Update on the status of Stop and Account within the MPS

Report: 9
Date: 13 January 2011
By: Assistant Commissioner Territorial Operations on behalf of the Commissioner

Summary

This report provides members with a status update on the use of stop and search and stop and account within the MPS. It explains that the MPS will retain stop and account until June 2011 pending additional consultation.

The report also provides details on the previous engagement and consultation process and details on the performance framework to scrutinise and assess stop search data.

A. Recommendation

That

1. The MPA note the contents of this report in relation to:
   1. An alternative and focused consultation process with affected groups (16-24 year old males) until June 2011
   2. Retaining stop & account in its current form until June 2011. Thereafter, to review the evidence from the alternative consultation to inform the decision to either retain or cease stop & account
   3. Maintaining the current recording requirements in the MPS for “Stop & Search” after January 2011
   4. To supplement existing ‘’Stop & Search’’ recording arrangements with the creation of an appropriate field within MPS National Strategy for Police Information Systems (NSPIS) custody records.

B. Supporting information

Summary / history of Stop & Account

1. The recording of stop & account arose as a result of Recommendation 61 of the Stephen Lawrence Inquiry Report in 1999.

2. Recommendation 61 placed an expectation on police forces to provide persons stopped with a credible reason and a written explanation at the time of that stop. In 2003 the MPS rolled out Recommendation 61.

3. In 2003, the MPA published its ‘Report of the MPA Scrutiny on MPS Stop and Search Practice’. It made 55 recommendations, some of which were included in Operation Pennant (stop & search performance framework).

4. In 2005, the MPS published Standard Operating Procedures for stop & account and stop & search. The SOP’s are reviewed and refreshed annually with community and MPA input.

5. Between 2003 and January 2009, the amount of data recorded for a stop & account reflected the same recorded data as for stop & search (less arrest code/outcome).

6. On 1st January 2009, in response to Recommendation 24 of Flanagan Review, police forces were only required to record Date/Time/Place/Self Defined Ethnicity/Officer details. Stakeholders were informed. No risks or issues (strategic or tactical) were highlighted or became apparent.

7. In July 2010, as part of the Crime and Security Act 2010, the Home Secretary announced changes to current practices in respect of stop & search.

8. These changes relate to:

• Reduced recording requirements for stop & search
• Technical detail relating to the recording of arrests from stop & search on custody records
• Cessation of the national requirement for recording stop & account

9. In relation to stop & account cessation, the directive permits forces to continue to collect ethnicity data where there are local concerns in certain areas or districts.

10. The Crime and Security Act was due to be in place by 1st January 2011. However, urgent clarification changes to the revised Codes of Practice (relating to Section 60 Criminal Justice and Public Order Act) have delayed enactment to (anticipated) late January 2011.

11. In relation to stop & search changes, there are no costs - or savings - to the MPS. We will remain ‘as is’.

12. In relation to proposed stop & account cessation, a time saving of approximately 4 minutes per input is associated with each stop, resulting in a non-cashable saving of approximately £1,340,000 per year based on the figures below. This saving takes no account of travel from/to a police station.

Current MPS Position

13. The MPS record and input approx 65,000 stop & accounts per month (PYTD 2010).

14. In addition, the MPS record and input approximately 49,000 stop and searches per month.

15. Therefore, the combined stop account/search recording is approximately 114,000 per month. This equates to 1,368,000 records per year.

16. The level of disproportionality in relation to stop & account is consistently lower than stop and search:

Stop & Account = 1.8:1 for Black:White 1.5:1 for Asian:White.

PACE stop & search = 4.5:1 for Black:White 1.9:1 for Asian:White
(PYTD October 2010).

17. In 2009, 1,350,000 encounters yielded 810 public complaints in relation to stop & search. There were 255 complaints relating to stop & account. Both these figures include complaints from Public Order / CO11 demonstrations. In summary, stop encounters result in a 0.07% service failure rate, or a 99.93% compliance rate.

18. Of the complaints, 30% related to breach of PACE code A (grounds / nature for stop). 30% related to rudeness, incivility and use of force.

Performance and accountability framework for stop & search

19. In 2006 Operation Pennant was introduced. Operation Pennant is a performance framework that is recognised by the Equality and Human Rights Commission (EHRC) as good practice, which examines Borough Key Performance Indicators (KPIs) and identifies those boroughs whose performance in this field requires their management to be called to account by a TP Commander.

20. The KPIs include:

Stop and search

Stop and account

Section 60 CJPOA

Section 44 Terrorism Act

Data quality

Timeliness

Arrest rates (including ethnicity)

Overall disproportionality

21. The MPA and Community Monitoring Networks (CMN) and/or Independent Advisory groups (IAG’s) are provided with full, unabridged Operation Pennant data, together with Complaints data. CMN/IAG’s hold Borough Command Units (BCUs) to account for performance on a quarterly (or monthly basis, pending local arrangements). The effectiveness of all CMN/IAG’s was reviewed in July 2010 and assessed to be strong. In September 2010, it was further agreed that TP Area Commanders would scrutinise individual and Area performance on Operation Pennant data at Key Performance Review Meetings (KPRM’s). Additionally, a recent inspection/ compliance review of the use of Section 60 CJPOA showed strong adherence to legislation.

22. On a quarterly basis, an MPS ‘Strategic Stop & Search’ meeting is held with Chairs of CMN, and representatives of the MPA, GLA, Territorial Policing Association of Chief Police Officers, MPS business groups, the Independent Police Complaints Commission and the National Police Improvement Agency. Strategic and community issues are reviewed, and overall performance (including disproportionality) is scrutinised and examined to identify good or improved practice.

23. To enhance the quality of the encounter, the MPS has made significant effort to provide training and ongoing guidance for officers. Stop and search is an important feature of initial training and is a mandatory element of the “coached patrol” phase of recruit training. Metropolitan Special Constabulary (MSC) officers must have good levels of stop and search street craft to Independent Patrol Status.

24. The MPS completes a corporate Equality Impact Assessment (EIA) for stop and search. Additionally, every BOCU is required to complete an EIA for stop and search on their borough. EIA’s are reviewed every 12 months and fully re-assessed every 3 years; all BCU’s are currently in the process of re-assessing their local EIA’s.

25. Additionally, MPS has established effective organisational learning by means of a ‘Complaints Intervention Scheme’. This identifies officers involved in 3 or more complaints/conduct investigations within a 12 month period.

26. A recommendation from the MPA scrutiny on stop and search was for the Directorate of Professional Standards to develop a Single Point of Contact on Boroughs for making and registering a complaint, not necessarily around stop and search. This has now been completed and every Borough has a single point of contact (SPOC) for complaints.

27. In addition to Operation Pennant, Community volunteers’ are also invited to monitor stop and search operations.

28. In October 2010, the IPCC began work with the MPS (pilot at Islington) on a community engagement programme relating to stop and search (Civil rights/methods for complaining for 16-24yr olds). The benefits and results of this programme are being assessed at the Strategic Stop & Search quarterly meeting.

Reasons for retaining stop and account until June 2011

29. Consultation analysis to date has proved inconclusive due to the low response rate. The MPS therefore feel that further analysis (targeted on key groups) is required to ensure a comprehensive assessment of the effectiveness of the stop and account process to inform decisions on its future use.

30. It has therefore been decided to retain stop and account in its current form until June 2011 whilst this additional consultation takes place.

Consultation process

31. The MPS and MPA define 'Consultation' as "providing effective ways for citizens, service users and stakeholders to understand and influence decisions and policies that affect them".

32. The consultation process reflected and recognised due process - however the response rate was disappointingly low for a matter of high importance to the MPS / MPA.

Detail of consultation process to date

33. Draft legislation was made available to the police service on 27th July 2010.

34. On 29th July, a detailed briefing note, seeking views and comments from officers, members and stakeholders was provided to the MPA for circulation. A copy of this note was forwarded (by the MPA); seeking feedback and views to Chairs of Monitoring Networks / local IAG’s on 31st July.

35. A number of group and individual briefings / consultations on the Act have taken place. MPS Strategic Stop & Search meetings in September & October have discussed and reviewed the legislation; the MPA Lead officer has been proactive in seeking consultation from members and officers, as well as opinion formers and stakeholders. As detailed above, only 4 out of 32 borough Community Monitoring Groups / IAG responded to the request for feedback.

36. Details of the Crime & Security Act were included in the submission of documents ahead of MPA CECF meeting on 4th Oct 2010. A number of MPS corporate IAG members / opinion formers have also been consulted.

37. Consultation has taken place with the IPCC.

38. A number of BCU’s, including Lewisham (Next Steps pilot) have consulted with Youth IAG’s, Young Community Groups.

39. Within the MPS, all ACPO Business Group leads have been consulted. As a consequence, detailed and bespoke briefings have been provided for use with the Op Trident IAG.

40. SAMURAI and staff associations have been engaged and consulted. Personal briefings were given to lead staff representatives in Oct 2010.

41. All 32 BCU leads at SMT level have been personally briefed on the Act, its possible implications and how these should be managed at a local level. Key messages and corporate communication tools have been provided but not yet invoked.

42. A detailed Equalities Impact Assessment continues to be developed and has been jointly compiled by TP and DCFD. The EIA records and audits the wider consultation process in detail, but recognises the low response rate. In summary, the EIA states that should stop and account cease, a detailed and comprehensive communication process should be put in place to mitigate potential issues. (The detailed Implementation Plan details the agreed communication routes).

Proposed consultation process

43. Only 4 out of the 32 Community Monitoring Groups submitted written responses. Response from IAGs / Opinion formers was remained sparse. As a consequence, the EIA does not have deep or broad levels of evidence to direct or inform any mitigation. We will therefore:

• Re-consult with those CMGs/local IAGs that did not respond.

44. As a consequence of the continued poor response rate re stop & account views, a creative and alternative consultation process needs to be designed, focused on the most affected groups (16-24yr old men). Therefore TP, together DCFD and external partners, will;

• Jointly hold a series of debates with partners, Youth Councils and the UK Youth Parliament (to capture the views of those people currently engaged with statutory authorities), including Race Equality Councils.
• Hold similar meetings and debates with youth groups, social clubs, football and sports teams, and schools/colleges councils.
• Utilise the electronic PPV Vote system to record views and provide evidence to Management Board (equipment owned by MPS).
• Place media articles, seeking feedback and views, in specialist press (youth/ minority).
• Consult with the general public via the section of the MPS website where we publish or stop and search data to the general public.
• Consult with a series of other groups yet to be defined.

Other engagement activity

45. The Strategic Research and Analysis Unit (SRAU) is developing a measure to assess the impact that stop and search interactions (including stop and account) has on community confidence.

46. The MPS has commissioned a Stop and Search NCALT (National Centre for Applied Learning Technologies) package that will be adopted nationally.

47. Other engagement activity includes:

• Stop & search module in 1) BPA VOYAGE Programme (Voice of Youth and Genuine Empowerment) and 2) Young Leaders for Safer Cities BTEC Course.
• The Territorial Support Group (TSG) working with Second Wave Youth Arts regarding stop and search experience.
• A stop and search DVD (jointly developed by the MPA/MPS) aimed at young people.
• Brent BCU engagement with pupil referral units to produce a stop and search DVD to enhance understanding of police officers and young people of the issues surrounding the ‘encounter’. Rolled out to 32 BCU’s and shared nationally via ACPO Business Area.

C. Other organisational and community implications

Equality and Diversity Impact

1. A full EIA is in development and will continue to be completed as our consultation activities take place. The impact of the low response rate is reflected in the EIA. Equality and Diversity issues are covered within the body of this report. Through the EIA process and the additional consultation the MPS will be able to give full consideration to the views of London’s communities on the proposals and ensure that any changes to stop and account maintain community confidence in the police.

Consideration of Met Forward

2. This report is written in support of the Met Streets and Met Connect strands of Met Forward.

Financial Implications

3. It is not anticipated that there will be any additional financial implications arising from this report. However paragraph 12 highlights the potential savings from the cessation of stop and account. Consultation with affected groups is already taking place and it is expected that any resource implications arising from the revised process will be covered from the existing consultation budget.

Legal Implications

4. In relation to paragraphs 7 and 8 of this report it should be noted that:

1. Section 1 of the Crime and Security Act 2010 (“CSA 2010”) amends the Section 3 of the Police and Criminal Evidence Act 1984 so as to reduce the recording requirements for stop and search. The requirement as amended is to record date, time, place, ethnicity, object of search, grounds of search and identity of the officer carrying out the stop and search. The requirement to record a persons name (or a note otherwise recording their description) and a description of any vehicle searched is repealed as is the requirement to record whether anything was found and whether any injury or damage was caused;
2. In cases where the search results in a person being arrested and taken to a police station, the record (of the initial search) will be required to be made as part of the persons’ custody record rather than on a separate form;
3. The CSA 2010 also abolishes the national requirement for the recording of stop and account. However, forces are permitted to continue to collect ethnicity data where there are local concerns in this regard.

5. Paragraph 20 of this report refers to the PACE Code of Practice and Section 60 of the Criminal Justice and Public Order Act 1994 (“CJPOA”) which confers on a police officers of the rank of Inspector or above the power to issue written authorisation for additional search powers on the basis of a reasonable belief that incidents involving serious violence may take place or that people are carrying dangerous instruments or offensive weapons in the area without good reason. The report notes that a recent inspection/compliance review showed strong compliance with the statutory power.

6. Paragraphs 32 to 41 of this report set out the consultation process in relation to the issues arising from the CSA 2010. Consultation is not a requirement under the CSA 2010 but is conducted because of the sensitivity of the issues involved, as is the further engagement activity recommended by this report (paragraphs 42 and 43).

7. This report is submitted as part of the governance process and no further legal implications arise.

Environmental Implications

8. There are no recognised environmental implications arising from this report.

Risk Implications

9. The purpose of the additional consultation is to mitigate against the risk of failing to engage with those parts of the community identified as being most likely to be affected by the use of stop and account.

D. Background papers

None

D. Contact details

Report author: Antony Eastaugh, Commander, MPS

For information contact:

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

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