CPS Board meeting minutes - July 2023

27 July 2023, 14:00-16:30, CPS Boardroom/Microsoft Teams

Members

Monica Burch (C), Max Hill KC, Dawn Brodrick, Dr Subo Shanmuganathan, Simon Jeffreys, Steve Buckingham

Guests

Baljit Ubhey (attending items 4, 5, 6), Alex Scott (attending items 4, 5), Scott Dawes (attending item 4), Rose Cowley (attending item 5), Joan Donnelly (attending item 6), Matthew Cain (attending item 7), Moira Quick (attending item 7), Heidi Stonecliffe, Doug Wilson (AGO)

Secretariat

Max Looker, Naomi Clarke

Apologies

Kathryn Stone, Greg McGill

Item 1: Declaration of any conflicts

1.1    Board members had no new conflicts of interest to declare.  

1.2    Apologies were noted from Kathryn Stone and Greg McGill.

Item 2: Minutes of the last meeting and matters arising

2.1    The Chair welcomed Doug Wilson, Director General of AGO, to the meeting who was attending in accordance with the December 2020 Framework Agreement.

2.2    The Board reviewed and agreed the June minutes.

2.3     The Board noted that the Jan 2 action remains ongoing, and that all other actions were in hand.

Item 3: Update from DPP

3.1    The DPP provided an update on:

a.    Press narrative:

• Recent high-profile acquittals have created a critical press narrative.
• A stronger organisational response may be required to clarify the difference between an acquittal and an incorrect prosecution.
• However, there have been recent positive outcomes.

b.    Performance:

• Caseload numbers remain high with insufficient levels of cases being cleared in both the Magistrates' (1.2) and Crown Court (1.9).
• There remains a concern over the quality of police charging decisions with reviews ongoing.

c.    Strategic Partnerships.

d.    Transitions – DPP priorities in the next 100 days:

• A smooth senior leadership transition in November.
• Prioritising current programmes including the NOM on Rape, the Victim’s Bill progression, and the Charging model.
• The NOM will allow closing of HMCPSI recommendations.
• Recruitment and retention of staff.
• Preparing for the next spending review.
• Discussions on the strategic plan – CPS 2030
• Upcoming DPP speaking engagements:
  • Justice Human Rights Conference – 6th October
  • Howard League – 12th October
  • International Association of Prosecutors Conference – 25th September
  • Bar Council – 9th September
  • RUSI – 28th September

e.    Senior Leadership Conference.

3.2    The Board queried the caseload impact on staff. Heidi noted that the advocacy team is facing a volume pressure due to bar shortfalls and judiciary pressure. It was confirmed that the organisational pressure is being addressed collectively with a growing workforce (7%) and digital efficiency measures. However, in the short-term the central prosecution team has been deployed to address resourcing pressure.

3.3    The Board noted that they are happy to engage as needed from a corporate perspective and suggested a SLC session on ‘What the Board does’.

Item 4: CPS Business Plan Reporting

4.1    The Board welcomed Baljit Ubhey, Alex Scott and Scott Dawes to the meeting. They provided an update on the quarterly business plan report, focusing on the following key points:

• The holistic approach provides a more comprehensive insight into ongoing projects.
• Timeline accuracy has been an area of focus to avoid re-baselining.
• The report will provide a project overview to Board and EG and identify areas for further scrutiny.
• The review highlights a generally positive delivery outlook, with no deep dive recommendations suggested.
• Third party delays have been flagged as a general potential risk to delivery. And, in response to EG feedback, additional monitoring will be carried out on project dependency on third parties.
• Current delays are being caused by legacy issues with the Bar, high caseloads, and resourcing.

4.2    The Board commended the overview and queried the current delays (47%), the effectiveness of initial planning and the purpose of the review. Scott confirmed that the detail provided through additional engagement and reflection has provided the most accurate picture to date and that this will be incorporated into future planning. Baljit noted that the quarterly reports will both inform and support the change portfolio work, aiding future project work and identifying deep dives to address problems and potential resourcing gaps.

4.3    The Board also asked about the measures of success behind the report and Alex and Scott confirmed that benefits will be captured going forward to ensure the achievement of objectives and outcomes. It was noted that further assurance could be incorporated by increasing engagement on change controls.

4.4    Heidi noted that the feedback from the Shadow Board had been positive, with the overview providing clarity to previous project failures and problems.

Item 5: CPS Transitions

5.1    The Board welcomed Rose Cowley to the meeting. Alex Scott and Rose provided an update on the following key points:

• The purpose of the programme is to help the organisation navigate the interdependent transitions that will be taking place in the next 12 months.
• It will provide an overview of opportunities to capitalise on and of potential risks for mitigation.
• Consultations and engagement with external partners is ongoing.

5.2    Board members commended the clarity of the engagement plan and assurance provided by the transitions programme. The Board commented that their assurance and oversight role would need to be on an ongoing basis and would extend beyond the engagement dates set out.

5.3    The Board queried the role of Strategy & Policy as a Project management office overseeing future transitions. Alex confirmed that individual working groups and SROs will be set up for the each, however that Strategy will be coordinating these projects.

5.4    Heidi noted that the Shadow Board had queried how the transition plan and changes would be communicated internally, accounting for the staff survey feedback. It was suggested that the presentation be condensed into an infographic for the intranet. The team noted that discussions and engagement with the communications team is ongoing.

Item 6: Disproportionality Update

6.1    The Board welcomed Joan Donnelly to the meeting. Baljit Ubhey and Joan provided an update on the Disproportionality research and Joint enterprise work, with the key points including:

• In response to the Disproportionality research the following areas have been taken forward:
  • The research work programme has been agreed;
  • An advisory group has been set up to quality assure the work and provide public scrutiny;
• Additional gap analysis has been carried out to identify the source of disproportionality, with these findings now being considered by the advisory group.
• Action plans based on findings being developed alongside the Policy team.
• Interviews are currently being held within CPS areas to assess the suitability of ED&I training available. This is due to conclude in September.

6.2    Board members commended the progress on the work. The Board queried whether there is scope to consider intersectionality data and the alignment of the ED & I training across areas. Joan confirmed that no correlation with socioeconomic status was identified and, noted that training differences and best practice is currently being assessed across areas.

6.3    The Board recommended that the careful planning internally and externally explaining the research and its results is continued for the next stages of the research and joint enterprise work.

6.4    The Board suggested that the findings and engagement strategies are presented to Board in advance of publication.

6.5    Heidi noted that the communication on the disproportionality work had been positively received by staff, but that continuous communication and engagement with staff networks will be required.

Item 7: Future Casework Strategy

7.1    The Board welcomed Matthew Cain and Moira Quick to the meeting.  Matthew provided an overview of the Future casework strategy, highlighting the following key considerations:

• We have adopted an agile replacement approach with Release 1 currently live.
• Tools in development include a work management and off system case solution.
• This year Polaris and structured MG3s have been delivered.
• The benefits of automation are now being realised.

7.2    Heidi queried whether there has been any collaboration between DID and DLS in incorporating case strategy into CMS. Moira confirmed there is ongoing engagement with the Case strategy project. Shadow Board also suggested that future changes should be communicated to staff to boost morale.

7.3    The Board suggested that a further overview is provided on where the strategy sits in the bigger picture, including the associated timeframe, risks, usability, controls, and oversight.

Item 8: Annual Committee Reports and Updates

8.1    Simon Jeffreys, Chair of the ARAC, and the Chair confirmed that there were no additional comments to be made to either report.

Item 9: AOB

9.1    Steve confirmed that the annual report was laid at Parliament on the 13th of July and a review on lessons learnt and planning for next years report will begin shortly. The plan will be presented at the October ARAC.

9.2    Heidi provided an update on the Shadow Board expression, key points including:

• Louise Gray has been chosen as the new Shadow Board Chair and will take up the role in October.
• An expression of interest for the role of Vice-Chair has been circulated to current members.
• Nicol Harlow will be providing an update to the September Board in place of Heidi.

9.3    The Chair thanked Heidi on behalf of the Board for her contributions during her tenure as Chair of the Shadow Board.

Meeting closed.

Secretariat – Max Looker & Naomi Clarke

July 2023