The birth of the modern day police service happened in London with the creation of the Metropolitan Police Force in 1829 under the instructions of the then home secretary Robert Peel. But outside of the capital it was actually local government which oversaw the reform of law and order.

The Municipal Corporations Act 1835 called on boroughs and towns to form their own police forces. It took nearly 30 years for this to be achieved across the country. But once it was, successive governments have set about giving police forces more independence, distancing them from local government. It is only now, at the start of the 21st century, that the tide has begun to turn again as local authorities have started to create what have been dubbed ‘council police forces’.

The process was kick-started by the creation of neighbourhood and street wardens in England and Wales following the introduction of legislation in 2000. Originally, it was envisaged they would fulfil a non-enforcement role, but as the scheme has evolved extra powers have been granted.

A similar pattern has emerged with parks police, while the advent of the community support officer in 2002 has created a jointly funded police and council resource. It means staff either employed by councils, or paid for by them, now have greater powers. These include handing out fixed-penalty notices, taking people’s names and addresses, confiscating alcohol and, in the most extreme cases, carrying weapons.

Newham LBC has perhaps had the most publicity for this and not all of it positive.

Newham's parks police

The council has 36 officers in its parks constabulary who have the power to issue fines, gather evidence for anti-social behaviour orders and arrest people for flouting park rules. But the officers are not just confined to parks. Their remit stretches to open spaces, which can take in residential areas and streets.

The council recently featured in Private Eye with the magazine accusing the council’s “private police force” of abusing its powers. It also alleged some staff had given the impression they were actually police officers. Newham strongly rejects the accusations, but it does acknowledge there has been some blurring of the lines in the past.

An internal report in 2005 raised concerns that the parks constabulary could be confused with the police and since then distinct badges, cars and uniforms have been introduced.

A council spokesman says: “The service is there to deal with the low-level crime that police just do not have the capacity to respond to. It is extremely popular with local residents, but it is wrong to suggest they are impersonating police.”

Newham is also exploring buying-in services from the local police force another trend in local government that has led to accusations that councils are creating their own police teams.

Under the Police Reform Act 2002, community support officers, who do not have the full powers of a police officer, can be appointed. More than 16,000 operate in England and Wales and while they remain directly answerable to the police, councils are heavily involved in funding them and deciding where they will be deployed.

However, the Newham model, if discussions prove fruitful, will also include the use of full police officers as well.

The east London council is not the only local authority to embrace the policing options available. Redbridge LBC has been criticised for arming its 12 park constables with batons.

Street wardens on the beat

But it is the popularity of the neighbourhood and street wardens scheme that has perhaps been the most important factor in the rise of the ‘council police’. Some 245 schemes are now in operation with many adopting the extra powers, such as fixed-penalty notices, that they are entitled to under the 2002 act in liaison with local police. The legislation also enabled these powers to be given to other council staff if deemed necessary.

Castle Point BC in Essex is just one which has taken up this option. Last May, a group of seven staff, including street-scene officers and parking attendants, were given the power to issues fines for misdemeanours including littering and cycling on footpaths. Tellingly, when the local chief superintendent welcomed the move he said the staff had become part of the “extended police family”.

But council leader Pam Challis (Con) says the staff vetted by police and given a week of intensive training have not been anointed to replace police officers. She says not only have they had an impact on anti-social behaviour, but they have also worked with local police to “gather evidence for more serious offences”.

“The scheme has been highly successful since its introduction and has been welcomed by the community,” she adds.

So are these schemes likely to be replicated nationally? One factor that may encourage the creation of council police is the perception that anti-social behaviour is on the increase. But as is often the case with crime statistics, the overall picture is far from clear.
Broadly speaking, the government’s figures show that both crime overall and violent crime have been decreasing over the last 10 years.

However, there is evidence that certain types of crime are rising. A recent report by the London Assembly records a 15% increase in the number of crimes on buses since 2004, with teenage anti-social behaviour a particular concern.

Meanwhile, the British Crime Survey, which gauges the public’s experience of crime rather than recorded offences, shows that between 2006-07 levels of criminal damage increased nationally by 10%.

Perhaps most surprisingly, the British Crime Survey found that the number of people believing anti-social behaviour is a “big problem” has remained fairly static for the last five years, at about one in five people.

Crime on the increase

Clearly levels of concern are high, but not necessarily rising. It is statistics like these that have fuelled scepticism about the value of council police projects.

Stuart Lister, an expert in criminal justice at the University of Leeds, believes councils should “think twice” about trying to get extra powers for their staff, and that it can actually have a negative effect.

“People such as wardens were supposed to be facilitating communal bonds, talking to people and being a friendly face. They were meant to rely on their personal and social skills to defuse situations rather than being dragged into an enforcement role,” he says.

“There has been a certain amount of power creep. The public has become suspicious about them and I don’t think that is necessarily helping them to combat the problem or give the public confidence.”

Mr Lister also has other concerns. While police face a 16-week training course and up to two years’ supervision, he points out many of these powers are handed out with as little as a few days’ tuition. “Training is certainly an issue. Many of these people do not have the training or responsibility of police officers.”

The Police Federation, which represents police officers, says the new breed of law-enforcement officers are “ill-equipped and ill-trained”.

“We believe it causes members of the public more confusion as to who has what power, in what circumstances, and for how long,” a spokeswoman says.

Mark Norris, a policy officer at the Local Government Association, also has concerns, but they are more to do with whether the public purse is being used as effectively as it should be. “I think there is a risk that the staff who are given these extra powers end up making up for a shortfall of police. The taxpayer is then effectively paying twice for the service and councils need to beware of that.”

But he defends the appetite among councils to obtain these extra powers for their staff. “Councils are just trying to protect their residents and make them feel secure. Anti-social behaviour is a big concern.”

This sums up the dilemma facing councils employing park police and street wardens is a response to local problems like anti-social behaviour and the wider public demand for more police.

But such initiatives raise many questions, ranging from the legitimacy of ‘private police’ to whether they represent value for money. And with such police forces in their early days, none of these questions are easy to answer.

Who are the council police?

Police community support officers

The role was introduced under the Police Reform Act 2002 to support the work of police officers. There are now more than 16,000 in place across England and Wales.

They do not have the full powers of police officers. For example, they cannot arrest an individual, although they can require suspects to remain with them until a police officer arrives.

The positions are partly funded by local government, so councils have had a big say in where they are deployed and how they operate. Nonetheless, they still remain directly accountable to police chiefs.

At first, the extent of their powers varied from area to area, but an attempt was made last year to standardise their role. Most now have the power to issue fines, confiscate alcohol or drugs and demand names and addresses when crime or an anti-social behaviour offence is suspected.

Parks police

These became popular among councils in the 1970s and 1980s. Initially, their responsibility was limited to closing the park at night, keeping a watchful eye on the public and enforcing dog-fouling rules.

But some now have the power to hand out fines and arrest people for breaking park rules.

And, controversially, some councils have taken the decision to arm their ‘constables’ with batons, arguing they are coming under increasing threat from gangs of youths.

Neighbourhood and street wardens

A scheme first launched in 2000 in England and Wales with the aim of improving the quality of life and local environment of communities. About 250 schemes have been launched in the last six years, mostly by councils but housing associations have also got involved.

Powers were extremely limited at first as they were predominantly fulfilling a non-enforcement role, but in recent years they have been given more responsibilities.

If given accreditation in liaison with the local police force, they can issue fixed-penalty notices for a whole range of anti-social behaviour offences. They can also provide evidence in ASBO cases and demand names and addresses.

The accreditation scheme has also been used to give extra powers to a range of council staff such as street scene officers.

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