Prevention of Future Deaths reports · 2019
Regulation 28 report to prevent future deaths, reference 2019-0292, written 29 Aug 2019. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 29 Aug 2019 |
|---|---|
| Reference | 2019-0292 |
| Deceased | Michael Hoolickin |
| Coroner | Joanne Kearsley |
| Coroner area | Manchester North |
| Category | Other related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 4 |
Text recovered by OCR from a scanned PDF. OCR is imperfect: check anything you rely on against the source PDF. Reproduced verbatim, including the scan's own layout.
REGULATION 28: REPORT TO PREVENT FUTURE DEATHS (1) REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: 1. Rt Honourable Robert Buckland MP, Secretary of State for Justice 2. EEE National Probation Service North West (NPS) 3. Chief Constable, Greater Manchester Police (GMP) 4. PY Chair of National Chief Police Council (NPCC) 5. Chief Constable, Lancashire Constabulary CORONER | am Joanne Kearsley, Senior Coroner for the Coroner area of Manchester North }_ CORONER’S LEGAL POWERS | make this report under paragraph 7, Schedule 5, of the Coroner’s and Justice Act 2009 and Regulations 28 and 29 of the Coroners (Investigations) Regulations 2013 ; INVESTIGATION and INQUEST On the 8" November 2016 | commenced an investigation into the death of Michael Hoolickin who died on the 17" October 2016 at the Manchester Royal Infirmary. The Inquest concluded on the 16" August 2019. The details as to how Michael’s death occurred were recorded as follows: Michael Hoolickin died on the 17" October 2016 at the Manchester Royal Infirmary. He had been attacked and stabbed in an unprovoked assault on the 14" October 2016. The perpetrator of the attack was subject to licence conditions and management by the National Probation Service having been released from prison in February 2016. Organisational failures and failures in the management of the perpetrator, including the lack of implementation of Pl 30/2014, lack of organisational knowledge on how to access drug test results and a failure to provide or seek out all relevant pertinent information meant there was a missed opportunity to initiate recall of the perpetrator on the 3 August 2016, which whilst not causative of the attack on Michael, on the balance of probabilities, probably contributed to his death. The conclusion of the Inquest was that Michael Hoolickin was unlawfully killed. During the course of the Inquest the Court heard evidence from a number of witnesses including Offender Managers (OM), Senior Probation Officers (SPO) and Assistance Chief Officers (NPS). GMP officers from the Spotlight Team and also from an independent expert instructed to consider aspects of the NPS involvement. + CIRCUMSTANCES OF DEATH As indicated above on the 14" October Michael Hoolickin was stabbed by an offender in an unprovoked attack. The offender Timothy Deakin (TD) had been released from prison in February 2016 having previously received a 56 month sentence for an assault during which he had bitten someone’s ear off. He was released half way through his sentence as he was a determinate sentence prisoner and was therefore managed by the NPS. He was subject to a number of additional licence conditions, in particular: o Drug testing for class A and class B drugs. (The Court heard this was required to be undertaken weekly). o__Curfew and residence requirements. )The Court heard evidence his curfew requirements at times were varied but for the majority of his time on licence he was subject to curfew which required him to be home in the evening from differing times). o Non-association with his co-defendant His OASYS assessment in March 2016 had concluded he was a high risk of serious harm to adult males. His nature of the risk he presented was recorded as being associated with extreme violence, with a propensity to use instant violence when faced with confrontation and a concern was noted as to the offenders nonchalance to the violence he perpetrated. Of importance was the fact that the offenders risk of violence was recognised as being linked to his use of cocaine. In addition he was classed as a Prolific and Priority Offender (PPO) so was managed jointly with GMP as part of the Integrated Offender Management Unit (IOM). The Court heard evidence as to the offenders behaviour during the time whilst he was being managed on licence. He had a period of time where he resided in Approved Premises before returning to live at his Mother's address in Rochdale in April 2017. During his time on licence the offender had three OMs and whilst the Court found there were significant individual failings on the part of 2 of the OMs there were also numerous organisational failures. One of the most significant organisational failures which will be dealt with below was in relation to drug testing, which meant throughout the entire licence period there was a failure by a trainee Probation Officer, 2 OMs, 3 SPOs and an ACO to realise the offender was testing positive for cocaine. Hence no referral to drug treatment services was ever made. During the offenders time on licence there were key and significant events during the following time periods: 2-4" May 2016 In the early hours of the 2“ May the offender was arrested and was charged with no licence, no insurance and failing to stop for a PC (following a police pursuit, him crashing his vehicle and being chased and apprehended by a police dog). Following a RAMA meeting on the 3% May there was a failure by the SPO to recognise the fact there had been a police pursuit and to pass this information onto the ACO for her information when considering the level of enforcement action. A managers warning was issued on the 4" May 2016. 10" May 2016 On the 10" May 2016 the offender was arrested by Lancashire Constabulary. The information provided by GMP to the NPS was that the offender had been arrested in possession of a tin of drugs (believed to be cannabis) which were in his under garments and he had been arrested for intention to supply. During the course of the Inquest it became clear that there was a discrepancy in the evidence from Lancashire Constabulary and GMP. The Officer from Lancashire Constabulary gave a statement to the Court in which he clearly believed he was contacting GMP in relation to the person with whom the offender was arrested (DC). GMP had believed the call related to the offender Timothy Deakin. The result was the NPS were provided with incorrect information. However based on the information they had been provided with, the case was reviewed by an SPO who considered recall was appropriate subject to a decision by the ACO. At no stage during the course of this offenders involvement with the NPS was there any attempt to clarify any information with GMP or to request evidence in order to support any of the shared intelligence or information. The Court heard the ACO was contacted by the SPO and due to the fact the offender was in custody, deferred any recall decision until the morning. The following morning the ACO did meet with the OM in the Rochdale Office but there was a failure to have a proper discussion with the OM about the offender who had now been arrested twice within a week and within three weeks of leaving the Approved Premises. There was also a failure at this stage by the OM to provide all relevant information to the SPO and ACO in order for them to make an informed decision. As it transpired the offender was not charged with any offences by Lancashire (although clarity as to why not was never requested by the NPS) and therefore a decision was taken to issue an ACO warning. No discussion took place between the ACO and the SPO to explain the rationale for this decision and nowhere was there a documented rationale for the issuing of an ACO warning as opposed to recall. 21° June On the 21% June a member of the GMP Spotlight (IOM) team forwarded an email to the OM expressing her concerns about the offender. The Court heard there was a close working relationship between the IOM and NPS witnesses. A number of GMP officers gave evidence to the Court as to their escalating concerns about the offender and the fact they were of the opinion his risk of serious harm (and his risk to life) was increasing. They were also of the opinion such views were shared with the NPS OM and trainee. Upon receipt of this email the OM had a telephone discussion with a SPO as to how to respond to GMP. Again the Court was not satisfied with the quality and quantity of the information provided by the OM to the SPO about the case. 22nd -23" June On the 23 June NPS were forwarded an email by the GMP IOM officers which provided details of an incident which had occurred on the 22™ June. This intelligence report detailed an incident in which the offender and his co-accused from whom he was subject to licence conditions not to associate with, were believed to have attended a property with knives. The officer who attended this incident gave credible evidence to the Court that whilst the people at the house would not provide a statement, he believed the incident involved the offender. At this stage, the evidence from GMP was in their opinion the offender by now be recalled, as they felt the ability to manage his risk within the community was such that he could not be managed. Whilst it was accepted the decision to recall lies with the NPS the opinion of the Police in circumstances where they have joint management responsibilities is clearly a relevant factor. This information was forwarded by the OM to the SPO however there was a failure by the SPO to respond and there was a failure by the OM then to escalate this significant information. GMP IOM/NPS Integrated Working A significant finding from this Inquest was the fact that in all likelihood the close integrated working led to a significant failure to pass on concerns in a recorded and appropriate format. The Court found a culture and practice had developed of expressing concerns through informal conversations, telephone calls none of which were recorded. Hence the informal nature of such discussions meant that the rationale for such concerns and the recording and documenting of concerns was lost. Moreover it meant information was not then provided in a structured way to SPOs and the ACO. It was clear to the Court that the IOM officers had significant concerns about the offender throughout the time he was on licence. Despite these concerns there was a failure to escalate their concerns to Senior Management. May — June 2016 During the period the 16" May 2016 — 23% June 2016 the Court found there were failures by both GMP and the NPS in the management of this offender. During this time he was subject to one drug test, 2 curfew checks, and only 4 home visits which all occurred in the week commencing the 13" June and in which he was seen on only one occasion. 11" 13" July 2016 On the 11". July the OM escalated the case to the SPO for advice this was following intelligence from GMP to suggest the offender had been at a festival for the weekend. This led to a discussion between the SPO and the ACO. There was a failure by the OM and the SPO to provide full and detailed information including the OMs genuinely held belief by this time that consideration should be given to recalling the offender. A decision was taken to issue a further SPO warning to the offender. Fr 3 August 2016 | On the 3° August the offenders case was escalated by the OM to the ACO. The reason for the escalation was due to threats made by the offender to a specific individual (linked to his family). This was the first time the ACO had been made aware of the intelligence from the 22 June of the offender potentially being involved in an incident with knives. Given the passage of time and the fact this had not been raised previously with her it was wrongly assumed this incident had been considered and clarification sought from GMP. No information was sought/provided with regards to his drug test results despite the ACO being aware he was subject to weekly Class A and Class B drug testing. No information was soughi/provided with regards to the outcome of any curfew checks. On the basis of the information provided the ACO met with the offender to reinforce his licence conditions. The Court found as a matter of fact that had all relevant information which was available been provided to the ACO on the 3% August then on the balance of probabilities it is more likely than not recall would have been initiated. Had recall been initiated the Court was satisfied from the evidence, it was more likely than not the offender would have been in custody on the 14" October 2016 when he attacked Michael Hoolickin. 25" August - 14" October A third OM took over the responsibility for the management of the offender during this period of time. During this entire period there was a lack of drug testing and a failure by the OM to have a clear understanding of the offenders licence conditions and therefore a failure to enforce those licence conditions. Handover and Allocation or Work — The Court heard evidence as to the quality of the handover provided to the third OM who was a newly qualified OM (and new to the Rochdale office). The Court questioned the allocation of this offender to this OM which was done on an ad-hoc uninformed way. In addition the handover provided was inadequate. During the course of the Inquest the Court received evidence on a number of generic matters which are relevant throughout the time of the offenders management: Drug Testing - The failure to implement PI/2014 which should have been implemented by November 2014 meant the Rochdale NPS office were not using instant drug testing which would have shown the offender was testing positive for cocaine. As it was, in 2016 Rochdale NPS were still using laboratory drug testing methods. Frequency of testing — despite the offender being subject to weekly testing there were significant periods of time when no testing was undertaken. Particularly from the 24" May 2016 — 4" July 2016 and from the 21* August 2016 — 14" October 2016. Drug test results ~ due to a failure nationally to realise that the case management system did not ‘pull through’ drug test results which had been requested by way of a “tick box” (ie the drug tested for), there was a failure to realise the offender was testing positive for cocaine on 9 occasions from the 4" May 2016. Staffing shortages — The court heard there were significant staffing shortages in the Rochdale, Oldham and Bury cluster, in part due to Transforming Rehabilitation although other reasons also impacted such as sickness. As a result OMs had an excessive workload which the Court is satisfied in part contributed to the lack of effective management in this case. In addition a severe lack of SPOs (in part due to sickness) meant that there was ineffective oversight and formal management of cases during this period of time. The Court does recognise some attempts were made to minimise this issue. CORONER’S CONCERNS During the course of the inquest the evidence revealed matters giving rise to concern. In my opinion there is a risk that future deaths will occur unless action is taken. In the circumstances it is my statutory duty to report to you. The MATTERS OF CONCERN are as follows:- For Everyone Serious Further Offence Reviews — Following the death of Michael Hoolickin the NPS conducted a single agency Serious Further Offence Review. No internal investigation review was conducted by GMP. The ability to prevent future deaths is predicated on the recognition of issues or failures from which lessons can be learnt. Despite the fact this was a high risk offender who was jointly managed within a multi-agency integrated team there was no multi-agency review. The Court did not consider the involvement of any other agencies such as the offenders GP, drug and alcohol services or Social Services (he was a leaving care young adult) as these were not within the scope of the Inquest. Some of these agencies were also supposed to be part of the IOM cohort. The failure to undertake a multi-agency review in cases where a high risk offender subject to multi-agency management has gone on to take someone’s life means both organisational and individual failings are not identified and there is a missed opportunity to learn lessons in order to prevent future deaths. For the Secretary of State for Justice and the National Probation Service Transforming Rehabilitation. The Court heard evidence as to the catastrophic impact the Transforming Rehabilitation Programme had had on the staffing levels within the NPS. In addition of the immense difficulties placed on the service in implementing new procedures, policies, working practices and training staff in the new service. Of note this programme caused particular difficulties in certain parts of the country, the Rochdale, Oldham and Bury cluster being one such area. The Court was satisfied this, in part, contributed to the failure to implement PI 30/2014. The Court heard evidence of the planned move away from Transforming Rehabilitation and the plan to reintegrate the current divided service (NPS and CRCs) into one service which is due to come into force in the future. The Court has concerns as to the planning and preparation required for the amalgamation of any new service in order to alleviate the evidenced problems which occurred as a direct result of the previous Transforming Rehabilitation programme. N-Delius Case management System. The Court heard evidence in respect of the difficulties of utilising the case management system N-Delius. One Senior NPS witness confirmed, “ it could be argued this system needs a complete revision.” Numerous witnesses gave evidence as to the difficulties in accessing this system, its design and the time it takes to access the different parts which hold pertinent information about an offender, describing this as prohibitive. For example for Offender managers trying to read through the file to obtain current information there is nowhere which would easily show the most up to date curfew or the most up to date position as to how often drug testing is being conducted. All such matters may be subject to: revision during an offenders licence period. The last Offender Manager completely missed the fact that the offender was subject to drug testing hence no drug tests were conducted, bar one by the trainee OM, from 21% August — 14' October 2016. The Court was extremely concerned as to whether this system is fit for purpose, particularly when attempting to capture all relevant, recent information about a high risk offender in order to reach an informed decision such as recalling them to prison. Moreover the decision to initiate recall is the responsibility of an Assistant Chief Officer (ACO). The Court heard their decision is based solely on the information provided to them by the Offender Manager (OM) usually via a Senior Probation Officer (SPO) who would have been consulted in the first instance. The decision therefore to deprive someone of their liberty and recall them to prison is totally reliant on the OM accessing the case management system (described above) and forwarding all relevant information. There is no expectation for an ACO to access an offenders records on the case management system in order to inform themselves or to consider whether there is any further relevant information. There may not even be any direct contact between the OM and the ACO. In this case the Court heard evidence of the complete lack of “professional curiosity” from a number of witnesses which in conjunction with no expectation to read or access the information meant crucial information was not known to the ACO who ultimately responsible for the decision on recall. Drug Testing — the Court found there was an ineffective national system in use in 2016 (N Delius) for which there had been no training on how to access Drug test results. As a result individual offices had implemented their own systems for storing drug test results. However there is no induction training, information available to staff in individual offices by way of office procedures which informs staff of local practices. This is particularly pertinent if staff transfer from other offices. ACO and SPO warnings - During the course of the Inquest the Court heard differing opinion from the ACO and the expert as to whether an ACO is a final warning. In this case the offender received a SPO warning, an ACO warning and then a further SPO warning within a 9 week period. National Standards suggest an ACO warning is a “final” warning. The ACO told the Court that there is no reason why a further SPO warning cannot be issued following an ACO warning. The expert suggested this was incorrect and that the guidance is clear that an ACO warning is a final ie last warning. The Court found there is a lack of clarity and specific instructions to the NPS on this point. Record Keeping - The Court heard evidence as to the record keeping by NPS witnesses in this case. The Court had serious concerns as to the poor records or complete lack of records particularly by SPOs and the ACOs. OASYS Assessments - At no stage after March 2016 was the offenders OASYS risk assessment updated. Moreover the lack of formal supervision meant this was not addressed. Cross Referencing Intelligence of Offenders subject to Licence and Management — During the course of the Inquest questions were raised around the ability of the NPS to cross reference intelligence received in respect of different offenders. In addition whether there was capacity to cross reference intelligence held by other agencies such as the Youth Offending Team. For example the offender was arrested on the 10" May with a PPO nominal who was known to YOT. It is not known whether YOT received any further information about the incident or whether they held information which may have assisted the NPS. For National Police Chief Council , Greater Manchester Police and National Probation Service Curfew Requirements. The Court was satisfied from the evidence that there is no clear understanding as to the initiation of curfew checks. It was clear to the Court there was confusion as to whether an offender on a curfew will automatically be subject to curfew checks carried out by the Police or whether such checks will only be conducted following a specific request by the NPS. As a result in this case the offender was only subject to 2 curfew checks in 8 months. In addition there was a lack of clarity as to whether the Police would only report a curfew check if the offender was not present at the time of the check. Police National Computer & Licence Conditions The Court heard that an offenders’ licence conditions are not held on the Police National Computer database. Hence if an offender is arrested by a different force they are unlikely to know whether the offender may be in breach of their licence. Hence it is not clear how any potential breaches would ever be shared effectively with the NPS. Integrated Working The evidence before the Court was there are no Standard Operating procedures or formal processes in place for the sharing of information when teams are integrated. As indicated above in this case the Court found this led to a culture of more informal discussions and means of sharing information. Integrated Offender Management Cohort Meetings The evidence before the Court was that in respect of the multiagency IOM meetings there was no formal agenda, no formal minutes, no accurate record kept of these meetings by either GMP or the NPS and no way of ascertaining who had attended these meetings. Of note these meetings are to discuss the ongoing management of high risk offenders being managed in the community and is an opportunity to discuss how effective the management plan is. There is no national guidance to forces or agencies on how these meetings should be structured or recorded. For Greater Manchester Police and Lancashire Constabulary e Information Sharing - The importance of ensuring accurate detailed information is shared between police forces is vital. Both offenders arrested on the 2"? May were PPO nominals. There was a complete breakdown of communication and information sharing between GMP and Lancashire Constabulary which lead to only information about one of the two offenders being passed on. More importantly there was confusion between the forces as to which offender was being discussed. The impact of this goes directly to decisions made by the NPS on matters such as recall. ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and | believe each of you respectively have the power to take such action. YOUR RESPONSE You are under a duty to respond to this report within 56 days of the date of this report, namely 24" October 2019. |, the Coroner, may extend the period. Your response must contain details of action taken or proposed to be taken, setting out the timetable for action. Otherwise you must explain why no action is proposed. COPIES and PUBLICATION | have sent a copy of my report to the Chief Coroner and to the following Interested Persons namely:- - The family of Michael Hoolickin and their legal representatives - Greater Manchester Police and their legal representatives - National Probation Service and their legal representatives - and her legal representative - and his legal representative | am also under a duty to send the Chief Coroner a copy of your response. The Chief Coroner may publish either or both in a complete or redacted or summary from. He may send a copy of this report to any person who he believes may find it useful or of interest. You may make representations to me the coroner at the time of your response, about the release or the publication of your response by the Chief Coroner. Date: 29th August 2019 Sign
4 responses published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.
GREATER MANCHESTER lan Hopkins QPM “(ER 5 Chief Constable Nas HM Senior Coroner Ms Joanne Kearsley The Coroner’s Office The Phoenix Centre Stephen Shaw MC Way Rochdale 31 October 2019 OL10 1LR Dear Ms Kearsley Re: 28 day letter following the Inquest touching upon the death of Mr Michael Hoolickin Thank you for your report sent by email dated 29 August 2019 in respect of Michael Hoolickin (deceased) and pursuant to Regulations 28 and 29 of the Coroners (investigations) Regulations 2013 and paragraph 7, Schedule 5 of the Coroners and Justice Act 2009. Having carefully considered your report and the matters therein, | reply to the concerns raised as follows:- Extract from Requlation 28: For Everyone Serious Further Offence Reviews - Following the death of Michael Hoolickin the NPS conducted a single agency Serious Further Offence Review. No internal investigation review was conducted by GMP. The ability to prevent future deaths is predicated on the recognition of issues or failures from which lessons can be learnt. Despite the fact this was a high risk offender who was jointly managed within a multi-agency integrated team there was no multi-agency review. The Court did not consider the involvement of any other agencies such as the offenders GP, drug and alcohol services or Social Services (he was a leaving care young adult) as these were not within the scope of the Inquest. Some of these agencies were also supposed to be part of the [OM cohort. The failure to undertake a multi-agency review in cases where a high risk offender subject to multi-agency management has gone on to take someone’s life means both organisational and individual failings are not identified and there is a missed opportunity to learn lessons in order to prevent future deaths. Response: It is accepted that there may be missed opportunities to learn from incidents where an offender subject of multi-agency management causes death or serious injury and a multi-agency review does not take place. At present there is no national police guidance in relation to the internal reviews of incidents where an offender, subject of supervision by the integrated offender management (IOM) team, is involved in a further serious offence such as homicide. Location address: GMP Force Headquarters, Central Park, Northampton Road, Manchester M40 SBP Postal address: Greater Manchester Police, Openshaw Complex, Lawton Street, Openshaw, Manchester M11 2NS. Tel: 101 AN A.8& In these circumstances where the offender is subject of multi-agency protection panel arrangements (MAPPA) there is a statutory framework in existence to ensure lessons are identified and learned. This framework requires the agencies involved in the management of the offender to carry out a multi-agency review. Following discussion with local partners Greater Manchester Police will adopt that best practice and hold a similar multi-agency review of such IOM cases. Further that the multi- agency review should complement the serious further offence (SFO) review carried out by the NPS through an agreed action plan with the objective of identifying and addressing any single agency or partnership learning and opportunities to improve practice. The results of the multi-agency review and any action taken or required will be reported at borough level to the reducing re-offending board. The recently formed Greater Manchester adult offender management reform board will provide the strategic oversight of multi-agency organisational learning and will ensure this learning is shared throughout Greater Manchester. This shared approach to reviews will be included in updates to the Greater Manchester IOM Manual of Guidance (August 2018). Extract from Requlation 28: For National Police Chief Council, Greater Manchester Police and National Probation Service Curfew Requirements - The Court was satisfied from the evidence that there is no clear understanding as to the initiation of curfew checks. It was clear to the Court there was confusion as to whether an offender on a curfew will automatically be subject to curfew checks carried out by the Police or whether such checks will only be conducted following a specific request by the NPS. As a result in this case the offender was only subject to 2 curfew checks in 8 months. In addition there was a lack of clarity as to whether the Police would only report a curfew check if the offender was not present at the time of the check. Response: It is accepted that there is no clear understanding of how curfew checks on IOM subjects should be initiated and reported upon. There is currently no national guidance on how agencies should ensure compliance with curfews as a licence condition. It has been agreed with local partners that the responsibility for carrying out curfew checks on offenders within the IOM cohort is owned by the police. Moreover that on a case by case basis there should be an agreed curfew management plan with NPS which is set and regularly reviewed in the IOM case review meetings. The plan should include: what the checks are intended to achieve; the anticipated frequency and timing of curfew checks; and the approach should be justified, necessary and proportionate in accordance with ECHR. The IOM sergeant has responsibility to task out the curfew checks to officers within the IOM team or alternatively to district officers, either neighbourhood or response officers. The feedback and updates from curfew checks conducted by the police will be shared with other OM partner agencies, including NPS, during the case review meetings. In the event curfew check completion is prevented by other demands on the available police resources, as identified in your ruling at point 83, then it is the IOM sergeant’s responsibility to ensure resources are made available to provide a robust assurance of compliance with curfew requirements. If relevant information is obtained as a result of a curfew check an intelligence record will also be created on police systems. Location address: GMP Force Headquarters, Central Park, Northampton Road, Manchester M40 5BP Postal address: Greater Manchester Police, Openshaw Complex, Lawton Street, Openshaw, Manchester M11 2NS Tel: 101 AY This agreed approach to ensuring compliance with curfew licence conditions will be included in the next update to the Greater Manchester |OM Manual of Guidance. Police National Computer & Licence Conditions - The Court heard that an offenders’ licence conditions are not held on the Police National Computer database. Hence if an offender is arrested by a different force they are unlikely to know whether the offender may be in breach of their licence. Hence it is not clear how any potential breaches would ever be shared effectively with the NPS. Response: The PNC is a national database and an entry on the CU page of a person record, concerning supervision or licence details, is completed using a set wording. This includes contact details for the national probation service or Spotlight team managing the subject and the dates between which the licence or supervision is effective. It is accepted that the PNC does not hold specific licence conditions. All persons authorised for detention at a police station should be checked on PNC and it is the responsibility of officers in the force where the subject is arrested to make contact with the relevant probation service office to share details of the arrest from which the NPS can assess whether the licence or supervision conditions have been breached. In this case on 10 May 2016, Lancashire police were alerted to the fact that the offender Mr HEE “2s subject of licence conditions when he was arrested and the PNC was checked. Contact was made with the Spotlight team, which is consistent with the flagging principles of PNC; the confusion arose because of a lack of effective information sharing that followed between Lancashire Constabulary officers and GMP officers. Custody staff in GMP who carry out PNC checks on detained persons have been reminded of the importance of their role in identifying individuals on licence and under supervision and ensuring that the they or the arresting officers make appropriate contacts with the relevant probation service or spotlight office. The importance of accurate information sharing and management has been highlighted to officers and staff in GM integrated offender management teams. At this time the PNC does not hold the specific licence conditions because of the volume of offenders on licence, many of whom have multiple conditions, which are subject to variation. After respectful consideration of the evidence gathered in this inquest and the concerns expressed in the Regulation 28 letter the disadvantages it is felt that maintaining a timely and accurate record of all licence conditions would require a significant increase in administrative time which would not be justified given the information is accessible from the NPS who will in any case make a determination on breach. Integrated Working - The evidence before the Court was there are no Standard Operating procedures or formal processes in place for the sharing of information when teams are integrated. As indicated above in this case the Court found this led to a culture of more informal discussions and means of sharing information. Response: The model of integrated working is intended to facilitate discussion between people from different agencies to improve understanding of cohort members and how their offending might best be managed and or reduced. The fluidity of the information exchange is therefore important to the success of the integrated teams. It is accepted that documenting discussions upon which actions are set or decisions made is important and whilst the court heard testimony that this had improved since 2016 it is an area that GMP will look to improve though better structured and documented cohort meetings (see below). Location address: GMP Force Headquarters, Central Park, Northampton Road, Manchester M40 5BP Postal address: Greater Manchester Police, Openshaw Complex, Lawton Street, Openshaw, Manchester M11 2NS Tel: 101 A.10 Integrated Offender Management Cohort Meetings : The evidence before the Court was that in respect of the multi-agency [OM meetings there was no formal agenda, no formal minutes, no accurate record kept of these meetings by either GMP or the NPS and no way of ascertaining who had attended these meetings. Of note these meetings are to discuss the ongoing management of high risk offenders being managed in the community and is an opportunity to discuss how effective the management plan is. There is no national guidance to forces or agencies on how these meetings should be structured or recorded. Response: The concerns raised about |OM practice in 2016 are accepted. However, it is important to emphasize that since 2016, there have been improvements to record keeping in line with the content of the revised IOM framework circulated in August 2018. The framework is supported by new paperwork and templates, including draft agendas and action logs with names and timescales. Learning from this case will inform further revision to the IOM guidance to include the process for escalating cases where police officers consider recall is required with the associated rationale. The revised guidance will also ensure that cases with increasing levels of risk are not only escalated but considered for referral into MAPPA within the individual case reviews. Extract from Regulation 28: For Greater Manchester Police and Lancashire Constabulary Information Sharing - The importance of ensuring accurate detailed information is shared between police forces is vital. Both offenders arrested on the 2" May were PPO nominals. There was a complete breakdown of communication and information sharing between GMP and Lancashire Constabulary which lead to only information about one of the two offenders being passed on. More importantly there was confusion between the forces as to which offender was being discussed. The impact of this goes directly to decisions made by the NPS on matters such as recall. Response: Whilst it is accepted that the exchange of information in this case between police officers from Lancashire Constabulary and GMP could and should have been more effective it is respectfully submitted that evidence from this this single incident does not amount to a systemic issue. Furthermore the purpose of the initial contact is to make the relevant NPS or IOM team aware of the basic circumstances of the arrest of a person on licence. As in this case, at the time of the initial contact it is unlikely that the full circumstances of the incident leading to arrest will be known or the outcome. It is incumbent on those managing the licence to ensure they have sufficient reliable information upon which to base a decision on licence variation or recall. Custody suites are a conduit for sharing information between forces for out of area arrests including those in breach of licence conditions.This type of contact is daily business and there isn’t any specifc guidance for custody staff in relation to how to pass information between police forces. This approach to sharing information about the arrest of a person who is subject to licence conditions meets the requirements for initial notification of arrest to the team responsible for managing that offender. It is appropriate and proportionate to remind all staff working within custody offices of the importance of paying attention to detail when sharing information. A briefing note has been produced by the custody branch to advise and remind the custody teams across Greater Manchester Police of their responsibilities around detainees who are on licence or under supervision and the importance of accurate and timely information sharing with the contact detailed on the CU page of PNC Location address: GMP Force Headquarters, Central Park, Northampton Road, Manchester M40 5BP Postal address: Greater Manchester Police, Openshaw Complex, Lawton Street, Openshaw, Manchester M11 2NS Tel: 101 A.11 Summary On behalf of Greater Manchester Police | acknowledge the areas in which we can improve our approach to integrated offender management. There is work already underway in relation to reviewing the OM Manual of guidance (August 2018) and this will cover the areas of escalation, information sharing, and expectations for integrated working, particularly in relation to record keeping and recording key decisions. This ongoing work is collaborative across the IOM partnership and all agencies are committed to continually improving integrated offender management. The GM adult offender management reform board, chaired by Chief Supt Paul Savill will provide the governance to the ongoing work in this area. On 8 October 2019 an IOM sergeants’ meeting was held and the concerns from this case have been discussed thoroughly with all the district representatives. A GM wide IOM workshop has been planned for 28 November 2019, during which the lessons learned from Mr Hoolickin’s death and the consequent changes to guidance will be the focus of the day. The concerns raised in this regulation 28 letter have been shared with the NPCC tead for IOM, DCC John Stratford and will be included on the agenda of the next meeting of the National OM Working Group (January 2020) | hope that this response is helpful in outlining the actions that we are taking to address the issues you raised and in demonstrating our total commitment to learning from the tragic death of Mr Hoolickin, so that we can prevent death or serious injury arising in similar circumstances in the future. Yours sincerely ! lan Hopkins Chief Constable Location address: GMP Force Headquarters, Central Park, Northampton Road, Manchester M40 SBP Postal address: Greater Manchester Police, Openshaw Complex, Lawton Street, Openshaw, Manchester M11 2NS. Tel: 101 A.12
H M Senior Coroner Ms Joanne Kearsley,
The Coroner’s Office,
Manchester North.
Amy Rees
Director General of Probation and Wales
HM Prison and Probation Service
3rd Floor Churchill House
Churchill Way
Cardiff CF10 2HH
e-mail: DirectorGeneralProbation@justice.gov.uk
9 December 2019
Dear Ms Kearsley
Inquest into the death of Mr Michael Hoolickin
Thank you for your Regulation 28 Report, issued following the Inquest into the death of Mr. Hoolickin.
I am replying as the Director General of Probation and Wales, part of Her Majesty’s Prison &
Probation Service (HMPPS) on behalf of the Secretary of State for Justice and Ms Hamilton of the
National Probation Service North West Division.
I know that you will share a copy of this response with the family and I would first like to express my
sincere condolences that they were victims of such a terrible crime. The implementation of learning
from this case is my absolute priority. We are grateful for your comments and recommendations for
improvement, which we have considered in detail.
I set out below the responses to the matters you have raised giving rise to concern.
The failure to undertake a multi-agency review in cases where a high-risk offender subject to multi-
agency management has gone on to take someone’s life means both organisational and individual
failings are not identified and there is a missed opportunity to learn lessons in order to prevent future
deaths.
There are arrangements in place for undertaking Serious Case Reviews on a multi-agency basis in a
range of circumstances, including for certain offenders managed under Multi Agency Public Protection
Arrangements (MAPPA) and for cases of Domestic Homicide. These reviews support organisational
learning across agencies. The management of the perpetrator in this case was not captured under
these arrangements as he was managed as MAPPA level 1 and under the current statutory guidance,
his management did not meet the criteria for a mandatory MAPPA Serious Case Review. The MAPPA
Guidance is statutory guidance issued by the Secretary of State for Justice under the Criminal Justice
Act (CJA) 2003, to help the relevant agencies in dealing with MAPPA offenders. We will review the
MAPPA guidance on which cases should be subject to a mandatory Serious Case Review. As part of
the process we will consult with partners, including the Home Office and police, on strengthening the
guidance on undertaking Serious Case Reviews where high risk MAPPA offenders have been
convicted of Murder.
A.55
The Court has concerns as to the planning and preparation required for the amalgamation of any new
service in order to alleviate the evidenced problems which occurred as a direct result of the previous
Transforming Rehabilitation programme.
The Department is determined to ensure a smooth transition to future probation arrangements which
minimises disruption for staff and service users. We are working closely with the Community
Rehabilitation Companies to ensure we get the transition to the new system right. Extensive planning
for the transition is underway within HMPPS, drawing on lessons learned from Transforming
Rehabilitation and from our experience in Wales, where offender management functions transfer over
to the National Probation Service (NPS) in December 2019 ahead of Divisions in England.
The Court was extremely concerned as to whether the N Delius case management system is fit for
purpose, particularly when attempting to capture all relevant, recent information about a high-risk
offender in order to reach an informed decision such as recalling them to prison
HMPPS is engaged on a programme of work to modernise tools available to probation practitioners in
their management of offenders. Those responsible for this work closely with operational staff in NPS
to ensure that changes we make reflect their priorities and support front line staff in the way that they
work. The team will look at the issues raised in this case as soon as possible, and establish what
improvements can be made quickly. The team will consult front line staff to ensure any solutions
developed reflect practitioners’ needs. Updated Guidance on professional judgment decision making
and recording on NDelius has already been added to the EQUIP database.
There is no induction training, information available to staff in individual offices by way of office
procedures which informs staff of local practices. This is particularly pertinent if staff transfer from
other offices.
It is fully accepted that where there are local office practices in place there must be effective
communication of such local practices to staff new to an office. I have therefore taken immediate
steps to ensure that the National Induction Pack is updated so that it makes clear that specific
induction on local practice and processes must be completed both for staff new to the organisation
and for staff moving offices. We will also put in place a mechanism to record that this has taken place.
Lack of clarity and specific instructions to the NPS on the system of SPO and ACO warnings issued to
offenders and serious concerns as to the poor records or complete lack of records particularly by
SPOs and the ACOs.
The requirement for recording evidence of professional judgment has always been an essential
element of record keeping in individual cases. In April 2019, HMPPS strengthened guidance by
publication of the ‘Compliance and Engagement on Licence’ document. This paper outlines evidence
based best practice guidance that encompasses several critical areas of management of offenders on
licence from pre-release engagement to licence variation and recall thresholds. There is a chapter
which provides specific guidance and outlines expectations relating to recording of and accountability
for all decisions taken.
At no stage after March 2016 was the offender’s OASYS risk assessment updated. Moreover, the
lack of formal supervision meant this was not addressed.
The Probation Instruction on sentence planning sets out the expectation that Offender Managers
review OASys assessments and update the risk management plan in response to changes of
circumstance and, in particular, changes which may impact on risk. The assessment and risk
management plan should have been reviewed and updated in this case. The fact that that this had not
A.56
been done should have been picked up through management oversight and our supervisory
arrangements.
We have developed a new National Supervisory and Line Management Framework to better support
front line probation staff in their role which is being rolled out across the NPS Divisions. This
Framework is designed to ensure a consistent and appropriate level of management oversight
through practice supervision sessions and observation of practice as well as review of cases.
Through observation of practice, senior probation officers will be able to see whether staff are being
sufficiently challenging and adopting a properly investigative approach in their face to face supervision
of the offender. There is a minimum requirement of four practice supervision meetings and two
practice observations per annum for all probation officers with their Senior Probation Officer/line
manager. Within this framework, Senior Probation Officers with line management responsibility will
ensure that work is undertaken in line with expected standards and that decision making is being
properly recorded.
Questions were raised around the ability of the NPS to cross reference intelligence received in
respect of different offenders. In addition, whether there was capacity to cross reference intelligence
held by other agencies such as the Youth Offending Team.
We recognise the importance of sharing information about offenders both within teams and our own
organisation and with partner agencies, including YOT. In March, HMPPS published a new Policy
Framework on Intelligence Collection, Analysis and Dissemination and recently updated the policy in
October. Its purpose is to ensure staff within HMPPS adopt consistent approaches to the collecting,
handling, analysis and dissemination of intelligence. Its stated aims include that staff are confident in
submitting and collecting intelligence to combat ongoing criminality. Staff are required to share
intelligence appropriately within HMPPS or disseminate it to other agencies, so that through the
proactive use of intelligence to identify potential risks, the public are protected as far as possible from
the threat of harm. In addition, it is a clear principle of Integrated Offender Management (IOM) that all
partners manage offenders effectively together, which means agreeing the means to share
information and intelligence as a basis for multi-agency problem solving. This is set out in HMPPS
guidance on IOM.
There is no clear understanding as to the initiation of curfew checks. It was clear to the Court there
was confusion as to whether an offender on a curfew will automatically be subject to curfew checks
carried out by the Police or whether such checks will only be conducted following a specific request
by the NPS. As a result, in this case the offender was only subject to 2 curfew checks in 8 months. In
addition, there was a lack of clarity as to whether the Police would only report a curfew check if the
offender was not present at the time of the check.
The process for undertaking curfew checks should be set out in the risk management plan, stating
clearly who is responsible for what, and in cases such as this it should be agreed at multi-agency IOM
meetings. I have set out further below the arrangements that have now been put in place to
strengthen IOM arrangements in Greater Manchester. You may also be interested to know that
electronic monitoring is also available to monitor curfews for certain offenders, as is location
monitoring, which allows an offender manager to request retrospective information about a subject’s
whereabouts at any time during the lifetime of their supervision.
An offenders’ licence conditions are not held on the Police National Computer database. Hence if an
offender is arrested by a different force they are unlikely to know whether the offender may be in
breach of their licence. Hence it is not clear how any potential breaches would ever be shared
effectively with the NPS.
There is an established process for prisons to inform the police about an offender’s release on licence
and a specialist central unit uploads information on to the Police National Computer (PNC). The
A.57
system is owned and operated by the police and sits under the Home Office. HMPPS works
collaboratively with the PNC Bureau to keep the process under review and ensure that we are
providing them licence information in the most effective manner and will continue to do so.
There were no Standard Operating procedures or formal processes in place for the sharing of
information when teams are integrated. The Court found this led to a culture of more informal
discussions and means of sharing information.
The Greater Manchester Combined Authority Integrated Offender Management Framework was
launched in August 2018 which established a clear governance structure for Greater Manchester IOM
schemes. The Framework establishes steering groups, exit/entry meetings, and regular case
discussion/tasking meetings for IOM cohorts and specifies the need to record and circulate minutes
and actions and timescales for doing this. It identifies key cohorts and their criteria as well as the IOM
offer. It provides clear guidance regarding the sharing, reviewing and recording by IOM partners of
criminogenic and risk information relating to nominals.
In respect of the multi-agency IOM meetings there was no formal agenda, no formal minutes, no
accurate record kept of these meetings by either GMP or the NPS and no way of ascertaining who
had attended these meetings. Of note these meetings are to discuss the ongoing management of
high risk offenders being managed in the community and is an opportunity to discuss how effective
the management plan is. There is no national guidance to forces or agencies on how these meetings
should be structured or recorded.
The Home Office has set out the key principles for IOM, one of which is that it delivers a local
response to local problems. While we have issued national guidance for NPS staff on IOM, we think it
is right that detailed arrangements should be agreed locally. The Greater Manchester Combined
Authority IOM Framework establishes tasking meetings for all Greater Manchester IOM schemes.
These meetings cover specific tasking, sequencing of delegated tasks, reviewing and concluding on
outcomes. Partnership attendance is voluntary, but intelligence sharing is mandatory. These meetings
provide an opportunity to review individual action plans, emerging intelligence, set priorities for action,
enabling risk management planning to be implemented and contingency plans to be reviewed. The
Framework requires the sharing of minutes from these meetings in a timely manner. It also requires
these meetings to be held a minimum of three times per week.
The Greater Manchester IOM Framework is currently subject to review and your concerns will be
considered as part of this review. Where deemed necessary further guidance or clarification including
templates such as draft agenda, minutes and action logs will be included.
Thank you again for bringing these matters of concern to my attention. Please be assured that
learning from the circumstances of this tragic death will also be shared more widely with colleagues
across the NPS Divisions.
Yours sincerely
Amy Rees,
Director General of Probation and Wales, HM Prison and Probation Service
Cyfarwyddwr Cyffredinol y Gwasanaeth Prawf a Chymru, Gwasanaeth Carchardai a Phrawf EM
A.58
Lancashire Constabulary police and communities together PUBLIC PROTECTION UNIT Public Protection Unit Detective Chief Inspector Michael Gladwin Lancashire Constabulary Headquarters, Hutton, Preston, Lancashire. PR4 5SB Telephone:_01772 412432 Email: Our ref: —IN/00002/19 Your ref: 04 November 2019 Ms J Kearsley HM Senior Coroner The Phoenix Centre L/Cpl! Stephen Shaw MC Way Heywood OL101LR Dear Ms Kearsley, Inquest into the death of Michael Hoolickin Please accept this letter as the response on behalf of Lancashire Constabulary to the Regulation 28 Report to prevent future deaths with specific reference to the information sharing between Lancashire Constabulary and GMP on 10 May 2016. On 10 May 2016 was travelling in a vehicle driven by Hen both men were arrested for drug offences. From research of records in this case and the recollection of the Custody Sergeant who was involved that day ‘a it is clear that following the arrest of and ae: whilst they were in custody, Sergeant [I has promptly made contact with Greater Manchester Police Integrated Offender Management Team to pass detail inly, the arrest fe té‘ This was conducted in response to a ‘marker’ placed on ec, record. It is believed this was endorsed by the GMP IOM team to flag he was an IOM nominal managed by them. What cannot be established due to of time and with any certainty is what, if any, information was exchanged in respect of The lack of certainty as to what information was being shared was an isolated incident and was not demonstrative of any systemic failing(s). We have detailed below how Lancashire Constabulary operates in practice in this area. Lancashire Constabulary works in partnership with the National Probation Service to establish the passage of information concerning prisoners released from custody on licence with conditions to the force via their Force intelligence Department. This was the practice in May 2016 and still occurs now. A new system is being developed (in response to a separate review) and will be adopted whereby a ‘flag’ will be raised on the force’s ‘Connect’ system (a recently introduced intelligence and case management IT system) which indicates to the user (for example Contact Management Staff, Custody Staff, Investigators etc.) researching the specific nominal, that they are on licence in the community. This will include guidance that they must consider referral to A.13 the NPS Offender Manager's office where a potential breach of licence has occurred. This of course will depend upon the specific nature of the police contact with said nominal. In ‘out-of- hours’ cases this will be via the NPS duty ‘Approved Premises’ Manager who will instigate breach proceedings where appropriate. The intention of this measure is to account for missed opportunities, which may arise through officers/staff not routinely checking the “CU” custady page of the nominal’s PNC record, which can be overlooked in some cases of police contact with a nominal on licence. Additionally, (again as part of the separate review referred to above) an exercise will be undertaken to share the list of nominals currently in the community under licence and effectively ‘back-record’ the fact they are on licence with the same flag and guidance as above. Directed messages will be cascaded to reinforce this message. Yours faithfully ME. Detective Chief Inspector Michael Gladwin Lancashire Constabulary Offender Management Lead HQ Crime Public Protection Unit A.14
Ms Joanne Kearsley
Her Majesty’s Senior Coroner
County of Greater Manchester – North District
The Phoenix Centre
L/Cpl Stephen Shaw MC Way
Heywood
OL10 1LR
[by email]
Dear Ms Kearsley,
18 November 2019
Prevent Future Deaths Report for Michael Hoolickin (Deceased)
Thank you for your correspondence of 29 August 2019 in relation to the Inquest into the death of Michael
Hoolickin, along with the Regulation 28 Report to Prevent Future Deaths.
I was not previously aware of this incident, and I am very sorry to learn of the tragic circumstances
surrounding the death of Mr Hoolickin. You will appreciate that I am unable to comment on the specific
facts of this case, but I can address your concerns regarding policing practice more generally. I understand
that you have made contact with the chief constables of Greater Manchester Police and Lancashire
Constabulary, both whom will no doubt wish to respond separately in addressing the issues you have raised
with specific reference to the actions of their respective forces.
It is important to understand the distinct role of the National Police Chiefs’ Council (NPCC). As you know,
each chief constable is ultimately responsible for operational matters within their own force area, which
includes all of those issues referred to within the matters of concern you have raised. Whilst the NPCC seeks
to encourage chief constables to work collaboratively in the national interest (for example, the way in which
forces implement policies or practice), the NPCC does not have the authority to direct a chief constable to
take (or not to take) a specific course of action. That said, we do recognise the need for consistency across
forces whenever possible, which we know can lead to better outcomes for the public. The way the NPCC
National Police Chiefs’ Council (NPCC) 1st Floor, 10 Victoria Street, London SW1H 0NN - 020 3276 3795
A.15
achieves this is by allocating specific areas of national responsibility to different chief officers in various
forces across the country. These chief officers act as the NPCC’s national lead on specific matters of policy
and practice on behalf of their colleagues across all forces.
Your report raises a number of very important matters of concern:
1. Serious Further Offence Reviews
2. Curfew Requirements
3. Police National Computer and Licence Conditions
4.
5.
Integrated Working
Integrated Offender Management Cohort Meetings
In order to provide a useful response to the matters of concern you have raised, it has been necessary for
me to consult with a number of national leads across several portfolios. I am unfortunately not able to
provide you with a full response to all of your concerns today because some of those I have consulted with
are still in the process of considering the matters of concern, and no doubt further consulting with subject
matter experts. However, I hope you are willing to accept this letter in part response to the issues raised.
I have discussed the matters of Integrated working (concern 4) and Integrated Offender Management
(concern 5) with the national lead for this area, Deputy Chief Constable Jon Stratford of Gloucestershire
Constabulary. DCC Stratford advises me that unlike Multi-Agency Public Protection Arrangements
(MAPPA), Integrated Offender Management (IOM) operates on a non-statutory basis. The agencies
involved commit to joint working voluntarily in furtherance of their individual aims and because it is in the
public interest for them to do so. This means that the precise nature of each IOM scheme is very much a
function of the local partnership landscape, circumstances and priorities. The resultant diverse range of
ways of working does not lend itself to strict codification at a national level, however IOM guidance does
exist, and I have attached to this letter two “IOM Key Principles” guidance documents that have been
designed to provide best practice guidance within which local schemes can operate.
The guidance documents attached do specify the need for effective information sharing. For example,
paragraph 1.6 of the 2015 document states that “all necessary Information Sharing Agreements (ISAs),
protocols and processes are in place to ensure swift and appropriate real time sharing of information and
intelligence”. However, the precise ISA and ways of working must be built around the needs and ways of
working of each individual scheme, which is impractical to provide at a national level. The guidance also
describes cohort selection in detail, again emphasising the requirement for this to be tailored to meet local
needs.
2
National Police Chiefs’ Council (NPCC) 1st Floor, 10 Victoria Street, London SW1H 0NN - 020 3276 3795
A.16
Being statutory in nature, MAPPA arrangements will always have primacy over IOM schemes although, as
set out in the Key Principle documentation, IOM working can be useful in complementing the measures
agreed in MAPPA.
I am therefore content that sufficient IOM guidance does exist to support forces alongside the statutory
requirements of MAPPA, but as I described earlier, it is a matter for each chief constable to ensure that
appropriate arrangements are in place within their force. In order to encourage learning from this Inquest,
it is my intention to share your report, this response and the IOM guidance with chief constable colleagues
in all forces across the country, in case there are areas of practice within their own force which they feel
may benefit from review.
I am sorry that at this stage I have been unable to provide you with a response to matters of concern 1, 2
and 3. I assure you these are being carefully considered by subject matter experts, and I will endeavour to
provide a full response to these recommendations in the coming days.
Thank you for providing me with the opportunity to comment on the areas of concern you have identified.
Please do not hesitate to get in touch if you have any further queries about the content of this letter.
Yours Sincerely,
Martin Hewitt QPM
Chair, National Police Chiefs’ Council
3
National Police Chiefs’ Council (NPCC) 1st Floor, 10 Victoria Street, London SW1H 0NN - 020 3276 3795
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