{Disestablished Committee} - Social Strategy Overview and Scrutiny Committee

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Present:

• Councillor Karney - In the Chair 
• Councillors Cooley, Cowan, Evans, Hitchen, Isherwood, N. Murphy, Barbara O'Neil, Royle, Watson and Whitmore 

Also Present:

• Councillor Curley, Executive Member for Adult Services 
• Councillor Battle, Deputy Leader 
• Councillor E. Newman, Executive Member for Housing 

SS/07/6 Minutes

Decision

To approve the minutes of the meeting held on 10 January 2007 as a correct record.

SS/07/7 Criminal Justice - effectiveness and partnership working

The Committee received a presentation by representatives of the Probation Service on the application of criminal justice through the courts and by magistrates and the role that the Probation Service played as a key partner in the process of implementing non-custodial penalties. The presentation focused on the methodology of sentencing, the options available to both judges and magistrates in terms of custodial and non-custodial penalties, and the changes introduced by the Criminal Justice Act 2003 specifically in terms of the requirement placed on those responsible for sentencing to describe the purpose that each sentence is intended to serve. In general terms it was expected that custodial sentences should reflect those crimes where the protection of communities was a paramount consideration, with community orders involving reparations, reference to accredited drug and alcohol treatment regimes, curfews/tagging and community work, constituting the remaining arsenal of non-custodial sanctions available to the courts.

During the presentation the Committee was made aware of difficulties experienced in recruiting Manchester residents to serve on the Magistrates Bench. Members considered that the direct contact and involvement of local people in the judicial process was an important element of the principle of 'trial by peers' and the revelation that only 22 out of a Bench of 400 magistrates were currently Manchester residents was one that should be a significant concern to the Council. Exploring the reasons why more local people were not coming forward, lack of information about what magistrates did and what qualities were looked for in candidates were cited as possible factors, together with the time commitment involved and the possible reluctance of some employers to allow facility time for court service. Of wider concern was that many people felt distanced and detached from judicial processes over which they felt powerless to exert influence, officers indicated however that considerable scope existed for the empowerment of communities in terms of shaping reparation orders to ensure that there was a strong and tailored community benefit as an outcome. Members asked the Council's officers to consider what could be done to improve the recruitment of Manchester people as magistrates, including the need for capacity building and publicity. The Deputy Chief Executive indicated that he felt that it was important that the Council looked at means of achieving a closer dialogue with the Courts on sentencing guidelines and pressures as a means of filling the present void between the Manchester Bench and the communities of Manchester.

Reference was also made to the limitations that the Criminal Justice Act 2003 placed on custodial sentencing by Magistrates, officers clarified that the Probation Service offered guidance to magistrates on each case about the type of sentence that they might consider appropriate as a means of making the process more effective, but stressed that the final decision rested with the magistrates themselves

Referring to non-custodial orders involving attendance on an accredited drug or alcohol treatment programme, a member asked what happened in the event of failure to attend or complete the programme. Clarification was given that whilst not all treatment regimes were residential, if attendance was made a requirement of an order, non-attendance would represent a breach of conditions which would be actioned by the Probation Service. Members cited the effectiveness of responding to breaches of anti-social behaviour orders (ASBO) and other non-custodial orders as a key factor in securing and maintaining public confidence in their usefulness. The officers of the Probation Service accepted that the management and supervision of all such orders required close cooperation between a number of agencies, but specifically the Youth Offending Teams where there was already considerable joint cooperation in 'policing' compliance with the terms of ASBOs and initiating prompt action in response to breaches. A member cited a case involving multiple breaches of an ASBO where a strong case had been presented to the magistrates but where no effective outcome had been achieved. The Executive Member for Housing indicated that the burden of proof in relation to ASBOs was the same as in a criminal case and he presented statistical information showing that one in six ASBOs were subject to breaches, but, whilst there was a higher number of breaches involving juveniles, they were often at a lower level of seriousness that those involved with older people. He believed that there was public confidence in the effectiveness of ASBOs by virtue of the clear commitment by the Council and partners to make them effective.

The Chair drew attention to the behaviour of individual judges and occasional irrational sentencing decisions as a major factor in influencing public confidence in the fairness and effectiveness of the judicial process. He cited a recent case in which a judge had imposed a non-custodial sentence on a paedophile in response to a reminder being given to judges about existing Home Office guidelines on sentencing, as a prime example of 'political sentencing'. The Deputy Chief Executive suggested that the media focus on the judicial process was exclusively geared to what goes wrong and not the good and positive outcomes that were being consistently achieved, and the absence of a strategic approach to communications within the Court Service meant that these positive outcomes went unreported.

The Deputy Leader of the Council believed that there was a good track record of effective partnerships in tackling crime in the city, but he accepted that the criminal justice system remained detached from communities and welcomed the suggestions from members about the need for more structured communication, with the Council providing the necessary bridge between the judicial process and the community that it serves.

Decision

1. To thank the representatives of the Probation Service for their contribution to opening up an interesting discussion that has focused Members' thinking on next steps to create an effective dialogue with the judicial system in which the Council will be the key driver in securing the necessary interaction to ensure that communities have a more effective voice in shaping new approaches to sentencing guidelines and responding to pressures within the judicial process, and also as a means of filling the present void between the Manchester Bench and the communities of Manchester.

2. To request the Council's officers to consider what can be done to improve the recruitment of Manchester people as magistrates, including the need for capacity building and publicity.

3. To register disapproval and dismay regarding the recent action by a judge in using the law as a political tool in a way that has put a local community at risk, and to authorise the Chair and the Deputy Leader of the Council to collaborate on a joint representation to the Lord Chancellor to express the Council's concerns that such actions serve only to further undermine public confidence in the due process of law.

SS/07/8 Domestic violence

The Committee received a progress report from the Director of Adult Social Care about the impending launch of the Council's Domestic Abuse Strategy, the principles of which had already been considered and endorsed at a previous meeting (Minute SS/06/42) She reported the significant breakthrough in the agreement to set up a separate Domestic Violence Court to accelerate the hearing of cases and reduce the opportunity for the intimidation of victims. The establishment of Domestic Violence Advisors was also considered crucial in terms of giving vital support and encouragement to victims, but she considered that it was also important that employers better recognised the needs of employees of either sex who were the victims of domestic abuse.

The Executive Member for Health and Social Care focused on the impacts of domestic violence on the extended family and of the important work already done to create safe havens in the home such that children were not disrupted from school and that formal and informal support mechanisms available to victims were maintained.

Members welcomed this issue being given the high profile that it merited within the work of the Council, but emphasised the need for good and effective publicity targeted at different audiences and reflecting the multi-cultural opposition to domestic abuse, to ensure that victims know what support is available to them from the Council, the police and other partners. Specifically, members considered that there should be specific targeting of publicity aimed at those cultures in which the subversion of women was endemic, and to challenge all practices that demeaned women. Reference was also made to the need to be able to respond appropriately to violence and abuse within same sex relationships.

Decision

To thank all those who have been involved in bring this important piece of work to a conclusion; to welcome the impending launch of the Strategy and the arrangements for publicity, and to ask the officers to consider the specific issues raised above about the need for targeted and tailored approaches that address the needs of different audiences.

SS/07/9 Mobile phone bills

The Committee considered a case history involving a minor who had run up a bill of over £900 in two weeks on a mobile phone contract, and of the response by the operating company.

Decision

To express concern that many parents will experience similar problems post-Christmas; to acknowledge that the operating company have agreed to waive half of the bill but to challenge the general responsibility of phone companies in relation to the use of contract mobile phones by minors, and to request the Chair to write to the Chairman and directors of the operating company concerned citing the circumstances of this case as an example of the need for social responsibility as a priority over commercial interest.