and contracts, following satisfactory performance and grant or contract management meetings, where applicable.
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 (1) 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 for MOPAC to provide or commission services “intended by the local policing body to victims or witnesses of or other persons affected by, offences and anti-social behaviour.” Section 143 (3) specifically allows MOPAC to make grants in connection with such arrangements and any grant may be made subject to any conditions that MOPAC thinks appropriate.
4.3. There are further relevant powers set out in the Crime and Disorder Act 1998 at sections 17(1) (a) to (c) which place MOPAC under a duty to exercise its functions with due regard to the likely effect of the exercise of those functions on, and the need to do all it can to prevent, crime and disorder (including anti-social and other behaviour adversely affecting the local environment), reoffending in its area, and the misuse of drugs, alcohol and other substances in its area. The proposed arrangements are consistent with MOPAC’s duties in the Crime and Disorder Act 1998.
4.4. Under MOPAC’s Scheme of Delegation, the approval of business cases for revenue or capital expenditure of £500,000 and above, are for the DMPC. The strategy for grant giving, the award of individual grants, all offers made and the award of grant funding are also for the DMPC. The decisions in this report can be approved by the DMPC.
4.5. Officers must ensure the Financial Regulations and Contract Regulations are complied with.
4.6. 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.
5. Commercial Issues
5.1. MOPAC makes no commitment to fund the projects and services outlined in this decision until grant agreements or contracts have been signed by both parties. These will detail the performance and payment schedules.
5.2. The approval of the grant agreements/contracts will comply with the MOPAC Scheme of Delegation and Consent.
6. Public Health Approach
6.1. The funding streams above support projects and services spanning a wide range of policy areas, including significant focus on reducing and preventing violence. The VRU uplift funding in particular aligns local delivery with the aims and objectives of the VRU.
7. GDPR and Data Privacy
7.1. Through the management of this fund, MOPAC does not process, use or receive any personally identifiable information for members of the public and therefore there are no GDPR compliance issues in this regard.
5.2. MOPAC does receive, process and use personally identifiable information for professional contacts in each borough. This is required for the management of the fund and is processed under the lawful basis of public task, in the exercise of our official authority as laid out in section 4 above.
5.3. All providers funded by MOPAC are required to comply with the GDPR and Data Protection Act 2018. MOPAC grant agreements require providers to demonstrate that
• They have undertaken a Data Protection Impact Assessment (DPIA) to identify, minimise and reduce risks to data subjects;
• They have met GDPR obligations to ensure the security of processing and will notify MOPAC of any data breaches as soon as they are identified;
• Staff processing personally identifiable information are subject to duty of confidentiality and have taken appropriate measures to ensure the security of data held;
• Data subjects who wish to utilise the Subject Access Request to data held in relation to the fund are able to do so;
• They have a documented process in place for Subject Access Requests outlining how requests from data subjects will be managed;
• They will submit to audits and inspections and provide MOPAC with whatever information is needed to ensure that they are meeting their Article 28 obligations; and finally,
• They will immediately inform MOPAC if they are asked to do something which will infringe GDPR or other data protection laws of the EU or a member state.
8. Equality Comments
8.1. Under s149 of the Equality Act 2010 (the Equality Act), as a public authority the Deputy Mayor/MOPAC must have due regard to the need to eliminate discrimination, harassment and victimisation, and any conduct that is prohibited by or under this Act; and to advance equality of opportunity and foster good relations between people who share a protected characteristic and those who do not. Protected characteristics under the Equality Act are age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and marriage or civil partnership status (the duty in respect of this last characteristic is to eliminate unlawful discrimination only).
8.2. The continuation of funding as laid out in this decision will ensure that, at this time of continued upheaval and uncertainty, vulnerable Londoners do not face a reduction in support.
8.3. Due to the wide-ranging nature of the projects funded, equality considerations for individual projects must be identified at a local level. Boroughs and providers will be reminded of their responsibilities to have due regard to the equality and diversity implications for each of the initiatives they propose.
8.4. This requirement is included in the project minimum standards for direct borough funding, compliance with which is a condition for funding. Each proposal will be reviewed against these standards and MOPAC will not fund bids unless there is confidence that the borough will mitigate any adverse equality implications.
8.5. Each borough and provider is required to have due regard to eliminate discrimination, harassment and victimisation; advance equality of opportunity; and foster good relations between different groups.
9. Background/supporting papers
9.1. Annex A – Borough Allocations 2022/2025
Annex A – Borough Allocations 2022/25
Signed decision document
PCD 1042 London Crime Prevention Fund 2022-25