MoJ Emergency Fund - management support for DA/SV Support Services

In May 2020, the Ministry of Justice (MoJ) announced £25 million in emergency funding to be made available for Domestic Abuse (DA) and Sexual Violence (SV) Support Services. Around £3 million of this funding will come to MOPAC to disburse to a large number of VCS service providers.

This decision is to approve the appointment of a fund manager at a cost of £75,000 to support the disbursement and oversight arrangements of this funding and to approve the transfer of a significant portion of the emergency funding MOPAC is due to receive from the MoJ under this funding stream

The Deputy Mayor for Policing and Crime is recommended to:

1. Approve the transfer of up to £1,476,140.33 to the London Community Foundation, via a variation to their VAWG Grassroots Fund contract, to distribute a portion of the emergency funding MOPAC will receive from the MoJ;

2. Approve the payment of £75,000 as management fee to London Community Foundation to administer MOJ emergency funding to MOPAC; and

3. Delegate the approval of detailed arrangements to enable the disbursement of these additional funds to the Chief Executive Officer.

PART I - NON-CONFIDENTIAL FACTS AND ADVICE TO THE DMPC

1. Introduction and background

1.1. As per PCD 772, MOPAC submitted bids totalling £3,175,857 for the MoJ COVID-19 extraordinary funding announced on 19th May. Details on the funding opportunity can be found online here: https://www.gov.uk/guidance/covid-19-funding-for-domestic-abuse-and-sex…

1.2. Once MOPAC receives a grant agreement from the MoJ confirming its funding allocation, up to 49 new grant agreements or variations will need to be drafted and new payment arrangements set up. The final funding amounts and number of new grant agreements will be confirmed once the MoJ has approved MOPAC’s submission.

1.3. MOPAC ran an open and transparent process in allocating this funding which has attracted successful bids from many grassroots organisations and small specialist organisations that support groups with protected characteristics. The majority of the successful applicants to this MoJ funding opportunity are providers that MOPAC does not have an existing direct grant or contract with and as such new grant agreements and payment arrangements need to be set up.

2. Issues for consideration

2.1. The MoJ funding guidance sets the expectation that PCCs will pay successful applicants this funding as promptly as possible after terms have been agreed. This is to ensure this emergency funding reaches where it is needed as quickly as possible. To expedite the process to achieve this objective, MOPAC has approached London Community Foundation to support MOPAC with the disbursement of funds and oversight over these grants. MOPAC will vary the contract held by the London Community Foundation for the delivery of the VAWG Grassroots Fund (awarded in PCD 644) to enable them to take on this additional work.

2.2. MOPAC’s direct contribution to the cost of disbursing the MoJ’s funds is essential to enable the emergency funding to reach frontline services supporting victims of DA and SV as quickly as possible. This MoJ funding will enable crucial services to adapt and maintain service delivery throughout this period. This funding and the approach MOPAC has taken to allocating it will help to amplify the impact and reach of the MOPAC VAWG Grassroots Fund and Victims Small Grants Fund which are due to come online later this year.

3. Financial Comments

3.1. This decision seeks approval to transfer £1,476,140.33 of London’s allocation of the MoJ’s Emergency Funding for Domestic Abuse and Sexual Violence Support Services.

3.2. It also requests approval to vary existing contract with London Community Foundation to enable the distribution and administration of MoJ grant awards at a cost of £75,000 towards management fee.

3.3. MOPAC is unable to claim any associated costs towards management fee from the MoJ Emergency Funding.

3.4. The £75,000 management fee is to be funded from General Reserves to meet the cost of distributing and administration of MoJ’s Emergency Fund.

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).

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 in line with the guidance issued by the Cabinet Office in March 2020 (PPN 01/20), and so can be awarded to the incumbent without further competition.

6. Public Health Approach

6.1. Not applicable.

7. GDPR and Data Privacy

7.1. 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