Rm Rt Hon Mike MP Minister of State for Policing, Crime; Criminal Justice and Victims Home Office Marsham Street, London SWIP 4DF 0 1 JUL WVWgov Uk/home office Miss J Kearsley Area Coroner Manchester South Coroner's Court 2 9 JUn 2015 1 Mount Tabor Street Stockport SK1 3AG Your ref: JKIKN/02070-2009 Dcv Hs Vocrslo INQUEST INTO THE DEATH OF PAUL JOHN MCGUIGAN REGULATION 28 REPORT Thank you for your letter of 11 to the Home Secretary about tragic death of Paul John McGuigan, who was unlawfully killed by one of his close protection work colleagues in am replying as the Minister for Policing, Crime, Criminal Justice and Victims_ thorough report raises a number of important issues which touch on work of a range of departments and agencies. The concerns which are directed towards the Home Office relate to the Notifiable Occupations Scheme (NOS) and to the type of criminal record certificate available in relation to those employed on private security contracts at home and abroad As you will know the events concerned took place in 2009. At that time the NOS was the mechanism through which information on the conviction of an individual working in a sensitive area could be disclosed by the police_ The Home Secretary recognised iiai discicsuic Ofi conviciion and Jnly excepiicnally Oni arresi could present & piiblic protection risk and asked for a review. The review involved extensive consultation and was informed by legal advice focused on ensuring that any changes took proper account of proportionality and human rights considerations in reaching decisions on disclosure_ In March 2015, the Home Secretary decided to withdraw the NOS in favour of a new police-led scheme which provides greater consistency across forces in the disclosure of information: You are already aware of the new scheme, the Common Law Police Disclosure (CLPD) scheme, which is intended to serve the needs of public protection more effectively _ It provides framework for disclosure of information under police common law powers where the relevant Chief Officer considers there to be risk to public safety: The new arrangements provide the police with greater flexibility in relation to what should be disclosed, to whom, and when: For example, information now goes directly to employers where the police consider that appropriate. Penning Received 2015 May - the Iraq: Your the

An individual applying for an SIA licence is eligible for a standard criminal record certificate from the Disclosure and Service (DBS) under the legislative provisions in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. It is mainly posts requiring close and regular working with children or vulnerable adults that are eligible for an enhanced disclosure under The Police Act 1997 (Criminal Records) Regulations 2002. Roles covered by SIA licences do not fall into this category with one exception: Where an applicant for an SIA licence is required to handle prohibited weapons as part of a role inside the UK, section 5 of the Firearms Act 1988 applies and that individual will be eligible for an enhanced certificate. You may be aware that the employment of security or close protection personnel for posts outside the United Kingdom is governed by an International Code of Conduct for Private Security Providers (which the UK joined as a founding member) out obligations for the providers, particularly with regard to international humanitarian Iaw and human rights law. However; neither the SIA nor the Home Office has jurisdiction over the employment of security or close protection personnel for posts outside the United Kingdom. Finally, you raise a concern in relation to the recording and sharing of the bail conditions imposed on Daniel Fitzwilliam in
2009. Greater Manchester Police will need to respond specifically in relation to their handling of this. More generally, all bail conditions are recorded by the court. Where necessary, agencies are informed immediately of the nature of such conditions. The conditions and their practical effect should be made clear to the defendant, kejoes hye RT HON MIKE PENNING MP Barring setting, May

Dear May your Trust About ATIve 1

The Trust accepts the concerns that have been raised by you, and hope you are assured that we have taken steps to minimise the risk of Similar problems arising in the future_

Dear Miss Kearsley, Thank you for your letter of 1 enclosing your Regulation 28 report following the inquest into the death of Paul John McGuigan: We are grateful for your comments and recommendations for improvement; which we have considered in detail. As you know, the probation service has recently undergone a fundamental reform, with the new National Probation Service and 21 Community Rehabilitation Companies taking the place of the former Probation Trusts. Since the events of 2009 that were the subject of the inquest; a number of other changes have taken place which have helped to address some of the issues you have raised, including improved use of information technology: As part of the transition process, following the introduction of the new structure, we have put in place major programme to promote consistency and good practice across the National Probation Service_ This programme, known as E3, is looking at the whole range of practice issues and provides us with mechanism for implementing the required changes. May,

A major lesson from the inquest is the need for more effective inter-agency working, particularly between the police and the probation service , in the context of the MAPP arrangements Work to address the issues you have highlighted is taken forward by the National MAPPA team, which will issue guidance to all MAPPA agencies shortly. This will cover the need to prepare for MAPP meetings carefully, including obtaining full case details, and to record in full all actions agreed and taken and all communications in individual cases_ You identified a lack of understanding, on the part of the agencies involved with the supervision of as to what close protection work overseas may involve notably a requirement to be armed. You also noted that offender managers need to be aware that overseas work is not regulated by the Security Industry Authority. Close protection work is a form of employment to which former service personnel are likely to be attracted and we have looked at the issue particularly in that context. In its response to the independent review by Jinto the rehabilitation needs of ex-armed service personnel in the criminal justice system (December
2014) , the Government emphasised its commitment to working with other organisations to deliver the best outcomes for ex-service offenders. We will be issuing updated guidance for staff on working with ex-armed service personnel in custody and the community later this year: This guidance will incorporate a definition of close protection work overseas and make clear that overseas work is not regulated by the Security Industry Authority. We will also work with the Ministry of Defence to set out protocols on obtaining and sharing information with the military to be included in the guidance You recommended that consideration should be given as to whether disclosure of details of offending should be made direct to potential overseas employers. The Common Law Disclosure Scheme, which has replaced the Notifiable Occupations Scheme, may be a suitable mechanism for doing this. The National MAPPA team will liaise with the police and seek legal advice on the scope for using the Scheme in this way: As you may be aware, any offender on licensed supervision is subject to standard licence conditions, one of which is that he or she will be permitted to travel abroad only with the permission of his supervising officer. The national policy is that only in wholly exceptional circumstances would such permission be given. In[ case, of course, since he did not seek the permission of his supervising officer, there was no opportunity to enquire about the nature of the work that G4S had offered to him; You also comment on the need for a clear procedure to identify when an independent psychiatric report is needed, and to ensure that one is provided. In criminal cases, judges or magistrates can decide to commission an independent psychiatric report as part of the trial and sentencing processes. The cost of preparing such report is met from central funds_ It is frequently the case that the defence or prosecution will commission psychiatric report; but this does not limit the powers of the court to order its own report: The Ministry of Justice has produced good practice procedural being

guide for psychiatrists, the judiciary and court staff on handling requests for court- ordered psychiatric reports and this is subject to periodic review: A major contributory factor to the tragic sequence of events that resulted in the murder of Paul McGuigan was the failure by agencies involved properly to record and share information about the residence condition in bail order. In 2009 bail conditions were recorded manually: This proved to be problematic in case, as his bail conditions were not recorded accurately or consistently and were overlooked by the offender manager as well as by partner organisations and additionally by the court at a subsequent appearance_ We have taken steps to ensure accurate recording of conditions by introducing two nationwide ICT systems Libra for magistrates' courts and Portal for the Crown Court: Staff have been trained in the use of these systems and we will remind them of the importance of accurate recording of bail conditions on these systems in all cases. You also point to the need for Community Rehabilitation Companies to be provided with guidance to enable them to identify emerging risks that may trigger MAPPA concerns and require transfer to the National Probation Service_ The National Offender Management Service's contracts with the Community Rehabilitation Companies specify the process that is to be followed in cases where a company believes the risk posed by the offender has increased to a level where responsibility for his or her management should transfer to the National Probation Service. The company must provide the National Probation Service with a completed risk escalation referral form, together with any additional information requested, to enable the National Probation Service to conduct & full assessment of risk and to decide whether offender management should transfer. It is recognised that; particularly following the changes brought about by the Transforming Rehabilitation reforms and the large number of post-graduate learners recently recruited, there is need for a revised framework to ensure that newly- qualified officers are adequately supported as they build their experience in the role, A period of additional support, consolidation of practice and learning is essential, and a National Probation Service framework has now been in place to ensure this is achieved, through control of workload, mentoring support and formal supervision sessions_ hope that this letter provides the assurance you are seeking that action is being taken to address your concerns. We are determined to learn lessons from this tragic case_ Yours sincerely, HelodA Wv MICHAEL SPURR put the

'ak e ReceiveD 3 0 JUN ?015 Security Authoricy Your ref: JKIKN/02070-2009 Joanne Kearsley, Area Coroner Coroner's Court Mount Tabor Street Stockport SK1 3AG 29th 2015 Dear Ms Kearsley, RE: Paul John MCGUIGAN (Deceased) write in response to your letter to my predecessor dated 11th 2015,which enclosed your Regulation 28 Report about the inquest into the death of_Paul John McGuigan: note that the SIA provided two formal statements from Advisor at the SIA, and that] attended and gave evidence at the inquest. Cenat you found this useful. For ease of reference, have set out below the extracts from your letter which relate to the SIA, which are then followed by our response. The issues raised in concerns 2 to 5 of your letter relate to other parties and as such we have not commented on those matters in the responses below. heard detailed evidence from a number of GMP Police Officers and civilian staff with responsibility in respect of the Notifiable Occupation Scheme In my judgement there was a complete misunderstanding by GMP in respect of the operation of the Notifiable Occupation Scheme HOC 6/2006. Of immense concern also the complete failure for period of approximately 18 months to make any post conviction notifications under the Notifiable Occupation Scheme which was ittranspired, formally withdrawn by the Home Secretary Theresa May MP in March 2015. heard and had evidence the SIA that were not aware that a regulatory existed in respect of the police s understanding of the scheme and regficationgac to themselves. The evidence heard suggests that such a gap exists at GMP and has done so for in excess of 18 months As mentioned above, the Notifiable Occupations Scheme (NOS) has now been withdrawn and replaced by the Common Law Police Disclosure Scheme The SIA is not able to comment on GMP's understanding of the NOS, however we can confirm that there have Security Industry Authority PO 49766 London WC1V GWY Phone 020 7025 4100 Fax 020 7025 4101 E-mail info@sia_ homeoffice gov uk

Industry June May hope from they Box

Security Industry Authority historically been, and continue to be, very partner relations between the SIA and GMP particularly in respect of enforcement matters. Collaboration on several joint initiatives has made positive contribution to the protection of the public in the Greater Manchester area: At present in respect of a replacement scheme in respect of clarifying the Common Law Police Disclosure Scheme heard evidence as to the process GMP are undergoing in respect of a revised Procedure relating to Notifiable Occupations but this is far from complete and less than clear as to how it will operate and the training that will be given to officers GMP civilian employees: The Court was also advised that at no stage has legal advice been taken from the force in-house legal team on the proposed scheme; even though this is a difficult legal area. It is important that GMP and all forces have recognised procedure in respect of having scheme but also training officers to operate that scheme It is imperative also that the SIA understand how and when each police force will be making disclosures under the Common Law Police Disclosure Scheme As at today's date, the SIA is not included in the Common Law Police Disclosure Scheme_ However, recognising the importance of the information available under the scheme to the SIA's decision making, we are currently in discussions with the National Police Chiefs' Council, in order to seek inclusion as soon as possible_ If it would be helpful to you can write further on this point when have further information In respect of the GMP computer system and in respect of occupations that are regulated and require licensing by the SIA, there is no categorisation on the computer for "CLOSE PROTECTION". Indeed the Court heard that there was some confusion and lack of understanding from many people as to what this occupation actually meant. Close protection work is a separate category of employment within the UK that the SIA regulates and the police system should reflect the occupations subject to regulation: It is important that the police and NOMS have clear understanding as to what close protection work is to inform risk and risk assessment: In addition ! have a concern that there is a complete lack of understanding by the police and Probation NOMS as to what close protection work overseas involves and in particular when this involves work on armed contracts: heard evidence that this type of work is a common route of employment for former service personnel. This close protection work overseas js not regulated bY the SIA In this scenario this would need to be known by the police and NOMS to inform risk assessment but also as to whether under any common law disclosure scheme consideration would need to be given to making a disclosure directly to an employer to best protect the public. Given the above points made as to whom disclosures would be sent in GMP (i.e: the regulator) this distinction becomes important Page 2 good

sa Security Industry Authority The SIA has recently met with GMP to discuss these matters. We have offered and guidance in relation to the meaning of "close protection' work in the context of SIA licensing; who would require an SIA Close Protection licence, and in what circumstances; the distinctions between the various categories of licensable conduct that are regulated by the SIA (eg: the difference between close protection officers , supervisors, security guards, etc); the extent of the SIA's jurisdiction; any other areas relating to SIA regulation about which GMP feels its staff would benefit from further information. We will also be guidance on these matters with all UK police forces. hope that this letter adequately addresses the concerns raised in your Regulation 28 Report Should you require anything further, please do not hesitate to contact me.