Revised statutory guidance from the Independent Police Complaints Commission – an update

Report: 13
Date: 1 July 2010
By: Chief Executive to the Authority

Summary

This report from the Chief Executive seeks to:

• update members on the requirements of the revised Statutory Guidance on the police complaints system issued by the Independent Police Complaints Commission (IPCC) on 1 April 2010;
• advise Members of the work in progress with regards the implementation of the revised Statutory Guidance; and
• request guidance from Members as to the areas that they would like to receive reports going forward, including which areas they would like reported to this Committee and which issues they would like reported to the Professional Standards Cases Sub-Committee (PSCSC).

A. Recommendation

That

1. Members note the content of the report.
2. Members provide guidance to officers as to which reports they would like to receive at SOP and which reports they would like to be submitted to PSCSC.

B. Supporting information

1. The Chief Executive reported to SOP on 1 April 2010 on the revised Statutory Guidance on the police complaints system issued by the IPCC, and Members of this Committee were informed that they would receive an update on the implementation of the revised Statutory Guidance in July 2010. The Chief Executive reported to PSCSC on 19 April on the detail of the revised guidance, and members requested that the resource implications of implementing the Statutory Guidance, including the cost of the data base merger, training, and the allocation of staff to be reported to SOP.

2. This report therefore aims to: inform Members of the new requirements, advise Members of the work in progress of the implementation of the revised Statutory Guidance, and requests guidance from Members as to how they would like to receive reports going forward.

3 By way of background, the IPCC has a statutory duty to promote public confidence in the police complaints system.

4. The IPCC issues Statutory Guidance to the police service and police authorities on the handling of complaints pursuant to section 22 of The Police Reform Act 2002 (“the PRA 2002”). The Statutory Guidance applies fully to all 43 Home Office police forces in England and Wales and applies to all police officers, police staff members and special constables working within those forces.

5. The Statutory Guidance also applies to all police authorities for the 43 Home Office police forces, who are responsible as the ‘appropriate authority’ for dealing with complaints, conduct matters and allegations against senior officers. The MPA, through the Professional Standards Cases Sub-Committee is responsible for dealing with complaints, conduct matters and allegations against officers in the Metropolitan Police Service who hold the rank of Commander, Deputy Assistant Commissioner, Assistant Commissioner, Deputy Commissioner and Commissioner (“Senior Officers”).

6. The IPCC first issued Statutory Guidance on the complaints system in 2005. On 1 April 2010 the IPCC issued revised Statutory Guidance which applies to the handling of all complaints and recordable conduct matters which are recorded on or after 1 April 2010 and to all Death and Serious Injury matters arising from an incident which occurs on or after 1 April 2010. In addition, the revised Statutory Guidance primarily applies to cases commended under the complaints system as it stands since 1 December 2008

7. It is the duty of everyone to whom the guidance applies to have regard to it when exercising the powers and duties to which the Statutory Guidance relates.

Chapter 5 of the Statutory Guidance: monitoring and development

8. Chapter 5 of the Statutory Guidance [1] deals with Monitoring and Development within the complaints system, to ensure that the complaints system carries public confidence. This chapter provides further responsibilities for police authorities in respect of monitoring police forces to ensure proper systems are in place in respect of the performance framework, data collection and reporting, and recommendations and learning arising from investigations of complaints and it is this chapter that this report focuses on.

9. There are 5 key areas in terms of monitoring that it is suggested that the Committee needs to focus on. These are:

9.1 Monitoring performance through performance indicators;

9.2 The recording of allegations to check that these are being adhered to;

9.3 Lessons learnt - ensuring that this is happening

9.4 Ensuring quality by dip sampling

9.5 Measuring satisfaction by ensuring feedback is provided from users of the service

These are set out in more detail below.

(9.1) Performance indicators

10. The Statutory Guidance states that the aim of the performance framework is to provide a useful management tool for those who deliver the complaints system and those responsible for its oversight.

11. The IPCC have set out a number of performance indicators for the framework so that the MPS, and all forces across England and Wales, and the IPCC are measured against these outcomes. These are:

• Confidence – increase public, complainant, police and staff confidence in the complaints system;
• Learning – use lessons learnt to improve the complaints system and policing;
• Engagement – increase public, police and staff awareness of the complaints system;
• Proportionality – balance the timeliness, quality and cost of resolution;
• Accountability – organisations within the system are accountable for their performance and bring individuals to account for their conduct.

12. The Statutory Guidance states that performance indicators have been developed under each of these aims and a complete list of the indicators that make up the performance framework can be found on the IPCC website.

13. Members currently monitor the performance of those who deliver the complaints system at the MPS by receiving reports to SOP on their achievements against the performance indicators. It is considered that the MPS will continue to provide reports against any new performance indicators that the IPCC produce.

(9.2) Recording of allegations

14. The IPCC is responsible for collection and presentation of national statistics. In order to ensure consistent reporting, recording standards have been developed and these are set out in Annex A of the Statutory Guidance. The Statutory Guidance makes clear that the MPS’s case management system will need to ensure that it adheres to these recording standards. The MPA is required to satisfy itself that the MPS is adhering to these recording standards.

15. The Statutory Guidance provides that the MPS are required to provide the IPCC with data relating to public complaints recorded on databases in their professional standards departments on a regular basis.

16. Members may wish to consider how they would like this reported to them. Possible options are:

16.1 requesting a report on the information that the MPS provides to the IPCC;

16.2 dip sampling; or

16.3 reporting from the MPS confirming that they are adhering to the recording standards.

17. The IPCC also states in its key considerations document that accompanies the Statutory Guidance that “police authorities may wish to liaise with their force’s professional standards department to ensure an agreement is in place to enable the recording of complaints against ACPO rank officers (and the resulting outcomes) on the professional standards department’s database”.

18. This piece of work is underway. At present professional standards officers use a simple case schedule. The new solicitor has recently received an introduction to the case management system that the MPS uses to record all allegations against its officers. She is currently reviewing the system in liaison with her colleagues at the Directorate of Professional Standards to consider whether this system can be used for ACPO case management purposes or whether the MPA will need to purchase its own system, and will report back to the next SOP meeting with an update.

(9.3) Learning lessons

19. The IPCC has provided guidance on how learning should be captured and disseminated in individual cases. The Statutory Guidance provides that the IPCC expects police authorities to ensure that forces and police authorities have effective systems in place for capturing and disseminating learning and monitoring the implementation of changes that result. [2]

20. The Statutory Guidance provides that the MPA must ensure that the MPS has in place the following system (set out at paragraph 21), and on an ongoing basis check whether the MPS is using this system appropriately. The Statutory Guidance provides that the MPA must also consistently check on progress the MPS is making with regards recommendations it has agreed to implement.

21. The learning lesson system that the Statutory Guidance recommends:

“Forces must ensure that a system (with appropriate recording) is in place in respect of:

• Recommendations in investigation reports, appeal decisions and other operations of the complaints system;

• Learning published in the Learning the Lessons Bulletin

• Other internal learning.

This system should be designed to:

• Decide what to do with a recommendation;

• Implement it (or not) in accordance with what is decided;

• Monitor the impact of learning;

• Make adjustments to recommended policy or practice as appropriate

Forces should respond to the IPCC in respect of recommendations in IPCC investigation reports (managed and independent), appeal decisions and other operations of the complaints system. They should also report regularly to their police authority on progress in implementing recommendations that have been accepted. Finally, forces should provide information to the IPCC on learning in the relevant performance framework indicators (see the IPCC website).”

22. Officers propose that the Professional Standards Unit and DPS work together to ensure that this is happening. Members may wish to request a report to SOP on a 6 monthly basis.

(9.4) Ensuring quality

23. The IPCC guidance provides that it expects police authorities to ensure that its force has adequate quality assurance measures in place. One such method is dip sampling.

24. This work is already underway. The PSCSC received a report on 12 October 2009 on dip sampling and approved a protocol. Officers in the Professional Standards Unit are undertaking an initial review on a number of closed complaints and misconduct files and it is anticipated that a report will be brought to the meeting of the PSCSC on 28 June 2010. Members will be updated at SOP as to the outcome of the discussion on that report.

(9.5) Measuring satisfaction

25. The IPCC expects forces to provide information to the Authority about what those who use their service say about that service, and the Authority should ensure that this takes place. The Statutory Guidance provides that the Authority should use this information to inform its understanding of the performance of the MPS regarding complaints and help the authority work proactively in identifying problems or good practice within the force.

26. Members could request a report from the MPS to SOP to ensure that this requirement is satisfied.

C. Other organisational and community implications

Equality and Diversity Impact

1. The Statutory Guidance applies fully to all 43 Home Office police forces in England and Wales. The Statutory Guidance applies to all police officers, police staff members and special constables working within those forces.

2. The Statutory Guidance requires police forces and authorities to ensure that they proactively promote the complaints system to all groups within the community. The Statutory Guidance states that the complaints system serves to increase public confidence and improve the service the police provide and that the key is to ensure a diversity of approach and communication. Forces and Police Authorities must ensure that all reasonable steps are taken to remove barriers that might prevent any part of the communities they serve from engaging with the complaints system.

3. The Statutory Guidance provides that Forces and Police Authorities should consider explicitly recognising the role and feedback received through the complaints system within their diversity strategy and should use their diversity strategy to complement and support measures put in place to ensure broad access to the complaints system.

4. Annex B of the Statutory Guidance contains detailed guidelines for the police service and police authorities on investigating complaints or allegations of discriminatory behaviour under the Police Reform Act 2002.

Financial Implications

5. Members will be advised at a later date of the financial implications and how these will be financed.

Legal Implications

6. The Independent Police Complaints Commission issues the Statutory Guidance pursuant to section 22 of The Police Reform Act 2002.

Environmental Implications

7. There are no environmental implications arising from this report.

G. Background papers

• IPCC Statutory Guidance to the police service and police authorities on the handling of complaints.
  Available at: http://statguidance.ipcc.gov.uk/
• Report number 9 to SOP 1 April 2010

H. Contact details

Report author: Helen Sargeant, Solicitor

For information contact:

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

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