Commentary on Sections
Chapter 2: Support etc for people vulnerable to being drawn into terrorism
Section 36: Assessment and support: local panels
204.Subsection (1) requires local authorities to ensure that a panel is in place for its area for the purposes of assessing the extent to which individuals referred to the panel by the police (“identified individuals”, defined in subsection (2)) are vulnerable to being drawn into terrorism, and to perform the functions mentioned in subsection (4).
205.Subsection (3) provides that referrals to these panels may only be made by the police if they have reasonable grounds to believe that an individual is vulnerable to being drawn into terrorism.
206.Subsection (4) provides that the panel should prepare a support plan in respect of any identified individual whom the panel considers should be offered support and if that individual (or, if under the age of 18, his or her parent or guardian) consents, the panel must make arrangements for support to be provided in accordance with the plan. The subsection also makes provision about keeping the plan under review, revising it, withdrawing support under a plan and carrying out further assessments of the person’s vulnerability to being drawn into terrorism.
207.Subsection (5) makes provision for what the support plan must cover (for example, the nature of the support to be provided, who is to provide it and how and when it is to be provided).
208.Subsection (6) provides that if the panel decides that support should not be provided to an identified individual, the panel must consider whether the individual ought to be referred to a provider of any health or social care services, and if so, make such arrangements as it considers appropriate for the purpose of referring the individual.
209.Subsection (7) establishes that the panel must have regard to statutory guidance issued by the Secretary of State about the exercise of the panel’s functions. Subsection (8) provides that before issuing any guidance the Secretary of State must consult (a) the Welsh Ministers so far as the guidance relates to panels in Wales; (b) the Scottish Ministers so far as the guidance relates to panels in Scotland; and (c) any person whom the Secretary of State considers appropriate.
Section 37: Membership and proceedings of panels
210.Subsections (1) to (4) make provision for the membership of a panel, which must include the responsible local authority and the police for that authority’s area. Panels may include other members as considered appropriate by the responsible local authority. Subsection (5) makes provision as to the chairmanship of the panel.
211.Subsection (6) provides that where a panel is unable to make a unanimous decision, the question must be decided by a majority of the panel. Where a panel is unable to make a majority decision, the question must be decided by the chair. Subsection (7) provides that, other than in respect of the determination of questions on which unanimity cannot be reached, the panel may determine its own procedure.
Section 38: Co-operation
212.This section provides that certain organisations are partners of panels and have a duty to co-operate with the panel, including by providing information. Subsection (2) provides that the partners (which include local authorities and police forces which are not members of a panel; certain health sector and education partners; and providers of probation services) are listed in Schedule 7. The duty of co-operation extends only so far as the co-operation is compatible with the exercise of the partners’ functions under any other enactment or rule of law (subsection (3)(b)). Subsection (4) provides that the co-operation duty does not require or authorise the disclosure of information (a) which would contravene the Data Protection Act 1998 or (b) which is sensitive information. Subsection (5) defines sensitive information. Partners must have regard to guidance issued by the Secretary of State (subsection (6)) and subsection (7) provides that before issuing any guidance the Secretary of State must consult (a) the Welsh Ministers so far as the guidance relates to panels in Wales; (b) the Scottish Ministers so far as the guidance relates to panels in Scotland; and (c) any person whom the Secretary of State considers appropriate. Subsection (8) has the effect of ensuring that partners of panels are required to co-operate with the police when they undertake assessments of persons to decide whether to refer those persons to panels.
Section 39: Power to amend Chapter 2
213.This section contains a power for the Secretary of State to amend the definition of “local authority” and to amend Schedule 7 by way of regulations. This power could be used (for example) to (a) impose the duty contained in section 36(1) on Scottish local authorities; and (b) amend the list in Schedule 7 of those authorities that are partners of panels subject to the co-operation duty so that Scottish bodies are included. In Scotland the programme equivalent to the Channel programme is known as “Prevent Professional Concerns”. In cases where an amendment is needed to omit an entry of a body which has ceased to exist, or to vary an entry in consequence of a change of name or transfer of functions, the regulations are subject to the negative Parliamentary procedure (subsections (6) and (7)); all other amendments, including amendments to the definition of “local authority” and the addition of new bodies as panel partners, are subject to the affirmative procedure (subsection (5)). Where the power is to be exercised in relation to Welsh or Scottish authorities, the Welsh or Scottish Ministers must be consulted first (subsections (2) and (3)). Subsection (4) provides that regulations made under this section may amend Chapter 2 to make consequential or supplemental provision.
Section 40: Indemnification
214.This section provides that the Secretary of State may indemnify support providers (that is, any person who provides support to an identified individual under a support plan) against any costs and expenses that the support provider reasonably incurs in performing his or her functions. This power is necessary because support providers find difficulty in obtaining appropriate insurance and because of this they are less likely to become, or continue to be, support providers.
Section 41: Chapter 2: interpretation
215.This section defines the terms used in sections 36 to 40.
