MAPPA: Summery of National Guidance

1. Introduction

The MAPPA (Multi-Agency Public Protection Arrangements) is a national framework to assess and manage the risk posed by serious and violent offenders. The MAPPA cannot address the risks posed by all potential perpetrators of abuse, its focus is convicted violent and sexual offenders living in, or returning to the community.

The Police, the Prison Service and probation service providers ('the Responsible Authority') have statutory responsibilities under Sections 325 – 327B Criminal Justice Act 2003 to establish in consultation with partner agencies, 'Multi-Agency Public Protection Arrangements' (MAPPA).

Section 325 requires the Responsible Authority to:

• Establish arrangements for the assessment and management of risks posed by relevant sexual and violent offenders and other persons who, by reasons of offences committed by them are considered to be persons who may cause serious harm to the public;
• Monitor and review the arrangements made and make any necessary or expedient changes;
• Publish an annual report.

Other bodies have a duty to co-operate with the Responsible Authority in this task. These duty to co-operate agencies ('DTC agencies') will need to work with the Responsible Authority on particular aspects of an offender's life (e.g. education, employment, housing, social care).

Section 325(4A)(c) also states that any other person the Responsible Authority considers could contribute to the achievement of the purpose of MAPPA may also share information with the named partners, essentially extending the “Duty to Cooperate” to anyone needed on a case-by-case basis.

The Duty to Cooperate established under s.325 expressly permits the sharing of information between partner agencies, and ss. 4B(a) and (b) state that any such information sharing does not breach any obligation of confidence owed by the person making the disclosure or any other restriction on the disclosure of information (however imposed).

The Strategic Management Board (SMB) is the means by which the Responsible Authority fulfils its duties to keep the MAPPA arrangements under review with a view to monitoring their effectiveness and making any changes to them that appear necessary or expedient. The SMB is therefore responsible for managing MAPPA activity in its area. This will include reviewing its operations for quality and effectiveness and planning how to accommodate any changes as a result of legislative changes, national guidance or wider criminal justice changes. The SMB are responsible for the implementation of the MAPPA Guidance in their area, in line with local initiatives and priorities.

2. Criteria for Referral into MAPPA

Every MAPPA offender must be identified in one of the four categories outlined below:

• Category 1 - Registered sexual offenders as specified under Sexual Offences Act 2003, Part 2: Notification and Orders (on the Sexual Offenders' Register);
• Category 2 - Violent offenders and other sexual offenders who are not required to register:
  • An offender convicted (or found not guilty by reason of insanity or to be unfit to stand trial and to have done the act charged) of murder or an offence specified under Schedule 15 of the Criminal Justice Act 2003 (CJA 2003) who received a sentence of 12 months or more or a hospital order;
  • An offender barred from working with children under the DBS Vetting and Barring Scheme (or subject to a Disqualification Order for an offence listed under Schedule 4 of the Criminal Justice and Court Services Act 2000, which preceded this Scheme).
• Category 3 - Other dangerous offenders: a person who has been cautioned, reprimanded, warned or convicted of an offence which indicates that they are capable of causing serious harm and which requires multi-agency management at Level 2 or 3 (This might not be for an offence under Sch.15 of the CJA 2003 – see above);
• Category 4 – Terrorist or terrorist risk offender:
  • They are required to comply with the notification requirements set out in Part 4 of the Counter-Terrorism Act 2008 (CTA 2008) (aged 16 or over and have been convicted (or found to be under a disability and to have done the act charged or found not guilty by reason of insanity) of an offence under s.41 or s.42 CTA 2008 and who receive a qualifying sentence of 12 months or more, a hospital order or a guardianship order);
  • They have been convicted of a relevant terrorist offence and received a qualifying sentence of 12 months or more or disposal for that offence;
  • They have been found to be under a disability and to have done the act charged/found not guilty by reason of insanity of a relevant terrorist offence with a maximum sentence of more than 12 months and received a hospital order (with or without restrictions) or guardianship order under MHA 1983 for that offence; or
  • o They have committed an offence and may be at risk of involvement in terrorism-related activity (discretionary Category 4) – they have either a conviction for any offence (current or historic, within the UK or abroad); or received a formal caution (adult or young person) or reprimand/warning (young person) for any offence; or been found not guilty of any offence by reason of insanity; or been found to be under a disability (unfit to stand trial) and to have done any act charged against the and the Responsible Authority believes that they may be or become involved in terrorism-related activity. This risk does not have to relate to the offence for which they received the disposal. The offence can be any offence. It does not have to be related to terrorism and may have been committed abroad.

Offenders entering MAPPA as new cases will be:

• Offenders who receive one of the relevant sentences as set out above;
• Offenders already subject to MAPPA elsewhere who transfer into the area;
• Relevant offenders arriving in England and Wales from overseas;
• Persons who may be referred into the arrangements at any time by one of the local agencies or by the public;
• Persons referred into the arrangements under mental health legislation.

All MAPPA offenders must be managed by an identified MAPPA Lead Agency.

3. Criteria for Referral out of MAPPA

The period an offender remains a MAPPA offender varies significantly. Some will be MAPPA offenders for life and some for less than 6 months. The period will be dependent upon the offence committed and the sentence imposed.

Offenders will cease to be MAPPA offenders in the following circumstances:

Category 1 offenders – (Registered Sexual Offenders) - when their period of notification expires. In the most serious cases, offenders will be subject to lifetime notification requirements.

Category 2 offenders – violent and other sexual offenders – when the licence expires, the offender is absolutely discharged from the hospital order or guardianship order, or when the Community Treatment Order expires. An offender on licence for a consecutive or concurrent sentence will remain subject to MAPPA until the whole sentence has expired. An offender does not remain automatically subject to MAPPA as a result of Post Sentence Supervision.

Category 3 offenders – other dangerous offenders – when a level 2 or 3 MAPP meeting decides that the risk of harm has reduced sufficiently or the case no longer requires active multi-agency management.

Category 4 offenders - for offenders subject to notification requirements, when the period of registration expires; for offenders at risk of involvement in terrorism related activity, when they no longer require multi-agency management; for other Category 4 offenders, when the licence expires, the offender is absolutely discharged from the hospital or guardianship order or when the Community Treatment Order expires. An offender on licence for a consecutive or concurrent sentence will remain subject to MAPPA until the whole sentence has expired. An offender does not remain automatically subject to MAPPA as a result of Post Sentence Supervision.

All Category 1, 2 and 4 offenders managed at MAPPA levels 2 or 3 who are coming to the end of their notification requirements or period of licence must be reviewed and should be considered for registration as a Category 3 offender or discretionary Category 4 offender. However, registration as a Category 3 or discretionary Category 4 offender should only occur if they meet the criteria and continue to require active multi-agency management.

All except Category 2 level 1 offenders will have an active ViSOR record. When they cease to be MAPPA offenders, the record will be archived. The record will remain in ViSOR until the offender's 100th birthday. At this point, the case will be reviewed with the expectation that the record will be deleted.

4. Assessment of the Risk of Serious Harm

All MAPPA offenders must be assessed using the approved risk assessment tools where appropriate. Risk assessment must draw on the widest information available from all agencies involved.

For example, the National Offender Management Service (NOMS) assess risk of harm using the Offender Assessment System (OASys). The Youth Justice Board use ASSET for under eighteen year olds. The following describe each level of risk.

• Low: current evidence does not indicate a likelihood of causing serious harm;
• Medium: there are identifiable indicators of serious harm. The offender has the potential to cause harm but is unlikely to do so unless there is a change in circumstances, e.g. failure to take medication, loss of accommodation, relationship breakdown, drug or alcohol misuse;
• High: there are identifiable indicators of risk of serious harm. The potential event could happen at any time and the impact would be serious;
• Very high: there is an imminent risk of serious harm. The potential event is more likely than not to happen imminently and the impact would be serious.

Risk is categorised by reference to who may be the subject of that harm. This includes children who may be vulnerable to harm of various kinds, including violent or sexual behaviour, emotional harm or neglect. In this context, MAPPA will work closely with the SCSP to ensure the best, local joint arrangements can be made for any individual child being considered by either setting.

5. Risk Management

5.1 Levels of Management

MAPPA offenders are managed at one of three levels according to the extent of agency involvement needed and the number of different agencies involved.

The three levels of MAPPA management are:

• Level 1: ordinary agency management/multi-agency support;
• Level 2: active multi-agency management; and
• Level 3: active enhanced multi-agency management.

The great majority are managed at level 1 (ordinary agency management). This involves the sharing of information but does not require multi-agency meetings. The others are managed at level 2 if an active multi-agency approach is required (MAPP meetings), and at level 3 if senior representatives of the relevant agencies with the authority to commit resources are also needed.

5.1.1 Level 1: Ordinary Agency Management

Ordinary agency management Level 1 is where the risks posed by the offender can be managed by the lead agency in co-operation with other agencies but without the need for formal multi agency meetings. Responsible Authority and Duty to Co-operate agencies have a statutory obligation to engage with MAPPA at all levels, including Level 1, and will be involved in the management of the offender as necessary. Offenders will only be managed at Level 1 where the lead agency is confident that their Risk Management Plan (RMP) is sufficiently robust to manage the identified risks, the circumstances of the case do not require the formal multi agency oversight offered by level 2 or 3 meetings and there are no barriers to the implementation of agreed multi-agency actions.

It is essential that information-sharing takes place, disclosure is considered, and there are discussions between agencies as necessary.

5.1.2 Level 2: Active Multi-Agency Management

Cases should be managed at level 2 where

• Formal multi-agency meetings would add value to the lead agency's management of the risk of serious harm posed;
  
  and one, or more, of the following applies:
• The offender is assessed as posing a high or very high risk of serious harm;
• Exceptionally, the risk level is lower but the case requires the active involvement and co-ordination of interventions from other agencies to manage the presenting risks of serious harm;
• The case requires oversight at a more senior level;
• The case has been previously managed at level 3 but no longer requires level 3 management.

5.1.3 Level 3: Active Enhanced Multi-Agency Management

Level 3 management is for cases that meet at least one of the following criteria:

• Meet the criteria for Level 2 and require senior representation and oversight by the Responsible Authority and Duty-to-Co-operate agencies to commit significant resources at short notice;
• Meet the criteria for Level 2 and require senior representation and oversight in order to maintain public confidence in the criminal justice system. This may be due to high levels of current national media scrutiny or public interest in the management of the case as a result of the nature of the offence or the identity of the offender or victim;
• Have a national security dimension and require senior oversight by Counter-Terrorism Police (CTP) or the Probation Service National Security Division (NSD). Cases will be identified in line with lead agency case allocation polices relating to CTP and NSD. Discretionary Category 4 offenders, like Category 3 offenders, must be managed at Level 2 or 3;
• Involve high risk offenders involved in serious organised crime.

Offenders may be sentenced for offences that fall into more than one category but for the purposes of MAPPA they will only be identified under one of Category at any one time.

Those who meet the criteria for Category 1 or Category 4 will be identified under that Category even if they also meet the criteria for Category 2. Offenders who meet the criteria for Category 1 and Category 4 will be identified as Category 4. Offenders will only be identified under Category 3 if they do not meet the criteria for another category. This is to avoid confusion in administering the arrangements.

Offenders who cease to meet the criteria for one category can be identified under a different category if they meet the relevant criteria. For example an offender released on licence for a violent offence near the end of the notification period for a previous sexual offence would move from Category 1 to Category 2 at the expiry of their notification period. Offenders in any other category can be identified under Category 3 at the point their eligibility under Category 1, 2 or 4 ends.

5.2 Risk Management Plan

All MAPPA offenders must have an effective Risk Management Plan ('RMP'). All MAPP meetings at Levels 2 and 3 must outline a risk assessment summary to inform the Risk Management Plan.

Level 1 MAPPA offenders must have an RMP completed by the lead agency to its own required standards. Information from DTC or any other agencies involved and other Responsible Authority agencies should inform the RMP.

Every Level 2 or 3 MAPPA offender must have a MAPPA RMP. The MAPPA risk assessment will identify all areas of risk of serious harm and the MAPPA RMP will set out all the single and multi-agency actions agreed at the MAPPA meeting to manage those risks. There should be only one risk management plan. The risk management plan is that of the lead agency. When a MAPPA meeting takes place the meeting will devise the risk management plan with the lead agency. The lead agency when recording the risk management plan on its own systems will reflect the RMP agreed by the MAPPA meeting. There may be cases where some elements of the RMP will not be recorded on the lead agency system, e.g. details of victim safety planning or sensitive police information or tactics. Where a decision is taken for there to be a difference between the recording of the plan this should be clearly stated in the MAPPA minutes.

The MAPPA Chair should summarise the issues and agree the required level of management.

5.3 Multi-Agency Public Protection Meetings

The purpose of Level 2 and Level 3 Multi-Agency Public Protection meetings is to provide a forum for sharing information and intelligence to support multi-agency risk assessments, and formulate effective Risk Management Plans ( RMPs), ensuring action is taken to manage the risk of serious harm posed by the offender. These meetings enable the provision of authority, resources and skills that may be unavailable at Level 1.

An effective level 2 or level 3 meeting requires representatives from agencies to be able to make decisions which commit their agencies' resources. Therefore, at level 2 and level 3 MAPP meetings, all agencies must either be represented by the SMB-agreed level of personnel, or have delegated their authority to a representative.

6. Potentially Dangerous Persons (PDP)

A PDP is a person who is not currently managed  under one of the three MAPPA categories, but whose behaviour gives reasonable grounds for believing that there is a present likelihood of them committing an offence or offences that will cause serious harm.

Examples of PDPs include:

• A person charged with domestic abuse offences on a number of occasions against different partners but never convicted of offences that would make them a MAPPA-eligible offender;
• An individual who is continually investigated for allegations of child sexual abuse but is never charged or never receives a civil order, but whom agencies still believe poses a serious risk of sexual harm to children;
• A terrorist suspected but not convicted of an offence;
• Where a community psychiatric nurse (CPN) shares information with the police that a patient with mental ill health has disclosed fantasies about committing serious violent offences. The patient is not cooperating with the current treatment plan, and the CPN believes serious violent behaviour is imminent;
• A person who has committed offences abroad that had they been committed here would result in the offender being managed under MAPPA.

These types of individuals could still benefit from active risk management but would not be managed under MAPPA. This management would usually involve two or more agencies, although there may be cases where only the police are involved. There must be a present likelihood of the subject causing serious harm in order for their case to be managed.

See College of Policing  Introduction to Managing Sexual Offenders and Violent Offenders.