Disciplinary cases involving police staff (Report for the period 1 April 2008 – 31 March 2009)

Report: 8
Date: 30 June 2009
By: Director of Human Resources on behalf of The Commissioner

Summary

This report provides information and statistical data in relation to police staff who are subject to gross misconduct disciplinary proceedings. It addresses issues relating to diversity and proportionality. The report relates to the period 1 April 2008 to 31 March 2009, and is compared to the period 1 April 2007 to 31 March 2008.

This report provides an update in relation to issues of induction, supervision and integration for Police Community Support Officers (PCSOs), since the publication of a paper submitted to the SOP Committee in February 2009 by Human Resources and to the June SOP Committee by Territorial Policing

A. Recommendations

That Members note the report.

B. Supporting information

1. The procedures are intended to help and encourage all employees to achieve and maintain acceptable standards of conduct, performance and attendance, and to provide a fair and effective method of dealing with alleged breaches of these standards.

2. The management of police staff discipline is a devolved function to local line managers. Both line managers and Human Resources Managers access the HR Practice Support Team for advice and guidance in this area. The HR Practice Support Teams responsibilities include monitoring the use of the discipline policy and ensuring the consistency and integrity in its application.

Comparator discipline activity for the periods under review

3. 1 April 2007 - 31 March 08
As of 31 March 2008 18,589 members of police staff (including PCSOs) were employed by the MPS. During this period, 104 disciplinary cases of gross misconduct were recorded, representing 0.56% of the total number of police staff employed.

4. 1 April 08 - 31 March 09
As of 31 March 2009, 19,057 members of police staff (including PCSOs) were employed by the MPS. During this period, 107 disciplinary cases of gross misconduct were recorded. This figure also represents 0.56% of the total police staff employed.

Roles of police staff subject to disciplinary action

Police Community Support Officers (PCSOs)

5. Of the 104 cases recorded during the period 1 April 2007 to 31 March 2008, 49 (47.1%) cases were recorded against PCSOs. As at 31 March 2008, PCSOs made up 23% (4,226) of the total police staff workforce.

6. Of the 107 cases recorded during the period 1 April 2008 to 31 March 2009, 51 (47.6%) cases were recorded against PCSOs. As at 31 March 2009, PCSOs made up 24% (4,566) of the total police staff workforce.

7. PCSOs remain over represented in the disciplinary process. At paragraphs 32 to 41 information is provided detailing learning and prevention currently ongoing involving PCSOs, the purpose of which is to minimise the risk of this group falling into the discipline process.

Communication Officers- Command and Control Centres (CCC)

8. In the year 1 April 2007 to 31 March 2008 9 (8.6%) were recorded against Communication Officers. Of the 107 cases recorded between 1 April 2008 and 31 March 2009 5 (4.7%) were recorded against Communication Officers. This represents a reduction of 4 (3.9%) cases.

9. This improvement is attributed to the completion of the Central Communications Command (CCC) change programme and the integration of staff within this new environment. In addition during this change to support staff the HR Practice Support Team worked with local management in providing professional standards training, guidance and support to line managers at the three CCC sites across the MPS.

Other MPS Police Staff Groups

10. The remaining 51 police staff discipline cases recorded from the 1 April 2008 to 31 March 2009 are evenly distributed across a number of roles, bands and locations. Analysis of this data did not identify any locations or (B)OCUs that required proactive intervention by the HR Practice Support Team.

Diversity information

Gender

11. In the period 1 April 2007 to 31 March 2008 35 (34%) cases were recorded against females and 69 (66%) against males. As of 31 March 2008, females made up 53% of the total police staff workforce.

12. In the period 1 April 2008 to 31 March 2009 33 (31%) cases were recorded against females and 74 (69%) against males. As of 31 March 2009, females make up 53% of the total police staff workforce.

Ethnicity

13. In the period 1 April 2007 to 31 March 2008 44 (42%) cases were recorded against staff classified as being from a black and minority ethnic group. As at 31 March 2008, staff from a black and minority ethnic group made up 25% of the total police staff workforce.

14. In the period 1 April 2008 to 31 March 2009, 47 (44%) cases were recorded against staff from a black and minority ethnic group. As at 31 March 2009, staff from a black and minority ethnic group made up 26% of the total police staff workforce.

15. Much that we are aware that there is some apparent disproportionality, we are satisfied that each case is appropriate and proportionate. As highlighted between 1 April 2008 to 31 March 2009, PCSOs represented 47.6% of the total number of police staff discipline cases. However, whilst black and minority ethnic PCSOs make up a higher percentage of the PCSO workforce, the role itself has consistently featured within the disciplinary process, therefore intervention activities have been focused on the integration of the role within the MPS and not specifically on ethnicity.

Disability

16. Disabilities declared by members of staff are recorded on MetHR. This information has not been declared or collated specifically for disciplinary purposes and relies on voluntary disclosure by individuals.

17. In the year 1 April 2007 to 31 March 2008 none of the 104 cases of discipline were against disabled employees. Of the 104 cases, 81 were against employees who declared they had no disability and 23 employees who chose not to confirm their disability status.

18. In the year 1 April 2008 to 31 March 2009 of the 107 cases of discipline, 2 (1.8%) were against disabled employees. Of the 107 cases 60 were against employees who declared they had no disability and 45 employees who chose not to confirm their disability status. The small size of this total suggests that there is no issue to explore and be concerned about at this stage.

19. Additionally, police staff discipline procedures make specific reference to disabled members of staff and state “consideration must always be given to an individual’s disability when contemplating any disciplinary action and in conducting the disciplinary procedure in relation to a disabled member of staff”. Advice is sought from the local HR Manager, Occupational Health and the appropriate Practice Manager to ensure compliance with the Disability Discrimination Act.

Equality Strands - Age, Faith, Sexual Orientation

20. This information has not previously been collated specifically for disciplinary purposes. Ongoing monitoring by the Practice Support Team will try to capture this information if available.

Category of Case

21. The top five categories resulting in a disciplinary sanction in the year 1 April 2008 to 31 March 2009 were:

• Driving offences - 12 cases (11%)
• Assault 12 - cases (11%)
• Inappropriate comments and behaviour - 11 cases (10%)
• Unauthorised absence - 9 cases (8%)
• Computer misuse - 9 cases (8%)

22. Driving offences and assaults were the two most significant causes for disciplinary action and resulted from staff receiving criminal convictions. Of the 24 cases recorded, 14 (58%) concerned PCSOs.

Although still highlighted as one of the top five categories, computer misuse has seen a positive reduction in case numbers. Cases during the reporting period 1 April 2008 to 31 March 2009 compared to 1 April 2007 to 31 March 2008 have fallen by 5 cases.

Timeliness

24. In the majority of cases of gross misconduct, individuals are suspended from the workplace pending the conclusion of the investigation and / or disciplinary hearing. During the period 1 April 2007 to 31 March 2008 of 55 cases where individuals were suspended from the workplace, it took an average of 125 days for each case to be concluded.

25. During the period of 1 April 2008 to 31 March 2009 of the 73 cases where individuals were suspended from the workplace, it took an average of 82 days for each case to be concluded, representing an average reduction of 43 days in concluding cases. This improvement is attributed to the establishment of the HR Practice Support Dedicated Investigative Team who now take primacy for the investigation of the serious and complex gross misconduct cases.

Suspensions

26. Suspension is most commonly used in cases of alleged gross misconduct where the likely outcome is dismissal. All disciplinary cases that could result in dismissal must be verified by the HR Practice Support team before any action is taken.

27. The Suspension list changes on a daily basis as people are included or removed from the list dependent on the outcome of the discipline investigation. Typically at any given period of time an average between 20 and 25 members of police staff are suspended. For example:

• On 31 March 08 - 18 members of police staffs were suspended.
• On 31 March 2009 - 22 members of police staff were suspended.

28. Suspension is not a disciplinary sanction and is entirely without prejudice to the outcome or conduct of any subsequent proceedings. The circumstances justifying suspension are recorded and monitored by the Practice Team and weekly updates are sought from investigating officers to encourage timely progress and minimise the risk of lengthy suspension periods.

29. Those suspension cases which feature criminal aspects have to be managed within the constraints of working with internal agencies such as the Director of Professional Standards (DPS) and external agencies such as the Director of Public Prosecutions and the Independent Police Complaints Commission. The Director of Human Resources receives a list of suspensions every week and reviews each case.

Case Outcomes at Gross Misconduct

30. In the year 1 April 2007 to 31 March 2008 the outcome of cases was as follows:

• Formal reprimand – 32 cases. Of this 20 (63%) were white and 12 (38%) were black and ethnic minority.
• Dismissal – 60 cases. Of this, 29 (48%) were white, 28 (47%) black and ethnic minority and 3 did not state ethnicity.
• Resignations prior to the disciplinary board – 12 cases. Of this, 8 (67%) were white and 4 (33%) were black and ethnic minority.

31. In the year 1 April 2008 to 31 March 2009 the outcome of the 107 cases was as follows:

• Formal reprimand – 26 cases. Of this, 12 (46%) were white and 14 (54%) were black and ethnic minority groups.
• Dismissal – 63 cases. Of this, 37 (59%) were white, 23 (36%) were black and ethnic minority and 3 (5%) did not state ethnicity.
• Resignations prior to the disciplinary board – 13 cases. Of this, 4 (31%) were white, 8 (62%) were black and ethnic minority and 1 (8%) did not state ethnicity.
• No further action – 4 cases.
• Reverted to misconduct - 1 case

Analysis of dismissal case outcomes against ethnicity does not reveal any significant disproportionality.

Building Capability

32. In 2008 the HR Practice Support team completed research into factors and issues that have attributed to higher instances of PCSO discipline. A report was considered by the MPA in February 2009 and HR have commenced work to deliver the conclusions contained within the report. This involves partnership working with Territorial Policing (TP) who delivered their own progress report to the MPA on 4 June 2009.

33. The following information builds upon the June report and confirms HR activity to progress on the research conclusions and reassure MPS commitment to fully integrating the PCSO role thereby minimising the risk of this group falling into the disciplinary process.

Initial Training

34. The HR Practice Support Team in collaboration with the Training School conducted a review of key elements within the six-week PCSO Foundation Training. The review focused on the professional standards inputs delivered throughout the training programme.

35. The existing standards lesson has been thoroughly revised and updated to include the Commissioners 5 Ps - Presence, Pride, Professionalism, Productivity and Performance and how they relate to values and behaviours. Other lessons have also been amended throughout the six-week programme.

36. The diversity package delivered as part of the PCSO foundation course has also been reviewed and updated, in consultation with the Diversity and Citizen Focus Directorate (DCFD). Corporate material has now been incorporated into the package, such as customer focus and the again the Commissioners 5 Ps.

37. On the final day of the PCSO Foundation programme, the HR Practice Support Team have introduced a session focussed entirely on professional standards. It was piloted for the first time on 6 May to capture the first cohort of PCSOs graduating since publication of the report. The session is delivered by senior managers from the HR Practice Support Team and draws upon previous case data. The session ends with a strong message around expected standards of conduct and behaviour and it compliments and reinforces messages and lessons provided throughout the programme. To date over 250 new PCSOs have been through the revised programme.

Local PCSO Induction

38. Following a successful pilot, a PCSO Tutor scheme is being introduced service wide. This model provides PCSOs in their formative three weeks of operational deployment a tutor PCSO to guide and support them in their role.

The Government Security Zone (GSZ)

39. The Feb 2009 report highlighted that PCSOs working within the GSZ were more likely to be subject to discipline in comparison to their colleagues working within local Safer Neighbourhood Teams. A number of potential causal factors were identified for this. As a result of these report findings along with other work completed to assess the GSZ role, senior managers are currently reviewing respective boundaries, deployment and staffing levels. A business case for additional training that will focus upon Counter Terrorism issues relevant to the GSZ role has been produced and is currently under consideration. It is expected that these changes will positively contribute to improvements in the effectiveness of the role.

Applying PCSO Learning to other Police Staff Roles - Organisational Learning

40. Learning lessons from PCSO recruitment, training and Induction, the HR Practice Support Team are currently working with the Training Business Partner for Territorial Policing. This is to adapt key messages and learning taken since the inception of PCSO role for future inclusion in future extended family initiatives such as the Dedicated Detention Officer (DDO) Foundation Training Programme.

Transforming HR (THR) – Organisational Capability

41. A ‘go live’ date for December 2009 has been set for the roll out of the THR programme. Disciplinary and other professional standards processes are being fully integrated into the new THR model. In preparation for ‘go live’ a new HR intranet site was launched on 8 June 2009. This site gives all MPS employees easy access to all HR guidance including disciplinary information. The entire subject areas within this site contain a list of commonly asked questions with answers as well as a toolkit of associated documents to be used by managers and staff.

Abbreviations

B(OCU)s

Borough Operational Command Units

CCC

Command and Control Centres

DCFD

Diversity and Citizen Focus Directorate

DDO

Dedicated Detention Officer

DPS

Director of Professional Standards

GSZ

Government Security Zone

HR

Human Resources

SOP

Strategic and Operational Policing

THR

Transforming HR

TP

Territorial Policing

C. Race and equality impact

1. As part of the review of the police staff disciplinary procedures, a corporate policy workbook has been completed to ensure that adequate consultation takes place in relation to the impact the policy may have on various groups within the MPS.

2. The police staff discipline policy is due for its 3 year review and this will commence in July 2009 and involve full consultation with all of the trade unions and staff associations.

3. In the interim and in the event that any member of staff feels that the disciplinary process has not been applied proportionately or fairly, they have full and proper recourse to appeal procedures contained within the policy. Representations may also be made through their line manager or staff support representative.

4. In addition to the policy workbook, six monthly monitoring reports are produced to meet the requirements of the Race Relations Amendment Act.

5. The introduction of the Equalities Scheme has provided the MPS with a framework for monitoring commitment to equality and capturing performance management activity and routines. Such information assists and informs the organisation’s cultural approach to this activity area and enables identification of issues to assist in informing intervention activities designed to minimise the risk of staff falling into the disciplinary process.

D. Financial implications

There are no specific financial considerations arising from this report.

E. Background papers

• MPS PCSO Reports to SOP in February 2009 and June 2009

F. Contact details

Report author: Darren Bird, Assistant Director HR Services and Debbie Ralph, HR Practice Support Manager, MPS

For more information contact:

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

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