Minutes - 89th GLAA Board meeting

1

Introductions

The CEO apologised at the start of the Board for the mistakes that were made in the issuing of the pack for this meeting.

The Chair welcomed CN, who is joining to observe and for the deep dive session.

It was confirmed that TL and MS have officially started in post and are attending as non-Executives today, not observers as they were last time.

To allow the Board time to have a closed session, there are a few items that we are asking the Board to deal with by correspondence including risk papers which have already been signed off at ARAC and the complaints procedure. These were circulated with the Board pack. If there are any issues, please can Board members contact SI or EM.

There is a special session planned just ahead of lunch where colleagues from Intel will join to showcase their new surveillance kit, Board members will be required to go outside.

Congratulations to KR who has recently won a number of industry awards, including the Individual Impact Award at the In-house Recruitment Awards.

2

Apologies

None.

3

Declarations of interest

None.

4

Minutes of the previous meeting held on 7^th February 2024 and 25^th March 2024.

February Minutes:

In section three, it should read Environment, not Environmental in Scottish Environment Protection Agency.

In section seven, under the heading ‘Finance budget for 2024/25’, it states “HO explained that it is very likely…”, this should be changed to “HO explained that it is very unlikely…”.

In section eight, it states “… noted peaks and throughs in investigations…” this should be changed to “… noted peaks and troughs in investigations…”.

March Minutes:

A Board member asked if the full DDAT plan has come to the next meeting (today’s meeting) as it wasn’t in the pack. The Executive explained this is due to this piece of work taking longer than expected so therefore will be presented once ready.

Decision

Approved following the addition of above comments.

Action BM89(1)

For the DDAT Plan to come to the Board once complete.

5

Outstanding Actions

Outstanding Actions:

BM83(4)

BM85(7)

BM88(3) – It was noted that some Board members have been experiencing technical issues in accessing this.

Agreed to close:

BM87(1) 

BM87(2) 

BM87(3) 

BM88(1) 

BM88(2) 

BM88(3) 

BM88(6) 

BM88(7)

BM88(8) 

BM88(11)

BM88(9)

BM88(5)

BM88(10)

6

CEO Report

Permanent secretary response to letter about funding:

Board members have received the response, essentially asks that we stay in close contact with the sponsor.

Care sector:

RCN has produced a report calling for regulation in the care sector. ALP has produced a report calling for regulation in the care sector and the single enforcement bodies.

Recent leadership development day:

All leaders came together recently for a positive day, looking at how to create solutions, and demonstrated real evidence of the culture improving. 

Management Consultancy Award (MCA) shortlisting:

The Capgemini team has been nominated, in partnership with us, for the MCA awards. Interview with judging panel was on 3 June.

Accommodation move:

The move to Loxley was approved by GPA last week. By the next Board meeting, the site will be almost finished. The Executive will develop a working group but will still manage this closely. We will keep the Board updated as appropriate.

Governance:

At the last Board, all Board Members were asked to complete the Information Assurance e-learning. There were some access problems flagged by Board members which we will try to resolve 121.

Operation’s update:

The operations team have been granted three warrants, which have been a couple of years in the making.

Board members to be given dates and opportunities to go out with the team, ministers are also welcome.

7

Home Office Update

The impact of the pre-election period on the proposed fee change:

The pre-election period means the proposed fee changes will be put on hold. HO unsure how this will affect the timelines.

Public body review (PBR):

Due to the election, ministers cannot appoint new reviewers for the (PBR), however prep work and work on draft TORs can continue.

Policy work:

Proactive policy work is on hold due to the pre-election period. Planning is underway for the different scenarios of Government, including initial briefings and longer-term plans.

Lords Inquiry:

Lords Inquiry into the Modern Slavery Act (MSA) was dissolved. It may be re-instated following the election. The Victims & Safeguarding Minister did attend the Committee on 20 May where labour exploitation, especially in the Care Sector, was discussed.

Illegal Migration Act (IMA):

Implementation of the IMA has slowed. The modern slavery measures require Ministerial decisions which are not possible during this period. One potential option (a police led initiative on counting rules) is still being pursued as it might have benefit outside of the IMA. HO will discuss this separately with GLAA and what the likely next steps are.

Single Enforcement Body (SEB):

The SEB is mentioned in Labour’s ‘Plan to Make Work Pay’ We will be speaking with the Department for Business and Trade colleagues about plans for this and potential legislation. HO would welcome feedback and lessons learned from GLAA.

Care sector:

The Minister hasn’t yet fully considered the proposal, Hannah Pooley is due to write back with next steps. EM invited the HO to draw upon GLAA expertise, as and when needed.

8

Surveillance

The intelligence team came in and gave the Board some background information on surveillance and covert intelligence. It was explained this line of work is tightly controlled by legislation, and due process. Strict procedures are followed to ensure evidence collected can stand up in court. The process and procedure in acquiring permission to carry out surveillance, how they would carry out surveillance and how influential this type of evidence in court was explained to the Board and demonstrated through an interactive session.

The Board thanked the intelligence team for explaining and showing them the surveillance kit and found this very enlightening and insightful.

9

Finance

Financial Position and Outturn

The Executive explained that the position is looking more positive than expected forecasting 350k overspend rather than 500k, however this is driven mainly by vacancies, which has led to challenges for delivery. 

In addition, income forecast has been skewed favourably due to the backlog in licence applications, however now this has been cleared, a clearer, truer picture of income can be expected later in the year.

The current option is to request the drop down of capital funding and bid for additional funding where possible and to continue to keep open and transparent conversations between the GLAA and HOSU regarding the lack of funding. This remains very challenging with no quick fix answer.

Board members shared concerns around finding a short-term fix as there is a risk this will be a recurring problem if not resolved.

A Board member expressed their concerns of the GLAA falling into the habit of using vacancies to balance the books, as this masks the core problem. The Executive explained there has significant work undertaken to improve and speed up recruitment and to be proactive rather than reactive. Therefore, the vacancy factor is no longer impacted by the time taken to recruit, but instead the salary is unattractive to successful candidates who are rejecting offers being made. This challenge was previously masked by the GLAA’s employee profile.

To resolve this the Board agreed there is a larger piece of work to benchmark the salaries and look further into candidate rejections. The Board also agreed, due to evidence being currently anecdotal, it would be beneficial to have an external consultant help with this and if needed, a business case submitted to request additional funds in order to make GLAA salaries competitive. 

A Board member noted that HO should be picking up legal costs and this could potentially release some money.

Action BM89(2)

For the Executive and HO to meet to discuss HO picking up legal cost.

Both the Board and Executive agreed a review of the assumptions being used to calculate the financial position and outturn would be beneficial. The Chair suggested this is combined into a deep dive on Finance. HO agreed to attend this.

HO asked if this deep dive could look into discretionary spend vs statutory spend. The Executive explained that we have no discretionary spend and no programmes of work.

Action BM89(3)

For a deep dive on Finance to be presented to the Board and HOSU. It should include a review of assumptions and discretionary vs statutory spend.

A Board member, who has an overlap of interest as they sit on pay boards, noted that it is likely the pay remit will be delayed. In addition, they stated that they are currently benchmarking at 4.8%, unlike the 3% the GLAA are using for estimations.

HO added that there is an authorisation process for the accounting officer in order to be able to overspend. EM asked for HO to share this so she can be sighted of this ahead of forecasted overspend.

A Board member shared their concerns around finding short-term solutions for the forecasted and financial spend or through accident meeting the budget and not answering the core problem of the lack of funding. The finance team advised that the gap between the forecasted funding requirement, which is based on a post-based structure, and the actual funding allocation is coming up to £1 million.

The Board noted the issue with increasing income from licence fees, as there are many policy boundaries and challenges that are out of the organisations control.

There are still unanswered questions around the retention of any additional income from the licence fee.

The CEO and Accounting Officer explained her tolerance of risk around the current financial situation is low. She shared her thoughts around the organisation realising the high age demographic of our officers as well as L&D costs increasing due to mandatory training for new officers. She noted everything is done in the most cost-effective way possible, whilst keeping morale high.

10

Fee Review

[Official and Sensitive information has been redacted from this section]

11

Public Bodies Review Progress Report

There has been no formal progress made on this. The self-assessment model has been complete, and the draft Terms of Reference are due. This will be circulated to all Board members for feedback, out of committee if needed.

Due to being in a pre-election period, the reviewer cannot be appointed as this required minister sign off. This appointment can take some time.

HO advised the Public Bodies Review and Board Effectiveness Review cannot be integrated and instead advised the Board Effectiveness Review is started.

12

Board Sub-Committees

The Chair asked for the Board to express the opinion on the following options:

1.   A new small sub-committee, with a small membership and required attendance.

2.   A new sub-committee, with all NEDs invited but lower quoracy than a normal Board meeting.

Two Board members noted that either of these will allow for more time to think about financial planning and financial options. They stated they preferred the Board to meet as the committee, as per option two. With the sub-committee being used to give these items more time but ensuring they would return to the Board for final approval/sign off. They shared their concerns of the Board relying on a small group of NEDs for answers, to integral questions.

Three Board members acknowledged this as an opportunity to increase creativity and assurance, with fewer governance questions, and more time to ask creative questions.

One Board member noted that key responsibilities are delegated to ARAC and P&C and as long as the reporting and decision making is clear, this should provide the needed assurance. They stated that a ‘sunset’ clause should be added for the agreed arrangement to be reviewed after an agreed amount of time.

The Board agreed for a new subcommittee to be created with the membership consisting of all NEDs but quoracy at a lower rate, with a sunset clause to review after a financial year of it being in place.

Decision

For a new subcommittee to be created with the membership consisting of all NEDs but quoracy at a lower rate with a sunset clause to review after a financial year of it being in place.

The Executive thanked the Board for their feedback and noted that the resourcing, timings, and practicalities may be difficult and asked the Board to try and be as flexible as possible. A proposal was agreed on the practicality of how this would be implemented, which will be presented at the next Board.

Action BM89(7)

For a proposal on the practicality of how the agreed new sub-committee will be implemented, to be presented at the next Board.

13

Business Plan Sign Off

The Executive thanked everyone for their feedback.

The Executive noted that currently the only piece of outstanding feedback from HO was regarding the budget section and their concerns of how this will land with Ministers. They explained the GLAA is trying to be as transparent as possible by including this. HO explained they will go back to their team to find further context around this, but explained this could be the first view the new Minister will gain of the GLAA, so to review this with that in mind.

The Board noted some clarification with wording, which was agreed to be sent over separately as this would be small immaterial changes.

A Board member shared concerns over the suitability of one of the KPIs relating time taken to answer the phone and question the value this added. SI explained this is to measure the effectiveness and efficiency of our new call centre.

The Board agreed for the addition of the comments as above and for the final version to be circulated for final approval. Following final approval, the Board were happy for this to be soft launched internally before Minister sign off and a public hard launch.

Action BM89(8)

The Board agreed for the addition of the comments as above, and for the final version to be circulated for final approval.

Decision

The Board agreed for the final version to be soft launched internally before Minister sign off and a public hard launch.

14

Board Conscience Feedback

SM noted today’s meeting had two main themes:

1.     General Election and Work Programmes

2.     Finance and Performance and Productivity

HO and the GLAA were able to have open discussions about a range of subjects, revealing and discussing uncomfortable issues.

She noted despite being a small Board, they now feel complete with addition of the two new NEDs. The new NEDs are both good addition with their different backgrounds and have at times jerked the Board into seeing a different angle or path forward.

A highlight of today’s meeting was the item on surveillance. That item was interactive and fun and found it insightful and educational. She enjoyed hearing about the operational side of the organisation in more depth.

15

AOB

None.

16

External factors affecting victims

Impact of IMA:

Currently the impact is largely unknown, as it is still in its initial stages.

There has been a 76% increase in Visa Applications since the act was presented, which could be the early indictors that this will be a new avenue to circumvent the system.

Currently, the Government believes migrants are abusing the NRM process for asylum. Under the IMA, if a victim receives positive RG under the NRM, they will get 30 days only. For an extension, we must ask the Secretary of State to consider such a request. The request must be compelling, and the victim must not pose a risk to the public. We have not yet come across such cases.

The GLAA raise the following concerns:

•        It will be difficult to manage victims deported overseas. There is a potential for them to be re-trafficked/exploited.

•        Victims may disengage once they return to source country and cases will be lost.

•        Organised Crime Groups (OCGs) may become aware of victims who have cooperated with authorities once they return to their own countries or other listed countries.

•        Potential cost increase if victims remain engaged and Crown Prosecution Services (CPS) want further evidence - this could be a further ABE or ID parade. We would have to convince the victim to return or go to collect them.

•        We could find ourselves using a JIT type approach, to obtain the evidence ourselves with the help of source country Police, but this could again have risk attached to it with corruption issues.

•        UK Police are now refocussed in Organised Immigration Crime with a HMICFRS review pending.

•        We are beginning to see police forces dropping their Modern Slavery and Human Trafficking (MSHT) units merging into larger Serious Organised Crime Unit (SOCU) teams and dealing with MS on an ad hoc basis. This may impact partnership working.

Language and Cultural barriers

The investigators are using tools such as Big Word as well as face-to-face interpreters to breakdown language barriers.

Language does not tend to be a barrier for victims in the care sector. We continue to build cultural understanding through victim engagement and networking with Non-Profit Groups (NGOs).

There have been recent discussions with African and Asian communities on the issues in the care sector.

National Referral Mechanism (NRM):

The GLAA had 12 NRM referrals and 8 Duty to Notify (DtN) referrals submitted in the last year to date. The GLAA does not currently record data on the positive and negative reasonable grounds decisions.

However, the GLAA Victim Navigator (VN) stats were a total of nine NRM referrals, six positive (including one successful appeal) and three negatives, all are undergoing appeals due to lack of evidence and 2 DtN’s.

Recent NRM changes are as below:

•        Increase of move-on period from 9 working days to 14 (for neg RG/CG and disqualification)

•        Clearer guidance for extension request

•        Clearer guidance on assessing destitution. 

Victim Navigator impact on the GLAA:

Cases:

•        31 support plans were provided

•        97% engagement rate

•        84% of survivors (with repeat recovery assessments) reported overall improvements across their recovery and reintegration.

•        Provided strategic advice to 12 other GLAA investigations.

•        4 exploiters convicted.

Training:

•        Provided training to 791 law enforcement colleagues and partners, including all new starters within the GLAA.

Systemic change:

•        Partnership working agreement with Staffline and Bright Futures

•        Development of a dedicated victim support page on Morecambe

•        Apology letter from BBC News to victim who’s VRI was publicised without consent or anonymity, leading to national policy changes within BBC News and CPS

•        Meeting with SCA SLT regarding negative RG decisions on forced labor cases

•        Meeting with the High Commission of India, FCDO and Home Office policy makers on the issue of LE within the care sector – exploring the development of an educational video.

•        This led to further meetings with the Zimbabwe Embassy and many others.

•        Invitation from the DHSC to support with the reviewing of this year’s bids for plans to support displaced international workers back into the care sector.

Case Studies:

The Victim Navigator shared case studies of victims she has helped.

Plans Moving Forward:

JC and CN shared the plan for the Victim Navigator moving forward:

•        Video – educating international workers in source countries re. UK care sector 

•        Influencing international policy change

•        Investigating and pursuing prosecutions and disseminating best practice/case law (particularly in the care sector)

•        Multi-agency approach to support workers (Bright Futures, Staffline, Hope at Home, Medaille Trust, Human Trafficking Foundation)

•        Networking with GOOD sponsors to fast-track victims back into work/sponsorship

•        Engaging with workers and potential victims in person, over social media platforms to educate

The Board thanked both CN and JC for the insightful presentation and asked for this presentation to be circulated out of committee. The Board also asked for a paper on the overseas work to come to the next Board meeting.

Action BM89(9)

For a paper on current overseas work to come to the next Board meeting.

17

Closed Sessions (NEDs only)