Taylor Reforms: one year on and organisational learning

Report: 7
Date: 1 April 2010
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 twelve months of the Taylor Reforms (New police misconduct and performance procedures) on 1 December 2008.

A. Recommendation

That Members note the content of the report for their information.

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 twelve months of Taylor Reforms

Performance and Benefits Realisation

3. The Taylor Benefits Realisation Plan was drawn up at the outset of the project to ensure that tangible improvements in performance, timeliness and proportionality were achieved. The first twelve months have proved extremely promising particularly around the number of officers brought before a hearing now down from 49 in 2008 to 12 in 2009 (resulting in 7 Dismissals and 5 Final Written Warnings) and the proportion of both public complaints and misconduct cases being dealt with by B/OCUs (over 60%). Dealing with public complaints and internal conduct matters is not currently a performance indicator for B/OCUs so the 60% target will continue to be monitored as Professional Standards Champions become more familiar and proficient in handling cases of misconduct and under performance. A chart showing the benefits monitoring of Taylor performance is attached at Appendix A.

4. Further work is being undertaken to monitor implementation of the new misconduct arrangements in relation to their impact upon officers from minority ethnic groups. This was against a backdrop of concerns expressed in the ‘pre-Taylor’ days in the Morris Report, by the Commission for Racial Equality and in other quarters about the way in which the previous arrangements appeared to adversely affect certain minorities. Chief Constable Paul West, ACPO Lead on Professional Standards has been asked to report to the Ministerial Ethnic Minority Steering Group in March 2010 on how forces are monitoring the new procedures and to identify whether any continuing concerns regarding disproportionality exist. In respect of the MPS submission, the data did not identify any disproportionality amongst Police Officers and Special Constables. Further work by the Taylor Project Team has been commissioned from the Diversity and Citizen Focus Directorate to explore whether any disproportionality exists at the initial assessment stage and other procedural stages within the Taylor process. Two senior criminologists have been appointed to research this area and are currently at the scoping stage with a view to reporting initial findings in summer 2010.

Training

5. There are now in excess of 250 Taylor trained B/OCU Professional Standards Champions who are proficient in undertaking and administering Misconduct Meetings at a local level. During January and February 2010, they were all invited to attend a DPS Taylor refresher training day to update their skills and experience around misconduct and unsatisfactory performance. The Federation were also invited to attend and actively participated in the discussions throughout the day. A number of guest speakers and presenters also attended from the DPS Borough Support Units, DPS Misconduct Unit and HR Directorate. The training was a huge success indicating that the PSCs feel they have been fully equipped with the tools to do the job in respect of misconduct and unsatisfactory performance. The feedback from the PSCs, following the training, was extremely positive as outlined below;

Q1. Do you feel you have had sufficient training by DPS to manage the misconduct process?

A1. Yes (99.6%). No (0.4%). Additional training has been offered to the one individual who did not feel they had sufficient training in the misconduct process.

Q2. Do you feel you have had sufficient training by HR to invoke the Unsatisfactory Performance Procedures?

A2. Yes (92%). No (8%). HR has been provided with feedback and details of individuals who require additional training.

Q3. Do you feel confident at the initial assessment stage in distinguishing between what is deemed performance and what is deemed misconduct?

• 6 [Completely]: 26%
• 5: 56%
• 4: 17%
• 3: 1%
• 2: 0
• 1 [Not at all]: 0

Q4. Over the past year, do you feel you have been well supported by your DPS Borough Support Unit colleagues?

• 6 [Completely]: 45%
• 5: 36%
• 4: 14%
• 3: 4%
• 2: 1%
• 1 [Not at all]: 0

Q5. How useful was this training refresher course?

• 6 [Completely]: 29%
• 5: 53%
• 4: 15%
• 3: 3%
• 2: 0
• 1 [Not at all]: 0

6. A bespoke Taylor training package for new PSCs continues to be rolled out bi-monthly to provide resilience and back fill the first generation of PSCs, who were originally selected and trained in July 2008 and have since moved on within the organisation.

Public Complaints

7. Although the Taylor Reforms primarily focus on managing misconduct and dealing with unsatisfactory performance there is an inextricable link to public complaints. It is in the spirit of Taylor that where members of the public are dissatisfied with a local service then that local service should put things right - it is about restoring local trust and public confidence. Public Complaints have risen by 26% over the last two years and this trend is expected to rise, understandably this continues to present a challenge for DPS.

8. On 1st April 2010, the Independent Police Complaints Commission (IPCC) revised Statutory Guidance on Police Complaints takes effect. It will bring the complaints system in line with Taylor and delivers on many of the proposals resulting from the ‘Stock Take’ of the complete system undertaken by the IPCC and supported by ACPO. The guidance will help police forces to respond more effectively to concerns raised by citizens about the contact they have had with police and aims to reduce the amount of bureaucracy associated with complaints. The IPCC and MPS believe the guidance will:

• Enable front line officers and staff to resolve dissatisfaction on the spot where possible and allow minor issues to be addressed immediately before they escalate to the point of becoming a complaint.
• Enable officers and staff to take a proportionate approach to investigations, by setting out factors to assist in judging proportionality and setting minimum expectations of what must be done.
• Help to make the outcome of a complaint more meaningful to the citizen, by replacing the ‘substantiation’ of a complaint based solely on establishing provable misconduct with ‘upholding’ a complaint based on whether in all the circumstances it appears to be justified.
• Widen the range of tools forces and police authorities use to drive improvement, by ensuring they consider and apply a broader range of outcomes including good quality explanations, apologies and learning.

9. In preparation for this, DPS has appointed a project team to lead and implement the IPCC changes to include strand leads for consultation and engagement, information systems, communications & marketing and training & awareness.

10. A business case is currently being drawn up within DPS for additional professional development training to prepare PSCs in how to deal with Public Complaints, particularly focusing on developing a local resolution system which will make use of current best practice in the investigation and mediation of complaints, to promote an increase in local resolution of complaints at a borough level. It is also proposed that DPS Borough Support Unit staff are trained in mediation to deal with more complex public complaints that boroughs are unable to locally resolve, bringing the ‘Restorative Justice’ agenda to DPS in restoring public confidence. This approach has been piloted by staff on the South West Borough Support Unit and the results are proving successful.

Post Project Review

11. The Taylor Project has now implemented the Taylor Reforms throughout the MPS and will formally close the project and subsume a number of functions into business as usual within DPS. All project posts have been given up for savings within financial year 2010/11 together with 4 police staff posts within the Misconduct Unit as a result of the decrease in the number of misconduct hearings - savings made in financial year 2009/10. The professional development of Professional Standards Champions will remain the responsibility of DPS as ‘head of profession’.

12. A formal strategy for how the organisation will respond to the increase in public complaints will be addressed in the next few weeks as planning for the new IPCC Statutory Guidance takes effect.

Organisational Learning

13. In support of developing learning as core MPS business, DPS has appointed an organisational learning manager within the DPS Prevention and Reduction Team (PaRT). The post holder manages the robust processes now in place to capture and embed throughout the MPS learning from DPS, IPCC and inquest cases. As key learning themes have developed in TP Emerald-custody, CO19 Firearms, CO15 Traffic Pursuits policy and driver/operator training, PaRT has supported the implementation of learning by working with these business groups. PaRT liaises with the IPCC Learning Lessons teams at the regional offices making recommendations to the MPS. PaRT also reviews the national Learning Lessons Bulletin capturing national best practice.

14. Identified learning is implemented at an organisational level through policy and practice reviews and changes supported by the correct training. PaRT also implements learning through the Professional Standards Support Programme (PSSP). This is an awareness raising programme delivering learning and best practice to uniform officers in core policing roles throughout the MPS. Currently PSSP is delivering on incivility, use of force and IT misuse/social networking. During 2010, PSSP will deliver a Support for Managers package that seeks to give knowledge and confidence to supervisors in challenging unacceptable behaviour and performance, and address failure in duty complaints. The work of PaRT supports improving service delivery and increasing community confidence. The work of the team has been presented to IAG's, Muslim and youth groups, and police consultative groups outlining the prevention and learning work being undertaken, with extremely positive feedback.

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 to 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 continuous professional development training for DPS Borough Support Unit staff and PSCs (as outlined under ‘Public Complaints’ - paragraph 10) will be scoped in the next few weeks although costs are expected to be met from the DPS Training Budget. There are no financial strategic implications to be considered at this stage.

E. Legal implications

1. The new procedures and change in culture referred to in this report were introduced under the Police Reform Act 2002 by the Police (Conduct) Regulations 2008, Police (Performance) Regulation 2008 and Police (Complaints and Misconduct) (Amendment) Regulations 2008 which are supported by Home Office Guidance 025/2008.

2. The new procedures for both performance and misconduct are based on ACAS principles. They aim to provide managers with the means to deal with unsatisfactory performance and misconduct in a way that is fair, transparent, proportionate and timely. The new standards reflect the Council of Europe Code on Police Ethics - enshrining the values of fairness and equality in policing.

3. The conduct procedures apply to police officers of all ranks. Performance procedures apply to police officers up to and including the rank of chief superintendent. Both procedures can be applied to special constables.

4. There are no further legal implications.

F. Environmental impact

1. As this is a performance monitoring report there are no direct environmental impacts

G. Background papers

None

H. Contact details

Report author: Nadia Musallam, DPS Taylor Project Manager, MPS

For information contact:

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

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