Taylor Reforms: a 6 month update

Report: 10
Date: 9 July 2009
By: Director of Professional Standards on behalf of the Commissioner

Summary

This report provides members with an update on progress following the implementation of the first six months of the Taylor Reforms (New police misconduct and performance procedures) on 1 December 2008. Early indications show that implementation has been successful with performance and benefits realisation on track.

A. Recommendation

That

1. members note the report; and
2. note the potential to continue training in professional standards and management of behaviour.

B. Supporting information

What are the Taylor reforms?

1. On 1 December 2008 legislation was passed that introduced new police misconduct and performance procedures throughout the Police Service in England and Wales. The regulations introduced three significant elements;

• New national standards of professional behaviour
• The reintroduction and reinvigoration of the Unsatisfactory Performance Procedures (UPP)
• New procedures for addressing misconduct in the police service.

2. The introduction of the new police misconduct and performance procedures moved the emphasis of the police discipline framework from punishment to professional development and improvement. The focus has been to address unsatisfactory performance in favour of encouraging a learning environment of not only the individual but also the organisation thus improving the future service delivery. Where the matter was more of wrongdoing than poor performance the reforms introduced two clearly defined levels of misconduct – misconduct and gross misconduct. Misconduct cases are now managed at B/OCU level through trained Professional Standards Champions (PSCs) where the maximum outcome is a final written warning. Gross misconduct continues to be managed by the Directorate of Professional Standards (DPS) where the maximum outcome from a hearing is dismissal from the police service.

Review of the first six months of Taylor

Performance

3. A performance and benefits realisation plan for the Taylor Project was drawn up in the very early days of implementation to ensure that DPS remained on track to deliver tangible improvements in performance, timeliness and proportionality through indicators and targets. The information is collated and presented on a quarterly basis and a summary of the first quarter is shown in Appendix 1. These performance figures represent a positive start for the first quarter of the Taylor Reforms.

4. It was identified to the MPA PSCC, prior to the introduction of the reforms that, the move of some work from DPS to individual OCUs would cause performance pressures. Specifically, DPS maintain investigation of public complaints and conduct matters to a target below 64 days. This is their core role and, despite a significant rise in public complaints over the past years, is one they have maintained and in fact improved. Under Taylor, some of the work is given to OCUs. This often takes longer, partly because the OCUs are less familiar with the processes and are also subject to many other priorities. It is in the spirit of Taylor however that where members of the public are dissatisfied with a local service that the local service ought to try to put things right. This is about restoring local trust and building local links.

5. The MPA has previously recognised that, whilst timeliness is important - it ought not to stand in the way of recovery of service failure and local responsibility for officers’ actions. Dealing with public complaints or internal conduct matters is not currently a performance indicator for OCUs. Whilst DPS is rightly held accountable, recognition must be given to the time that matters will now spend on OCUs pending action or resolution. This is an issue in which Link members may have particular interest.

6. Despite the above performance tension the initial results for Taylor are promising. Timeliness has been maintained but it is evident that some OCUs can take longer than DPS to complete investigations or deal with complainants.

7. In respect of data showing the number of misconduct / gross misconduct cases and outcomes under the new Taylor reforms from 1 December 2008 to 31st May 2009 (first 6 months), a breakdown is shown below;

8. An initial assessment means that a formal note has been made of the behaviour of an officer and that a decision is made if further investigation is necessary. This is a structured process with the aim being to ensure that only wrongdoing is pursued by the misconduct route. Unsatisfactory performance is identified as just that and simple mistakes are also identified and learned from. That this is recorded and assessed forms the building blocks in many cases for improving future performance as it can be placed within an officers annual report complete with an action plan.

Initial Assessment	Total
Gross Misconduct	131
Misconduct	180
Unsatisfactory Performance	12
No Further Action taken	41
Total	364

9. Of the 364 Initial assessments, 147 went to the next level of Final Assessment resulting in;

Final Assessment	Total	Final Outcomes
Misconduct Hearings (Gross misconduct only)	4	1 x dismissal 3 x await decision
Misconduct Meetings	37	3 x Final Written Warning 23 x First Written Warning 1 x No Further Action 10 x await decision
Unsatisfactory Performance	8	N/A
Management Action	39	N/A
No Further Action	65	N/A

10. One initial concern over any misconduct or performance process is that it may affect one group of officers more than any other. An initial analysis of those officers who have been subject to a final assessment is shown below. It is indicative and only a snapshot but informative in any event.

Final Assessment	Total	Rank	Gender	Ethnicity
Misconduct Hearings	4	4 x PC	4 x Male	4 x White
Misconduct Meetings	37	1 x DI 3 x DS 2 x PS 6 x DC 25 x PC	32 x Male 5 x Female	32 x White 2 x Black 2 x Asian 1 x Other
Unsatisfactory Performance	8	7 x PC 1 x TDC	6 x Male 2 x Female	7 x White 1 x Asian
Management Action	39	1 x C/I 1 x DI 3 x PS 5 x DC 29 x PC	33 x Male 6 x Female	31 x White 3 x Black 4 x Asian 1 x Other

Training

11. The training programme for all Taylor practitioners has now been completed. All 240 Professional Standards Champions received a two-day classroom based course led by Barristers from 5 Essex Court. They are one of only 2 Home Office accredited and approved training providers and DPS funded the training programme. All PSCs are proficient in administering misconduct meetings as a result of their formal training. To cater for the needs of ACPO and Superintendents already trained in existing procedures the same training providers created a 1 day familiarisation package that they delivered on 4 occasions through December.

12. Under the new regime there are a number of changes, one of these being the ability of Senior HR professionals to now take part in and actually chair police misconduct hearings. The first 2 day training event took place in April where, in addition to ACPO and Superintendents, 2 senior HR staff attended. Once again this was led by accredited providers.

13. An interim review of training for PSCs was conducted in March and found to be thorough and beneficial although most thought that experience through managing the process would prove to be the biggest test. DPS agreed to continue to call together all PSCs every 6 months so that updates could be given and learning shared. The first such event was in April, where in addition to a DPS update the IPCC also attended as did an external consultant to give an awareness on the X Y generation communication issues and understanding how thought processes driver different age groups.

14. What has emerged is a desire from the PSCs for more of their staff to be trained. This is twofold, firstly it will share the workload but, more importantly, this is the first training that many supervisors have had in actual practical management of staff and assessment of behaviour. DPS are reviewing if a bespoke 1 day event can be held every quarter to provide replacements of staff who leave OCUs and slowly grow the pool of trained people who understand not only what they need to do but as importantly, why and how. Whilst managing UPP and Misconduct training is provided to all Sergeants and Inspectors through Transforming HR training and also by the Leadership Academy the PSCs were strong in their view that the training they had received should be an integral part of the training for all new supervisors.

Procedures and processes

15. The DPS Taylor Project Team has proactively sought feedback from the Taylor practitioners from the outset and nearly all have been visited at their place of work to establish and ensure that all the processes and procedures implemented are ‘match fit’. Additionally, a formal briefing for over 200 PSCs was held on 27 April at New Scotland Yard to seek views and share experiences of the new procedures. The overwhelming feedback was that the new misconduct procedures were working well subject to a few minor changes to forms (notably they were cumbersome and difficult to work with). The alignment between police staff discipline and police officer misconduct and performance could also be improved although it was accepted that for this to change business group realignment would be required and this was not within the remit of DPS.

Post Project Review

16. From June 2009 a formal review of Taylor implementation will be undertaken primarily to look at internal DPS structures to ensure it is best placed to support the Taylor reforms in the longer term. The formal review will factor in the increase in recorded public complaints and the resilience of B/OCUs to deal with these in a timely, consistent and proportionate manner. DPS will retain overall accountability for public complaints until such time as B/OCUs demonstrate that they have the resources and expertise to provide a good quality of service to increase customer confidence in the public complaints system. Further consultation with key stakeholders will be undertaken throughout the duration of the review. A number of options will be presented to the DPS Command Team for consideration in October / November 2009.

Stakeholder Management and Communication

17. To ensure that the benefits of Taylor continue to be realised and all risks managed, the Taylor Project Board will continue to meet bi monthly. All governance stakeholders will be provided with periodic progress reports through MPA SOP Committee, Management Board, MPS Professional Standards Strategic Committee and DPS Command Team Meetings. Under the Post Project Review, the Taylor Stakeholder Strategy will be reviewed and further consultation will be undertaken to ensure that all Governance, Influencer, Beneficiary and Supplier Stakeholders are satisfied that Taylor has met its strategic aims and objectives. Communication will take the form of regular monthly updates on Taylor issues to all PSCs and DPS staff together with formal briefings / training updates every six months. The Taylor Website is regularly updated to ensure that key messages are consistent and all published information is correct.

C. Race and equality impact

Equality and Diversity issues have been inherent within the planning and implementation of the Taylor Reforms. Stakeholder engagement and consultation will continue as outlined within the body of the report and the review of the Taylor Stakeholder Strategy will provide a platform for progress and performance to be shared, scrutinised and openly debated with our stakeholders to ensure that the strategic aims and objectives of the Taylor Reforms have been met.

D. Financial implications

The results of a post-project review will be considered by Management Board in December 2009/January 2010. The results of the review will then be built into future budgets and business plans.

E. Background papers

None

F. Contact details

Report author: A/DCS Andrew Campbell, DPS, MPS

For information contact:

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

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