Professional standards performance indicators 2009/10

Report: 8
Date: 1 April 2010
By: Director of Professional Standards on behalf of the Commissioner

Summary

This report provides:

• A brief explanation of the definitions and terminology used in the Professional Standards Performance Indicators.
• An update on the current performance from the Professional Standards Performance Indicators and information on trends for complaints and resolutions
• Trends and areas of potential risk, identifying steps taken to redress emerging problems
• Identification of equalities and diversity issues arising from the data
• Details of the preparation for the revised Independent Police Complaints Commission (IPCC) Statutory Guidance

A. Recommendation

That the Members note the current performance indicators as illustrated in the Appendices 1-3 and note any areas of risk, good practice and potential issues as identified in this report.

B. Supporting information

1. Appendix 1 – contains the Public Complaints & Conduct Matters Performance Indicators

2. Appendix 2 – contains Public Complaints data by Area Command by BOCU by Allegation Category

3. Appendix 3 - contains definitions for the categories and terminology used in the performance indicators.

Performance Information

4. The performance indicators relating to the work of the Directorate of Professional Standards appear in Appendix 1. The following points relate to areas of risk, good practice and potential issues requiring further investigation.

Public Complaints 2009/10 (Appendix 1 – Table 1)

• Please note that the figures contained in Appendix 1 contain Direction & Control matters and complaints ‘not recorded’ under the Police Reform Act 2002 and thus they will differ from the figures quoted by the IPCC.
• The number of complaints recorded in Quarter 3 shows a significant decline, compared to previous quarters, due to a failure in the IPCC IT system in December necessitating those complaints being forwarded to DPS in January and February.
• The effect of the allegations arising from the G20 demonstrations is being reflected in the figures for the first quarter of 2009/10 with a greater proportion of oppressive behaviour allegations (30%) being recorded compared to the 25% recorded in 2008/08. By the second quarter of 2009/10 oppressive behaviour allegations had settled back to 25% although the performance, based up to quarter 3, indicate that the end of year figures 2009/10 is likely to be greater than the previous year and similar to the 27% that experienced in 2007/08.
• There has been reduction in the percentage of allegations Locally Resolved, and a corresponding increase in allegations investigated. In part this is due to Boroughs choosing to undertake ‘proportionate’ investigations, supplying the complainant with an outcome to an investigation letter, rather than pursuing the Local Resolution route.
• There has been an increase in the proportion of Local Resolutions dealt with by Boroughs and Business Groups themselves (66%) and a corresponding decrease in the proportion of those dealt with by DPS (34%). These proportions accord with the expectations under the ‘Taylor’ reforms.
• Since ‘Taylor’ such changes have played a part in the increase in time taken to complete all cases, rising from a yearly average of 49 days in 2008/09, against a target of 64 working days, to 54 days average for 2009/10, up to the end of December 2009.
• At the end of December 2009 17% (271) of live cases were over the target of 64 days, which was just over twice the proportion that were over-target in 2008/09 (8%).
• The time taken to locally resolve an allegation on BOCU has risen from an average of 38 days in 2008/09, against a 43 working day target, to just over the target with 44 days average in the financial year to date 2009/10.

Conduct Matters 2009/10 (Appendix 1 – Table 1)

5. Completion of conduct matter cases remains within the 64 day target but the average number of days taken has increased from 54 days in 2007/08 to 60 days as at the end of December 2009.

6. To monitor and address performance issues, the DPS Senior Management Team commissioned a new performance report that illustrates the volume and timeliness, against targets, for those cases being dealt with by DPS Customer Service Team, DPS Borough Support Units and Boroughs/Business Groups.

Professional Standards Support Programme (PSSP)

7. The public complaint data (January – December 2009), presented in Appendix 2 by Area Command, is used to ascertain the priority in which (B)OCUs will receive support. Both the actual volume of allegations and the number per 100 officers are taken into consideration in determining where to direct resources.

8. The current strategic direction for PSSP is professional behaviour – incivility, which has resulted in a reduction in the proportion of allegations of incivility from 19.2% in 2008/09 to an average of 17% over the first three quarters of 2009/10. To ensure such a decline continues, incivility remains in the Professional Standards Control Strategy and performance is monitored through the Professional Standards Steering Committee (PSSC). During 2009/10 all Boroughs will have received a Professional Standards input through the PSSP.

9. In addition to the prevention work related to incivility, DPS are currently delivering the Professional Behaviour - Support for Managers package to give officers, at Sergeant and Inspector level, the knowledge and confidence to challenge, report and ‘take action’ against officers whose behaviour has fallen below the Standards of Professional Behaviour. It is envisaged that this will support the drive forward regarding more robust supervision to deal with failure in duty complaints and compliance issues.

10. Due to the continuing rises in Failure in Duty allegations it now appears in the Professional Standards Control Strategy and will be a PSSP priority for 2010/11 and monitored through the PSSC.

IPCC Revised Statutory Guidance on Police Complaints

11. The new guidance is due to come into effect on 1 April 2010. It will bring the complaints system in line with the Taylor recommended reforms to misconduct and delivers on many of the proposals resulting from the review 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 guidance aims to: -

• 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.

12. An action plan has been drawn up to ensure the successful implementation of the revised guidance and it will cover the following strands: -

• Consultation and Engagement
• Information Systems (inc: changes to the Tribune system, recording and Internal Processes)
• Communications and Marketing
• Training and Awareness

IPCC Performance Management Framework

13. The IPCC Joint Project Board has decided that the commencement of the Performance Management Framework will been delayed until September 2010. This will allow for the necessary changes to the data export program following the implementation of the system upgrades to cater for the revised statutory guidance. Once this has occurred, the IPCC will continue to request quarterly performance data from forces. Previously the MPS was due to submit data at the end of March 2010.

C. Race and equality impact

1. DPS has contributed fully to the Authorities Race and Faith Enquiry, chaired by Cindy Butts. The DPS Diversity Co-ordinator has attended the enquiry and given evidence.

2. At this stage there does not appear to be a significant impact to race and diversity within the current Professional Standards Performance Indicators; however the PSSP process includes analysis of the demographic information for both complainants and officers/staff.

3. DPS have responded to the ACPO Monitoring Survey on disproportionality in complaints and misconduct post-Taylor. The survey, which was sent to all forces within England & Wales, asked for comments relating to any apparent disproportionality and any actions being taken to address this.

4. Further analysis of the management of conduct cases and public complaints is being undertaken as part of an ongoing review to monitor whether disproportionality is evident in any of our processes. That review has, to date, involved the inclusion of colleagues from the Diversity and Citizen Focus Directorate. Further work is being carried across the Directorate to identify potential risk areas in order that they can be addressed appropriately and will involve dip sampling of cases and comparative studies.

D. Financial implications

1. The changes to the Tribune system, to comply with the IPCC Statutory Guidance changes will cost approximately £60k (£50k Capgemini and £10k Force Information Systems). DoI have agreed to fund this from within 2009/10 budgets and has submitted this sum for MPA approval in the quarterly Capgemini report produced to the Resources and Productivity Sub-Committee meeting as is normal practice for all additions or variations to the CapGemini contract.

2. All costs relating to other activities described above are covered from within existing DPS budgets.

E. Legal implications

1. This is a performance information report, therefore there are no direct legal implications arising.

2. The report highlights the change to the IPCC’s statutory guidance in relation to complaint handling. This will be highly relevant to the role of the MPA, as complaint handling forms part of its core duties around promoting the efficiency and effectiveness of policing. The Police Reform Act 2002 sets out in more detail the responsibilities of the MPA, as police authority, in relation to dealing with police complaints and discipline matters, and information that it is required to provide to the IPCC.

3. The IPCC’s general duty under the Police Reform Act 2002 is to increase confidence in the police complaints system and thereby contribute to increasing confidence in policing as a whole. The revised statutory guidance will replace the current guidance “Making the New Complaints System Work Better for Police Forces” which was issued under s22 Police Reform Act 2002, and came into effect in December 2005. The new statutory guidance has received the Home Secretary’s approval following consultation with key stakeholders, and will come into effect from the 1 April 2010. It is hoped that the revised statutory guidance, which reflects changes in police discipline will secure a better complaints system for complainants, police offices and police staff, and will make a marked difference to the number of complaints recorded in the future by providing appropriate solutions and local ownership.

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 authors:

• Michael Clark, Higher Performance Analyst, Directorate of Professional Standards
• David George, Detective Chief Superintendent, Directorate of Professional Standards

For information contact:

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

Send an e-mail linking to this page

Feedback