Stop and account

Report: 6
Date: 27 October 2011
By: Assistant Commissioner Territorial Policing on behalf of the Commissioner

Summary

This report updates the report which was presented at the Community Engagement and Citizen Focus Committee on 13 June 2011, which in turn reported on the proposed changes to recording requirements in a) Stop and Search and b) Stop and Account (as contained in the Crime & Security Act 2010 which came into force on 7 March 2010).

It provides a historic timeline for Stop and Account, detailing the engagement and consultation process (externally and internally) that has been carried out to collect the views of Londoners on whether or not the Metropolitan Police Service (MPS) should cease to record Stop and Account.

A. Recommendations

That the Metropolitan Police Authority (MPA), note the decision by the MPS Management Board to continue the recording of Stop and Account in the MPS.

B. Supporting information

1. The recording of Stop and Account arose from Recommendation 61 of the Stephen Lawrence Inquiry Report in 1999. This placed an obligation on police forces to provide people who were stopped (and asked to account for their actions) with a credible reason and a written explanation.

2. In 2003, the MPS became the first forces to pilot the recommendation to record these encounters; a full roll out took place in the same year.

3. Since the introduction of Stop and Account, the volume recorded has increased year on year. Currently the MPS records around 55,000 a month (September 2011). This exceeds the volume for Stop and Search, which averages 42,000 a month. (September 2011).

4. In July 2008, the MPS reduced recording requirements for both Stop and Search and Stop and Account by shortening the form and introducing tick boxes for ‘reason for stop’.

5. In January 2009, in response to the Sir Ronnie Flanagan’s Review of Policing, all forces (including the MPS), further reduced the recording requirements for Stop and Account. The revised criteria were:

• Date
• Time
• Location
• Self defined ethnicity (SDE) and
• Officer details.

The MPS Form 5090 was amended to reflect the changes.

6. The Crime and Security Act 2010 was enacted on 7 March 2011. One section of the Act allowed police forces to cease the recording of Stop and Account. However, Stop and Account could be retained if the Chief Officer believed there was a need to do so in order to address local concerns about disproportionate use of the power. The decision to cease or retain Stop and Account was an operational one and mandated to Chief Officers to make.

7. Currently 31 of the 43 forces have ceased recording Stop and Account. The forces who continue to record Stop and Account are:

• MPS
• Bedfordshire
• Dorset
• Northumbria
• City of London
• Lincolnshire
• Staffordshire
• Cleveland
• Norfolk
• Suffolk

8. Additionally, forces yet to make a decision are:

• Gwent
• Devon and Cornwall

9. The level of disproportionality in Stop and Account has been consistently lower than that of Stop & Search. For Stop and Account disparity currently stands at 1.8 for Black:White and 1.6 for Asian:White. For Stop and Search, the figure is 4.5 for Black:White and 2.2 for Asian:White. (Financial Year 10-11).

10. The number of complaints for Stop and Account has always been low. In 2010, of 804,310 Stop and Accounts there were only 122 complaints, which equates to a 0.01% complaint rate.

11. Whilst there has been no definitive study; on average the time taken to conduct a Stop and Account is estimated to be four minutes. In addition, the total time taken to record an encounter (both on the street and at the station) is approximately another four minutes.

12 At the MPS Management Board meeting on 13 December 2010 the Commissioner agreed that the MPS would carry out an extensive and innovative consultation programme to collect the views of the people of London, focusing on the 16-24 year old age group (the age range mostly affected by Stop and Account legislation).

13. The consultation process commenced in January 2011 and concluded on 8th June 2011.

Consultation Process

14. The main activities carried out jointly by the MPS Stop and Search team and MPA included the following:

• The consultation programme was launched by the MPS Directorate of Public Affairs together with the MPA Communications Unit with a Media Awareness week.
• A survey was posted on the MPS Stop and Search intranet site encouraging colleagues to indicate whether or not they wanted the MPS to cease recording of Stop and Account. In addition the views of Stop and Search Leads were sought.
• Two ‘10,000 Volt’ sessions were carried out. One with the top 50 police officers and PCSOs who carried out the most stops (and were most effective in terms of arrests/positive outcomes). The second was with young people from educational establishments, the voluntary sector and organisations such as the Youth Justice Board.
• A radio interview with a phone-in session hosted by Reprezent Radio with the MPS ACPO Lead for Stop and Search and Cindy Butts (MPA).
• Views of young people canvassed by a young presenter on Radio Reprezent.
• A questionnaire was placed on the Metropolitan Police Authority website accompanied by a press release encouraging people to visit the site and complete the questionnaire.
• A Conference held on 11 May 2011 in The Chamber, City Hall. The debate followed a ‘question-time’ style format with two panels and hosted by the BBC current affairs presenter Kurt Barling.

Results of the Consultation

15. The consultation process included the following findings;

• 79% of police officers / staff surveyed voted to stop recording (A total of 601 respondents).
• 80% of Police Stop and Search SMT Leads voted to stop recording (A total of 46 respondents).
• 95% of young people surveyed on Radio Reprezent wanted to retain recording (A total of 200 respondents).
• A total of 1,024 MPA questionnaires were completed online. Of these, 43% indicated that the MPs should continue to record Stop and Account; 29% indicated that the MPS should cease recording; 22% had mixed views and 5% did Not Know.
• At the London Conference, there was an overwhelming desire to find a method that allowed the people of London to feel confident that they could hold the MPS to account for their use of Stop and Account. The current system enables that accountability to be upheld and is supported by the Community Monitoring Network.

Management Board Decision.

16. At the MPS Management Board meeting on 21 September 2011, the decision was made that the MPS would continue the recording of Stop and Account.

C. Other organisational and community implications

Equality and Diversity Impact

1. The use of Stop and Account in the MPS is directed by Policy and Standard Operating Procedures (SOPs). The aim of the MPS Stop and Search Policy is to ensure that officers comply with the law, acting within their powers and that all Stop & Account powers are used fairly, responsibly, without unlawful discrimination and with respect for people being stopped. This Policy and SOPs are published in the public domain and are subject to regular review by the Stop and Search Team, with public oversight and comment.

2. The MPS publishes, on a monthly basis, the Monitoring Mechanism on the internet. This gives a breakdown of each Borough/Operational Command Unit’s (B/OCU) data on Stop and Search and Stop and Account and for the MPS. The document enables Community Monitoring Groups to scrutinise the use of Stop and Account by their local B/OCU and to hold them to account. The document also allows for comparisons to be made by BOCUs and against the MPS. Additionally, the quarterly MPS Strategic Stop and Search Monitoring Group, chaired by Commander Eastaugh, discuss and review strategic issues relating to all Stop and Search and Stop and Account powers.

3. A quarterly Performance Meeting, Operation Pennant, is further chaired by Commander Eastaugh where the systems and process of a number of BCU’s is examined in relation to their use of Stop and Search. Each BOCU has completed an Equality Impact Assessment (EIA) on their use of Stop and Account, and a corporate MPS EIA has been completed.

Consideration of Met Forward

4. MPS Stop and Search policy and Standard Operating Procedures support the Met Streets and Met Connect strands of Met Forward. Police officers out on patrol on the streets and on public transport, conducting Stop and Search, supports Met Streets to deal with the menace of gangs, guns and knives. Through the Community Monitoring Network, Stop and Search website, Operation Pennant and the Stop and Search Strategic Committee, the MPS is supporting Met Connect by ensuring our communities are properly informed and engaged with regard to Stop and Search and Stop and Account matters to deliver increased confidence in policing.

Financial Implications

5. There are no additional financial implications as a result of the recommendation in this report r.

Legal Implications

6. In relation to paragraph 1.6 of Section A, the MPS Department of Legal Services (DLS) confirmed that the CSA 2010 also abolished the national requirement for the recording of Stop and Account and that force were allowed to continue to collect ethnicity data if there are local concerns in this regard. The information arising from the consultation process supports the decision (to continue recording Stop and Account) contained at para. 1 of Section A and such information may be used as a basis to challenge a decision to cease recording Stop and Account.

Environmental Implications

7. There are no environmental implications arising directly from this report.

Risk (including Health and Safety) Implications

8. Issues of Health and Safety were addressed in the Standard Operating Procedure. There are no issues of Health and Safety concerning this decision.

D. Background papers

None

E. Contact details

Report authors: Tony Eastaugh - Commander, MPS

For more information contact:

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

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