Written evidence submitted by the Minister of State for Policing and the Fire Service, Home Office (FST0033)

 

 

Following his appearance before the Committee on 6 July, my predecessor, Mike Penning MP, offered to write to you on a number of points relating to implementation of the Government’s Forensic Science Strategy. This letter contains the further detail he agreed to provide.

 

A national approach

 

You asked for further information about the Specialist Capability Review. The National Police Chiefs’ Council (NPCC) review of specialist capabilities, supported by the Association of Police and Crime Commissioners (APCC), provides an opportunity to assess whether forces have the right capabilities to respond to threats. The debate on specialist capabilities is driven by the capabilities that policing needs to counter the new and complex threats we face. At the Police Reform Summit (8 December 2015), most Chiefs and PCCs accepted the principle that there are some capabilities that should be delivered at the multi-force or regional level to drive further efficiency.

 

The NPCC has established a Specialist Capabilities Programme to examine the potential for greater force-to-force collaboration. The aim of the work is to provide forces with a sound evidence base to inform decisions on whether forces have the right access to the right capabilities, and whether those capabilities are then organised and held in the most efficient way. This is intended to drive further efficiencies and, crucially, to improve operational effectiveness. Whilst the Government will provide support to the police, I am clear that Chief Constables and PCCs must lead the next stage of reform and act collectively in the interests of what is best for policing as a whole.

 

The Committee asked who had been involved in the scoping work to date. The Specialist Capabilities Board is chaired by NPCC Chair Sara Thornton with membership including Chief Constables and APCC representatives, the Home Office and the National Crime Agency. The scoping work to develop a national approach as set out in the Forensic Science Strategy is part of this programme, led by Chief Constable Debbie Simpson (NPCC lead for Forensics - Dorset). The programme team is made up of police forensic leaders with representation from a number of forces, including both collaborations and single forces, from rural and metropolitan areas, as well as support from the Home Office. As the programme moves into the next phase Police and Crime Commissioners will be more directly involved.

 

A number of engagement events have been held in recent months with senior police officers to ensure a range of views are represented as the proposals develop. The programme team have also consulted stakeholders from across the CJS, including the Forensic Science Regulator, HMCTS, CPS, judiciary and private sector suppliers. This engagement will continue as the work develops.

 

Police forensic leads have been working to develop a strategic proposition to transform police forensics and biometrics, which is still in the early stages. Chief Constable Debbie Simpson and DCC Nick Baker (NPCC lead for Digital Forensics – Staffordshire) presented initial proposals to police chiefs and PCCs on 1 July 2016. They intend to make a bid to the Police Transformation Fund later this year to further build the evidence base, test what works and develop a full business case. This process will allow them to identify the full range of potential financial savings and options for reinvesting this money. Decisions on how to proceed will then be an operational matter for PCCs and Chief Constables.

 

Biometric Strategy

 

The Committee asked for information regarding the publication of the Biometrics Strategy. I can confirm that this is in the final stages of completion and we expect to publish it in due course.

 

The Biometrics Strategy represents an important opportunity for the Home Office to set out how we will develop our use of biometrics between now and 2020, including through the Home Office Biometrics Programme and international sharing. It will also set out how the use of biometrics might develop beyond 2020.

 

We have considered the recommendations made by the Committee in its report on the current and future uses of biometrics. In developing the strategy we have engaged with a broad range of stakeholders from across government, law enforcement and the regulators, including the Biometrics Commissioner and Information Commissioner’s office.

 

The Strategy will primarily consider the three main biometrics currently in use: fingerprints, facial images and DNA. To help ensure public acceptance and confidence, we have placed public trust, legal requirements, regulation and ethical principles at the forefront of the Strategy.

 

Statutory Powers for the Forensic Science Regulator

 

The Committee asked for further information on progress towards placing the role of Forensic Science Regulator on a statutory footing. My predecessor noted during the Committee hearing that consultation would need to take place before proposals on the precise nature of the Regulator’s statutory powers are finalised. This will not involve a repeat of the public consultation carried out in 2013/14, but an informal consultation and engagement process with police forces and private sector suppliers as well as with partners from across the CJS to ensure that the proposals are both sensible and proportionate. I would welcome the opportunity to discuss these proposals with the Committee in the coming months.

 

Accreditation

 

The Committee asked for details of the accreditation status of police forces, including the proportion of police force forensic services that are currently accredited, and the proportion that are expected to be accredited by each of the Regulator’s accreditation deadlines.

 

Since the closure of the National Policing Improvement Agency (NPIA) in 2012, the Home Office Centre for Applied Science and Technology (CAST) has been assisting police forces to obtain accreditation to ISO17025 and to monitor their progress. Agreement was reached that to provide parity in the forensic market-place police forces would also be required to implement the same quality standards as those demanded from commercial providers.

 

Police forces agreed with the Regulator that they would be accredited for DNA recovery by 30 November 2013; and fingerprint enhancement by 30 November 2015. All forces delivering forensic services in these areas have now achieved accreditation to ISO 17025.

 

This means that:

 34 forces & the NCA are accredited for DNA recovery

 36 forces & the NCA are accredited for Fingerprint Enhancement;

 16 forces are accredited in other areas covering footwear, trace evidence, drugs, glass and firearms.

 

Forces have since agreed to achieve accreditation for fingerprint comparison in line with the Regulator’s timetable. All forces delivering this service aim to secure accreditation by the deadline of October 2018.

 

The Digital Forensic Portfolio (led by DCC Nick Baker) has established a national programme to introduce ISO17025 for digital forensics. The Portfolio has built a good relationship with the Regulator, who has hosted two national Digital Forensics Workshops to increase awareness and understanding of what is required.

 

A timetable has been agreed with the Regulator for accreditation of various techniques. However, the precise scope of each method is still being discussed within the digital forensics community, in consultation with the Regulator, to ensure that the approach is proportionate. The following techniques are in scope for accreditation by October 2017.

 

Imaging of conventional hard drives and removable media;

 Screening or recovery of data from a device using an off the shelf tool for factual reporting;

 Extraction and analysis of data from digital media including remote storage; and

 CCTV and audio

 

Both the Regulator and the Courts accept that services may be undertaken without full accreditation provided that they are performed within an acceptable overall quality management system and that the methods are both verified and validated. Forty-one forces had completed validation for imaging of conventional hard drives as a step towards achieving full accreditation, as agreed with the Regulator, by January 2016.

 

The Regulator has set the expectation that all forces will achieve accreditation for crime scene investigation to ISO17020 by 2020. As well as traditional scene examination and recovery techniques, this will include disciplines such as collision investigation, integrated vehicle systems, CCTV recovery and other imaging and 3D photography techniques. We expect all forces to be accredited by this deadline.

 

Marketplace

 

The Committee asked about the changes to procurement arrangements following the expiry of the National Forensic Framework – Next Generation (NFFNG) and requirements for accreditation of suppliers under any new arrangements. The current framework expired on 31st July and will not be replaced. Whilst the framework approach has been successful in providing market stability and robust governance, we need to ensure that the commercial strategy continues to align with the requirements of police forces and market changes.

 

With many forces now considering changes to their operating models, for example, looking at opportunities for collaboration with other forces or for a third party managed service; we identified a need to reassess how forensic services are procured.

 

The Forensic Marketplace Strategy Board chaired by the NPCC Lead for Commercial Forensics DCC James Vaughan, have considered options to continue to achieve value for money, standardisation and aggregation in securing quality forensic services going forward. It is already accepted good practice for commercial forensics activities that suppliers are accredited for each service they provide. This will continue to be a requirement in future for all out-sourced services, including digital forensics.

 

From this month onwards, forces or police regions (collaborations) will procure their own services by running tenders for themselves. To ensure that this is in keeping with the forensic strategy’s overall aim for a national approach, oversight of these commercial activities will be provided by the Forensic Marketplace Strategy Board.

 

In addition, the forensics category also sits within the Collaborative Law Enforcement Procurement (CLEP) programme which is driving forwards greater degrees of national Standardisation, Aggregation of Volumes and Strategic Supplier Management. These combined should lead to a more coordinated national approach, designed and run by policing and will ensure that police forces are able to clearly communicate their requirements and direction to the private sector and help to maintain a stable marketplace.

 

Forensic Policy Group

 

The Forensic Policy Group has an important role to play in considering issues from across the forensic science landscape, including the implementation of the Forensic Strategy.

 

Since publishing the Strategy earlier this year and in line with our previous commitment to the Committee, we have reviewed and expanded the membership of the Forensic Policy Group. This will ensure that all stakeholder views are represented and a wide range of issues can be considered. This reconstituted group met on 6 June, the minutes will be published online shortly. We plan to hold the next meeting of the Group before Christmas.

 

I hope that this letter addresses the concerns of the Committee and I look forward to working with you in future.

 

 

September 2016