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FFW Advises Home Office on Outsourcing of National DNA Database

15 February 2006

Field Fisher Waterhouse (FFW) has advised the Home Office on the outsourcing of the operations and maintenance of the National DNA Database.  The database will be run by the Forensic Science Service (FSS) and will be overseen by a board which includes representatives from the Home Office, the Association of Chief Police Officers, the Association of Police Authorities and representatives from the Human Genetics Commission.

The National DNA Database was set up in 1995 and holds records of the DNA of known criminals.  The use of DNA records is of enormous value to the police who are able to match DNA from the scene of a crime with the database records in order to place potential suspects at the scene of a crime. 

Following the FSS’s transformation from a Home Office Trading Fund to a separate, Government-owned company,  on which FFW also recently advised, it was necessary to draw up an arrangement for the outsourcing of the operations and maintenance of the database to the FSS.  The FSS will be responsible, amongst other things, for loading DNA profiles onto the database to search for matches and reporting these back to police forces. This puts their previous responsibility under a clearly contracted footing with the Home Office for three years, commensurate with the FSS’ more commercial position in the forensic market.

The outsourcing arrangement was drafted to comply with OGC (Office of Government Commerce) best practice and Government’s value for money requirements.  FFW negotiated the inclusion of provisions to allow benchmarking of the service, an obligation for the technology to be refreshed and ‘step in-step out’ rights. 

Technology Partner, Paul Barton led the FFW team, assisted by solicitor, Marcus Turle.
This project underlines FFW’s position as a leading adviser on public sector outsourcing agreements and follows on from IT outsourcing agreements recently negotiated by Paul for the Learning and Skills Council and the UK Passport Service.  FFW also recently boosted its IT practice with the appointment of IT and outsourcing expert, Simon Briskman and technology partner, David Naylor.

Paul Barton said:

“The negotiation process was complex due to the sensitive nature of DNA information, which created additional liability issues.  I am delighted to have delivered a robust outsourcing arrangement which will ensure a consistent level of service for the client, that the technology used in the provision of the service is constantly updated and the integrity and standard of the database is preserved.”

Charles Russell advised the FSS.

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Louise Eckersley, PR Executive, on 020 7861 4120

Ben Girdlestone, Communications Manager, on 020 7861 4968

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