Public complaints against the MPS

Report: 6
Date: 9 January 2001
By: Commissioner

Summary

This report gives an overview of complaints over the last three years and provides details of the types of allegations made and the results of the allegations. The report provides a comparison with other metropolitan forces, and some details of social factors relating to complainants. Also included is a brief analysis of data relating civil action claims.

A. Supporting information

Trends in complaint allegations – 1997/98 to 1999/2000

1. During the three years 1997/98 to 1999/00, the MPS experienced a reduction of 18 per cent in the total number of Public Complaint Allegations recorded. This can be compared with an overall reduction in the number of complaint cases of 14 per cent over the same period. (Cases can consist of multiple allegations, made by one or more complainants, against one or more officers.)

2. Between 1998/99 and 1999/00, there was an 8 per cent reduction (1998/99 = 7154; 1999/00 = 6611) in the number of allegations recorded. This compares with an average yearly reduction of 11 per cent evident over the previous three-year period.

3. Assuming that during the remainder of the current financial year, allegation figures continue to be in line with those reported in the first eight months of the year, recorded public complaint allegations appear likely to show an overall reduction of 13 per cent by the end of 2000/01 in comparison with the 1999/00 figures. This signifies a significant drop on the number of complaint allegations previously recorded.

4. It should be noted that throughout this report, complaint allegations published for the current financial year should be treated with some caution because there is a degree of fluidity within the data. This is due both to the progress of individual investigations, and in part to the manual system of data capture. The system of data capture particularly impacts upon the informal resolution figures as the process can take up to 2-3 months to conclude and be recorded. Work is currently in hand to develop an electronic means of data capture which should eventually reduce any time delays in recording and provide more stable data relating to informal resolutions.

Type of complaint allegations

5. During the first eight months of the current financial year (April–November 2000) there have been a total of 3,844 public complaints made against the MPS. The chart below shows the distribution of the complaint allegations made for this period, according to the published Home Office categories.

6. The largest proportion of the total complaints received so far this planning year (1683 allegations) relates to oppressive behaviour (43 per cent). This is also consistent with the previous three years where oppressive behaviour consistently made up over 40 per cent of all complaint allegations recorded. However, in line with the general reduction in complaints, the total number of allegations recorded relating to oppressive behaviour has continued to fall since 1997/98, when the number of complaints reached 3712 (46 per cent of the year total). Allegations within this category include assault (22 per cent of all allegations in 2000/01 to date), harassment by a police officer, unlawful arrest, and racially discriminatory behaviour.

7. Generally, the spread of allegation types appears consistent since 1997/98, with the majority of complaints since then being the result of either Assault, Failures in duty (which includes allegations such as not completing official documents to a satisfactory standard or failing to attend an incident when deployed) and Incivility.

8. Significant reductions can be seen in the majority of allegation types. For example, the number of allegations of assault has dropped from 2050 in 1997/98 to 1509 in 1999/00. This equates to a reduction of 26 per cent over the period. The number of complaints made concerning breaches of codes of practice on Stop and Searches has also fallen from 287 allegations during 1997/98 to 102 in 1999/00 (during the current financial year 76 allegations have at present been recorded). The latter decrease could partially be the result of the proportionate reduction in the use of Stop & Search over the same period.

9. There are however exceptions to the general reduction, most notably allegations of Type S - Failures in Duty, which rose from 979 complaints in 1997/98 to 1292 during 1999/00. Of particular note is the rise in the percentage of Racially Discriminatory Behaviour allegations, which has doubled from 3 per cent of all allegations in 1997/98 (235 allegations) to 6 per cent in the financial year 1999/00 (419). The most pronounced rise occurred in 1999/00 and this may in part be due to the publication of the Macpherson report.

10. It should be noted however that increases evident in both of the above allegation categories over the last three years appear to be stabilising in the current financial years figures.

Social factors relating to complainants

11. The majority of public complaints made against police officers are from male complainants, averaging over 70 per cent of the total complaints in each of the three years between 1997/98 and 1999/00. Nevertheless, as the chart below shows, the proportion of female complainants has risen from 26 per cent in 1997/98 to 31per cent in the first eight months this financial year. However, it should be noted that men are more likely to come into contact with the police. For example, men made up 85 per cent of those arrested and 55 per cent of victims (where male/female breakdown has been recorded) during the first six months of 2000/2001 (April to September). This could therefore account for the higher numbers of male complainants.

12. People between the ages of 24–44 are most likely to make a complaint; and have consistently made around half of all allegations recorded over the full three-year period. This can be compared with the level of contact with police that this age group is likely to have, for example as a victim of crime or an arrestee. (As a comparison, the proportion of 24–44 year olds accused of crime in the first six months of 2000/2001 (April to September) is 44 per cent.) The proportion of other age groups making complaint allegations have also remained fairly constant, with 17–24 year olds accounting for around 17 per cent and 45-64 year olds accounting for around 13 per cent of allegations.

Complaints allegations shown by ethnic group of complainant

13. A breakdown of complainants by ethnicity is shown below. This shows that between 1997/1998 and 2000/2001 (April to November 2000) there has been a marginal change in the proportions relating to different ethnic groups, with white complainants taking up a slightly smaller proportion of the total. The proportion of black and Asian complainants has increased slightly over this time span (moving from 29 per cent to 32 per cent). (It should be noted, however, that changes in the proportion where ethnicity of the complainant is unknown, might effect other groupings).

14. A further breakdown of allegation types by ethnicity of complainant shows that the allegations of racially discriminatory behaviour and breach of PACE code A (stop and search) are more likely to be made by minority ethnic complainants. This is illustrated in the following table, which also shows the change in proportions between 1997/98 and 2000/01. During 2000/01 to date, allegations of racially discriminatory behaviour and breach of PACE code A have taken up 6 per cent and 2 per cent of all allegations respectively. Numbers are therefore relatively low, and the smaller percentage changes should be treated with caution.

Complainants by allegation types – proportions broken down by ethnicity

15. It is of note that whilst the number of complaints relating to racially discriminatory behaviour have increased (see paragraph 9), the increase relating to different ethnic groups has not occurred equally. Whilst all ethnic groups have shown an increase in this allegation type between 1997/98 and 1999/00, the numbers of allegations relating to white, black and Asian complainants have increased by 50 (161 per cent), 75 (62 per cent) and 35 (85 per cent) respectively.

16. Between 1997/98 and 1999/00, the reduction in the numbers of allegations relating to breach of PACE code A (see paragraph 8) occurred relatively evenly across all ethnic groups. The numbers of allegations relating to white, black and Asian complainants reduced by 84 (68 per cent), 72 (64 per cent) and 7 (64 per cent) respectively between 1997/98 and 1999/00. Figures for the current year, however, indicate that whilst all ethnic groups show reductions, the level of reduction is lower for black and Asian complainants.

Outcome of allegations made

17. Results of completed complaint allegations are categorised as either substantiated, unsubstantiated, informally resolved, withdrawn/not proceeded with, or dispensed with by PCA as incapable of investigation. Since 1997/98, there has been a year on year reduction in the number of allegations completed. This has followed the reduction in complaint allegations made over the same period. During 1997/98, 8881 allegations were finalised, with this dropping to 6833 in 1999/00 (23 per cent reduction).

18. The chart below shows the breakdown of outcomes of the allegations completed during April 2000 to November 2000, which total 3932 so far:

19. As the chart highlights, since April 2000 29 per cent of all complaint allegations completed have been resolved informally with the consent of the complainant. This compares with the percentage informally resolved during 1998/99 and 1999/00, which were 34 per cent and 31 per cent respectively.

20. Allegations withdrawn or not proceeded rose slightly from 14.5 per cent of total allegations completed in 1998/99 to 16.5 per cent in 1999/00, and are currently at 13 per cent in the year to date.

21. Complaints are categorised as unsubstantiated if after full investigation, there is insufficient evidence to corroborate the complaint. During 1998/99 and 1999/00, 26 per cent and 24 per cent of complaint allegations were unsubstantiated. HMIC are conducting an inspection that will incorporate the dip-sampling of unsubstantiated complaints and this will provide further information on their nature.

22. In 1998/99 and 1999/00, 24 per cent and 26 per cent of complaints were dispensed with. Complaints are resulted in this way following a request that the PCA grant a dispensation from the requirement to investigate the complaint. The most common reason for this is due to lack of co-operation from the complainant, for example where they have not responded to attempts to contact them. In other cases, complainant's solicitors have advised their client not to contact the police until after the outcome of any civil action.

23. There has also been a slight increase in the number of substantiated allegations made (1998/99 = 146; 1999/00 = 168). This follows a reduction from 236 complaints substantiated in 1997/1998. However, expressed as a percentage of the total allegations completed each year since 1997/98, there is little variation and has remained relatively constant at approximately 2.2 per cent over the period.

24. The substantiation rates on certain allegation categories are of note, and do appear to have risen, although actual numbers are low. Type M – Breach PACE code C (Detention, treatment & questioning of prisoners) rose from 10 allegations substantiated in 1998/99 to 28 allegations substantiated in the following year (Year to date = 8). There has also been a rise in the number of substantiated complaints concerning Oppressive Conduct/Harassment (1998/99 = 8; 1999/00 = 14). Simultaneously, the number of allegations substantiated concerning Racially Discriminatory Behaviour has fallen (1998/99 = 6; 1999/00 = 1).

Comparison with other metropolitan forces

25. In accordance with the Best Value Performance Indicators set to monitor Public complaints against police officers, it is possible to compare the MPS performance against the six major Metropolitan Forces. (These forces being Greater Manchester, Merseyside, West Midlands, West Yorkshire, South Yorkshire and Northumbria).

26. The combined six Metropolitan Forces between 1996/97 and 1999/00 have shown a 13 per cent reduction in the total number of allegations recorded overall. This is in comparison to the 18 per cent reduction seen in the number of allegations within the MPS during the period of 1997/98 and 1999/00.

27. The proportion of public complaint allegations substantiated throughout this period for the MPS has remained constant at approximately 2.2 per cent. However, the combined six Metropolitan forces showed a lower average substantiation rate of 1.4 per cent overall for 1996/97 to 1999/2000.

28. Of the total public complaint allegations recorded by the collective six Metropolitan Forces, the proportion informally resolved with the consent of the complainant averaged 35 per cent over the period 1996/97 to 1999/00. The MPS informally resolved 34 per cent and 31 per cent of allegations during 1998/99 and 1999/00 respectively.

Civil actions against the MPS

29. Work has recently been undertaken to provide more information relating to ethnic monitoring of civil action claims. During the thirteen-month period November 1999 to November 2000, the ethnicity of civil action claimants, and the nature of all claims that included an allegation of racist conduct, were recorded.

30. During this time a short analysis showed a total of 620 forms were submitted. Of these, 229 (37 per cent) related to white claimants, 179 (29 per cent) related to black claimants, and 23 (4 per cent) to Asian claimants. (Note: In around a quarter of the forms submitted, ethnicity of claimant was recorded as "unknown", and could therefore skew any analysis of the data).

31. 13 per cent of the forms (78 cases) included an allegation of racist conduct by police officers. In five of these cases, racist conduct was the principal allegation of the claim. Of the 78 cases that included an allegation of racist conduct, 78 per cent (61 cases) were from black claimants.

32. The civil action analysis also allowed the allegation of racist conduct to be categorised into being the result of either an arrest, stop and search, or arrest following stop/search. 54 per cent of all allegations of racist conduct were the result of an arrest only, and 18 per cent resulted from arrest/stop and search. 10 per cent (8 cases) arose solely out of stop and search, and in each case related to a black claimant.

Future actions planned

33. There are a number of initiatives currently being worked upon with the aim of improving police officer behaviour. Under the ethos of Best Value, additional work is underway to make the complaints process more accessible to members of the public. This work may in the future, ultimately increase the total number of complaints made.

34. At present, the Directorate of Professional Standards (DPS) is working upon identifying 'Recidivist Officers', the definition of which is currently being discussed. Once these officers of concern have been identified, a number of actions may be used to draw the officers' attention to their behaviour and introduce a development plan to correct it. In extreme cases, this action may include subjecting the officers to 'Quality Assurance Testing', this is presently in its early stages and in the future it is planned to look at the officers' complete discipline history and all events such as public complaints, internal investigations & civil actions.

35. In order to address previous criticism from both members of public and police officers around timeliness and lack of contact during police complaints investigations, the DPS is now introducing a revised investigative team structure and the adoption of corporate standards. These measures will streamline investigation and will ensure that standards of timeliness and contact with members of the public and police officers are adhered to.

36. A number of factors relating to timeliness have also been identified that are outside police control. Additionally, delays on the part of the complainant have been identified which can often occur after engaging the services of a solicitor. DPS is seeking to address customer satisfaction levels in a number of areas and have entered into a "Learning Lab" with the Police Complaints Authority and Crown Prosecution Service to streamline these processes. Likewise, there has been consultation with the Police Federation in respect of delays incurred in the process by their clients and solicitors acting for them.

B. Recommendations

Members are asked to note the report.

C. Financial implications

None.

D. Review arrangements

A further performance report will be provided, in this format, for the April meeting.

E. Background papers

The following is a statutory list of background papers (under the Local Government Act 1972 S.100 D) which disclose facts or matters on which the report is based and which have been relied on to a material extent in preparing this report. They are available on request to either the contact officer listed below or to the Clerk to the Police Authority at the address indicated on the agenda.

None.

F. Contact details

The authors of this report are Laura Parry and Lesley Nichols, MPS Corporate Performance Analysis Unit, with Bill Bedford and Michael Clark, MPS Directorate of Professional Standards.

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Send an e-mail linking to this page

Feedback