Terms of Reference

Nottingham Crime and Drugs Partnership Terms of Reference – April 2021

1.0 Introduction to the Crime and Drugs Partnership

1.1 Section 5 of the Crime and Disorder Act 1998 (“the 1998 Act”) gives certain defined public authorities (“the Responsible Authorities”) in local government areas functions relating to the reduction of crime, disorder and the combating of substance misuse. Collectively these authorities are known as Community Safety Partnerships (CSPs). Section 6 of the 1998 Act places obligations on CSPs to formulate and implement a strategy to reduce crime and disorder and combat substance misuse.

1.2 The Crime and Disorder (Formulation and Implementation of Strategy) Regulations 2007 (Statutory Instrument 2007 No. 1830) make further provisions as to the formulation and implementation of that strategy including the requirement for a strategy group (Board) who are responsible for the preparation of a strategic assessment, identifying priorities, development of a partnership plan, facilitating information sharing and ensuring that the local community is engaged in the process.

1.3 The Police and Justice Act 2006 created Local Authority scrutiny powers for Community Safety Partnerships and Responsible Authorities.

1.4 The Policing and Crime Act 2009 established Probation Trusts as Responsible Authorities and for Community Safety Partnerships to reduce reoffending. Probation Trusts were dissolved on 31st May 2014 and replaced by the National Probation Service and 21 Community Rehabilitation Companies. Both are designated as Responsible Authorities by the Ministry of Justice in their paper “Statutory Partnerships and Responsibilities” published November 2013.

1.5 The Police Reform and Social Responsibility Act 2011 creates Police and Crime Commissioners with powers to call CSPs to meetings and represent their priorities in their strategies. The Crime and Disorder (formulation and Implementation of Strategy) (Amended) Regulations 2012 requires the partnership plan to be sent to the Police and Crime Commissioner (PCC) and for Responsible Authorities representative to meet with the PCC.

1.6 The Health and Social Care Act 2012 deletes Primary Care Trusts as Responsible Authorities and substitutes Clinical Commissioning Groups as Responsible Authority for the purposes of crime and disorder.

1.7 The above legislation is subject to amendments and the partnership will act at all times in accordance with relevant legislation in force from time to time.

1.8 These Terms of Reference provide the framework for how these duties will be carried out in Nottingham City.

2.0 Status of the Crime and Drugs Partnership

2.1 The Nottingham City Crime and Drugs Partnership (CDP) is a statutory partnership established through legislation and is a strategic and resource partnership, consisting of the Responsible Authorities together with key co-operating and participating persons and bodies.

2.2 Nottingham City Council (NCC) is the accountable body for the CDP and employs the team and supplies accommodation as required for the successful operation of the CDP. Other agencies may second staff to the team as required.

2.3 Although a statutory partnership, the CDP is not a legal entity and therefore shall contract and hold funds in accordance with these Terms of Reference, to include paragraphs 19 Finance and paragraph 20 Contracts.

2.4 The CDP Board undertakes the function of Local Domestic Abuse Partnership Board for the Statutory Duty for Domestic Abuse Accommodation Based Services, under the Domestic Abuse Bill 2020.

3.0 Purpose of the Crime and Drugs Partnership

3.1 The Responsible Authorities have responsibility for assessing and addressing the impact of crime, anti-social behaviour, substance misuse and reoffending in Nottingham. Community Safety Partnerships are also responsible for conducting Domestic Homicide Reviews.

3.2 The partnership will act as a strategic focus, including the identification of resources, for both joint work and single agency activity to reduce the harm that crime, anti-social behaviour substance misuse and reoffending cause to Nottingham including its communities, individuals and their families.

3.3 Focus will be through coordination and facilitation of partnership resources to deliver interventions aimed at addressing identified problems as early as possible. The partnership will ensure that activities are assessed to enable learning to be derived and made available for future consideration whilst driving focused activities to achieve the CDP aims.

4.0 Partnership Governance

4.1 The partnership is organised to provide good governance and coordinated action, which is delivered through a partnership Board, seven sub-groups and a management team.

Partnership Governance Structure Chart

CDP Board

4.2 The CDP Board provides strategic governance of the partnership. It is comprised of strategic decision makers and formulates the overall policy of the partnership.

4.3 The function and purpose of the CDP Board is to undertake the following:

• Prepare an annual strategic assessment
• Prepare and implement an annual partnership plan
• Determine the arrangements for governing the appointment of a chair
• Obtain the views of persons and bodies who live or work in Nottingham through appropriate consultation
• Review the expenditure of partnership monies assessing the economy, efficiency and effectiveness of such expenditure, and
• Agree information sharing protocols between the responsible authorities and other agencies as appropriate.

4.4 As Local Domestic Abuse Partnership Board, the Board will also have overall responsibility for the following functions, which will be carried out by the DSVA Strategy Group and DSVA Joint Commissioning Group and reported up to the Board:

• Assess the need and demand for accommodation-based support for all victims and their children, including those who require cross-border support.
• Undertake a needs assessment
• Develop and publish strategies for the provision of support to cover the locality and diverse groups of victims.  
• Give effect to strategies by making commissioning / de-commissioning decisions
• Meet the support needs of victims and their children
• Monitor and evaluate local delivery  
• Report back to central Government via annual reports

CDP Board Sub-groups

4.5 The CDP Board sub-groups are forums for effective policy development, tactical problem solving, planning and challenge. The sub-groups also deliver consultation on relevant issues for the board. The subgroups are set out below:

4.6 Each sub-group reports directly to the CDP Board on a quarterly basis. Each sub-group is also responsible for managing an action plan in respect of one or more of the identified priorities. Each quarterly report will summarise activity against the plan (successes, problems and ongoing issues) and outline any areas that require board decisions or interventions.

4.7 Two of the subgroups (SYVE Board and Prevent Steering Group) report to the board but are not governed by it.

4.8 The agenda for the CDP Board is structured around updates from each sub-group, to be delivered by the chair and/or lead officer. Relevant performance information will be covered in each sub-group update.

CDP Management Team

4.9 The CDP Management Team’s function is to:

• Advise the CDP Board and its subgroups,
• Provide administrative support for the CDP Board and where possible, its sub-groups, including analysis, policy, administration and publishing an annual schedule of meeting dates for the CDP Board and all sub-groups.
• Implement the decisions of the CDP Board and its sub groups.

5.0 Membership of the Crime and Drugs Partnership Board

5.1 The Board is made up of the members detailed below. All members of the CDP shall sit on the Board in either a voting or a non-voting capacity. Each member shall appoint a representative and deputy at an appropriate senior level to attend Board meetings. It is the expectation that the Board will always seek a consensus rather than voting and this will maintain the track-record of making decisions by consensus.

5.2 Voting Board Members/Responsible Authorities

Independent Chair
Nottingham City Council, Portfolio Holder or Leader or Chief Officer
Nottinghamshire Police, Chief Officer Group Member
Nottinghamshire Fire & Rescue Service, Chief Officer Group Member
National Probation Service, Chief Officer
Derbyshire, Leicestershire, Nottinghamshire and Rutland Community Rehabilitation Company Limited, Chief Officer
Nottingham City Clinical Commissioning Group, Chief Officer (or nominated deputy)

5.3 Non-Voting Board Members

Nottingham City Homes, Chief Executive
Nottinghamshire Office of the Police and Crime Commissioner, Police and Crime Commissioner
Nottingham City Council, Community Services Portfolio Holder
HMP Nottingham, Governor
Nottingham City Public Health, Director
Nottingham City Council, Strategic Director Commercial & Operations
Nottingham City and Nottinghamshire Violence Reduction Unit, Director
DVA Sector and Survivor Representative (Chair of the Voluntary Sector Domestic and Sexual Abuse Forum)

5.4 Membership is subject to change in accordance with legislative requirements. The Responsible Authorities shall reach a consensus all other new membership to the CDP Board.

6.0 Chairing

6.1 Notwithstanding the legal and financial responsibilities of NCC, the CDP Board will either appoint a Chair Person from the Responsible Authorities or will appoint an Independent Chair. A Vice Chair will also be appointed from amongst the Responsible Authorities.

6.2 The Chair will provide independent leadership and strategic vision to the Nottingham Crime and Drugs Partnership. They will chair the CDP Board in a professional, impartial and equitable manner and ensure the Board has an independent, objective and authoritative identity.

6.3 The Chair and Vice Chair will be appointed for a 12-month period (subject to the provisions of this clause 4) after which time that person may be re-appointed or a new Chair appointed.

6.4 The Chair or the Vice Chair may, at any time, terminate their appointment, upon serving one month’s notice to the CDP management team.

6.5 The Chair or Vice Chair’s appointment may be terminated at any time where a vote of no confidence is cast by a minimum of four of the CDP’s Responsible Authorities.

7.0 Quorum and Voting Arrangements

7.1 Three of the Responsible Authorities are required to be at a CDP Board meeting for it to be quorate.

7.2 It is expected that most decisions in relation to the statutory duties will be agreed by consensus but, where this is not the case, then only those members listed as voting members may vote. Each Responsible Authority shall have one vote. Voting on all issues will be by show of hands. Decisions will be made when a majority of the Responsible Authorities are in agreement.

8.0 Frequency of meetings

8.1 The CDP Board will meet a minimum of three times per year.

9.0 Conflicts of Interest

9.1 Where applicable a CDP Board member shall declare a conflict of interest on any item to be discussed at the beginning of the CDP Board meeting. Where a conflict of interest is declared this shall be recorded in the minutes and where the conflict is declared by a Responsible Authority that Responsible Authority shall not be entitled to vote on the matter, subject to the discretion of the Board with the Chair having any casting vote where necessary.

9.2 Where any CDP Board representative has a personal interest in any item to be discussed, that representative shall leave the meeting whilst the item is being discussed and where the representative is from a Responsible Authority that Responsible Authority shall not be entitled to vote on that item, subject to the discretion of the Board with the Chair have any casting vote where necessary.

10.0 Whistle Blowing

10.1 Members of the CDP Board are expected to follow their own organisation’s whistleblowing policies, should whistle blowing be required.

11.0 Ending Board Membership

11.1 Prior to leaving the Board, members are expected to identify a replacement from their organisation. The Responsible Authorities have to provide a representative by law.

12.0 Strategic Assessment

12.1 During each year, the CDP Board shall prepare a strategic assessment on behalf of the responsible authorities. The purpose of the strategic assessment is to assist the CDP Board in revising the partnership plan.

12.2 In preparing the strategic assessment due regard will be given to the Police and Crime Plan in line with Police Reform and Social Responsibility Act 2011.

13.0 Partnership Plan

13.1 The CDP Board shall prepare a partnership plan for the area. Before the start of each year (1st April), the CDP Board shall revise the partnership plan. When revising the partnership plan the CDP Board shall consider the strategic assessment.

13.2 The partnership plan shall set out how the CDP Board’s aims shall be met. In line with section 9 above, regard shall be given to the Police and Crime Plan. In preparing the partnership plan, the CDP Board shall consider the extent to which persons who live or work in the area might assist the Responsible Authorities in reducing crime and disorder and substance misuse in Nottingham.

13.3 The CDP Board shall publish a summary of the partnership plan on the Nottingham Insight website and in such form as it considers appropriate, having regard to the need to bring it to the attention of as many different groups or persons within Nottingham as is reasonable.

13.4 The partnership plan shall form part of the NCC policy framework and shall be approved and adopted by NCC through its full Council accordingly. (Referred to as the Crime and Disorder Reduction Partnership Strategy in the Council’s Constitution).

14.0 Information Sharing

14.1 The CDP Board shall ensure arrangements are in place for the sharing of information between Responsible Authorities and other partners to achieve the aims of the partnership.

15.0 Members’ Personal Data

15.1 The information provided by CDP Board members will be used by the CDP management team for the purpose of conducting Crime and Drugs Partnership meetings and communications between partners. The basis under which personal data is used for this purpose is that this is necessary for the performance of a task carried out in the public interest by the Council or in the exercise of official authority vested in the Council. The information provided by a member may also be used for the purpose of any other function carried out by the Council.

15.2 The information Board members have provided will be kept for the period that they remain a member of the CDP Board. As soon as the CDP management team is advised that someone is no longer a member of the Board, their information will be deleted by the CDP management team within 28 days.

16.0 Community Engagement

16.1 For the purposes of preparing the strategic assessment and the preparation and implementation of the partnership plan, the CDP Board shall make arrangements through appropriate consultation for obtaining the views of persons, communities and bodies that live or work in the area.

16.2 The CDP Board shall have regard to any other consultation undertaken by the Responsible Authorities.

17.0 Accountability

17.1 The CDP and in particular the Responsible Authorities shall at all times be accountable as public bodies.

17.2 To demonstrate clear accountability for its actions and decisions:
• All decisions made by the CDP Board shall be subject to review or scrutiny by NCC in accordance with s.19 Police and Justice Act 2006.
• CDP Board members are accountable to their own agencies and subject to their governance and reporting procedures as required and appropriate.
• The CDP management team will be accountable to the City Council’s Executive Board Commissioning Sub Committee on all commissioning matters.
• A financial report will be produced and approved by the CDP Board annually.

17.3 The CDP Board will make provision for the Police and Crime Commissioner to assist in the formulation and implementation of any strategy or strategies that the Commissioner may specify that relate to any part of the city. The CDP Board will when required report to the Commissioner in accordance with S.7 Crime and Disorder Act 1998 (as amended).

17.4 The CDP management team shall be accountable as required to NCC through its relevant reporting and corporate structure and to the Chair on behalf of the Board.

17.5 The CDP management team will be responsible for ensuring all existing legal responsibilities and emerging accountabilities will be fulfilled.

18.0 Finances

18.1 The CDP funds will be held by NCC and subject to its corporate financing procedures. Expenditure of the budget will be agreed by a quorate CDP Board and subject to NCC financial regulations.

18.2 Expenditure of the Public Health budget will be agreed by the Nottingham City Council’s Executive Board Commissioning Sub Committee.

18.3 Where funds are received by way of grant, external funding or otherwise allocated for a specific purpose those funds shall only be used in accordance with any specified purpose of funding conditions.

19.0 Contracts

19.1 Any contracts entered into using the CDP budget or other allocated or received funding in addition to this budget will be in the name of NCC on behalf of the CDP and subject to the financial regulations and approval processes of NCC.

19.2 Contracts entered into by any CDP member using their own funds or who hold a pooled budget will be in the name of that CDP member on behalf of CDP and subject to their financial procedures.

19.3 Where ongoing financial commitments may be required in respect of any contract entered into for a CDP approved purpose agreement between the CDP members may be entered into as appropriate and required in order to protect the contracting authority from any undue financial liability.

20.0 Scheme of Delegation

20.1 The following Scheme of Delegation will apply, with the following decisions reserved to the Board:
• Approval of the annual Strategic Assessment,
• Approval of annual 3 Year Partnership Plan.
• Financial recommendations made by the Board subject to approvals by NCC.

21.0 Review of Terms of Reference

22.1 These Terms of Reference have been submitted for approval to the CDP Board in March 2021. The Terms of Reference will be reviewed in March 2022 and then every year thereafter or in the event of significant policy or organisational change affecting the functions of the CDP. The Board will have authority to change the Terms of Reference following any review.

Revision Date: March 2022