Complaints and discipline

Report: 14
Date: 12 July 2001
By: Clerk

Summary

There are three areas relating to professional standards in the MPS: complaints against police; complaints over the control and direction of the Service; and, internal discipline. The Professional Standards and Performance Monitoring Committee (PSPM) should have oversight of each to ensure justice, effectiveness and consistency. Given that complaints are an important element feedback on performance, resulting data should also be used to enable global analysis of the direction and impact that MPS policies are having on community opinion. The situation is complicated by the prospect of forthcoming legislation to change the lead body from the Police Complaints Authority to an Independent Police Complaints Commission. However, the PSPM Committee has the opportunity to directly share in an Association of Police Authorities (APA) submission to the Home Office on complaints and to influence the content of a national seminar giving guidance on the subject. Afterwards it will be well placed to define the MPA strategy on complaints and discipline.

A. Recommendation

1. That PSPM joins with the APA Personnel Committee to make a submission to the Home Office Programme Board on police complaints.
2. That PSPM awaits the APA seminar before specifying the MPA strategy on complaints and discipline.

B. Supporting information

1. Professional standards within the police service fall within three primary areas. The first is complaints against individual police officers. The Authority has responsibility under the Police Act of 1996 to 'keep itself informed as to' the handling of complaints against police in the MPS. Though inspection of the efficiency and effectiveness of the complaints process is undertaken by the Police Complaints Authority and by Her Majesty Inspector of Constabulary, it is for Members to determine how they wish to fulfil their statutory responsibility, which they currently do by the random review of completed cases. An area of adjacent interest, that would also benefit from such reviews, are cases that have been informally resolved. These are complaints which the MPS has conciliated and are not therefore not overseen or reviewed by the Police Complaints Authority. Analysis of data from both types offer significant opportunities for the strategic assessment of service provision at a local level.

2. The second area of professional standards that is of interest are complaints that the MPS does not accept as complaints against police because they relate to MPS policy rather than the manner of implementation eg: a complaint that an officer took three hours to attend a call (because that type incident is not classified as 'urgent' or 'immediate'). Complaints relating to 'control and direction' are of direct interest to Members who should have access to this information.

3. The final aspect of professional standards is internal discipline. Because these cases are instigated by a member of the MPS rather than a member of the public, the Police Complaints Authority has no right to oversee or become involved in the proceedings. Members may seek to ensure that internal discipline is fair, consistent and proportionate. Global analysis of the cases and resulting punishments will reflect MPS policy on disciplinary standards and priorities.

4. Progress on deciding the detail of a strategy to achieve the above may be hampered by uncertainty around forthcoming legislation arising from the change to an Independent Police Complaints Commission from the Police Complaint Authority. However, the Home Office Programme Board overseeing the transitional arrangements have agreed consultation arrangements and PSPM members will have the opportunity of helping the APA Personnel Issues Policy Group formulate best practice guidance for police authorities in undertaking new responsibilities on handling and overseeing complaints about the direction and control of a police service. MPA officers are already working closely with the APA Secretariat to scope the work and the APA plans to launch this guidance at a national seminar in early 2002. Clearly, we will be well placed hold a workshop to determine the detail of MPA policies and practice on complaints and discipline soon thereafter.

C. Financial implications

None.

D. Background papers

None.

E. Contact details

The author of t his report is Keith Dickinson.

For information contact:

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

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