CPS Board meeting minutes - September 2023

15 September 2023, 14:00-17:00, CPS Boardroom/Microsoft Teams

Members

Monica Burch (C), Max Hill KC, Simon Jeffreys, Steve Buckingham, Kathryn Stone, Greg McGill

Guests

Tristan Bradshaw (attending items 4), Baljit Ubhey (attending items 5), Alex Scott (attending items 5), Sophie Cook (attending item 6), Helen Starkey (attending item 6, 7), Patrick Vernon (attending item 7), Lynette Woodrow (attending item 8)

Secretariat

Max Looker, Naomi Clarke

Apologies

Dawn Brodrick, Dr Subo Shanmuganathan

Item 1: Declaration of any conflicts

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

1.2    Greg noted that an item on the Post Office would be discussed and Simon noted his connection with the Post Office and agreed to recuse himself from this part of the discussion.

1.3    Apologies were noted from Subo Shanmuganathan and Dawn Brodrick.

Item 2: Minutes of the last meeting and matters arising

2.1    The Board reviewed the minutes and requested that an amendment is made to clarify that Polaris and structured MG3s are currently being piloted.

2.2     The Board noted the following updates to action:

• Actions to be extended until November Board - Jan 2, May 6, May 4, May 3, June 5, July 4, July 2
• Actions to be closed – Nov 5, March 3, June 6, June 4, June 3

Item 3: Update from the Lead Directors

3.1    Greg provided an update on:

a.    Financial position:

• The September EG will include a discussion on prioritisation and spending reductions, with an update to be provided to the November Board.

b.    CMS outages:

• Recent outages are impacting the CPS’ charging responsibilities and resulting in increased backlogs.
• The September EG will include a discussion on the systems strategy and common platform.

c.    Inspectorate recommendations:

• CPS are down to 8 live recommendations, with the oldest relating to Victims and Witnesses.
• A culture of public interface needs to be developed through recruitment and skills development to support the Victim work.
• The October EG will include a discussion on the risk to victims and witnesses programme.

d.    CPSD:

• Discussions are ongoing with NPCC as to police charging priorities.

e.    High-profile future prosecutions

f.    Deferred Prosecution agreements

g.    Proceeds of Crime:

• Progress is being made in terms of civil recovery without prosecution.
• CPS retain a percentage of the recovery.
• Despite the recovery opportunity there is a risk of non-recovery and adverse cost consequences.

h.    Post Office/Horizon

3.2    The Board queried the support that could be provided to the Victims and Witnesses programme, including the adoption of a Board champion to support a cultural shift.

3.3    The Board queried the estate RAAC concrete risk, Steve confirmed that assurance is being taken from GPA and FCDO with an update to be provided in the coming weeks.

3.4    The Board requested that a cost benefit analysis discussion in relation to civil recovery be discussed at ARAC to ensure suitable consideration.

Item 4: Q1 Performance Update

4.1    The Board welcomed Tristan Bradshaw to the meeting who provided an update on the Q1 performance update, focusing on the following key points:

a.    The Performance Governance structure includes:

• Area APRs are carried out covering performance and casework.
• The Operational Performance Delivery Board identifies APR themes and best practices.
• Outcomes from the Board are then fed into the FPRG, LGG and the Operational Recovery and Improvement Board.

b.    The following operational performance risks have been identified:

• The delivery of the CPSD Charging programme, is currently being addressed by organisational change.
• Issues with Police force readiness to deliver the Charging programme in line with agreed timescales.
• The volume risk following an increase in case submissions.
• The MC and CC volumes continue to increase in the North West, East of England and East Midlands, with staff redeployment necessary to address.
• The financial impact of additional resourcing and increasing prosecution costs.

4.2    The Board commended the presentation and queried the effectiveness of circulating good practice to areas. Tristan noted that more work needs to be done to focus on Operational leadership and expectations to ensure consistency and to improve digital oversight.

4.3    The Board queried whether the CPS had a trajectory and vision for dealing with the backlog and what more could be done to support this. Tristan confirmed that KPIs and benchmarking will provide targets across areas and drive productivity improvements.

4.4    The Board requested that further detail on progress, recruitment and the dependencies be provided. The DPP noted the limitations of performance resulting from CJS co-dependency.

4.5    The DPP highlighted key performance achievements, including the high percentage of legal decisions resulting in a charge across all crime and adult rape cases.

4.6    The Shadow Board noted the necessity to manage victims’ expectations around delayed cases.

Item 5: Spending Review

5.1    The Board welcomed Baljit Ubhey and Alex Scott to the meeting who provided an update on the following key points:

• Best practice engagement is ongoing with a focus on expert capability to inform planning.
• Benefit and Valuation specialists have been recruited to plan for the review and to upskill and build organisational capability.
• Conversations across CJS are taking place to ensure alignment.
• Multiple timelines have been prepared to account for different scenarios and uncertainties.

5.2    The Board commended the clarity of the presentation and planning and requested a further update to Board before final sign-off.

Item 6: Speak Out Champion Update

6.1    The Board welcomed Sophie Cook and Helen Starkey to the meeting who provided an update on the role of the Speak Out Champion in the past year, with key points including:

• The role has focused on campaigning for an open and supportive culture within the organisation.
• Staff conversations have mirrored the issues identified under the People Survey.
• Reports of bullying and harassment have largely stemmed from breakdowns in the line manager relationship.
• There is an overall need for staff to feel heard to enable them to find resolutions.
• Themes from staff conversations have been fed back to inform management training and support.

6.2    The Shadow Board commented on the positive impact that Sophie has had on the business.

6.3    The DPP highlighted the risk of miscommunication in supporting the needs of staff and noted that there was a need to promote a culture of openness and sharing amongst staff.

6.4    The Board queried how the findings could be communicated across the organisation. The need to improve leadership and management skills is being reviewed in line with the future skills agenda and subject to approval this can be communicated to staff.

6.5    The Board thanked Sophie for her engagement with staff and resolution of 80% of cases. The Board agreed to adopt the recommendations made in the paper.

Item 7: E&I Advisor Update

7.1    The Board welcomed Patrick Vernon to the meeting. Patrick provided an update on projects undertaken in the past year, with key points including:

a.    The staff network governance review has recommended that:

• The faith networks work more collaboratively;
• Networks are re-launched as associations;
• Networks are supported in engaging new members, empowering ambassadors, and champions.

b.    As the nominated whistleblowing officer, enquiries have been raised in relation to the whistleblowing process.

c.    There is an appetite around equality and diversity work, with future work including:

• Developing recommendations following the staff survey feedback on the glass ceiling.
• Improving disability awareness and reasonable adjustments.
• Providing consistent equality and diversity approach across the organisation.

7.2    The DPP queried the impact of hybrid working on staff network interactivity and noted his support for developing network engagement.

7.3    The Board thanked Patrick for his work and agreed to adopt the recommendations.

Item 8: Case Quality Strategy Progress Update

8.1    The Board welcomed Lynette Woodrow to the meeting.

8.2    Engagement with the Steering and Working groups are ongoing and have proved positive.

8.3    Senior legal leaders are unclear as to how they can ensure case strategy improvement and where accountability lies.

8.4    The Board suggested raising the profile of the best practice practitioners within the areas. Lynette noted that the shadow steering group will help to engage areas on case strategy and informing how to shift culture.

8.5    The Board queried whether SOPs, standardised forms and text would be beneficial. Lynette noted that staff are averse to excessive repetition and that development is focused on the underlying skills.

8.6    The Board supported attending meetings to raise the profile of improving case strategy to help address broader culture issues.

Item 9: Senior Leadership Conference

9.1    The Board welcomed the opportunity to attend the SLC and commended its delivery. Reflections included:

• Factoring in more informal networking into the agenda.
• Further discussion time on the culture item would have been welcomed.
• There was positive engagement at the Executive session.  

Item 10: AOB

10.1    The Board thanked the DPP for his engagement and contributions to Board during his tenure and wished him well in his future endeavours.

Meeting closed.

Secretariat – Max Looker & Naomi Clarke

September 2023