Police Suspensions Policy

Special Meeting: Deaths in Custody
Report: 6
Date: 18 January 2002
By: Commissioner

Summary

The paper outlines the Metropolitan Police Service policy in regard to the suspension of police officers.

A. Recommendations

That Members note the report

B. Supporting information

Police Suspensions

1. The Metropolitan Police Service policy on suspending police officers is derived from Police Regulations and Home Office guidance. The full policy is contained in Notices 47-00, which is attached at Appendix A. An information leaflet circulated at the Lambeth Community-Police Consultative Group is attached at Appendix B.

2. The principle from the Home Office guidance is that alternatives to suspension should be considered first.

3. Suspension can occur when the following criteria are met:

• in any case where the ACPO officer considers the matter, on the information available, to be capable of leading to a major penalty either in criminal or disciplinary proceedings; and
• it is necessary and in the public interest to do so.

4. Following a traumatic event where a death occurs after contact with police, an automatic without prejudice relief from normal operational duties can be considered. No definition can cover all the circumstances where such a relief from normal duties would be appropriate, but removal from driving duties following a fatal police accident and removal from firearms duties following a fatal police shooting are automatic.

Numbers of officers suspended

5. Since the revision of the suspension policy in November 2000, the number of suspended officers has been reduced. This reduction was praised in the 2000/2001 HMIC inspection. Her Majesty's Inspector noted that the 50% reduction in suspended officers (200 to 100) not only had a positive impact on morale, but also increased the pool of officers available for duty. [1]

6. Service policy has introduced regular reviews of officers suspended. The numbers suspended have reduced further. In December 2001 there were 72 officers suspended. A further 73 officers were on restricted duties. The Director of Professional Standards reviews each case monthly.

Police shootings

7. A death resulting from a police shooting invariably generates public concern, often with a call for the officers concerned to be suspended, despite automatic removal from operational firearms duties.

8. Expressions of concern following a police shooting must be balanced with the MPS responsibility to maintain a pan-London firearms capability. The MPS has a duty to be able to respond to the increasing threat of firearms on our streets. Firearms officers are volunteers. In recent years, the numbers of firearms officers has decreased in order to form dedicated, highly trained professional firearms teams deployed 24 hours a day. With the number of firearms incidents in London every year, it is inevitable that firearms officers will be forced into a position where they must carry out their training. It would be wrong and disproportionate for an officer carrying out their duty automatically to face suspension. For officers to continue to volunteer for such duties, the firearms unit must have confidence that if they carry out their job professionally and within the guidance of their training, they will be supported by the MPS suspension policy.

C. Financial implications

None.

D. Background papers

'Lessons From Tragedies' (1996) Lambeth Community-Police Consultative Group Furnival Press London.

E. Contact details

Report author: D/Supt Bourlet, MPS.

For information contact:

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

Appendix A: Notices 47-00 of 22 November 2000

2 Suspension/Removal from normal duty policy - Constable to Chief Superintendent
(Directorate of Professional Standards)

This policy applies to all cases where officers are to be suspended from duty. Item 4 of Notices 23/96 is now cancelled. This policy is designed to assist Association of Chief Police Officers (ACPO) officers, superintendents and investigating officers in the application of the decision whether to suspend an officer or remove an officer from normal duties. The relevant legislation is at Annex A. This policy is intended to provide consistency throughout the Service, to ensure that investigations where officers are suspended are carried out quickly and efficiently and the decision is supported with recorded reasons which are subject to regular review. The decision to suspend an officer will only be made after all the other options have been considered.

It is fully recognised that the consequences of suspension can be far reaching, and on occasions irretrievable on the officers concerned. Experience has shown that suspension can result in almost total alienation between the officers concerned and the Service. The length of time taken to process such cases is often excessive. Put at its worst, the decision to suspend can, of itself, precipitate the effective end of an officer's career. Suspension can also seriously affect an officer's physical or mental health. Suspension, although always selective and based on a judgement of the particular circumstance, can represent a major implied criticism of the officer's actions. Suspension must not be automatic, but based on an assessment of the circumstances of the case. The suspended officer's borough commander is responsible for ensuring that a welfare officer is appointed and that the officer's welfare needs are addressed during the period of suspension.

Legislation states that a commander may suspend a member of the police force. Metropolitan Police Service policy will be that the commander will be responsible for the executive act of approving or authorising suspension. Up to and including the rank of chief inspector, a substantive superintendent will inform the officer concerned of the suspension and carry out the process. A suspended officer will be informed that he/she may make representations about the suspension personally to the commander. In cases involving an officer of superintending rank a commander will inform the officer concerned and carry out the process.

As of Monday 17 July 2000 all Metropolitan Police Service (MPS) complaints and discipline units came under a single command called the Directorate of Professional Standards (DPS). The command is split between, a commander in charge of operations and investigations (O and I) and a commander in charge of discipline and civil actions (D and CA).

Commander, operations and investigations will authorise suspensions and removal from normal duties whilst any report allegation or complaint is being investigated. If the commander, DPS O and I is unavailable the on call ACPO officer will authorise suspensions and removal from normal duties. The decisions of the on call ACPO officer will be reviewed by the commander, DPS O and I within 36 hours of the commander resuming duty.

Commander, D and CA will authorise suspensions and removal from normal duties where a report has been passed to DPS, D and CA for consideration of starting misconduct proceedings. If the commander, DPS D and CA is unavailable the commander, DPS O and I will authorise suspension or removal from normal duties.

The superintendent carrying out the suspension or removal from normal duties authorised under Regulation 5 Police (Conduct) Regulations 1999 will normally be from the officer's borough or Operational Command Unit. The superintendent will carry out the suspension in consultation with DPS. On no account may the superintendent be the investigating officer.

In suspension cases, the superintendent will ensure that:

• the officer concerned is given (where appropriate) the reasons for the decision to suspend;
• a report if forwarded to commander, DPS in accordance with the template at Annex B;
• a welfare officer is appointed;
• the officer concerned is served with Form 161;
• the warrant card is seized; and
• the Message Switching System Message SUSPOFF is sent.

In cases where the officer concerned is to be removed from normal duties, the superintendent will ensure that the instructions of the commander, DPS are complied with.

The investigating officer will in most cases make the referral to the superintendent and commander, DPS for consideration of removal from normal duty or suspension. The investigating officer will complete a detailed monthly report to include, an update on the investigation and recommendations with reasoning of the continued need for suspension or removal of the officer from normal duty, to be submitted on the last day of the month to enable the commander, DPS to review the initial authorisation. If the investigating officer considers that the suspension or removal from normal duty is no longer required, the commander, DPS must be informed immediately through a report setting out the reasoning for reinstatement.

Suspension

In all cases, unless it is impossible or positively undesirable to do so, consideration should first be given to other options rather than suspension. Officers should be aware that the organisations ability to suspend an officer is important and should not, in any circumstances, be or be seen to be misused. When a report, allegation or information is received which alleges that an officer does not meet the appropriate standard as set out in the code of conduct for police there are three decisions that can be made:

• suspension;
• removal from normal duties; or
• remain on normal duties.

Suspension can occur:

• in any case where, the ACPO officer considers the matter, on the information available, to be capable of leading to a major penalty either in criminal or disciplinary proceedings; and
• it is necessary and in the public interest to do so.

Removal from normal duties

Where the ACPO officer assesses suspension to be inappropriate, he/she must then consider whether removal from normal duties is required. Where the ACPO officer assesses that it is not in the public interest, the interest of the MPS or the interest of the officer for that officer to remain on normal duties, his/her removal will be invoked.

Options for removal from normal duties

• No street duty, that is, duty within the confines of a police building only.
• In certain cases other restrictions may be appropriate, depending on the circumstances of the allegation. For example, no duty in the custody suite or station office or relieved of supervisory responsibilities.

Automatic removal from normal duties

Certain categories of case will attract an automatic removal of the officer concerned from normal duty. The advantage of an automatic removal is that it is not a critical judgment based on the facts of the case, but it is an inevitable and non-judgmental consequence following a series of events or circumstances. There need be no allegation of misconduct and the removal is entirely without prejudice. The removal from operational duties of an officer involved in a traumatic event is of benefit to the officer and forms part of a welfare support programme. The process of removal from operational duties should be seen as a quite separate process from any decision making about suspension.

There is no short definition which can cover every possible set of circumstances. For the purposes of this policy, the definition of a relevant incident is one involving:

The death of a person, following a violent exchange with a police officer or officers. This will apply to any officer directly involved in the violent exchange. Officers involved in such circumstances are likely to

suffer from trauma and be in need of welfare and support. The removal from operational duties will remove any chance that the officer will be placed in a similar situation before the matter is fully investigated and resolved.

The commander, DPS O and I will decide whether an officer falls within this category. This decision will be reviewed every seven days by the OCU commander of the officer concerned.

Fatal shootings/POLACCS

In cases involving a fatal shooting, in accordance with laid down procedure officers are automatically removed from operational firearm duties while the circumstances are fully investigated. In cases involving fatal POLACCS police drivers are automatically removed from driving duties. This removes them from the possibility of being placed again in similar circumstances which gave rise to the death.

Enquiries about this Notice may be made to Roger Fitz-Patrick, Inspector on extn 64271.

Cancel Item 4 of Notices 23/96 of 5 June 1996 and write the item number and date of this Notice against it.

Annex A: Legislation

Regulation 5 Police (Conduct) Regulations 1999

1 Where there has been a report, complaint or allegation which indicates that the conduct of a member of a police force does not meet the appropriate standard the chief officer of the force concerned may suspend the member concerned from membership of the force and from his office of constable whether or not the matter has been investigated.

2 The chief officer concerned may exercise the power to suspend the member concerned under this regulation at any time from the time of receipt of the report, complaint or allegation until -

1. The supervising officer decides not to refer the case to a hearing.
2. The notification of a finding that the conduct of the member concerned did not fail to meet the appropriate standard.
3. The time limit under regulation 34 for giving notice of the intention to seek a review has expired, or
4. Any review under regulation 35 has been completed.

4 Where the member concerned is suspended under this regulation, he shall be suspended until there occurs any of the events mentioned in paragraph (2) (i) to (iv), or until the chief officer decides he shall cease to be suspended, whichever first occurs.

5 Where the member concerned who is suspended is required to resign under regulation 31, he shall remain suspended during the period of his notice.

6 The chief officer concerned may delegate his powers under this regulation to an officer of at least the rank of assistant chief constable or, where the member concerned is a member of the City of London or metropolitan police force, to an officer of at least the rank of commander.

Home Office Guidance

3.18 In serious cases, it might be decided that the officer concerned should be removed from his or her normal duties or be suspended during the course of the formal investigation or pending the outcome of misconduct proceedings. Such a course of action should be taken only where it was necessary and in the public interest to do so. In all cases, unless it was impossible or positively undesirable to do so, consideration should first be given to a temporary transfer to other duties rather than suspension. Where an officer is suspended this will be with pay, except where the officer is in custody following conviction, or is absent and his or her whereabouts are unknown, when the suspension will normally be without pay. Neither removal from duties nor suspension implies any decision about the misconduct case.

Annex B: Template for Suspension/Removal from normal duty report

The Form 728 submitted to commander DPS will contain the following headings and considerations.

Opening

Details of the allegation

Primary

• Strength of evidence
• Seriousness of allegation
• Risk to members of the public
• Risk to colleagues
• Potential to pervert the course of justice/suborn colleagues
• Options of alternatives to suspension

Secondary

• Likely outcome
• Estimated time to conclude investigation
• Relevant complaint history
• Current performance
• Impact on police/public relations
• Impact on service morale
• Risk to officer/welfare considerations

Conclusion

• Conclusion to include why it is necessary and in the public interest to suspend or remove the officer from normal duty.
• Recommendation

Appendix B: Police Officers - Suspension from duty - some questions answered

Why are police officers suspended from duty?
Police officers have a duty to protect the public and uphold the law. From time to time, the actions of an officer may raise concerns about the way they have used their police powers or conducted themselves. There will usually be an investigation into the matter. When the concerns or allegations are serious and indicate that the officer's conduct fell below the required standard, the officer may be suspended from police duty. Serious means that the officer may face a serious penalty either at a criminal court or internal discipline hearing.

What does suspended from duty mean?
This means that the officer no longer has the special powers given to a police officer and does not go to work whilst the matters are being investigated.

What power is there to suspend an officer?
The power to suspend an officer is set out in the law and comes from Police Regulations, which apply to all police officers in the country.

Who makes the decision to suspend?
Police Regulations state that it must be a senior officer who decides to suspend an officer. In London, the officer who makes the decision is the Director of Professional Standards who is a Deputy Assistant Commissioner.

How is the decision made?
The Director of Professional Standards considers all the information available before making a decision to suspend an officer. The Director wants to know as much about the case as possible including how serious the matter is and what evidence there is to support the allegation. In making his decision he considers a wide range of factors including the views of the community.

What other options are there to suspension?
As an alternative to a suspension, the Director of Professional Standards can remove an officer from normal police duties. One example of this would be an officer moving to office duties instead of walking the beat.

Are officers automatically removed from duty in some circumstances?
In certain circumstances, particularly if the incident is very traumatic, officers will be automatically removed from operational duties. After a fatal accident involving a police vehicle, the driver will be automatically removed from driving duties. In cases where an officer is involved in a fatal shooting, they will be removed from operational firearms duties.

Is the decision to suspend reviewed?
The decision to suspend is reviewed every month, although the case can be reviewed at any time if there is new information.

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