Professional Standards Performance Indicators 2010/2011

Report: 12
Date: 17 March 2011
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 current performance from the Professional Standards Performance Indicators, including information on trends for complaints and resolutions.
• Identification of and, explanation for, recurrent topics of complaints; officers attracting a high number of complaints, trends, patterns of behaviour, together with details of steps taken to redress any emerging issues.
• Details of any data available on how satisfied complainants are with the complaint process and resolution.

A. Recommendation

That

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

B. Supporting information

Appendix 1 - contains Professional Standards Performance Indicators for period to December 2010.

Appendix 2 - contains definitions for categories and terminology used in the performance indicators and a diagram illustrating the difference between cases and allegations.

Appendix 3 - B/OCU Monthly Performance for January 2011: All Complaints

Appendix 4 - Diagram Explaining the Difference between Cases and Allegations

1. Performance information from Professional Standards Indicators

1.1 The Directorate of Professional Standards (DPS) report quarterly on public complaints and conduct matters within the Metropolitan Police Service. A copy of the report for the period to 31st December 2010 is contained at Appendix 1. The following points relate to areas of risk, good practice and potential issues requiring further investigation.

2. Public complaints 2010/2011: Three quarterly report (Appendix 1 - table 1)

2.1 The total number of public cases recorded in the first three quarters of 2010/11 (6093 cases) have increased by 227 cases or 3.8% when compared with the same period in 2009/10 (5866 cases). The student protests accounted for 44% of the 227 increase, with a total of 100 student demonstration cases recorded. A further 30 recorded cases are G20 related. It should be noted that although there has been a slight increase in recorded cases year on year from 2008/09 to 2010/11, the current trend over this financial year shows a reduction when comparing the 1st quarter (2147 cases) to the 3rd quarter (1883 cases), a trend not reflected in previous years.

2.2 Since the Independent Police Complaints Commission (IPCC) was established in 2004, the drivers for the general increase in public complaints includes: a widening of the definition of who can complain beyond those directly affected by an incident; a rise in the number of people employed by MPS increasing those subject to complaint; and an increase in reporting portals, such as third-party reporting sites and DPS Customer Service Team on-line reporting.

2.3 The three main categories for public complaints, remain as failure in duty, oppressive behaviour and incivility. These three categories account for over 80% of all allegations. The breakdown of allegations and proportion of change are shown as follows:

• Failure in duty: This accounts for 4853 allegations (or 43.8% of total allegations) in the first three quarters of the 10/11 recording period. This category has increased, both in terms of the number of allegations and as a proportion of total allegations year on year since 2006/07. Of note is the fact that, throughout the 2010/11 period, the volume of complaints in this category has fallen each quarter, from a high of 1762 to 1435 at the end of December 2010, a trend not reflected in previous years. (see Appendix 1). The fall in number of this type of complaint may be linked to the recent work carried out in this area.
• Oppressive behaviour: This accounts for 2605 allegations (or 23.5%) of total allegations) in the first three quarters on this financial year. By using the mean average to predict end of year totals, this would result in a total of 3473 complaints, very similar to the 3470 recorded in 2009/10. Of note is the fact that there were 93 allegations of oppressive behaviour stemming from the recent student protests. The numbers of allegations for this category has increased over each of the last two financial years (as detailed in Appendix 1) but as can be seen, is predicted to remain at a stable level during 2010/11. During the last three quarters, the number of complaints has fallen from 924 in quarter one to 845 in quarter three. Oppressive behaviour, as a percentage of total allegations, has remained relatively stable over the past two financial years, which is also reflected in the quarterly figures for 2010/11.
• Incivility: This accounts for 1710 allegations (or 15.4% of total allegations) in the first three quarters of this financial year. By using the mean average to predict end of year totals, this would result in a total of 2280, a figure very similar to that of 2253 recorded in 2009/10. This would represent a small increase of 1%, compared to a 4% decrease in 2009/10. When reviewing the quarterly figures for 2010/11, the total number of incivility complaints has significantly reduced from 608 in quarter one to 522 in the third quarter, although the percentage as a total has remained. This decrease in 2009/10 and the projected stabilisation this year reflect the work carried out by the DPS Prevention and Reduction Team in tackling this issue. This is outlined under the paragraph 4.4.

2.4 In the first three quarters of this financial year, there has been a reduction in the percentage of allegations being locally resolved and a corresponding increase in the percentage of allegations investigated. In 2008/09 local resolutions accounted for 33% of allegations finalised, in 2009/10 this figure had dropped to 24%. The running total for the first three quarters of the 2010/11 period shows another decrease to 19.1%. This continuous fall, since the implementation of the Taylor Reforms, may be related to the fact that Borough’s are now given the freedom to decide whether to resolve complaints through local resolution or proportionate investigation. This belief is further supported by a recent DPS review that identified a lack of knowledge and understanding of the local resolution process, by 1st and 2nd line managers, which could mean that Boroughs are deciding to carry out investigations as they see this as the easier option. A recommendation from the review is the development of awareness packages to enhance the level of understanding in this and other areas.

2.5 The proportion of local resolutions being dealt with on B/OCUs’ in comparison to BSU’s exceeds the targets set by the IPCC. Since the 2009/10 period, there has been an increase in the proportion of local resolutions dealt with by B/OCUs (76% for the first three quarters of 2010) and a corresponding decrease in the proportion of those dealt with by DPS (24%).

2.6 The time taken to locally resolve an allegation on B/OCU is an average of 42 days, for the first three quarters of 2010/11, which is only one day within the 43 day target. Despite the current average being the same as the figures for 2009/10, there has been a steady increase in the time taken to resolve local resolutions over the previous years. A possible cause is that B/OCUs are, post-Taylor, now investigating local complaints in addition to undertaking local resolutions. For the financial year 20010/11 (fytd), B/OCUs have dealt with 53.8% of public complaint cases (3447 cases) compared to only 45% (2419 cases) in 2009/10. Whilst B/OCUs have invested in Professional Standards Champions (PSC), to offer a timely and professional response, this significant addition to workloads and a lack of identified common process, has increased the time taken to locally resolve complaints. To support B/OCUs, DPS Borough Support Units (BSU) have implemented a single point of contact (SPOC) for each B/OCU. The SPOC role is currently being re-defined, with clear terms of reference being set out in regards to the B/OCU’s expectations. The SPOC supports PSC and individual supervisors in dealing with complaints, along with the coordination of local complaints surgeries, aimed at providing guidance in the management of complaints.

2.7 There has been a reduction in the time taken to complete all cases from 54 days to 52 days when comparing the first three quarters of 2010 to the 2009/10 period. This figure has remained relatively stable over the previous four years and meets the performance target of 64 days, as set by the MPA.

2.8 The total number of appeals that have been upheld by the IPCC has decreased from 21.8% in 2009/10 to 20.8% in the first three quarters of 2010/11. There has been a significant drop in the number of appeals upheld in relation to the non-recording of complaints (from 51% to 29.9%) and local resolutions (45.5% to 41.7%, but an increase in the number of outcome appeals being upheld (from 15.4% to 19%). This may be linked to the increase in proportionate investigations being completed on B/OCU’s, and exacerbated by the fact that there is a lack of knowledge and understanding in the completion of ‘outcome of investigation’ letters. This issue is currently being addressed by DPS BSUs, through local surgeries and through a DPS training strategy, which is currently under development.

3. Conduct Matters 2010/2011: Three quarterly report (Appendix 1 - table 2)

3.1 Completion of conduct matter cases has exceeded the 64 day target, with the average standing at 87 days for the period to December 2010, compared with 59 days in 2009/10. There has been a steady rise in the average number of days over the past three quarters, with an average of 67 days in quarter one to 87 days in quarter three. It is worth noting that these results have been skewed by an IPCC investigation running for 414 days and an anti-corruption command investigation running for 442 days. However, when considering this rise, consideration must also be given to the fact that based on extrapolation from the mean average, the number of conduct matters is projected to rise to a total of 1537, from 1385 in 2009/10. This 18 day increase may therefore be attributable to an increase in conduct matters, combined with the fact that, under Taylor, additional responsibility has been placed on B/OCUs to manage low level misconduct enquiries, so increasing the volume of work that they manage without the assistance of additional resources. The majority of this work would have been previously undertaken by DPS.

3.2 The highest volume of conduct matter allegations are ‘failures in duty’ (40.7% of the total) and ‘oppressive behaviour’ (18.7% of the total). Details of the strategy set out to address the conduct matters and complaints relating to failures in duty are set out in the following section.

4. Recurrent topics of complaints; officers attracting a high number of complaints, trends and patterns of behaviour

4.1 Recurrent topics of complaints, trends and patterns of behaviour are reported in the DPS Strategic Intelligence Assessment, which is informed by public complaint data, organisational learning data and intelligence analysis. There are five Control Strategy priority areas highlighted by this strategic analysis: failure in duty; incivility; information misuse; integrity assurance; and corrupt officers or those that would seek to corrupt. Each of these Control Strategy strands has an ACPO lead responsible for ensuring MPS Intelligence, Prevention and Enforcement measures are in place to address the issues arising. Strategic oversight of this work is provided by Professional Standards Strategic Committee (PSSC) chaired by the Deputy Commissioner.

4.2 Of particular relevance to public complaints are the Control Strategy areas failures in duty and incivility. Failures in duty account for 43.8% of all allegations recorded in the period 1st April to 31st December 2010. There has been a steady rise of approximately 3% per annum from 2008/09 to present, although of note is the fact that the number of complaints received in this area have fallen quarter on quarter during the 2010/11 financial period. To address this year on year increase Commander Zinzan has taken the lead for this strand of the control strategy and a significant volume of work has already been completed. As part of his strategy, he has identified the ten boroughs contributing to the highest numbers of failure in duty complaints and brought them together as a focus group, to identify and share good practice in reducing failure in duty allegations. Their contributions have been collated into a themed tactical menu of options, supporting overarching themes aimed at raising professional standards and improving customer service and satisfaction. Following the implementation of the tactical menu of options, the ten boroughs demonstrated individual improvements, and collectively have shown improved performance when compared against the remainder of TP; on average a reduction of 0.6% in the second half of 2010 compared with an 8.4% increase for the remainder of TP. This work is now being replicated across Territorial Policing boroughs, with a view to improving professional standards and reducing failure in duty complaints across the MPS.

4.3 Incivility accounts for 15.4% of allegations recorded in the first three quarters of the financial period 2010/11, again with reductions in the number of allegations being reduced quarter on quarter. There is a trend towards a reduction in this area, with the percentages in 2008/09 and 2009/10 being 19.2% and 16.8% respectively. In addressing incivility, DPS Prevention and Reduction Team (PaRT) have supported B/OCU management teams in reducing incivility through delivering Professional Standards Support Programme (PSSP) presentations to in excess of 11,173 officers on 464 occasions. This Support Programme continues to roll out across the MPS.

4.4 The recurrent theme of ‘proactive supervision’ is relevant to all public complaints, including failures in duty and incivility, and is being specifically addressed by DPS PaRT. Through the Professional Standards Support Program (PSSP) the team is delivering awareness-raising sessions on the importance of effective supervision, in addressing unacceptable behaviour. The training, titled ‘support for managers’ is primarily focused at Sergeants and Inspectors working at Borough Operational Command Units. These sessions give MPS supervisors the knowledge and confidence to set high standards and deal effectively with staff, who do not meet the standards expected. PSSP work has been viewed by a number of Independent Advisory Groups and has received favourable feedback.

4.5 The Complaints Intervention Scheme (CIS) has recently been redrafted to enhance it’s effectiveness. The aim of CIS is to review police officer’s behaviour, to support local intervention by line managers. The scheme is triggered by an officer having three ‘events’ in a 12 month period. An event is defined as a public complaint, conduct matter or civil action. Once 3 events have been highlighted, the officer’s behaviour is flagged by DPS to the B/OCU’s Professional Standards Champion (PSC). The behaviour will then be reviewed by the officer’s line manager and the PSC, with consideration being given to the officer being set a development plan. Any development plan is set with the emphasis being placed on learning and behavioural improvement. Development plans are carefully monitored by both the officer’s line manager and PSC champion, and can be a gateway to the commencement of Unsatisfactory Performance Procedures. In addition, local managers are now being provided with details of officers having had two ‘events’ in a 12 month period, to allow early intervention prior to CIS being triggered.

4.6 The number of officers/staff that fall under CIS has seen a 16% reduction, from 443 officers/staff (for the period January to December 2009) to 370 (for the period January to December 2010). The Territorial Support Group (TSG) has seen the largest reduction in officers meeting the CIS criteria, falling from 55 officers to 30. This is in part due to intervention work carried out by the PaRT team, who have worked closely with TSG supervisors to raise the profile of professional standards, within the command.

4.7 In addition to the areas of prevention already mentioned, one further unit, the Integrity Assurance Unit (IAU), plays a key role in minimising risk to the MPS. Officers brought to the attention of the IAU will normally fall into three categories, those having received an ‘adverse judicial finding’ (i.e. a finding by a court, expressly or by inevitable inference, that a police witness has knowingly, whether on oath or otherwise, misled the court), those having being ‘tainted’ (i.e. through a criminal conviction or a finding at a misconduct hearing) and those with ‘adverse information’ (i.e. where there is high grade and verifiable information/intelligence to suggest that the MPS cannot, with confidence, put forward an individual to undertake a particular role, or serve in a particular capacity). The IAU evaluates each individual circumstance, giving consideration to the risk involved and implementing necessary control measures.

4.8 There are currently 296 officers in the Metropolitan Police who are required to submit an MG6B 'Disclosure of Disciplinary record' each time they are required for court. This number includes officers that are designated as tainted and those who have been subject to adverse information.

5. Enhancing DPS Support to B/OCU’s

5.1 An overarching theme when considering the fluctuation in the performance indicators, as outlined above, is of the need for the DPS to provide a higher level of support to B/OCU’s, thereby raising their knowledge and understanding in the management of complaints and conduct matters. This issue has recently been highlighted in a report titled “Enhancing the Support in Borough Support”. This document makes a number of recommendations over and above those support measures currently in place. Recommendations include improving the consistency of support offered to B/OCU’s across the four BSU areas, improving knowledge and understanding in the management of complaints/misconduct through the development of a DPS training strategy and through the implementation of fortnightly local surgeries to be run by DPS on every B/OCU. Through the implementation of these recommendations, B/OCU’s should receive a more consistent level of support from DPS Borough Support Units, enabling them to maximize efficiency and improve performance in all areas.

6. Satisfaction of complainants within the complaint process and resolution

6.1 Having previously identified that the levels of customer satisfaction could not be readily measured within the complaints system; a new Customer Service Strategy has recently been approved and will be implemented in April 2011. The strategy identifies the need to obtain meaningful feedback from customers, through a process of quality call back, in order to establish a quantifiable baseline of customer satisfaction. The information gathered through this process will enable the DPS to identify both positive and negative working practices, ultimately allowing the DPS to improve the level of service provided to the public. Results from the quality call back process, will be provided in subsequent MPA Performance Indicators reports.

7. IPCC Performance Framework

7.1 The DPS have recently received the inaugural copy of the IPCC’s Police Complaints Information Bulletin, which reports on the performance of the DPS from April to September 2010 and is based on IPCC figures. Of note, is that of the nine key indicators, the Metropolitan Police are performing equal to or better than the ‘Most Similar Forces’ in five of the areas and better than the ‘national force’ average in seven of the areas. Of particular note is the fact that the MPS are investigating locally managed complaints 50% faster than the ‘Most Similar Force’.

C. Other organisational and community implications

Equality and Diversity Impact

1. Having reviewed the diversity information collated regarding complainants, it is noted that the proportions of complainants by ethnicity has remained stable for the last three years, with figures for 1st January 2010 to 31st December showing that 30% of complainants were white, 15% were black, 7% Asian and 1% other. A further 47% were recorded as unknown. This has been compared with the census data and, whilst this does not show any impact on race and diversity in the current Professional Standards Performance Indicators they will be subject to continuous analysis, monitoring and review. This review process will include the indicators relating to management of conduct cases and public complaints that are consistently reviewed by Diversity and Citizen Focus Directorate. This is to ensure that there is no adverse impact on equality target groups and that any potential for adverse impact can be acted upon in a timely manner.

Consideration of Met Forward

2. The key purpose of Met Forward is to provide clear direction and support to the Met as it works to make London a safer city. Increasing the public’s confidence in policing is a key priority for Met Forward, working to ensure Londoners feel confident and safe in their neighbourhoods and shared public spaces. The complaints process is intrinsically linked to public confidence. The way in which the Metropolitan Police, in conjunction with the IPCC, manage complaints will be key in progressing public satisfaction in the police.

Financial Implications

3. All costs relating to the above activities are covered from within existing MPS budgets. Complaints made by members of the public may also result in financial claims against the MPS. The costs associated with these claims are covered by existing budgets as well as the third party provision. It is, therefore, vital that ongoing action is taken to reduce the level of complaints made thus reducing the potential financial impact on the organisation.

4. The time taken by officers and managers in resolving these complaints reduces their availability to undertake other tasks and so work undertaken to reduce these complaints will result in opportunity savings releasing the officers to undertake other duties. In regard to legal claims, it is difficult to predict what savings may be achieved (if any) because of the difficulty in forecasting the type and seriousness of claims. However, if there is a reduction in legal claims, this may enable DLS to deal with a greater proportion of claims in-house and, thus, reducing external legal costs.

Legal Implications

5. This report provides information as part of the Governance process and no legal implications arise.

Environmental Implications

6. There are no identified environmental issues identified in this report

Risk (including Health and Safety) Implications

7. There are no risk issues identified in this report.

D. Background papers

None

D. Contact details

Report author: Glenn Tunstall, Chief Inspector, Directorate of Professional Standards, MPS

For information contact:

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

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