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CANDIDATE INFORMATION PACK Chair
Independent Advisory Panel on Deaths in Custody
(IAP)
Reference number: PAT150001
Closing date for the post is: Noon on 19 February 2016
Applications should be submitted via: [email protected] Alternative format versions of this candidate information pack are available on request from the Public Appointments Team at the email address above.
Commissioner for Public Appointments Survey The Commissioner for Public Appointments would like to find out what you think of the public appointments process. When you have completed the process, the Commissioner would appreciate a few minutes of your time to complete this survey: http://publicappointmentscommissioner.independent.gov.uk/candidate-survey/. Your response will be anonymous and will inform the Commissioner's ongoing work with Government Departments to improve the public appointments process.
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Contents Page 1. A message from the Parliamentary Under-Secretary of State for Prisons, Probation, Rehabilitation ......................................................... 3 2. Diversity and equality of opportunity ................................................ 4
- Flexible working practices - Arrangement for candidates with a disability - Equal Opportunities Monitoring Form
3. About the Independent Advisory Panel on Deaths in Custody ......... 5 4. Role of the Chair .............................................................................. 5 5. Person specification and eligibility criteria ....................................... 6 6. Conditions of appointment .............................................................. 6 7. Indicative timetable and how to apply .............................................. 8 8. Complaints Process ....................................................................... 10 Appendix 1 The seven principles of public life ....................................................... 12
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1. A Message from the Parliamentary Under-Secretary of State for Prisons, Probation, Rehabilitation Dear Candidate,
Thank you for your interest in the role of Chair of the Independent Advisory Panel on Deaths in Custody (IAP). Since its establishment in 2008, the Independent Advisory Panel has been led by Lord Harris of Haringey, providing the advice and challenge that Ministers and the leaders of operational services need to respond properly to deaths of detainees in the various settings for which we are responsible. To fill this role, we need a candidate who is clearly independent but also understands how best to propose and pursue changes in large and complex organisations. The candidate needs the strategic skills to shape ideas and recommendations based on analysis and evidence, while also understanding the more personal perspectives of the family and friends of the deceased, staff or other detainees. If you believe you have the experience and qualities we are seeking, we very much look forward to hearing from you. Andrew Selous MP Parliamentary Under-Secretary of State for Prisons, Probation, Rehabilitation The information in this pack will tell you more about the Board’s purpose and the nature of the Chair's role. If you have further questions about any aspect of this post, you are welcome to speak to Kish Hyde, Deputy Head of Secretariat for the Ministerial Council on Deaths in Custody on 0300 047 5022. If you have questions about the appointment process, you can contact the Public Appointments Team at: [email protected], or call Stewart Mead on 020 3334 6273.
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2. Diversity and equality of opportunity
We want to explore the widest possible pool of talent for this important appointment and diversity is something about which the Ministry of Justice and the Independent Advisory Panel on Deaths in Custody (IAP) cares deeply. Applications are encouraged from all candidates regardless of ethnicity, religion or belief, gender, sexual orientation, age, disability, gender identity. We particularly welcome applications from women, those with a disability and those from a black or ethnic minority background. We would also particularly welcome applications from those currently working in, or with experience of, the private sector, and those who have not previously held public appointments. Flexible working practices The IAP recognise flexible working practices but its chair and members need to be able to attend meetings, mostly held in London. Arrangements for candidates with a disability Guaranteed Interview Scheme The Ministry of Justice operates a Guaranteed Interview Scheme (GIS) for disabled people. The Equality Act 2010 defines a person as disabled if they have a physical or mental impairment and the impairment has a substantial and long term adverse effect on their ability to carry out normal day-to-day activities. Under the GIS a disabled candidate will be selected for interview if they meet the minimum criteria for the role decided by the selection panel at sift. To ensure fairness, the panel will not be informed of who has applied under the GIS until they have set the minimum criteria at the start of the sift meeting. If you wish to be considered under the scheme, please complete the Guaranteed Interview Scheme Declaration on Diversity Monitoring Form in the supporting documents and send it with your application. Adjustments If you have a disability and require adjustments to help you attend interview, should you be called, you may wish to contact:
Stewart Mead within the Public Appointments Team (by e-mail [email protected] or on 020 3334 6273).
To discuss any adjustments you may require should you be appointed you may wish to contact:
Kish Hyde on 0300 047 5022 at the IAP secretariat ([email protected])
Equal Opportunities Monitoring Form The Equal Opportunities Monitoring Form is for monitoring purposes only. By collecting and analysing the data of those applying and obtaining an appointment, we can improve our diversity strategy. This form is not part of the selection process and will be treated in confidence. It will be kept separate from your application and not be seen by the selection panel.
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3. About the IAP The Ministerial Council on Deaths in Custody for England and Wales commenced operation in April 2009, following publication of the 2008 Fulton Report. The Council is jointly sponsored by the Ministry of Justice, Department of Health and the Home Office and is formed of three tiers. A Ministerial Board on Deaths in Custody, the first tier, considers all deaths in state custody (including prison, approved premises, police, immigration removal and those detained in hospital under the Mental Health Act). Their primary source of independent advice and expertise is an Independent Advisory Panel (IAP) which forms the second tier of the Council. The IAP is supported by an extensive practitioner and stakeholder group that forms the third tier. The purpose of the Ministerial Board and the Independent Advisory Panel (IAP) on Deaths in Custody is to bring about a continuing and sustained reduction in the number and rate of deaths in all forms of state custody in England and Wales. This covers deaths that occur in prisons, in or following police custody, immigration detention, the deaths of residents of approved premises and the deaths of those detained under the Mental Health Act 1983 (MHA) in hospital. The principles and lessons learned as part of this work will also apply to the deaths of anyone subject to Deprivation of Liberty Safeguards (DOLS) under the Mental Capacity Act 2005. The Panel members are appointed for their relevant expertise and track record in related fields. Further information on the IAP and its activities, including its most recent reports and biographical information for each current Board Member can be found on the IAP’s website: http://iapdeathsincustody.independent.gov.uk/ In line with the Government’s commitment to ensuring and improving the accountability and effectiveness of all public bodies including arm’s length bodies, the IAP may be subject to review or may need to respond to wider policy changes or reorganisations. Where this is the case, the chair’s role may similarly need to change or end before the term expires. Location
The panel currently meets in London. Some travel may be required.
4. Role of the IAP Chair The Chair is accountable to the Ministers with relevant responsibility for deaths in custody in each of the sponsoring Government Departments. These are currently Andrew Selous MP, Under Secretary of State responsible for prisons, probation and rehabilitation in the Ministry of Justice, Mike Penning MP, Minister of State for Policing, Crime, Criminal Justice & Victims at the Home Office, and Ben Gummer MP, Parliamentary Under Secretary of State for Care Quality at the Department of Health.
The Chair will:
Provide effective and visible leadership of the Panel, working closely with the Panel’s secretariat;
Determine the Panel’s programme of work, taking into account any views expressed by Ministers or the Ministerial Board;
Publish relevant reports including an annual report;
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Develop and maintain strong links with senior figures, the Ministerial Council’s member organisations and other stakeholders.
The chair will attend tri-annual meetings of the Ministerial Board, quarterly meetings of the IAP and ad-hoc meetings as required while ensuring the independence of the IAP.
5. Person specification and eligibility criteria
Eligibility criteria
Anyone in the categories listed below cannot be considered for appointment as chair or member of the IAP.
Those employed in the Civil Service;
Those with employment restrictions, or limits to their stay in the UK. Please also see the ‘Political Activity’ section below on page 7. Applicants should be aware that, given the degree of independence required by the role, any actual or perceived conflicts of interest must be declared.
Essential Criteria
High intelligence and strong analytical abilities to develop clear, independent advice based on an understanding of the strategic pressures and priorities that apply to the operational leaders responsible for custody;
A strong commitment to the safety and decent humane treatment of those detained by the State or their families in the case of those who have died;
The ability to chair a board effectively, to be a confident leader, reach consensus, to inspire the confidence of stakeholders and ensure each member has clear roles and responsibilities;
Highly developed leadership skills and the ability to work effectively with senior stakeholders (e.g. Ministers and senior officals);
Ability to work in or alongside operational providers delivering complex services;
Excellent communications skills in a range of forums including the ability to explain specialist or technical information to a non-specialist audience;
Understanding of equality and diversity issues, such as the experiences of Black and Minority Ethnic (BME) groups or women in custodial environments.
Desirable Criteria
Knowledge of the UK’s human rights obligations in relations to deaths, near deaths and serious injuries in custody and their investigations.
6. Conditions of appointment
Remuneration, allowances and abatement
The Chair receives a non-pensionable honorarium of £15,000 per annum. The role is not pensionable.
Remuneration is subject to PAYE tax and National Insurance contributions.
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Reasonable standard travel expenses will be payable.
Appointment and tenure of office
Chairs are appointed by the Secretary of State.
Appointments are for a three year term with the possibility of re-appointment for a further term, at the discretion of Ministers. Any re-appointment is subject to satisfactory annual appraisals of performance during the first term in the post. If re-appointed, the total time served in post will not exceed 10 years.
It will be important that a Chair’s other commitments do not cast any doubt on their ability to act independently and impartially in discharging the role; any potential conflict of interest must be declared.
The Chair is required to adhere to the IAP’s code of practice and rules of conduct.
Performance appraisal The post holder is subject to an annual appraisal against objectives for each year of the appointment and linked to the performance of the IAP. The appraisal will be carried out by a person of appropriate level within the Ministry of Justice. Standards in public life, political activity and conflicts of interests Standards in public life Candidates must also confirm that they understand the standards of probity required of public appointees outlined in the “Seven Principles of Public Life” drawn up by the Committee on Standards in Public Life (see Appendix 1). Public bodies are expected to maintain a register of members’ interests to avoid any danger of the Chair being influenced - or appearing to be influenced – by their private interests in the exercise of their public duties. Candidates invited to interview will be questioned about any real or perceived conflicts of interest. These do not constitute an automatic bar to appointment, but they must be manageable. Political Activity The Chair of the IAP will need to show political impartiality during their time on the IAP and must declare any party political activity they undertake in the period of their appointment. Due to the nature of the IAP it is not appropriate for the Chair of the IAP to occupy paid party political posts or hold sensitive, senior or prominent positions in any political organisation. Nomination for election to political office, for example the House of Commons, the Northern Ireland Assembly, Scottish Parliament, the European Parliament, is not considered compatible with membership of IAP. Subject to the foregoing, members are free to engage in political activities, provided that they are conscious of their general responsibilities and standards for public life and exercise proper discretion. The Political Activity Declaration will be kept separate from your application and will only be seen by the selection panel prior to interview. However, it is appreciated that such activities may have given you relevant skills, including experience gained from committee work, collective decision making, resolving conflict and public speaking. If,
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therefore, you have had such experience and you consider it relevant to your application for this post, you should include it separately in the main body of your application. If you are successfully appointed to the post, details of your response to the Political
Activity Declaration will be included in any announcement of your appointment. Conflict of Interests You will be required to declare any conflict of interest that arises in the course of IAP business and must declare any relevant business interests, positions of authority or other connections with commercial, public or voluntary bodies. Any actual or perceived conflicts of interest will be fully explored by the panel at short listing or interview stage. More generally, there are five issues most frequently encountered that could lead to real, or apparent, conflicts of interest:
Financial interests or share ownership –for example, holding shares in a firm that is considering applying or has licensed body status in relation to Alternative Business Structures could be a particular area of concern;
Expertise or activity in particular areas, that whilst not precluding appointment may be perceived by the public as a conflict of interest –for example, it is especially important that associations with legal firms are explored fully;
Membership of some societies or organisations –for example, dealings with the legal and financial sectors will need to be explored fully;
Rewards for past or future contributions or favours;
The activities, associations and employment of relatives or partners. Further advice about conflicts of interest can be obtained by contacting Stewart Mead at [email protected] or on 020 3334 6273.
7. Indicative timetable and how to apply Timetable
Advert date: 7 January 2016
Closing date: Noon 19 February 2016
Candidates informed if they will be invited to interview:
Week commencing 14 March 2016
Interviews currently planned for: Week commencing 4 April 2016
Provisional appointment start date:
May 2016
How to apply To apply, please send: A copy of your CV. A supporting letter of no more than two sides that evidences how you meet all the criteria. Please provide examples of where your knowledge and experience matches the essential criteria required for the role. Your supporting letter should provide specific and detailed examples to demonstrate how you meet the criteria (including what you did to achieve a specific result).
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The desirable criteria, although not essential, will also be taken into account by the selection panel and you should provide examples of how your experience and knowledge match the desirable criteria where applicable.
Please ensure you include preferred daytime, evening and mobile telephone numbers, as well as a preferred e-mail address, which will be used with discretion.
You should also complete the separate supporting documents providing any political activity, conflicts of interest, public appointments currently held and the names and contact details of two referees. Please note referees will be contacted if you are shortlisted for interview. Applications should be sent to: [email protected] Please note that applications may be passed, in confidence, to the Commissioner for Public Appointments (CPA) and the Commissioner’s auditors for the purposes of complaints investigation and audit (8.2 of the CPA Code of Practice refers).
The closing date for applications is: noon 19 February 2016
Your personal information We will process your application in accordance with the Data Protection Act 1998 and the Ministry of Justice’s Information Charter, which can be found at https://www.gov.uk/government/organisations/ministry-of-justice/about/personal-information-charter How we will handle your application
The selection panel will include:
Sarah Anderson, panel chair (Public Appointments Assessor, nominated
by the Office of the Commissioner for Public Appointments;
Digby Griffith, Director of National Operation Services, National Offender Management Service;
Lizzie Noel, Ministry of Justice non-executive director; and
Independent panel member to be confirmed.
We will deal with your application as quickly as possible (timings below are indicative).
We will acknowledge receipt of your application;
Your application will be assessed against the essential criteria and experience for the post. It is important that you provide as much detail as possible within the limit constraints of two sides;
By end of the week commencing 29 February 2016 the panel will aim to have decided the candidates who will be invited for interview, taking account of the evidence provided on your application.
Where a candidate is unable to attend an interview on the set date then an alternative date will only be offered at the discretion of the panel;
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Interviews are currently intended to take place at 102 Petty France, London, SW1H 9AJ in the week commencing 4 April 2016; Travel expenses will not be payable for attending interviews.
If you accept an invitation to interview, we may take two references in advance of the interview;
If invited to interview, the panel will explore with you your experience and expertise to find whether you meet the essential criteria.
If, in the view of the panel you have the skills for the post and are appointable, your name will be amongst those recommended to Ministers who will decide on the appointment;
The Secretary of State or another Minister may ask to meet each of the appointable candidates (after interview by the selection panel).
If you are successful, you will receive a letter formally appointing you;
If your application is unsuccessful you will be contacted by e-mail by the Public Appointments Team.
Security Clearance For the successful candidate, final confirmation will be subject to basic clearance checks, covering confirmation of identity and right to work in the UK plus a criminal record check. This will involve completion of several paper and electronic forms and can take up to five weeks to process following completion of the forms.
8. Complaints Process If you feel that you have any complaint about any aspect of the way your application has been handled, we would like to hear from you. In the first instance please write, or e-mail, the Public Appointments Team at the address or e-mail address given below quoting the appropriate reference. Mike Gibbs Ministry of Justice Head of the Public Appointments Team ALB Governance Division 10th Floor, 10.10 102 Petty France London, SW1H 9AJ E-mail address: [email protected] Complaints must be received by the Public Appointments Team within 12 calendar months of the issue or after the recruitment competition has closed, whichever is the later. Your complaint will be acknowledged within 2 working days of receipt and answered as quickly and clearly as possible; at the most within 20 working days of receipt. If this deadline cannot be met we will inform you why this is the case and when you can expect a reply. Taking it further If, after receiving a comprehensive response, you are still concerned, you can write to the address below:
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Commissioner for Public Appointments Room G/8, Ground Floor 1 Horse Guards Road London, SW1A 2HQ The Commissioner for Public Appointments regulates and monitors appointments to public bodies to ensure procedures are fair. More information about the role of the Commissioner and his Code of Practice is available from http://publicappointmentscommissioner.independent.gov.uk/ For full details of the complaints process for public appointments please click on the following link which will take you to the Commissioner for Public Appointments website http://publicappointmentscommissioner.independent.gov.uk/contact-us/ Alternatively please contact the Commissioner’s office on 020 7271 0831 for a printed copy.
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Appendix 1 The seven principles of public life All candidates for public appointments are expected to demonstrate a commitment to, and an understanding of, the value and importance of the principles of public service. The seven principles of public life are:
Selflessness
Holders of public office should act solely in terms of the public interest.
Integrity
Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.
Objectivity
Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.
Accountability
Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.
Openness
Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.
Honesty
Holders of public office should be truthful.
Leadership
Holders of public office should exhibit these principles in their own behaviour. They should actively promote and robustly support the principles and be willing to challenge poor behaviour wherever it occurs.
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Conflicts of Interest and previous conduct Please give details of any business or other interests or any personal connections which, if you are appointed, could be misconstrued or cause embarrassment to either the Ministry of Justice or the IAP. Any particular conflicts of interest detailed here will not prevent you going forward to interview but may, if appropriate, be explored with you during your interview to establish how you would address the issue(s) should you be successful in your application. Please also provide details if you have every been convicted of, or cautioned for, any criminal offence or have been found guilty of professional misconduct, or if any such proceedings are pending (please give details, including dates and amount of any fine or other penalty imposed) (NB successful candidates’ final confirmation will be subject to basic clearance checks, covering confirmation of identity and right to work in the UK plus a criminal record check).
(Please tick the above box)
Is this your first public appointment?
Yes: No:
Where did you see this appointment advertised? …………………………… Public Appointments Currently Held Please say below if you currently hold any other public appointment posts:
Body Period of Appointment Government Department
I confirm I have read and understood the sections in the candidate pack on ‘Standards in public life’ and ‘Political Activity’.
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Requests for referees Please provide names and contact details of two people who may be asked to act as referees for you, at least one of whom must have knowledge of your work relating to your most recent professional and/ or voluntary activity. They will be expected to have authoritative and personal knowledge of your achievements in a professional or public service capacity.
Reference 1:
Name:
Address:
Telephone:
Email:
Reference 2:
Name:
Address:
Telephone:
Email:
Please note that for applicants called to interview, we will approach your referees prior to interview. Declaration
(Please tick the above box) Note: If you are successfully appointed to the post, a brief summary of your career/experience and details of your response to the Political Activity Declaration will be included in any announcement of your appointment.
I declare that the information supplied in this application, including that referring to conflicts of interest and previous conduct, is complete and correct to the best of my knowledge. I have also read the information pack and can confirm that I am eligible to be considered for appointment to this body. I also certify that I will immediately inform the Ministry of Justice of any changes in circumstances that affect the answers I have given.
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Political Activity Declaration All applicants should complete the question below. Please indicate which of the following activities you have undertaken during the past five years by ticking the appropriate box and providing details of your involvement. Name the party or body for which you have been active. If you have been or are an Independent or have sought or obtained office as a representative of a particular interest group, you should state this. You should tick all relevant categories.
Obtained office as a Local Councillor, MP, Devolved offices, MEP etc
Stood as a candidate for one of the above offices
Spoken on behalf of a party or candidate
Acted as a political agent
Held office such as Chair, Treasurer or Secretary of a local branch of a
party
Canvassed on behalf of a party or helped at election
Undertaken any political activity which you consider relevant
Made a recordable donation to a political party 1
None of the above activities apply.
Name of Party for which activity undertaken: …………………………………… Details of your involvement (please continue on a separate sheet if necessary):
Note: this form is for monitoring purposes only and therefore will be detached from your application and will only be seen by the selection panel if selected for interview. However, it is appreciated that such activities may have given you relevant skills, including experience gained from committee work, collective decision making, resolving conflict and public speaking. If, therefore, you have had such experience and you consider it relevant to your application for this post, you should include it separately in the main body of your application form.
1 The Political Parties, Elections and Referendums Act 2000 requires the Electoral Commission to
publish a register of recordable donations (donations from an individual totalling more than £5000 in any calendar year, or more than £1000 if made to a subsidiary accounting unit such as a constituency association, local branch, women’s or youth organisations). These provisions became effective from 16 February 2001.
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Equal Opportunities Monitoring Form
All Government Departments aim to provide fair and equal access to public
appointments and to ensure that all sectors of society are represented. You
are requested to complete the Equal Opportunities Monitoring Form at the
final stage of the online application process. The questions set out in this form
help us to monitor the effectiveness of this policy by gaining a picture of all
those applying for and obtaining appointments. They also help us to monitor
how we are complying with equality law.
The Equality Act 2010 protects people from discrimination and promotes
equality on the basis of a number of ‘protected characteristics’. We ask for
information on your ‘protected characteristics’ in order to help us monitor our
performance on equality.
The government’s commitment to widening access to public appointments is
set out in the Diversity Strategy which can be viewed at:
https://www.gov.uk/government/policies/creating-a-fairer-and-more-equal-
society or obtained from the Government Equalities Office.
We may also be asked to provide information – in summary form only that does not identify individuals in response to Parliamentary Questions and other public enquiries and reports on our equality performance. In line with Government policy, and in accordance with the provisions of the Data Protection Act 1998, the information you provide will be held confidentially and can only be used if you give us your consent. The form will be kept separate from your application form and will not be seen by the sift or interview panel. Assessment of your suitability for the post is made purely on the information you give on the application form and your performance at the interview should you be invited. Appointments are made strictly on merit. We hope that this encourages you to complete the form. Guaranteed Interview Scheme Declaration
I consider myself to have a disability as defined under the Equality Act 2010, and I would like to apply under the Guaranteed Interview Scheme.
(please tick if you wish to be considered for the GIS)
I do require special arrangements should I be called to attend an interview. (Please state any such adjustments below if applicable). ______________________________________________________________ If you do not require special arrangements, please leave blank.
Should you have any questions, please contact: [email protected]
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GENDER:
Male Female Prefer not to say
AGE:
66+
56-65
46-55
36-45
26-35
25 & under Prefer not to say
DISABILITY: The Disability Discrimination Act as incorporated in Equality Act 2010 defines a person as disabled if they have a physical or mental impairment which has substantial and long term (i.e. has lasted or is expected to last at least 12 months) adverse effect on their ability to carry out normal day-to-day activities. Adverse effects may arise from external barriers experienced by people with impairments. When you answer the question, you should not take into account the effect of any medication or treatments used or adjustments made (for example at work or at home) which reduce the effects of impairments. Instead, you should think about the effect the impairment would have if these were not being used or made. Taking this into account, do you consider yourself to be a disabled person?
Yes: No: Prefer not to say
ETHNIC ORIGIN: Which group do you identify with? Please tick one box. The options are listed alphabetically.
ASIAN OR ASIAN BRITISH
Bangladeshi
Chinese
Indian
Pakistani
Any Other Asian background (specify if you wish)
BLACK OR BLACK BRITISH
African
Caribbean
Any Other Black background (specify if you wish)
MIXED
Asian and White
Black African and White
Black Caribbean and White
Any other Mixed Ethnic Background (specify if you wish)
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WHITE
White
ANY OTHER BACKGROUND
Any other ethnic background (specify below if you wish)
Prefer not to say
SEXUAL ORIENTATION - Do you consider yourself to be:
Bisexual
Gay man
Gay woman
Heterosexual
Other (Please state below)
Prefer not to say
RELIGION AND BELIEF - What is your religion?:
None
Christian (including Church of England, Catholic, Protestant and all other Christian denominations)
Buddhist
Hindu
Jewish
Muslim
Sikh
Other (Please state below)
Prefer not to say
SECTORAL BACKGROUND - Is your working background?: Mixed
Mostly Civil Service
Mostly private
Mostly Third Sector
Mostly wider public sector
