Minutes

Minutes of the Professional Standards and Complaints Committee of the Metropolitan Police Authority held on 19 July 2007 at 10 Dean Farrar Street, London SW1H 0NY.

Present

Members

• Reshard Auladin (Chair)
• Tony Arbour
• Damian Hockney
• Elizabeth Howlett (Deputy Chair)
• Karim Murji
• John Roberts
• Richard Sumray

MPA officers

• David Riddle (Deputy Chief Executive and Solicitor to the Authority)
• Hamida Ali (Policy Development Officer, Race and Diversity Unit)
• Ruth Hasting Iqball (Committee Services)

MPS officers

• Glyn Bailey (HR Policy Development Co-ordination Manager)
• Darren Bird (Temp/Assistant Director, HR Services)
• Hamish Campbell (D/Chief Superintendent, OCU Commander, Directorate of Professional Standards)
• Esme Crowther (Head, Employment Tribunal Unit)
• George McAnuff (Assistant Director, HR Services, Core Support)
• Paul McGregor (Superintendent, DPS)
• Eleanor Ryan (Deputy Director Services)
• John Yates (Assistant Commissioner, Special Services)

1. Apologies for absence

(Agenda item 1)

Apologies for absence were received from Jenny Jones and Rachel Whittaker (members), Claire Lister (Professional Standards Officer), Stuart Osborne (Commander, DPS) and Paul Madge (Director of People Development).

2. Declarations of interests

(Agenda item 2)

No declarations of interests were received from members.

3. Minutes of Professional Standards and Complaints Committee: 12 April 2007

(Agenda item 3)

Resolved – That the minutes of the Professional Standards and Complaints Committee meeting held on 12 April 2007 be agreed.

4. Minutes of the Professional Standards Cases Sub Committee (PART 1): 12 April 2007

(Agenda item 4)

Resolved – That the minutes of Professional Standards Cases Sub Committee (part 1): Thursday, 12 April 2007 be noted.

5. Complaints management information

(Agenda item 5)

The Committee received a report containing complaints management data for the 12 months to April 2007. It focused on the key changes or exceptions within the data, as trends are slow to change. It also contained at appendix 1 and 2 complaints management and equality data in relation to ‘family group 4’, the boroughs Barnet, Brent, Croydon, Ealing, Haringey, Islington and Newham.

Members noted the rise in ‘failure in duty’ allegations and asked about plans to improve this figure. Members were informed this was to be covered in greater depth at agenda item 11 on the Professional Standards Support Programme, which provided tailored support and training to boroughs. Members were informed that it was difficult to meet the target for submitting requests for discontinuances, as there were statutory time limits around the period given to complainants to respond. Members requested that the next management information report contain more information about ‘discriminatory behaviour’. The Chair requested that MPA officers should work with MPS to develop the report’s format to provide more meaningful assessment of trends and of action being taken to address trends, and to provide more by way of narrative explanation of headline figures. The Chair noted that the proportion of local resolutions undertaken by the DPS had increased and asked why this was the case. He was informed that the DPS, with its expertise, could handle cases quicker. However, this was going to have to change in the future. It was requested that the next report provided more narrative around the figures provided in relation to decisions made by the Independent Police Complaints Commission (IPCC).

Member discussed appendix 1 and 2. They were informed the difference between borough complaint numbers could be because some boroughs were better at recording complaints. The Chair asked if the ‘mystery shopper’ exercises were still taking place. Members were informed that they had not taken place in the last year. The Deputy Chief Executive asked about the lack of ethnicity data surrounding complaints. He was told that this data could not be ascertained from letters of complaint, but efforts were being made to try to improve this data.

Resolved – That

1. the report and the illustration of trends in the report and the borough performance information contained in Appendices 1 and 2 be noted; and
2. further information be provided in the next complaints management report as outlined above.

6. Business interests, secondary employment and political activities

(Agenda item 6)

A report was received outlining the proposed stance of the Metropolitan Police Service (MPS) on business interests, secondary employment and political activities for both police officers and police staff and a standard operating procedures to be followed when seeking authority for such an activity. The Chair commented that it was a thorough report, but left some questions unanswered. Members felt that the recommendation that the Director of Human Resources (HR), in conjunction with MPS’s Management Board and the MPA, gave consideration an amnesty period for business interests was entirely inappropriate, and they were informed that the Director, HR, also took this view. The Committee requested that the Directorate of Legal Services be approached on the interpretation of the Human Rights Act 1998, as other legislation such as The Working Time Regulations 1998 might take precedence. In answer to questions, it was suggested that performance monitoring procedures should pick up any fall off in performance due to secondary employment. The Deputy Chief Executive stated that he would ask Internal Audit to look at internal controls for monitoring business interests as part of its audit of OCUs.

Resolved – That

1. the report and the proposed standard operating procedure in respect of business interests, secondary employment and political activities be noted;
2. members would contribute to the on-going consultation process; and
3. members should be consulted before the proposed standard operating procedures were finalised.

7. Employment Tribunals

(Agenda item 7)

This regular report to the Professional Standards and Complaints Committee contained management information and performance analysis on employment tribunal (ET) claims brought against the Commissioner in the financial year April 2006 to March 2007 compared with April 2005 to March 2006.

Members asked about vexatious complainants who brought multiple ET cases complaints against the MPS. They were informed that the MPS did not have complainants that an ET would consider vexatious, but did have officers and staff who made multiple complaints. Extra support was provided to the line managers of such people. Members request more data concerning multiple complaints in the next report.

It was noted that 21 cases were over 400 days old. Members were informed that this figure was in respect of the period 2005/06. The figure for 2006/07 was lower with 11 cases over 400 days. Delays could be caused by complex internal investigations or referrals to the IPCC referrals. Additionally some ETs were providing hearing dates many months ahead. Members suggested that alternative locations be sought.

Members were informed that ET cases brought by members of the public were made by those who had failed to be recruited to the MPS and that the benchmarking of the MPS’s performance in relation to ETs with other police services and similar organisations would be made easier now that a performance and learning manager had been employed. A lengthy study had been initially proposed by the Diversity and Citizen Focus Directorate around issues of disproportionality, but because of re-sourcing difficulties it had been agreed that a narrow and faster study be completed.

Resolved – That members note the report.

8. Disciplinary cases involving police staff (half yearly report – period 1 April 2006 – 31 March 2007)

(Agenda item 8)

Members received a report providing management information and statistical data in respect of police staff who found themselves subject to disciplinary proceedings. The report concentrated upon discipline cases from April 2006 to March 2007 compared to the period April 2005 to March 2006. The report specifically addressed issues relating to diversity and the matter of proportionality.

Questions were asked about remedial action taken in relation to non-attendance due to sickness. The Chair noted that although action was being taken in relation to disproportionality the figures were not changing and asked if a different approach was required. He felt it was not enough to just recognise the problem if things did not change. Members asked whether Police Community Support Officers, who performed a similar service to police officers, should be dealt with by the DPS not HR. It was explained that police officers were disciplined under police regulations and police staff under employment legislation, however DPS and HR worked together closely over discipline matters.

Resolved – That the report be noted.

9. Fairness at Work policy

(Agenda item 9)

The Committee received a report contains management information and performance analysis in respect of the Fairness at Work Policy (FAWP) and provided statistical data and analysis in respect of matters raised through the FAWP. It concentrated upon FAWP cases submitted in the financial year April 2006 to March 2007 compared to the previous financial year. Members were informed that about 25% of police officers, who because they were employed under police regulations could make a case to the Employment Tribunal without going through the FAW procedure, did not use it.

Members again noted the disproportionality in the report. The AC, Special Services, stated he would take this up with the DAC responsible for Diversity and Citizen Focus. In answer to questions, he assured the Committee that high level issues discussed by the Equal Opportunities and Diversity Board were discussed and followed by the MPS’s Management Board.

Resolved – That the report was noted.

10. Review of the standard of Directorate of Professional Standards management information systems for monitoring recommendations for organisational learning

(Agenda item 10)

This report provided members with details of work undertaken by the MPA to review the management information systems used by the DPS for monitoring compliance with recommendations for organisational learning made within the context of public complaints and conduct investigations. Since the report had been circulated, a further appendix had been added, reflecting discussion that had since taken place with the IPCC. The Deputy Chief Executive provided clarification that the IPCC had not declined to provide information to the MPA but rather had not been able to provide the data requested. This was because of limitations inherent in IPCC data systems. . This was now being remedied. The IPCC had offered to extract all recommendations relating to specific fields, such as traffic accidents. It was agreed that subjects selected should be included in the proposed workplan at item 14.

Resolved – That

1. the progress that has been made by the MPA in monitoring recommendations for organisational learning be noted; and
2. the Committee would welcome further collaboration with IPCC on this work; and
3. the topics to be monitored would be included in the Committee’s workplan.

11. Update on progress of Professional Standards Support Programme (family group 2)

(Agenda item 11)

Members received a report setting out progress in respect of the Professional Standards Support Programme and specifically reviewing family group 2 of borough operational command units.

The Committee voiced its support of the Programme and asked how the Programme would ensure that its work with boroughs would be sustained. Members were informed that support was constantly available from DPS, and that contact was made with new borough commanders. The MPA’s Inspectorate monitored the success of the Programme and closing reports for would be made available to each borough’s link member.

Resolved – That the progress made in respect of the PSSP since the launch in November 2006 be noted.

12. Annual report

(Agenda item 12)

The full Authority had agreed that each committee should produce an annual report on its activities providing a summary of the key issues that had been discussed and decisions made. Members received the draft report of the Professional Standards and Complaints Committee and asked to approve it.

Resolved – That the draft annual report be approved for submission to the full Authority.

13. Membership of the Professional Standards Cases Sub-Committee 2007-08

(Agenda item 13)

The Committee was asked to appoint the Chair, Deputy Chair and membership of the Professional Standards Cases Sub Committee for 2007-08.

Resolved – That

1. Reshard Auladin be appointed Chair, Rachel Whittaker Deputy Chair and Tony Arbour, Cindy Butts, Damian Hockney, Elizabeth Howlett, John Roberts, Aneeta Prem and Richard Sumray be appointed members of the Professional Standards Cases Sub Committee; and
2. it be agreed that in general pension forfeiture and other cases should be heard by not more than five members.

14. Professional Standards and Complaints Committee Workplan 2007-08

(Agenda item 14)

Members received a draft workplan for the Professional Standards and Complaints Committee for 2007- 08 for endorsement.

It was agreed that organisational learning should be added to the programme. It was also requested that the timetabling of reports relating to ETs, FAW and disciplinary cases involving police staff reports be looked at again.

Resolved – That the work plan for 2007-08 be endorsed subject to the amendments noted above.

15. Exclusion of press and public

(Agenda item 15)

A resolution was put to exclude the press and public from the meeting during remaining items on the agenda as it was likely to disclose exempt information as described in Schedule 12(a) of the Local Government Act 1972 (as amended).

Resolved - That the press and public be excluded from the meeting during discussion of the remaining items on the agenda.

16. Minutes of Professional Standards Cases Sub Committee (Part 2): 12 April 2007

(Agenda item 14)

Resolved – That the minutes of professional standards cases sub committee (part 2): 12 April 2007 be noted.

17. Employment Tribunals - exempt appendices

(Agenda item 17)

The exempt appendixes were noted. It was noted that the amount an ET could award was unlimited and that costs were recently awarded to the MPA.

18. Summary of suspended police officers and police staff as at 17 May 2007

(Agenda item 18)

A report was received containing details on all 24 Metropolitan police officers suspended from duty and the 33 police staff suspended. Members were informed that this number had fallen to 31 since the report had been written.

Resolved – That summary for information contained in the report be noted.

19. Application for funding for legal representation

(Agenda item 19)

There were no applications for legal finding.

20. Excited delirium (acute behavioural disturbance) – oral presentation

(Agenda item 17)

The presentation was postponed to another meeting, as the speaker was unavailable.

The meeting ended at 12.15 pm

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