Contents

Report 8 of the 21 Mar 02 meeting of the MPA Committee and sets out the initial response and proposed actions to be taken by the MPS to the recommendations made in the Virdi Inquiry Report.

Virdi Inquiry – MPS response and action plan

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Virdi Inquiry – MPS response and action plan

Report: 8
Date: 21 March 2002
By: Commissioner

Summary

This report sets out the initial response and proposed actions to be taken by the MPS to the recommendations made in the Virdi Inquiry Report. It proposes that further progress be monitored by the MPA through the committees set out in the MPA Report to the Authority on 28 February.

A. Recommendations

Members are invited to note the initial response from the MPS.
Members are asked to endorse the proposal that further progress be reported to and monitored by the relevant MPA committees.
Members specifically note the progress in respect of recommendation 15 of the Inquiry Report.

B. Supporting information

1. The report of the Virdi Inquiry made eighteen recommendations. Eleven were directly addressed to the MPS. Individual Directorates within the MPS have carefully considered the Inquiry Report and the recommendations. This report reflects the composite view of the MPS. Details of the actions that the MPS proposes to take to meet each recommendation are set out in Appendix 1.

2. As agreed by Members at the meeting of the Authority on 28 February, periodical reports on how the MPS are working towards meeting the recommendations will be reported to the relevant MPA committees.

MPS Response

3. Recommendation 1
Police Regulations to be interpreted with common sense and reasonableness in an attempt to eliminate unnecessary bureaucracy and unjustified cost.

It must be remembered that the interpretation of Regulations is subject to judicial review, either by the officers involved in a particular case, or by other officers seeking to make this a precedent.

4. Recommendation 2
Grievance Procedure to be reviewed.

A new grievance procedure has been created which streamlines the current system. An early draft has been presented to the Human Resources Committee. It awaits the approval of the MPS Management Board, and, if agreed, will have the likely effect of reducing the number of Employment Tribunals (ETs) launched.

5. Recommendation 3
Review of administration of Employment Tribunals.

The MPS has designed a new grievance policy that embraces the essence of this recommendation, particularly with regard to early intervention and using local managers to deal with issues. The MPS will continue to seek to prevent grievances escalating into an Employment Tribunal proceeding. Emphasis will be placed on addressing causes rather than effects.

However, careful consideration will need to be given to the notion of local personnel managers dealing with ETs at a borough level. This is a step that can not be taken quickly without setting up the appropriate support machinery and training and without due consideration being given to the effects on their workload.

6. Recommendation 4
Recognition of value of informal resolution.

So much of the work being done within the MPS now has an overarching ethos of fair practice. This will gradually help move the organisation away from a 'blame culture'.

However, the relationship between grievance and discipline procedures has always been difficult. The MPS recognises that it needs a new culture that allows staff to openly admit honest mistakes – without fear of punitive action. This is always going to be problematic and will require trust – and trust takes time.

7. Recommendation 5
Incorporation of recommendations into Race Relations (Amendment) Act action plan.

Preparatory work undertaken by the MPS in meeting their obligations as a public authority have already been subject of considerable praise from the Commission for Racial Equality, MPA and our various Advisory Groups. The Directorate of Professional Standards will be included in all discussions

The Race Relations (Amendment) Act 2000 Steering Committee will consider any overlap between our requirements under that Act and the Virdi Inquiry Report recommendations.

8. Recommendation 6
Role of Directorate of Legal Services

Early intervention strategies are already in use with the MPS and are working. This is evidenced by the significant numbers of protective ETs issued on a basis that are subsequently withdrawn or settled. Few are contested to a hearing, even fewer result in an award against the Commissioner.

9. Recommendation 7
Pursue recommendations of HMIC inspection of Policy, Review and Standards

The MPS would wish to see greater confidence as a direct result of the adoption of the proposed new grievance procedure. This will particularly be the case in the use of independently appointed staff to manage each grievance, and having a full-time Grievance Appeals Manager to own the process.

Increased confidence is likely to be evidenced by a decrease (or reduction in trend of increases) in the number of ETs. However there may be a manifest increase in the number of grievances as individuals begin to trust the process.

10. Recommendation 8
Review and implementation of press strategy in relation to equality cases.

The recommendation reinforces the belief held by the MPS that media handling should not compromise the principles of natural justice in all cases.

The MPS notes the Inquiry's positive acknowledgement of the new MPS media policy and will address the comments about 'not for public disclosure' and 'off the record briefings'.

11. Recommendation 9
System for monitoring and reviewing implementation of equality policies.

The MPS has recently strengthened the role of Diversity Directorate with the creation of the Development and Organisation Improvement Team (DOIT). Designed to identify and address staff needs, the team will provide an accurate benchmark of how well the implementation of policies are progressing.

12. Recommendation 10
Review of disciplinary issues flowing from the investigation of the Virdi case.

South Wales Police will be conducting an investigation and the PCA will review the evidence provided by this investigation and recommend or direct appropriate disciplinary action.

13. Recommendation 11
Monitoring of Police Federation Joint Branch Board composition.

It is difficult to comply with this recommendation because, strictly speaking, the MPS has limited influence in elections to the Police Federation, or indeed Trade Union offices. Whilst it may be possible on an informal level for comment to be made about the levels of diversity among representatives, the MPS is limited in how it can influence the internal workings of independent bodies.

An alternative would be to explore how best to develop the recognition given to other representative bodies (such as the Black Police Association (BPA), Lesbian and Gay Police Association (LAGPA), Greek Staff Association (GSA) Sikh Association (SA) etc) in dealing with sensitive issues.

The MPS has been in the forefront of supporting the creation of representative groups for minority elements within the police service. For example the BPA, LAGPA, GSA & SA all provide valuable support and advice for officers and essential support staff.

PS Virdi's return to duty

14. Recommendation 15
The MPA require the MPS to provide progress reports on PS Virdi's return to duty.

AC Ghaffur publicly welcomed PS Virdi back to duty on Tuesday 26 February. There then followed an intensive induction process for a week where PS Virdi was acquainted with the role of each part of the Policy, Review and Standards Directorate and how this contributed to work of the MPS. On Wednesday 6 March, PS Virdi commenced duty within the Community Partnership Branch PRS5(2) with specific responsibility for the interface between the MPA and the business community across London.

Action plan implementation

15. Commander Cressida Dick has been appointed to oversee progress against the MPS Action Plan.

C. Financial implications

The cost the proposed actions outlined in the MPS Action Plan will be met from existing budgets.

D. Background papers

The Virdi Inquiry Report

E. Contact details

Report author: Deputy Assistant Commissioner Becks, MPS.

For information contact:

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

Appendix 1: Virdi Inquiry Report - Proposed Action by the MPS

Recommendation 1

Regulations, particularly in regard to discipline, should be interpreted with common sense and reasonableness in an attempt to eliminate unnecessary bureaucracy and unjustified cost both financially and in personal terms.

Proposed Action by the MPS	Directorate Responsible	Completion Agreed
1. The MPS is in the processing of refining a Professional Standards Strategy. This includes consultation with the MPA through the Professional Standards & Performance Monitoring Committee. The Strategy is predicated on the shift of emphasis from investigation to prevention activities. 2. This recommendation will be taken into account in implementing the findings of the Review of the Discipline Office. 3. This recommendation will be taken into account in decisions as to whether to halt investigations or to institute formal discipline.	Head of the Directorate of Professional Standards (1 – 3)

Proposed Action by the MPS

Directorate Responsible

Completion Agreed

1. The MPS is in the processing of refining a Professional Standards Strategy. This includes consultation with the MPA through the Professional Standards & Performance Monitoring Committee. The Strategy is predicated on the shift of emphasis from investigation to prevention activities.

2. This recommendation will be taken into account in implementing the findings of the Review of the Discipline Office.

3. This recommendation will be taken into account in decisions as to whether to halt investigations or to institute formal discipline.

Head of the Directorate of Professional Standards (1 – 3)

Recommendation 2

The grievance machinery should be reviewed (as the MPS has already undertaken to do) to:

Ensure that the procedure includes the informal stage of normal management action;
Provide training to managers and supervisors in the use of the process and their obligations to address issues at an early stage;
Support the decisions of managers and supervisors where appropriate;
Re-launch the process and give senior officer assurance that staff who use the procedure will not be punished or victimised.

Proposed Action by the MPS	Directorate Responsible	Completion Agreed
1. A new grievance procedure has been created which streamlines the current system. It awaits the approval of the MPS Management Board, and if agreed will have the likely effect of reducing the number of ETs launched. 2. A paper outlining the revised procedures will be considered by the MPA Human Resources Committee on 7th March and the proposals are currently the subject of internal consultation. 3. Include the informal stage of normal managerial action – this forms an integral part of the revised procedure currently being developed in consultation with a consultant who has been involved with the Virdi Inquiry; 4. Provide adequate management training – the Training and Development Directorate will update management training courses to reflect the new procedure once it is introduced. They will consider the most appropriate means of familiarising those staff who investigate grievances under the new arrangements; 5. Support management decisions – the new procedure incorporates a new post of Grievance Appeals Manager who should provide a 'champion' to oversee management action; 6. Re-launch the process with senior support against victimisation – the new procedure will be launched, with high-level support from ACHR and DPS.	Assistant Commissioner Human Resources (1 – 6)

Proposed Action by the MPS

Directorate Responsible

Completion Agreed

1. A new grievance procedure has been created which streamlines the current system. It awaits the approval of the MPS Management Board, and if agreed will have the likely effect of reducing the number of ETs launched.

2. A paper outlining the revised procedures will be considered by the MPA Human Resources Committee on 7th March and the proposals are currently the subject of internal consultation.

3. Include the informal stage of normal managerial action – this forms an integral part of the revised procedure currently being developed in consultation with a consultant who has been involved with the Virdi Inquiry;

4. Provide adequate management training – the Training and Development Directorate will update management training courses to reflect the new procedure once it is introduced. They will consider the most appropriate means of familiarising those staff who investigate grievances under the new arrangements;

5. Support management decisions – the new procedure incorporates a new post of Grievance Appeals Manager who should provide a 'champion' to oversee management action;

6. Re-launch the process with senior support against victimisation – the new procedure will be launched, with high-level support from ACHR and DPS.

Assistant Commissioner Human Resources (1 – 6)

Recommendation 3

That consideration be given to a review of administration of ETs within the MPS to encourage:

Setting up a monitoring and good practice unit capable of early intervention and for alerting chief officers to highly sensitive cases;
Removal of some of the responsibility for case management to suitably trained Personnel Managers who will work in close liaison with Borough Commanders;
Direct contact between Borough commanders, Personnel Managers and MPS solicitors to encourage local management responsibility and the possibility for earlier resolution of cases.

Proposed Action by the MPS	Directorate Responsible	Completion Agreed
1. A review of the grievance machinery is well underway and therefore the response is covered under proposals for recommendations 2 & 5. 2. At the heart of the Review is the intention to implement early intervention strategies to reduce the number of grievances escalating into ETs 3. A complementary recommendation was made in the recent District Audit Report on Employment Tribunals – this recommendation was accepted and will be progressed by HR Directorate and DPS.	Assistant Commissioner Human Resources (1 – 3)

Proposed Action by the MPS

Directorate Responsible

Completion Agreed

1. A review of the grievance machinery is well underway and therefore the response is covered under proposals for recommendations 2 & 5.

2. At the heart of the Review is the intention to implement early intervention strategies to reduce the number of grievances escalating into ETs

3. A complementary recommendation was made in the recent District Audit Report on Employment Tribunals – this recommendation was accepted and will be progressed by HR Directorate and DPS.

Assistant Commissioner Human Resources (1 – 3)

Recommendation 4

Notwithstanding the constraints of the existing Regulations, the MPS should address the perceived blame culture, recognising that an early apology may be the only desired outcome and should support staff who admit to honest mistakes

Proposed Action by the MPS	Directorate Responsible	Completion Agreed
1. Borough Support Command of the Directorate of Professional Standards will continue to limit internal investigations, by considering proportionality and likely outcome in decision-making as to whether to institute internal investigations. 2. DPS to market Written Warning and Unsatisfactory Performance Procedures to Boroughs and OCUs as alternatives to internal investigations. 3. Investigating Officers in DPS to include the benefits of the process in quarterly meetings with Borough SMTs 4. Appoint Grievance Appeals Manger. The proposed new post should be able to deal with cultural issues, particularly around saying 'sorry'	Head of the Directorate of Professional Standards (1 – 3) Assistant Commissioner Human Resources (4)

Proposed Action by the MPS

Directorate Responsible

Completion Agreed

1. Borough Support Command of the Directorate of Professional Standards will continue to limit internal investigations, by considering proportionality and likely outcome in decision-making as to whether to institute internal investigations.

2. DPS to market Written Warning and Unsatisfactory Performance Procedures to Boroughs and OCUs as alternatives to internal investigations.

3. Investigating Officers in DPS to include the benefits of the process in quarterly meetings with Borough SMTs

4. Appoint Grievance Appeals Manger. The proposed new post should be able to deal with cultural issues, particularly around saying 'sorry'

Head of the Directorate of Professional Standards (1 – 3)

Assistant Commissioner Human Resources (4)

Recommendation 5

That appropriate actions arising from these recommendations should be included in the requisite action plan to comply with requirements of the Race Relations (Amendment) Act 2000, and the MPS should produce a strategy to reassure the community of its commitment to comply with the legislation.

Proposed Action by the MPS	Directorate Responsible	Completion Agreed
1. MPS Diversity Directorate has been working closely liaising with DPS on the implementation of the Race Relations (Amendment) Act 2000, 2. DPS has designed Management Information systems to provide necessary information. 3. At a meeting between DPS and IAG members on 12 Feb 2002, it was decided to analyse three subjects where the statistics show disproportionality. 4. The next stage will be to analyse the information with the support of IAG members, then devise corrective action plans 5. The analysis and corrective action plans will be presented to the MPA Professional Standards & Performance Monitoring and Consultation, Diversity & Outreach Committees	Head of Diversity Directorate (1) Head of the Directorate of Professional Standards (2 – 5)

Proposed Action by the MPS

Directorate Responsible

Completion Agreed

1. MPS Diversity Directorate has been working closely liaising with DPS on the implementation of the Race Relations (Amendment) Act 2000,

2. DPS has designed Management Information systems to provide necessary information.

3. At a meeting between DPS and IAG members on 12 Feb 2002, it was decided to analyse three subjects where the statistics show disproportionality.

4. The next stage will be to analyse the information with the support of IAG members, then devise corrective action plans

5. The analysis and corrective action plans will be presented to the MPA Professional Standards & Performance Monitoring and Consultation, Diversity & Outreach Committees

Head of Diversity Directorate (1)

Head of the Directorate of Professional Standards (2 – 5)

Recommendation 6

The MPA should seek to address the perceived difficulties associated with the Directorate of Legal Services, namely:

the use of early intervention strategies to limit the number of cases going to ET;
to ensure that the structure of decision-making, where legal advice is a critical consideration but not the final arbiter, is transparent to the MPA.

Proposed Action by the MPS	Directorate Responsible	Completion Agreed
1. The MPS has undertaken to review the grievance machinery [see Recommendation 2] – this is aimed at reducing the number of cases going to ET, through revising the grievance machinery. 2. The MPS will review the need to seek an adjournment of ET proceedings by reason of ongoing conduct inquiry. Input from leading employment counsel will be sought. The review is expected to be completed by 1st June 2002. 3. The structure of decision-making was provided in writing to Richard Sumray in December 2001 and can be provided to the MPA, as required.	Assistant Commissioner Human Resources (1) Director of Legal Services (2 & 3) .

Proposed Action by the MPS

Directorate Responsible

Completion Agreed

1. The MPS has undertaken to review the grievance machinery [see Recommendation 2] – this is aimed at reducing the number of cases going to ET, through revising the grievance machinery.

2. The MPS will review the need to seek an adjournment of ET proceedings by reason of ongoing conduct inquiry. Input from leading employment counsel will be sought. The review is expected to be completed by 1st June 2002.

3. The structure of decision-making was provided in writing to Richard Sumray in December 2001 and can be provided to the MPA, as required.

Assistant Commissioner Human Resources (1)

Director of Legal Services (2 & 3) .

Recommendation 7

The MPS should maintain the ongoing progress and good practice identified in the last HMIC Inspection of the Professional Standards Department to ensure that all staff, regardless of their background, have confidence in the grievance procedures

Proposed Action by the MPS	Directorate Responsible	Completion Agreed
1. The MPS has undertaken to review the grievance machinery [see Recommendation 2] 2. The response therefore links with the proposals set out in the draft response to Recommendations 2 & 5.	Assistant Commissioner Human Resources (1-2)

Recommendation 8

A press strategy should be adopted that:

Explains how to deal effectively with race-specific and high-profile cases, using the learning from critical incident training
Includes the principles contained in the NUJ Guidelines on Race Reporting
Does not compromise the principles of natural justice

Proposed Action by the MPS	Directorate Responsible	Completion Agreed
1. Review of instructions for press officers in relation to racially sensitive cases. To be completed by end April 2002. 2. Review of MPS Media Relations Policy is due to be completed by September 2002. 3. DPS Supts, DCIs and equivalent civil staff to attend critical incident training	Director of Public Affairs (1 – 2) Director of Professional Standards (3)

Proposed Action by the MPS

Directorate Responsible

Completion Agreed

1. Review of instructions for press officers in relation to racially sensitive cases. To be completed by end April 2002.

2. Review of MPS Media Relations Policy is due to be completed by September 2002.

3. DPS Supts, DCIs and equivalent civil staff to attend critical incident training

Director of Public Affairs (1 – 2)

Director of Professional Standards (3)

Recommendation 9

Senior officers should regularly monitor and review how effectively middle and junior managers implement the organisation's policies and commitments to equality.

Proposed Action by the MPS	Directorate Responsible	Completion Agreed
1. Promotion and selection processes now all include the requirement for individuals to demonstrate competency and commitment around issues such as equality and fairness. 2. This is also monitored through regular appraisal (reports on managers) and individual Personal Development Plans. 3. The proposed post of Grievance Appeals Manager could include the responsibility to co-ordinate checking activities. 4. This recommendation will be included within the DPS performance review framework. 5. This will also form part of the MPS local inspection programme, which thoroughly inspects all 78 OCUs within the MPS on a regular basis.	Head of Diversity Directorate (1 – 2) Assistant Commissioner Human Resources (3) Head of the Directorate of Professional Standards (4) Head of Policy, Review & Standards (5)

Proposed Action by the MPS

Directorate Responsible

Completion Agreed

1. Promotion and selection processes now all include the requirement for individuals to demonstrate competency and commitment around issues such as equality and fairness.

2. This is also monitored through regular appraisal (reports on managers) and individual Personal Development Plans.

3. The proposed post of Grievance Appeals Manager could include the responsibility to co-ordinate checking activities.

4. This recommendation will be included within the DPS performance review framework.

5. This will also form part of the MPS local inspection programme, which thoroughly inspects all 78 OCUs within the MPS on a regular basis.

Head of Diversity Directorate (1 – 2)

Assistant Commissioner Human Resources (3)

Head of the Directorate of Professional Standards (4)

Head of Policy, Review & Standards (5)

Recommendation 10

On conclusion of the re-investigation into PS Virdi's case (to be supervised by the PCA) any officers deemed to have acted inappropriately should face disciplinary action.

Proposed Action by the MPS	Directorate Responsible	Completion Agreed
South Wales Police will be conducting an investigation with the following terms of reference: 1. To conduct an investigation review of the investigation which led to discipline action against Mr Gurpal Virdi and, if necessary, serve requisite discipline papers in support of that review for evidential purposes. 2. To identify and disseminate learning from the investigative review in order to develop professional standards on behalf of the MPS. 3. To consider the implementation of any immediate remedial action, in regard of the policy and practices of the Directorate of Professional Standards. 4. To establish and maintain the support of this process with the Virdi family and/or their representatives. 5. To review the written material submitted by Mr Virdi to establish the viability of re-investigating the original crime of sending race hate material. The PCA will review the evidence provided by the re-investigation and recommend or direct appropriate disciplinary action.	Head of Directorate of Professional Standards

Proposed Action by the MPS

Directorate Responsible

Completion Agreed

South Wales Police will be conducting an investigation with the following terms of reference:

1. To conduct an investigation review of the investigation which led to discipline action against Mr Gurpal Virdi and, if necessary, serve requisite discipline papers in support of that review for evidential purposes.

2. To identify and disseminate learning from the investigative review in order to develop professional standards on behalf of the MPS.

3. To consider the implementation of any immediate remedial action, in regard of the policy and practices of the Directorate of Professional Standards.

4. To establish and maintain the support of this process with the Virdi family and/or their representatives.

5. To review the written material submitted by Mr Virdi to establish the viability of re-investigating the original crime of sending race hate material.

The PCA will review the evidence provided by the re-investigation and recommend or direct appropriate disciplinary action.

Head of Directorate of Professional Standards

Recommendation 11

The composition of Representatives of the Police Federation's Joint Branch Board to be monitored by the Met to ensure that measures are taken to address under representation, especially from ethnic minority groups.

Proposed Action by the MPS	Directorate Responsible	Completion Agreed
1. The Human Resources Directorate to explore development of the recognition given to other representative bodies (such as the Black Police Association) 2. Build upon any outcomes of Recommendation 13 (Home Office to examine Regulations in order to encourage greater diversity in the Police Federation)	Assistant Commissioner Human Resources

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