Police use of Taser

Report: 11
Date: 2 April 2009
By: Chief Executive

Summary

This report summarises the MPA oversight of the MPS extended use of Taser pilot.

A. Recommendation

That Members note the MPA oversight of the Taser pilot.

B. Supporting information

1. The MPA agreed to the use of Taser in April 2003 on a pilot basis, by authorised firearms officers (AFOs). There were strict guidelines governing the situations in which a Taser could be used. At the time, members raised several concerns including operational deployment, post-incident investigation following use of a Taser, the possibility of its use being extended after the pilot, training for users, the health aspects and the need to explain fully its introduction to Londoners in an appropriate way. Regular reports were received by Members updating them on its use and providing a summary of the situations in which it had been used and in Sept 2007 the Home Office announced that AFOs could use Taser in 'less lethal' situations.

2. In the summer of 2007, the Home Office also announced its intention to undertake a pilot to assess whether Taser could be rolled out to non-firearms officers. 10 Forces took part in the pilot, which started in September 07. There were two discussions at Authority meetings during the autumn of 2007 about whether the MPS should be authorised to participate in the pilot. Their proposal was to train a small number of officers from the Territorial Support Group (TSG). Strict control measures were put in place to ensure appropriate use. Some members remained opposed to the pilot. However, on balance, members were minded to agree to the pilot subject to the oversight and evaluation process set out below, not least because this would ensure that the pilot took account of London policing issues. In doing so a number of concerns remained about the extension of Taser in this way, including:

•  Whether the training will be sufficiently thorough particularly in relation to special population groups and negotiation skills
•  At the need to develop a community engagement/media and communications strategy to explain the pilot to Londoners and the media and the related concern that the use of Taser will affect community confidence in the police
•  The need to understand why there was disproportionality in the use of Taser
•  About the operating procedures that would be applied, the concern being that some officers might resort too quickly to using Taser
•  The effect of Taser on people with certain medical conditions and on young or small people (given that medical evidence suggests size has a bearing on the danger of damage from Taser)
•  The need for filming of (some) Taser ‘encounters’ as a safeguard
•  Further information was needed on the protocols applied to the various non-lethal options, such as Taser, batons and CS spray

3. The Authority agreed to the MPS participation in the Taser pilot on the basis that the MPA must be involved in monitoring and evaluating the pilot. To this end it was agreed a member group would be established, chaired by Cindy Butts to carry out this oversight role, with the support of MPA officers and regular reports from the MPS. That group met several times before the end of the pilot in September 08. It was reconvened in February 2009, to consider the MPS’s assessment of the pilot.

4. Throughout the pilot period, the oversight group was provided with daily feedback on the use of Taser and was therefore able to challenge its use if necessary. It should be noted that there was only one incident that caused concern, and upon investigation, the oversight group was pleased to note that the relevant commander had already taken action. It should be noted that more general concerns arose out of this process and these are detailed below.

5. Members were particularly impressed with the governance arrangements put in place by Commander Broadhurst and within TSG to ensure that the use of Taser was controlled and proportionate. Members of the oversight group spent a shift with TSG to understand how the control measures, supervision and training worked in practice and were impressed with the professionalism and cautiousness with which TSG officers had approached the pilot. Members raised some concerns about the training being given to officers, in particular about one of the videos used on the training course. Adjustments were made to the training as a result.

6. Disproportionality was a recurring theme at oversight meetings. The analysis of incidents consistently shows disproportionate use against black and minority ethnic men. The MPA recognises that TSG is brought in as a tactic response by borough officers to react to/resolve violent situations, and therefore has to react to the incident as it presents itself. However, the MPA continues to seek reassurance that the MPS understands fully the reasons for disproportionality and is doing what it can to minimise it. The oversight group have for example asked whether it is possible to undertake some analysis TSG deployment to violent call outs and whether such trends are reflected. The oversight group is also looking forward to seeing the Equalities Impact Assessment of the pilot. The other area that was of concern to the MPA was the proportion of incidents involving ‘special population groups’, particularly individuals with mental health issues. We recognise the steps made to engage with the mental health profession, but suggest there is more to do in respect of engaging with mental health service users.

7. In respect of monitoring use, the oversight group have asked the MPS for a narrative that explains to Londoners why it is use is more prevalent in some boroughs and to outlines the benefits Tasers can bring. The group also requested that the MPS pay particular attention to the incidents where Taser has been used against young people.

8. The MPS have been proactive in their community engagement throughout the pilot period. This was supported/enhanced by the MPA, with for example a presentation at the Independent Custody Visiting conference in 2008. The oversight group commended the MPS for the engagement strategy they have employed, and recommend that this should be continued. In particular, the oversight group would like to see better engagement with key stakeholders such as the health profession, the disability independent advisory group, ICVs, and community police engagement groups.

9. When agreeing to participation in the pilot, the MPA made it clear that there had to be sufficient time at the end of the pilot for evaluation before any decisions were taken about whether to confirm the pilot arrangements. Furthermore members were clear in 2007 that agreement to participation in a pilot did not imply approval to subsequent roll-out more widely on a permanent basis. This decision will need to be taken by the Authority in due course. Members may wish to consider how and when they will do this.

10. The oversight group is aware that there has been some discussion within the MPS as to whether other units should be granted permission to use Taser. Again, the oversight group is impressed with the robustness of the process being used to evaluate whether extended use would be appropriate. The MPS will bring forward proposals if necessary in due course, but the oversight group remains sceptical about whether further roll out is required. It is their view that any decision should be based on a clear business case that demonstrates irrefutable need, that cannot be met by current provision and must be balanced against the potential risks i.e. confidence within the wider community as well as London’s BME communities.

C. Race and equality impact

As paragraph 6 makes clear there are ongoing concerns about the apparently disproportionate use of Taser against BME males. The MPA has been consistent in its challenge to the MPS on this issue, particularly about ensuring the MPS understands the reasons and is doing what it can to minimise it.

D. Financial implications

The financial implications of the pilot are covered within the MPS report. There were no direct financial implications to the MPA oversight process.

E. Background papers

None

F. Contact details

Report author: Siobhan Coldwell, Head of Oversight and Review, MPA.

For information contact:

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

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