Forensic Science Service

WRITTEN EVIDENCE SUBMITTED BY MIKE CHAN (FSS 27)

1.WHAT WILL BE THE IMPACT OF THE CLOSURE OF THE FORENSIC SCIENCE SERVICE ON FORENSIC SCIENCE AND ON THE FUTURE DEVELOPMENT OF FORENSIC SCIENCE IN THE UK?

1.1FORENSIC SCIENCE COVERS A VAST AREA, FROM DNA TO GLASS FRAGMENTS TO COMPUTER INTERROGATION. HISTORICALLY THE FSS HAS CONTRIBUTED IN THE DEVELOPMENT OF FORENSIC SCIENCE AS A WORLD LEADER.

1.2 THIS DOES NOT MEAN THAT THE FSS IS THE ONLY ORGANISATION WHICH IS CONTRIBUTING TO THE DEVELOPMENT OF FORENSIC SCIENCE IN THE UK. THE DEVELOPMENT OF FORENSIC SCIENCE IS CURRENTLY BEING CARRIED OUT BY RESEARCH INSTITUTIONS OR PRIVATE COMPANIES, BOTH WITHIN THE UK AND ALSO IN THE INTERNATIONAL COMMUNITY.

1.3 REGULAR CONFERENCES AND SEMINARS ARE HELD TO ENABLE SCIENTISTS TO SHARE KNOWLEDGE AND CO-OPERATE IN THE DEVELOPMENT OF FORENSIC SCIENCE. ALONG WITH NUMEROUS RESEARCH PANELS AND WORKING GROUPS, THE DIRECTION OF FORENSIC DEVELOPMENT IS NOT SOLELY DEPENDENT UPON THE FSS.

1.4 THE ISSUE WITH THE LOSS OF THE FSS WOULD BE WITH NON-PROFITABLE RESEARCH AND DEVELOPMENT, WHICH WILL BE RESTRICTED DUE TO THE NEED BY COMMERCIAL ORGANISATIONS TO ONLY CONDUCT RESEARCH IN AREAS WHERE THERE WOULD BE A FINANCIAL BENEFIT. THE NPIA CAN PROVIDE SOME GUIDANCE TO THE DIRECTION OF FORENSIC DEVELOPMENT, BUT THIS WILL NEED TO BE CONSIDERED AGAINST MARKET FORCES.

1.5 WE MUST ALSO CONSIDER THAT DEVELOPMENTS FOR FORENSIC SCIENCE WILL ARISE FROM RESEARCH IN AREAS OF SCIENTIFIC DEVELOPMENT OUTSIDE FORENSIC SCIENCE. FOR EXAMPLE

1.5.1 MEDICAL GENETIC SCREENING WILL PROVIDE ADVANCES FOR DNA ANALYSIS

1.5.2 ANALYTICAL CHEMISTRY WILL PROVIDE ADVANCES IN DRUGS ANALYSIS

1.5.3 MICROSCOPY WILL PROVIDE ADVANCES IN GLASS ANALYSIS

1.6 THERE ARE NUMEROUS OCCASIONS WHERE THE FSS HAS INVESTED TIME AND MONEY INTO A PROJECT WITH LITTLE CONSIDERATION TO THE REQUIREMENTS OF THE POLICE OR CPS. OFTEN RESEARCH PROJECTS WERE UNDERTAKEN FOR THE BENEFITS OF SCIENTIFIC ADVANCEMENT, RATHER THAN THE DELIVERING A PRODUCT THAT WOULD BE BENEFICIAL TO THE POLICE. FOR EXAMPLE

1.6.1 THE RESEARCH INTO LONG TERM STORAGE OF DNA SAMPLES FROM SUSPECTS ON FTA PAPER

1.6.2 LAB IN A VAN/FORENSIC RESPONSE VEHICLE

1.6.3 MINIATURISATION OF DNA PROCESSING

1.7 THERE IS THE ASSUMPTION THAT THE CLOSURE OF THE FSS WOULD BE A GREAT LOSS TO FORENSIC SCIENCE. EVEN IF THIS VALID, IS THERE ANY JUSTIFICATION IN THE FINANCIAL COST OF SUSTAINING THE FSS? CONSIDERING THE CURRENT BUDGET CUTS IN ALL PUBLIC SECTOR SPENDING, CAN THE CONTINUED FINANCING TO THE FSS BE JUSTIFIED?

1.8 WE MUST ACKNOWLEDGE THAT THE SCIENCE AND TECHNOLOGY APPLIED TO FORENSIC SCIENCE IN THE UK IS NOT EXACTLY LIKE THE WORK PORTRAYED ON TV (E.G. CSI). IN CONSIDERING THE CLOSURE OF THE FSS, WE SHOULD UNDERSTAND THE WORKING CONDITIONS AND TECHNOLOGIES OF THE FSS RATHER THAN ATTACHING A ROMANTIC NOTION CREATED FROM A PORTRAYAL OF FORENSIC SCIENCE ON THE TV.

2.WHAT WILL BE THE IMPLICATIONS OF THE CLOSURE ON THE QUALITY AND IMPARTIALITY OF FORENSIC EVIDENCE USED IN THE CRIMINAL JUSTICE SYSTEM?

2.1 REGARDLESS OF THE SERVICE PROVIDER, THE QUALITY OF FORENSIC EVIDENCE WILL BE MAINTAINED VIA ACCREDITATION AND UNDECLARED TESTS. SEVERAL BODIES/ORGANISATIONS, WHICH ARE EXTERNAL TO THE FSS, HAVE RESPONSIBILITIES OF MAINTAINING QUALITY, THESE INCLUDE UKAS, FORENSIC SCIENCE REGULATOR, ETC.

2.2 ALTHOUGH THE CUSTODIAN OF THE NATIONAL DNA DATABASE HAS HISTORICALLY BEEN HELD BY THE FSS, THIS HAS NOW MOVED BACK INTO POLICE CONTROL (NPIA) AND THEY HAVE THE RESPONSIBILITY OF ENSURING THE QUALITY OF THE EVIDENCE HELD WITHIN THE DATABASE.

2.3 IMPARTIALITY IS THE RESPONSE OF THE CRIMINAL JUSTICE SYSTEM

2.4 THE PROCESSES OF THE CRIMINAL JUSTICE SYSTEM AND THE USE OF FORENSIC EXPERTS FOR THE DEFENCE AND THE PROSECUTION SHOULD ENSURE FORENSIC EVIDENCE IS PRESENTED FAIRLY AND IMPARTIALLY.

2.5 CURRENTLY EVIDENCE PROVIDED BY THE FSS OR ANY FORENSIC SERVICE PROVIDER CAN BE CHALLENGED BY OTHER FORENSIC SCIENTISTS, WHICH WILL CONTINUE THE FUTURE, WITH OR WITHOUT THE FSS .

2.6 TO ASSUME THAT FORENSIC EVIDENCE IS ONLY IMPARTIAL DUE TO THE PRESENCE OF THE FSS IS FALSE AND OTHER FORENSIC PROVIDERS OFTEN PRESENT EVIDENCE FOR THE CPS WITHOUT ANY INVOLVEMENT OF THE FSS.

3.WHAT IS THE FINANCIAL POSITION OF THE FORENSIC SCIENCE SERVICE?

3.1 I AM NOT AWARE OF THE CURRENT FINANCIAL POSITION FOR THE FSS. ALTHOUGH THE FINANCE REPORTS ARE AVAILABLE ON THE INTERNET SINCE THE TRANSFORMATION TO GOVCO TO 2009. A BRIEF REVIEW OF THESE REPORTS RAISES SEVERAL CONCERNS REGARDING THE FINANCIAL SUSTAINABILITY OF THE FSS, IT IS UNLIKELY THAT RESTRUCTURING OR EXPANSION IN TURNOVER WILL BE SUFFICIENT IN MEETING THE COSTS OF DELIVERING THE SERVICE.

3.2 FROM PREVIOUS EXPERIENCE, THERE IS A LACK OF CONTROL OF SPENDING WITHIN THE OPERATIONAL AREAS AND THE RESEARCH DEPARTMENT OF THE FSS. ALTHOUGH THIS IS COMMON WITH MANY ORGANISATIONS WITHIN THE PUBLIC SECTOR, THE DECISION TO MOVE THE FSS TO A GOVCO STATUS SHOULD HAVE MADE THE FSS MORE FOCUSED ON FINANCIAL MANAGEMENT.

3.3 THERE HAVE BEEN OCCASIONS OF FAILURE TO TAKE A COMMERCIAL APPROACH TO LARGE SCALE RESEARCH PROJECTS, WHICH HAVE RESULTED IN NO CLEAR EXIT STRATEGIES OR BENEFIT REALISATIONS.

4.WHAT IS THE STATE OF, AND PROSPECTS FOR, THE FORENSICS MARKET IN THE UK, SPECIFICALLY WHETHER THE PRIVATE SECTOR CAN CARRY OUT THE WORK CURRENTLY DONE BY THE FORENSIC SCIENCE SERVICE AND THE VOLUME AND NATURE OF THE FORENSIC WORK CARRIED OUT BY POLICE FORCES?

4.1 SINCE THE TRANSITION OF THE FSS TO A GOVCO STATUS IN 2005, THE FORENSIC MARKET HAS BEEN DEVELOPING IN THE UK. THE PRINCIPALS OF SUPPLY AND DEMAND, ALONG WITH THE CHANGES TO THE FINANCIAL AND POLITICAL ENVIRONMENT WILL SHAPE THE PROSPECTS IN THE FORENSIC MARKET.

4.2 THE CURRENT PROSPECT ARE DIFFICULT, BUT THIS IS THE SAME ACROSS THE WHOLE ECONOMIC ENVIRONMENT IN THE UK. THE BUDGET CUTS ACROSS THE POLICE WILL PUT PRESSURE ON THE SIZE OF THE FORENSIC MARKET.

5.WHAT ARE THE ALTERNATIVES TO WINDING-DOWN THE FORENSIC SCIENCE SERVICE?

5.1 THERE IS A CORE ELEMENT OF FORENSIC WORK PROVIDED BY THE FSS WHICH NEED TO CONTINUE. THE HIGHLY PROFITABLE AREA OF DNA HAS CREATED A SUSTAINABLE MARKET, WHERE SEVERAL FORENSIC PROVIDERS ARE CURRENTLY COMPETING FOR WORK WITH THE FSS. THE SPECIALISED FORENSIC FIELDS (E.G. FOOTWEAR, FIBRES, GLASS) HAS OFTEN BEEN A LESS PROFITABLE AREA AND THE FSS HAS FINANCIALLY SUPPORTED THESE AREAS FROM THE REVENUE GENERATED FROM DNA ANALYSIS.

5.2 IF THE GOVERNMENT WISH TO RETAIN THE KNOWLEDGE AND CAPACITY TO PROCESS THE SPECIALISED FORENSIC FIELDS, THEN A PORTION OF THE FSS WILL NEED TO BE FUNDED BY THE GOVERNMENT TO ENSURE THAT THIS SERVICE CONTINUES INTO THE FUTURE.

5.3 A KEY FACTOR FOR ANY ALTERNATIVE SOLUTION WOULD BE THE EXISTING MANAGEMENT OF THE FSS. ANY INTERVENTION OR ASSISTANCE WOULD BE FUTILE WITH THE EXISTING SENIOR MANAGEMENT, MANY ARE SCIENTISTS WHICH HAVE BEEN PROMOTED INTO A POSITION OF MANAGEMENT, BUT THIS DOES NOT MAKE THEM GOOD MANAGERS OR COMMERCIALLY ASTUTE.

5.4 FROM A 'MARKET DRIVEN' PERSPECTIVE, THERE IS NO ALTERNATIVE TO WINDING-DOWN THE FSS. IT IS CLEAR THE THE CURRENT MANAGEMENT WITHIN THE FSS IS UNABLE TO CONTROL EXPENDITURE OR GENERATE SUFFICIENT REVENUE TO ENSURE THAT THE FSS IS SELF SUSTAINABLE.

5.5 THE TRANSITION OF THE FSS FROM A PUBLIC TO PRIVATE SECTOR MENTALITY IS UNNATURAL TO MANY OF THE STAFF. THERE HAS BEEN SEVERAL EFFORTS TO ADAPT, WHICH INCLUDED THE EMPLOYMENT OF EXTERNAL STAFF. FOR EXAMPLE A COMMERCIAL DIRECTOR WAS BROUGHT IN TO AID THE TRANSITION, BUT A LACK OF SUPPORT AND RESISTANCE FROM THE EXECUTIVE BOARD RESULTED IN THE COMMERCIAL DIRECTOR LEAVING HIS POSITION.

5.6 OTHER INSTANCES WHERE THE FSS HAS TRIED TO TAKE A COMMERCIAL APPROACH TO IT'S OPERATIONS INCLUDES THE APPLICATION OF LEAN AND SIX SIGMA METHODOLOGIES.

6.SO FAR AS THEY ARE KNOWN, ARE THE ARRANGEMENTS FOR CLOSING DOWN THE FORENSIC SCIENCE SERVICE, MAKING STAFF REDUNDANT AND SELLING ITS ASSETS ADEQUATE?

6.1 I AM NOT AWARE OF ANY CLEAR PLANS ON THE PROCESS OF CLOSING DOWN THE FSS. THERE HAS BEEN NUMEROUS RUMOURS REGARDING THE FUTURE PLANS, BUT I DO NOT WISH TO SPECULATE ON COMMENTS THAT ARE UNFOUNDED. IF YOU CAN PROVIDE ME WITH DETAILS, I CAN PROVIDE AN EVALUATION.

DECLARATION OF INTERESTS.

I HAVE NUMEROUS FRIENDS AND SEVERAL FAMILY MEMBERS WORKING WITHIN THE FSS, WHILE I HAVE WORKED WITHIN THE FSS FROM 1998 TO 2007, IN VARIOUS ROLES:

BUSINESS PLANNING – PROJECT MANAGER (2006 – 2007 MARCH)

COMMERCIAL DIRECTORATE – COMMERCIAL ANALYST (2005 – 2006)

BUSINESS TRANSFORMATION – PROJECT MANAGER (2002 – 2005)

PARTNERSHIP PROJECTS – SYSTEM IMPROVEMENT SPECIALIST (2000 – 2002)

OPERATIONAL UNIT – DNA ANALYST (1998 – 2000)

THIS HAS GIVEN ME A DETAILED UNDERSTANDING OF THE FSS AND A UNIQUE PERSPECTIVE AS A SCIENTIST AND AS BUSINESS ANALYST.

MY INTERESTS WITH THE FSS IS WITH THE SERVICE IT PROVIDES TO THE CRIMINAL JUSTICE SYSTEM. ALTHOUGH THE CLOSURE OF THE FSS WILL DIRECTLY AFFECT MANY FRIENDS AND FAMILY, MY OPINION IS IMPARTIAL AND FOCUSES ON THE NEED TO PROVIDE A SERVICE AND THE COST OF DELIVERING THE SERVICE.

MIKE CHAN

9 FEBRUARY 2011