Minutes

Minutes of a meeting of the Professional Standards Cases Sub-committee held on 5 September 2011 at 10 Dean Farrar Street, London SW1H 0NY.

Present

Members

• Reshard Auladin (Chair)
• James Cleverly
• Joanne McCartney
• Chris Boothman

MPA officers

• Catherine Crawford (Chief Executive)
• Jane Harwood (Deputy Chief Executive)
• Helen Sargeant (Solicitor)
• Kalyanee Mendelsohn (Professional Standards Officer)
• Ashleigh Freeman (Professional Standards Officer)
• Thomas Foot (Committee Officer)

MPS Officers

• Peter Spindler (Director of Professional Standards) (present for items 1 – 13)

23. Apologies for absence

(Agenda item 1)

23.1 Apologies were received from Valerie Brasse and Tony Arbour.

24. Declarations of interests

(Agenda item 2)

24.1 None were recorded.

25. Minutes of the sub-committee meeting held on 18 July 2011

(Agenda item 3)

25.1 The minutes of the abovementioned meeting were approved as a correct record.

Resolved – that the minutes of the meeting of 18 July 2011 (part 1) be agreed.

26. Minutes of the extraordinary sub-committee meeting held on 20 July 2011

(Agenda item 4)

26.1 The minutes of the abovementioned meeting were approved as a correct record.

Resolved – that the minutes of the meeting of 20 July 2011 (part 1) be agreed.

27. Update on the dip sampling of closed complaints

(Agenda item 5)

27.1 Kalyanee Mendelsohn introduced this report, noting that members had reviewed nine files. She stated that members had flagged up little of concern.

27.2 The Chair agreed that no adverse comments had been received, but cautioned that both Commander Spindler and himself had had difficulty reading one member’s contributions. He asked that members make efforts to write legibly in the future.

27.3 Kalyanne Mendelsohn suggested that the form could be emailed to members for typed submissions, but members responded that they did not wish to add additional bureaucracy.

27.4 The Chair noted ambiguity around the future of the dip-sampling process given the likely abolishment of the MPA and transition toward a Mayor’s Office of Policing and Crime (MOPC). However, Jane Harwood stated that the legislation does require a degree of continuing oversight of complaints handling within the MPS and Helen Sargeant added that the dip-sampling process may provide a useful model for overseeing ACPO level complaints in the future.

27.5 Peter Spindler thanked members for their feedback, noting that the MPA’s scrutiny of professional standards staff had certainly added value – in identifying long-term themes and trends in complaints handling.

27.6 The Chair suggested that the process would be more valuable if Commander Spindler was provided with the relevant Sub-committee reports in future, and MPA officers agreed to do so. James Cleverly cautioned that, beyond the complaint by complaint feedback that members were currently providing, it would be useful to provide occasional reports on emerging themes and trends. This was agreed by members.

27.7 The Sub-committee Resolved to consider a further two batches of complaints – regarding discriminatory behaviour and the mishandling of property.

Resolved - that the report be noted.

28. Oral report on access to Electronic Police Databases

(Agenda item 6)

28.1 The Chair introduced Commander Peter Spindler, informing members that the management of police databases had formed part of the DPS’s strategic assessment and key business for a number of years. He noted that Toby Harris had raised a number of questions on this topic during discussions at meetings of both the Strategic and Operational Policing Committee and the Full Authority, and suggested that it would be useful for Commander Spindler to convert this presentation into a briefing note to be distributed to all members.

28.2 Commander Spindler reported that there were six strands in the aforementioned strategic assessment, of which information leakage is one. He noted that he had been the organisational lead on this work for the previous 18 months and outlined a number of challenges: first, that the MPS holds information across a vast number of systems, including roughly 20 large databases, which have developed over time to address various organisational requirements; and secondly, that information handling is complicated by a core tension – between openness and data protection and integrity.

28.3 Commander Spindler went on to note that of the main MPS systems – including CRIMINT, PNC and PND – it is the latter that has the most sophisticated audit function. However, audit of the PNC’s circa 2.5 million monthly transactions has fallen below acceptable standards outlined by the HMIC. He submitted that this was because line managers were unable to perform audits of this system due to its complexity, and insufficient specialists had been adequately trained. He noted that the MPS also had limited audit capacity in relation to CRIS and Merlin.

28.4 Members were informed that the METSEC Board – and the Senior Information Risk Officer (SIRO) - has ultimate responsibility for ensuring that standards are maintained across the organisation. Prevention and proactive intelligence gathering is done by the DPS Prevention Reduction Team, who deliver upon a programme of training to supervising officers.

28.5 Commander Spindler informed members that he had consulted with Richard Heselden and that they had decided that the DPS newsletter would now contain information, in plain English, regarding what disciplinary actions were being taken against officers found guilty of misconduct and why. He also stated that information leakage was very difficult to prove – unless the officers in question are being monitored - and whilst 308 staff had been disciplined over the previous ten years, the rate of prosecution is low and only five had resigned from the force. Protocols around media relationships are being redesigned to ensure greater rigour and transparency.

28.6 The Chair welcomed the news that dismissals and disciplinary action will now receive greater publicity, noting that the MPA had been pushing this agenda for years, but had previously encountered resistance. Kalyanee Mendelsohn replied that pension forfeitures are referred to in ‘The Job’ magazine but could also be distributed via the DPS newsletter.

28.7 The Chair suggested that Special Constables could usefully be applied to provide greater audit capacity, and implored the MPS to consider this. He thanked Commander Spindler for providing this helpful update.

Resolved – that the report be noted.

ACTIONS:

1. BRIEFING NOTE REGARDING THE MISUSE OF POLICE DATABASES TO BE DISTRIBUTED TO ALL MEMBERS - MPS

29. Update on equalities issues

(Agenda item 7)

29.1 Helen Sargeant introduced this report, highlighting to members that complainants will now be asked to complete a monitoring questionnaire – which has been devised in partnership with the MPA’s Equalities Unit.

29.2 The Chair asked why this work had been done now given the current Government’s ambitions to reduce the burden upon citizens of questionnaires and other bureaucracy.

29.3 MPA officers responded that in assessing and ensuring the fair treatment of all persons by the MPS and the MPA, such questionnaires had proved a useful tool. A member agreed with Jane Harwood that such data would enable the MPA to fulfil the ‘public sector equality duty’ recently imposed by the Equality Act 2010.

Resolved – that the draft Diversity Monitoring Questionnaire be approved.

30. Annual report of the Professional Standards Cases Sub-committee

(Agenda item 8)

30.1 Members noted the report without further comment.

Resolved – that the report be noted.

31. Exclusion of press and public

(Agenda item 9)

31.1 The Chair moved to resolve that the press and public be asked to leave the meeting during discussion of the remaining items of business because exempt information as defined in Schedule 12a to the Local Government Act 1972 (as amended) was likely to be made known.

Resolved – That the press and public be excluded from the remainder of the meeting.

Part 2: Summary of exempt items

32. Annual report of the Professional Standards Cases Sub-committee (PART 2)

(Agenda item 10)

32.1 Members noted the report without further comment.

Resolved – that the report be noted.

33. Urgent items (IF ANY)

(Agenda item 11)

33.1 No urgent items were discussed.

34. Police Pensions Regulations 1987 – Application for a Certificate of Forfeiture

(Agenda item 12)

34.1 The Sub-committee was unanimous in agreeing that an application for forfeiture should be made.

Resolved – that an application be made to the Home Secretary for a certificate of forfeiture.

35. Police Pensions Regulations 1987 – Application for a Certificate of Forfeiture

(Agenda item 13)

35.1 The Sub-committee agreed following some discussion, that the officer had not committed an offence which would justify an application for forfeiture being made.

Resolved – that no application be made to the Home Secretary for a certificate of forfeiture.

36. Police Reform Act 2002 – allegations against an ACPO rank officer

(Agenda item 14)

36.1 The Sub-committee received an oral update regarding allegations made against an ACPO rank officer.

Resolved – that the report be noted.

37. Police Reform Act 2002 – allegations against two ACPO rank officers

(Agenda item 15)

37.1 The Sub-committee considered allegations against two ACPO rank officers.

38. Police Reform Act 2002 – allegations against an ACPO rank officer

(Agenda item 16)

38.1 The Sub-committee considered allegations against an ACPO rank officer.

39. Police Reform Act 2002 – allegations against an ACPO rank officer

(Agenda item 17)

39.1 The Sub-committee considered allegations against an ACPO rank officer.

40. Police Reform Act 2002 – allegations against an ACPO rank officer

(Agenda item 18)

40.1 This item was removed from the agenda in accordance with paragraph 4.8.1 of the MPA Standing Orders.

41. Police Reform Act 2002 – allegations against an ACPO rank officer

(Agenda item 19)

41.1 This item was removed from the agenda in accordance with paragraph 4.8.1 of the MPA Standing Orders.

42. Police Reform Act 2002 – allegations against an ACPO rank officer

(Agenda item 20)

42.1 This item was removed from the agenda in accordance with paragraph 4.8.1 of the MPA Standing Orders.

43. Police Reform Act 2002 – allegations against an ACPO rank officer

(Agenda item 21)

43.1 The Sub-committee considered allegations against an ACPO rank officer.

44. MPA Professional Standards Unit update

(Agenda item 22)

44. The Sub-committee noted this report without further comment.

Resolved – that the report be noted.

45. Minutes of the sub-committee meeting held on 18 July 2011 (part 2)

(Agenda item 23)

45.1 The minutes of the abovementioned meeting were approved as a correct record subject to two amendments being noted.

Resolved – that the minutes of the meeting of 18 July 2011 (part 2) be agreed.

46. Minutes of the extraordinary sub-committee meeting held on 20 July 2011 (part 2)

(Agenda item 24)

46.1 The minutes of the abovementioned meeting were approved as a correct record.

Resolved – that the minutes of the meeting of 20 July 2011 (part 2) be agreed.

ACTIONS:

1. BRIEFING NOTE REGARDING THE MISUSE OF POLICE DATABASES TO BE DISTRIBUTED TO ALL MEMBERS. - MPS

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