Disciplinary cases involving police staff (yearly report – period 1 April 2010 – 31 March 2011)

Report: 11
Date: 13 September 2011
By: Deputy Assistant Commissioner on behalf of the Acting / Commissioner

Summary

This report provides information in respect of police staff whom are the subjects of disciplinary proceedings. It specifically addresses issues relating to equality and diversity. The report concentrates on discipline cases from 1 April 2010 to 31 March 2011. The data and trends from this reporting period are compared to the period 1 April 2009 to 31 March 2010.

A. Recommendations

1. That the report be noted.

B. Supporting information

1. The aim of the police staff discipline policy is to promote positive and constructive working relationships amongst the Metropolitan Police Service staff. 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. Line managers can access the Deputy Commissioners Portfolio, Practice Support Team for advice and guidance in this area. The Practice Support Team’s responsibilities include monitoring the use of the discipline policy and ensuring consistency and integrity in its application.

Comparator - Discipline activity for the periods under review (April 2010 – March 2011)

3. As of March 2011 18,117.65 members of police staff were employed by the MPS. During this period 268 disciplinary cases were recorded. This figure equates to 1.4% of police staff being subject to disciplinary action.

4. As of March 2009, 19,185 members of police staff were employed by the MPS. During this period 227 disciplinary cases were recorded. This figure equates to 1.2% of police staff being subject to disciplinary action.

5. This reflects a year on year numerical increase of 39 cases.

6. Note - recorded discipline includes formal warnings issued under Stage 1 to 3 of the discipline procedure covering underperformance, conduct and attendance management issues.

Roles of police staff subject to disciplinary action

7. Police Community Support Officers (PCSOs):

• During the reporting period April 2010 to March 2011 – of the 268 cases recorded, 119 (44.4%) cases were recorded in respect of PCSOs.
• As of March 2011, PCSOs made up 21.8% (3,963.42) of the total police staff workforce.
• During the comparative period April 2009 to March 2010 – of the 227 cases recorded, 80 (35.2%) were recorded against PCSOs.
• As of March 2010, PCSOs made up 24.0% (4,567) of the total police staff workforce.
• This reflects a increase of 9.2% in the number of disciplinary cases against PCSOs as a percentage of the total for each year (35.2% - 44.4%).
• Based upon the above data, the Practice Support Team have requested further detailed analysis be undertaken by the MPS Organisational Development Team, to review underlying trends and issues that may be attributable for this increase.

8. Communication Officers:

• During the reporting period April 2010 to March 2011 – of the 268 cases recorded, 31 (11.5%) cases were recorded against Communications Officers.
• As of March 2011, police staff at the Central Communications Command (CCC) made up 1511 (8.3%) of the total police staff workforce.
• During the comparative period April 2009 to March 2010 – of the 227 cases recorded, 49 (21.6%) of cases were recorded against Communications Officers.
• As of March 2010, police staff at CCC made up 8.5%, (1,626) of the total police staff workforce.
• This reflects a 10.1% decrease between the years in question in the number of disciplinary cases against Communications Officers. Specifically, here a robust approach to professional standards over the previous reporting periods has now had a positive preventative impact during this current reporting period.

9. Catering Staff :

• During the reporting period April 2010 to March 2011 – of the 268 cases recorded during this period, 4 (1.4%) were cases recorded in respect of Catering Staff.
• During the comparative period April 2010 to March 2011 – of the 227 cases recorded 7 (3.1%) were recorded against Catering Staff.
• This positively reflects a 1.7% decrease between the years in question in the number of disciplinary cases against Catering Staff.

10. Primary reasons for invoking the disciplinary process:

The four main causes triggering disciplinary action are:

• Unsatisfactory attendance
• Inappropriate behaviour
• Neglect/Failure in duty
• Integrity issues

Diversity Information

11. Gender

• During the reporting period April 2010 to March 2011 – 101 (37.7%) cases were recorded against females and 167 (62.3%) for males.
• As of March 2011, females made up 52.1% (9452.32) of the total police staff workforce.
• During the comparative period April 2009 to March 2010 – 107 (47.1%) cases were recorded against females and 120 for males.
• As of March 2010, females made up 52.2% (10,005) of the total police staff workforce.

12. Ethnicity

• During the reporting period April 2010 to March 2011 – 109 (40.7%) cases were recorded against staff from a black and minority ethnic group. A further 159 (59.3%) cases were recorded against staff classified as being from a white group. There were 9 cases recorded where no ethnicity was stated.
• As of March 2011, staff from a black and minority ethnic group made up 23.0% (3,223.74) of the total police staff workforce.
• During the comparative period April 2009 to March 2010 – 92 (40.5%) cases were recorded against staff classified as being from a black and minority ethnic group. A further 127 cases were recorded against staff classified as being from a white group. There were 8 cases recorded where no ethnicity was stated.
• As of March 2010, staff from a black and minority ethnic group made up 24.7% (4,732) of the total police staff workforce.
• This reflects no statistical change in the percentage of black and minority ethnic groups receiving a disciplinary penalty.

13. Ethnicity impact within the PCSO role

• During the reporting period April 2010 to March 2011 - 52 of the 109 cases involving black and ethnic minority staff (40.7%) were recorded against PCSOs.
• As of March 2011 29.7% (1,179.91) of PCSOs were from a black and minority ethnic group.
• During the comparative period April 2009 to March 2010 - 37 of the 92 black and minority ethnic cases (40.2%) were recorded against PCSOs.
• As of March 2010 28.8% (1,326) of PCSOs were from a black and minority ethnic group.
• This reflects no statistical change in the percentage of black and minority ethnic PCSOs receiving a disciplinary penalty.

Disability

14 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.

15. Of the 268 disciplinary cases during the reporting period April 2010 to March 2011, in 5 cases (1.8%) of staff had declared themselves as having one or more disability. This compares to the total police staff workforce that declared a disability of 1.5%. The small size of this group precludes robust analysis.

16. Additionally, 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 must be sought from the People Support, Occupational Health and the appropriate Practice Manager, Deputy Commissioners Portfolio to ensure compliance with the.

Equality Strands - Age, Faith, Sexual Orientation.

17. This information has not been collated specifically for disciplinary purposes and it is not possible presently to provide any meaningful analysis around remaining diversity areas and their representation within the disciplinary process.

Timeliness: Suspension Cases

18. Suspension is not a disciplinary sanction and is without prejudice to the outcome of any subsequent proceedings. The circumstances justifying suspension are recorded and monitored by the Practice Support Team and weekly updates are sought from investigating officers to encourage timely progress and minimise the risk of lengthy suspension periods. During the reporting period April 2010 to March 2011 the average time taken for a suspension discipline case to conclude was 97 days. This is an increase of 22 days from the corresponding period the previous year. This increase is accountable to a small number of specific suspensions that awaited the outcome of lengthy criminal investigations and subsequent court hearings.

19. The suspension list changes on a daily basis as staff are included or removed from the list dependent on the outcome of discipline Investigations.

20. Those suspension cases that feature criminal aspects have to be managed within the constraints of working with internal agencies such as the Directorate of Professional Standards and external agencies such as the Crown Prosecution Service (CPS) and the Independent Police Complaints Commission. The Practice Support Team has recently secured a Service Level Agreement (SLA) with the CPS that now provides a single point of contact in MPS staff cases where there is a criminal focus. As a consequence this SLA is aimed at improving consistency in case management, that in turn should have a positive impact on the timescales taken to achieve a satisfactory case disposal.

Ethnicity Impact Within Suspension Cases

21. During the reporting period April 2010 to March 2011, 136 members of police staff had been suspended of which 49 (36.0%) were from a black and minority ethnic group.

22. During the comparative period April 2009 to March 2010, 121 members of police staff were suspended of which 48 (39.7%) members of staff were from a black and minority ethnic group.

Professional Standards

23. The core function of the Practice Support Team still remains to build the capability of local managers by providing professional advice and practical support in areas of performance and conduct management. In July 2011 MPS Departments responsible for Professional Standards have been the subject of restructuring and now all operative within the Deputy Commissioner Portfolio. The bringing together of police officer and police staff matters of discipline management is a key facet of the restructure. In addition Leadership and Learning departments have also moved into this Command. Now more closely aligned, this presents the opportunity for a more responsive, corporate learning centric approach to successful service delivery.

24. The Practice Support team plays an integral part alongside the Occupational Health Department at the quarterly Territorial Policing Attendance meetings. These meetings are regionally based and are chaired by the relevant Cluster Commander. The meetings undertake an in-depth scrutiny review of (B)OCU sickness levels. Specifically, here individual case management is evaluated and interventions made including where appropriate the implementation of inefficiency proceedings.

C. Other organisational and community implications

Equality and Diversity Impact

1. A core aim of the police staff discipline policy, monitored by the Practice Support Team, is to ensure that the policy is being applied fairly and consistently to all police staff employed by the MPS regardless of personal characteristics such as gender, race, religion and belief, creed, ethnic origin, marital status, disability, age, sexual orientation, working hours or working arrangement.

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. Representations may also be made through their line manager or staff support representative. The Practice Support Team has access to intelligence from Fairness at Work and, in partnership with the Resources Employee Relations Team, monitors and acts on any such concerns.

Financial Implications

2. There are no specific financial considerations arising from this report.

Legal Implications

3. The MPS is under a statutory duty to have due regard for the:

1. elimination of unlawful discrimination and harassment;
2. promotion of good relations between peoples of different groups;
3. promotion of positive attitudes towards others.

The MPS Equalities Scheme 2006-2010 is designed to ensure continuous improvement in service delivery in this regard by improvements in the standard of policing and staff awareness of the organizational strategy. Effective governance is required to ensure improvements are achieved and is itself an aspect of the Equalities Scheme.

In providing management information and statistical data in respect of police staff subject to disciplinary proceedings and in addressing issues relating to equality and diversity with regard to the discipline process this report assists the MPA in monitoring MPS performance under the MPS Equalities Scheme.

Environmental Implications

4. There are no environmental issues raised by the report.

D. Background papers

• None

E. Contact details

Report authors:

• Darren Bird, Assistant Director Deputy Commissioners Portfolio
• Simon Hockley, Practice Manager

For more information contact:

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

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