Background

1. Prevent is a counter-terrorism function to intervene early to stop people from becoming terrorists or supporting terrorism. Its delivery relies upon a system of wide-ranging partners from government to front line staff and community partners. It is vital that this Prevent system, and the legislation underpinning it, is as effective as possible so it can divert people away from harming themselves and others.

2. There is currently no permanent independent review or oversight function of Prevent to ensure its effectiveness. Review functions have provided important systematic learning and accountability, and been covered by timebound independent reviewers of Prevent, case-specific Prevent Learning Reviews, and the Prevent Standards and Compliance Unit which handles complaints about Prevent and is situated within the Commission for Countering Extremism (CCE).  Oversight functions are currently provided by internal and ministerial boards, with no external scrutiny.

3. To provide these independent functions for Prevent, the Home Secretary is creating a Prevent Commissioner role. This will provide consistent oversight, increase effectiveness and develop insight into the Prevent system over the longer term. The Standards and Compliance Unit secretariat will move from the CCE to the Independent Commissioner. While a public appointments campaign is conducted to appoint the permanent Independent Commissioner, the role will be filled on an interim basis.

Role overview

4. The Interim Independent Prevent Commissioner’s (Interim Commissioner) role is to provide an independent strategic oversight and review function for Prevent to ensure that it can meet its objectives as effectively as possible. The Interim Commissioner will also help develop the opportunity for the public and practitioners to raise concerns about the activity of Prevent by assisting in the transfer of the Standards and Compliance Unit, currently based in the Commission for Counter Extremism, to the Independent Commissioner.

5. The Independent Prevent Commissioner will be a high profile, publicly important role. The Interim Commissioner may need to engage with the public, invite challenge from Prevent’s critics, capture best practice, and understand the role of the Prevent programme in stopping people from becoming terrorists or supporting terrorism.

6. It is likely that any reports produced by the Interim Commissioner will inform public policy around how counter-terrorism interacts with integration, public health, faith and communities – and how these policy areas can support counter-terrorism efforts - in the coming years. His recommendations must be meaningful, proportionate and actionable, with the implications of his implementation rigorously considered.

7. In addition, Prevent naturally attracts significant attention and it is likely that the Interim Commissioner may be called upon to take part in public debates, give evidence to Parliamentary Committees and international bodies, consult with communities and comment on Prevent-related issues. When doing so, the Interim Commissioner should take into account the Seven Principles of Public Life (see Terms of Appointment).

Responsibilities

8. The Interim Commissioner’s primary responsibilities will be (1) reviewing; (2) oversight; and (3) investigating concerns about Prevent. These responsibilities will apply in England, Wales and Scotland.

9. REVIEW: The Interim Commissioner will review Prevent legislation, policy and implementation to ensure that Prevent can effectively meet its objectives to provide early intervention and stop people from becoming terrorists or supporting terrorism.

1. The Interim Commissioner will set his own review work programme, providing progress reports to the Home Secretary. The Terms of Reference for any reviews will be devised by the Interim Commissioner, to be agreed with the Home Secretary.
2. Parliament, the Home Secretary or other Ministers may, at any time, request the Interim Commissioner to report on any matter relating to Prevent.
3. Interim findings or similar may be provided to the public, the Home Secretary or other partners at the Interim Commissioner’s discretion.
4. Unless agreed otherwise, the Interim Commissioner will provide any reviews/reports to the Home Secretary before publication or public release.
5. The Interim Commissioner may publish an executive summary (subject to security checks), with the publication or disclosure of full reports only as approved by the Home Secretary or agreed in advance.
6. Save in relation to the functions of the Standards and Compliance Unit, the Interim Commissioner will not review individual cases or decision making, though may need to gather operational details, case information or Prevent data to understand the impact of policy and legislation, and the processes in place to deliver Prevent. However, the Interim Commissioner may, by exception, be asked to provide independent scrutiny for internal case reviews.

10. OVERSIGHT: The Interim Commissioner will oversee the government’s implementation of accepted recommendations from reports and reviews.

1. The Interim Commissioner will provide independent scrutiny of the system’s oversight, currently delivered by Homeland Security Group Prevent Directorate, wider CONTEST structures, and the Prevent Ministerial Oversight Board.
2. The Interim Commissioner will monitor current system oversight structures to ensure they are holding Prevent to account on fulfilling its agreed commitments.
3. The Interim Commissioner will be consulted on any changes to existing system oversight mechanisms.

11. INVESTIGATING CONCERNS ABOUT PREVENT: The Interim Commissioner will assist in transferring of the Standards and Compliance Unit, currently based in the Commission for Counter Extremism, to the Independent Commissioner.

1. This Unit provides a clear and accessible route for the public and practitioners to raise concerns about the activity of Prevent.
2. Under the direction of the Home Secretary or Home Office Ministers, the Unit can also conduct investigations to assess complaints or concerns regarding Prevent delivery.
3. The Unit fulfils a crucial oversight function of Prevent, analysing complaints data and then informing Ministers. It publishes annual reports sharing details on numbers and types of complaints received.

Duration

12. The Interim Commissioner role will end once a permanent Independent Commissioner has been appointed, likely Summer 2025.

Oversight

13. This role will report to the Home Secretary. Additionally, the role will have oversight from Director Home Office Strategy. Policy support will be provided by the Prevent Directorate.

Resourcing

14. The Interim Commissioner will operate independently of the Prevent Directorate, but will report into and be supported by the Home Office. The Interim Commissioner will be provided with support appropriate to fulfil his responsibilities, including research or analytical support. This will also include the Standards and Compliance Unit which is currently staffed by 2.6 FTE.

Access to information

15. The Interim Commissioner will make requests for information, both written and through interviews in accordance with his functions.  It is the expectation that all relevant public bodies will comply with requests from the Interim Commissioner, including for the disclosure of documents, data or other material whose existence is not known to the Interim Commissioner but that are relevant to his enquiries.  The Prevent Directorate within the Home Office will assist the Interim Commissioner in identifying relevant sources of information and facilitating access on behalf of the Interim Commissioner.  In the (anticipated to be unlikely) eventuality that relevant public bodies are unwilling to comply with requests from the Interim Commissioner the Prevent Directorate will assist the Interim Commissioner in seeking access.  The Interim Commissioner will have direct access to the Home Secretary if he judges that information access challenges are preventing him delivering his functions.

16. The Home Office Sponsorship Unit will ensure that appropriate arrangements are made for the Interim Commissioner to store and access classified and sensitive material.

Clearance

17. The Interim Commissioner will be required to hold DV clearance. Both the Interim Commissioner and any supporting staff will be put through clearance processes as necessary to enable the effective undertaking of duties.

Conflicts of interest

18. Potential conflicts of interest should be raised with Director Home Office Strategy immediately, and appropriate action taken to manage them.