An independent inquiry into the conduct by the Metropolitan Police Service of internal investigations against police officers, grievance and conflict resolution and employment tribunal claims

Report: 9a
Date: 25 September 2003
By: Clerk

Summary

 This report contains proposals for an independent inquiry into the conduct by the Metropolitan Police Service of internal investigations against police officers, of the resolution of conflicts and grievances, and of employment tribunal claims.

The inquiry will be lead by an independent chair, with a small panel of expert advisers, to bring professional experience and an awareness of policing, as well as an understanding of the need to increase community confidence. It will hold some public sessions and produce a report, setting out its recommendations, for publication.

A. Recommendation

1. the Authority agrees to commission an independent inquiry with terms of reference as set out in this report; and
2. delegates to the Clerk, in consultation with the Chair and Deputy Chairs, authority to take all necessary steps to commission the inquiry, appoint its members and provide legal, secretarial and other support as the inquiry may require.

B. Supporting information

1. At the Coordination and Policing Committee on 19 September, Members agreed that a report should be prepared for the Authority, to provide the basis for consideration of a proposal to commission an independent inquiry.

2. Members continue to express the Authority’s strong support for the Commissioner’s philosophy that integrity is non-negotiable in the police service, and for the determination of the MPS to tackle corruption and impropriety by police officers. Nevertheless, a number of recent cases have focused members’ concerns about perceptions of unfairness in the way that some investigations are taken forward. Members are aware of minority ethnic officers within the MPS who feel vulnerable and discouraged by what they perceive to be racial discrimination and disproportionality in the way in which investigations are conducted. Members have also expressed general concerns about the scale of the investigation of complaints against police in general, believing them sometimes to be out of proportion with the gravity of the matters complained of.

3. The Coordination and Policing Committee decided to recommend to the Authority that, in the interests of public confidence in the MPS, there should be a comprehensive and independent review. The Commissioner and Deputy Commissioner have indicated their full support.

4. It is suggested that the inquiry should examine whether processes and practices in the MPS - including those relating to internal investigations into complaints and allegations of wrongdoing by police officers, grievances and internal conflicts, and in the handling of Employment Tribunal cases - are appropriate and effective or whether they can be improved. The inquiry will also consider whether they comply fully with the MPS’s Diversity Strategy and the MPS’s duties under the Race Relations (Amendment Act) 2000.

5. The Co-ordination and Policing Committee was emphatic that this will not be an inquiry into any individual case or investigation, though the Inquiry Team will want to identify and draw on any relevant lessons to be learnt from the handling of a number of cases, as well as taking account of the recommendations of the report into the case of Sgt Gurpal Virdi.

6. It is proposed that the inquiry should be conducted by an Independent Chairperson, supported by a small panel of expert advisers, who together will bring professional expertise and awareness of policing, as well as understanding of the need to increase community confidence. The inquiry will hold some public sessions. Its report and recommendations will be published.

7. The suggested draft terms of reference are set out at Appendix 1.

C. Equality and diversity implications

A primary purpose of the inquiry will be to establish whether the practices and procedures of the MPS are compliant with the MPS Diversity Strategy and its obligations under the Race Relations Act. It is intended that the inquiry, and implementation of its recommendations, should build confidence on the part of minority ethnic communities in the MPS, and encourage black and minority ethnic applicants to join the MPS.

D. Financial implications

The cost of the inquiry will depend on a number of factors that cannot be reckoned with any certainty at this stage. A very provisional estimate of direct costs is in the range £300,000 to £400,000 and this sum can be met from the Authority’s reserves. There will also be costs for the MPS in its preparation for and submissions to the inquiry. The outcome of the inquiry may well reduce policing costs over the long term, if its recommendations result in more effective and less costly investigation of allegations, investigation and resolution of internal grievances and reduction in the numbers of employment tribunal cases.

E. Background papers

None

F. Contact details

Report author: David Riddle

For more information contact:

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

Appendix 1: Draft terms of reference

The Metropolitan Police Authority pursuant to its powers and duties under the Police Act 1996, the Local Government Act 1972, the Greater London Authority Act 1999 and the Race Relations (Amendment) Act 2000 has resolved to appoint independent persons to conduct an Inquiry with the following Terms of Reference:

1. To inquire into the conduct by the Metropolitan Police Service of investigations into complaints and allegations against police officers, of the resolution of grievances and conflicts, and of employment tribunal claims; and to establish whether its practices, processes and procedures are effective and consistent with the MPS Diversity Strategy and its legal duties.
2. To identify any lessons to be learnt from the handling of recent high profile cases.
3. To review progress on the implementation of recommendations from the Gurpal Virdi inquiry.
4. To consider how the MPA should develop its role in relation to the oversight of the relevant directorates and functions.
5. To publish a Report with its findings and recommendations

The Authority will invite the Inquiry to consider the following matters, amongst others.

1. Whether the arrangements within the MPS for making decisions on individual cases (including obtaining and considering legal advice) and for the review of decisions and progression of cases, are appropriate and effective.
2. Whether there are disparities in the treatment of black and other minority police officers in relation to grievance, complaint and disciplinary proceedings and hearings.
3. Whether the organisational structures and allocation of functions in these matters within the MPS is effective.
4. Whether appropriate consideration is given to early resolution of grievances and conflicts, through mediation/conciliation or an internal ombudsman or other restorative justice techniques, and whether there are adequate processes to achieve such resolution.
5. Whether there should be arrangements for employment tribunal claims, particularly those involving allegations of discrimination or harassment, to be subject to independent review as part of the MPS handling of such cases, in order to encourage and facilitate efforts to achieve resolution by agreement.
6. Whether it is possible for the investigation of complaints and allegations to be dealt with in a swifter, less bureaucratic and less resource intensive way, so that the investigative effort can be seen to be proportionate to the gravity of the allegation.

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