Minutes - draft

These minutes are draft and are to be agreed.

Minutes of the Strategic and Operational Policing Committee of the Metropolitan Police Authority held on 8 September 2011

Present

Members

• Toby Harris (as Chairman)
• Tony Arbour
• Chris Boothman
• Jennette Arnold
• Jenny Jones
• Joanne McCartney
• Caroline Pidgeon

MPA officers

• Catherine Crawford (Chief Executive)
• Jane Harwood (Deputy Chief Executive)
• Annabel Adams (Deputy Treasurer)
• Siobhan Coldwell (Head of Policing Policy Scrutiny and Oversight)

MPS officers

• Stephen Kavanagh (DAC, Territorial Policing)
• Mark Simmons (DAC, Leadership Development)
• Nick Rogers (Director of Finance Services)
• Phil Woolf (Director of Business Performance)
• Edward Solomons (Director of Legal Services)
• Franca Oliffe (Assistant Director of Legal Services)
• Richard Walton (Commander, SO15)
• Mark Streater (Commander, Intelligence and Covert Policing)
• Mike Askew (Superintendent, MIB)
• Dave Chinchen (Silver Commander, Operation Target)
• Peter Spindler (Director of Professional Standards)
• Adrian Baxter (Directorate of Professional Standards)
• Dave Way (Head of OCU, Criminal Justice)
• Glenn Tunstall (Acting Superintendent, Directorate of Professional Standards)

17. Apologies for absence

(Agenda item 1)

17.1 Apologies were received from Reshard Auladin and Cindy Butts.

18. Declarations of interests

(Agenda item 2)

18.1 No declarations were received.

19. Minutes of the Strategic and Operational Policing Committee 14 July 2011

(Agenda item 3)

19.1 Members agreed the minutes for the above meeting subject to noting that Graham Speed was present during part one of the meeting.

Resolved - That the minutes of the Strategic and Operational Policing Committee held on 14 July 2011 were agreed and signed as a correct record.

20. Urgent actions and operational issues

(Agenda item 4)

20.1 The Chair agreed to table this report as ‘urgent’ for the purposes of the Local Government Act 1972, paragraph 100B(4b). He cited the following reason for urgency: that a robust process of claim-handling must be agreed upon prior to the deadline for applications for compensation under the RDA being reached, in order to enable claims to be determined in a consistent, proportionate and timely fashion.

20.2 The MPS introduced the report, noting that they were seeking, at this time, to agree upon a process for considering claims for compensation. They outlined that the Riot (Damages) Act 1886 amounts to what is in effect an unlimited statutory strict-liability compensation scheme. It provides that individuals and insurers may reclaim costs from police authorities in relation to damages caused during a riot. The Secretary of State has made a number of Regulations within the year, the first of which extended the time-limit for making claims to 42 days and the second revoked provisions requiring the use of a statutory claim form.

20.3 Members were informed that as of Tuesday 8 September the MPA had received more than 515 claims, at an estimated total value of £150.2m, the majority of which had been received from insurers seeking to reclaim costs. The MPS cautioned that this figure is set to rise significantly, and noted that seven and a half inches of new claims had been received that day.

20.4 The MPS outlined the requirement to put in place a robust system to ensure the compassionate, rapid, fair and proportionate handling of these various claims. Whilst a process has been established for the Home Office to reimburse police authorities for payments made to uninsured persons affected, there is no agreement in place in relation to insured claimants. This creates its own challenges as in many instances there is some cross-over – where insured persons are required to pay the excess defined by their policy.

20.5 The DLS suggested that a possible approach would be for the MPA to agree, through the committee structure, whether a riot had taken place (including location and time), and for the DLS to assess the value of the claim. The proposal for the MPA to consider the value of claims over half a million pounds is consistent with claims related to road traffic accidents and employers liability. It was also suggested that the DLS be afforded powers to reject claims that do not fall within the terms of the RDA 1886 – e.g. personal robbery. The DLS proposed that these recommendations would entail that claims are handled in a consistent and proportionate way.

20.6 A Member recalled that Kit Malthouse, Chair of the MPA, had previously stated that the Home Office would reimburse the costs of all of the claims. She asked why this position had seemingly changed.

20.7 Annabel Adams, Deputy Treasurer of the MPA, responded that the organisation had previously sought costs to be covered via the special grant process, but that the Home Office had been unable to commit. She noted that fresh proposals would be submitted to Ministers later in the week. Catherine Crawford, Chief Executive of the MPA, stated that it was her belief that Kit Malthouse had said we can’t assume 100 percent recovery and noted that a transcript of the meeting where that statement was made would be available shortly.

20.8 A Member noted that a number of trade associations from affected areas of London had voiced concerns that their membership did not understand what assistance was available to them due to language barriers. She asked whether multi-lingual assistance was available.

20.9 The MPS responded that they would take this up with the Riots Claims Bureau and noted that loss adjusters had been proactive in canvassing affected areas for potential claims.

20.10 Finally, it was confirmed to Members that all material damages (including contents) would be covered by the RDA 1886.

20.11 The Chair moved that the Committee consider outstanding issues relating to this report in exempt session because this discussion would likely disclose exempt information for the purposes of Schedule 12(a) of the Local Government Act 1972, paragraph 3.

Resolved - that consideration of the recommendations put be deferred for decision pending further discussion during the exempt session of this meeting.

21. Headline performance report

(Agenda item 5)

21.1 The MPS introduced this report, noting that figures within it relate to the four months to July but that some narrative around the disruption in August had been included.

21.2 Members were informed that MPS performance against three KPIs was on or above target – across the violence portfolio, numbers of killed or seriously injured in road traffic collisions, and confidence (measured as those ‘who think police in their area are doing a good job’). Preparations for the Olympics were slightly off-target but had improved from the same period last year. Rape sanction-detection rates and user (victim) satisfaction were below target and worse than the same period last year.

21.3 The MPS went on to explain that the reduction in rape sanction-detection had been a recent focus of MPS Performance Board. They reminded Members that the decision to charge is one that is made jointly by the MPS and the CPS, and noted that arrests for rape had in fact increased.

21.4 They also stated that over three and a half thousand offences were recorded to have taken place during the widespread disturbances in August, and that the cost of the impact upon communities was immeasurable.

21.5 Members were asked to consider amending the MPS satisfaction target to reflect modified Home Office methodology.

21.6 A Member asked at which stage of the criminal justice system rape cases were dropping out and whether the MPS had modified their investigation and evidence-gathering processes in light of below expected performance. A number of Members expressed disappointment that so much resource and so many hopes had been used up in developing the MPS capacity in relation to sexual offending to seemingly little avail.

21.7 The MPS responded that SCD2 would suggest that an emphasis on sanction-detection rates was unhelpful – as this may lead to excessive pressure being put upon victims to appear in court. They noted that a more useful measure of success in this area would be victim satisfaction.

21.8 Members indicated that a report from SCD2 to further explain these issues would be useful, stating that they must be assured not only of increased victim satisfaction but that vulnerable people are being taken out of danger. A Member stated that she had received evidence that forms for assessing victim satisfaction were not being received by victims due to delivery being triggered during a later stage of the criminal justice process than many cases progress to. Members also suggested that this report should address whether victims were dropping cases due to the time taken to arrive at a decision to charge being taken.

21.9 A Member noted that the MPS target of issuing 100,000 Notices of Intended Prosecution (in relation to road traffic offences) with a positive outturn of 65% would amount to little more than 13% of all such offences that take place annually within London (premised upon figures which had been provided to the Member in question). The MPS responded that whilst they could not confirm the validity of the statistics presented they were able to reiterate their determination to ensure the rigorous enforcement of traffic offences.
21.10 The Chair sought agreement to the recommendation that ‘Members agree to amend the target for user satisfaction with the overall service from 79.6% to 78% to reflect the fact that victims of road traffic collisions are no longer included in the calculation’.

21.11 A Member dissented, suggesting that it is important to meet the requirements of victims of road traffic accidents. The MPS reassured Members that they would continue to collect this information and report on it to the MPA. The Chair agreed that he should write to the Home Office in order to clarify why the decision had been taken to exclude these figures from the overall rating of user satisfaction.

21.12 Subject to the abovementioned discussion and actions being pursued, Members agreed to the recommendation.

Resolved – That

1. the report be noted.
2. the target for user satisfaction with the overall service be amended from 79.6% to 78%, to reflect the fact that victims of road traffic collisions are no longer included in the calculation.

1. CHAIR TO WRITE TO THE HOME OFFICE IN ORDER TO CLARIFY WHY THE SATISFACTION OF ROAD TRAFFIC VICTIMS WOULD NOW BE EXCLUDED FROM THE OVERALL RATING OF USER SATISFACTION
MPA

22. Thematic performance report

(Agenda item 6)

22.1 The MPS introduced this report, noting that revisions to the PREVENT strand and CONTEST strategy more broadly have informed recent MPS activity. The PREVENT review has resulted in a broadening of focus away from the integration of potentially violent extremists to challenging extremist ideologies.

22.2 In order to deliver the PREVENT programme, the MPS deploys a total of 44 dedicated officers, maintaining a footprint within each London borough, including three within each Olympic borough. Deployment of these officers is weighted to demand. In addition, there are six Local Authority coordinators.

22.3 Members were told that Counter Terrorism Extremism Local Profiles (CTELPs) were completed in every London borough and continue to direct activity. The Channel project has been implemented across the Capital to provide multi-agency handling of vulnerable persons at risk of radicalisation.

22.4 A Member asked whether the change of emphasis away from cohesion may have a detrimental impact upon the level of funding received by some boroughs. The MPS replied that all of the resource is provided via the CT grant and not through a number of funding streams.

Resolved – that the report be noted.

23. Thematic performance report

(Agenda item 7)

23.1 The MPS introduced this report against the MPA/MPS Policing London Business Plan strategic objective to ‘convince communities we are on their sides’. They noted that the Public Attitude Survey has recorded upward trends in community confidence against the baseline year, 2008/09. The MPA/MPS Community Engagement Commitment was launched in July 2010 with an action plan which is to be reviewed annually to ensure that it is implemented and remains relevant.

23.2 The MPS have introduced a ‘problem orientated partnership’ approach to involve partners and the public in solving local issues, and the MPS Confidence and Satisfaction Board meet on a quarterly basis to review work within all business groups. Members were informed that ASB is significantly down, as are percentages of those ‘worried’ by ASB, and were told that this was a result of the tailoring of MPS action to bespoke community needs.

23.3 A Member noted that feedback from Tottenham following the disturbances in August suggested that the use of stop and search had aggravated tensions, and asked whether the MPS had yet to take a decision regarding the future of its use. The MPS responded that the MPA would be receiving a report on the subject next month but that the informed and proportionate use of stop and search was an essential tool for policing London. They noted that regional variations in its use must be monitored and understood – citing that it is tends to be used less often in Haringey than in comparable boroughs, for instance. Another Member noted that she had received a variety of responses regarding stop and search and that many parents of young black men support its use.

23.4 A Member requested to see a breakdown of all staffing in Safer Neighbourhoods Teams by rank – including any projected changes. The MPS agreed to supply this. Whilst citing their usefulness, she also noted a need to encourage a broader cross-section of people to populate ward panels.

23.5 A Member asked whether Operation Target may have exacerbated tensions in London and contributed to the disturbances in August – reducing trust between the police and challenged communities. The MPS replied that they are seeking to learn lessons regarding community engagement from the events of the last month, and noted that Operation Target may not be able to continue for the time being due to the scope of these events – which may require up to 500 officers to be involved in Operation Withern.

23.6 A Member praised the role that many CPEGs play in assuaging community anxieties, but noted that in many instances their usefulness is dependent upon the individuals most active within the groups. She asked for the MPA to confirm plans for CPEGs, noting that citizens required either an assurance that they would remain or that a well-planned transition away from their use has been developed. Jane Harwood, Deputy Chief Executive of the MPA, responded that a proposal will shortly be drafted and Members will be informed of any developments.

23.7 Members asked what was planned with regard to MPS communications with the public. The MPS responded that whilst they are seeking to optimise their use of the internet, they are mindful that the use of Twitter by Borough Commanders, for instance, can lead to the delivery of an inconsistent message. They assured Members that hard copy will remain a part of any communications strategy. The Chair agreed that the MPS should strive to move with the communication patterns of Londoners, and that email and the internet were increasing important.

23.8 Whilst congratulating the MPS on increased levels of public confidence, noting how well-received the police had been at Notting Hill Carnival, a Member asked if any progress had been made within the category of 15-25 year-olds. The MPS noted that engagement of this group remained problematic and that they needed to do more – referring Members to the failure to establish a successful Youth IAG. Members were informed that a new group was being established to encourage a more active conversation.

Resolved – that the report be noted.

2. BREAKDOWN OF STAFF IN SAFER NEIGHBOURHOODS TEAMS BY RANK – INCLUDING ANY PROJECTED CHANGES. MPS

3. PROPOSAL ON THE FUTURE OF CPEGs MPA

24. MPS implementation of the Police National Database

(Agenda item 8)

24.1 The MPS stated that the PND will replace the legacy system - which enabled officers to view where information on a crime or suspect was held, but then required the officer to contact that force directly in order to receive any further information. The PND will provide an easily accessible one-stop shop which will assist officers in developing lines of inquiry and fundamentally impact officer decision-making, in relation to cases involving children, terrorism, and serious and organised crime.

24.2 Members were informed that PND will include over 48 million person records from across 65 forces and agencies. 12000 officers will have access to PND nationally – which is low in comparison with systems such as CRIMINT, which has 30000 users within the MPS. This limited user base will contribute to the security of the system. PND is hoped to be rolled out across London by the end of October, and has been in operation elsewhere since June 2011.

24.3 A Member asked why the timeframe for delivery across the MPS had been revised. The MPS responded that they have had difficulty with suppliers in finalising arrangements for training. They noted that this was an issue of scale, and had thus only affected the MPS.

24.4 The MPS informed Members that the PND will resolve issues such as duplicate records (e.g. the discrepancy within the PNC between the 10 million records held regarding individuals and the 54 million driver records) by intelligently matching the data. It is anticipated that there will be between 10 and 15 million individuals on the system. They also noted that the lower number of officers deployed to PND has been very effective nationally and that audit has been robust – done on a daily basis.

24.5 A Member asked how auditors are trained to identify anomalies. The MPS replied that a national training model is in place, and is delivered within the MPS upon a two-day training course. Information management standards will also apply. Members were told that the PND is the strongest national police system in ensuring against data misuse and breaches of confidentiality.

24.6 In response to a Member’s question, the MPS stated that the Directorate of Information was currently reviewing the use of databases across the MPS, seeking to consolidate those servers and sites in operation and are considering the use of virtual server space - the principal barrier to its use thus far has been concerns around confidentially. They noted that a process for validating MPS systems was in place and the roll out of PND may render some local systems increasingly redundant.

24.7 The Chair requested for the Strategic and Operational Policing Committee to receive with an update on PND when it is operational.

Resolved – that the report be noted.

4. UPDATE REPORT WHEN PND OPERATIONAL MPA/MPS

25. Update on Operation Target

(Agenda item 9)

25.1 The MPS reported that Operation Target had been suspended over August – in effect becoming Operation Kirkin - and that the report referred to the period 8 June to 6 August. They informed Members that Operation Target had been designed to deliver crime reduction by focussing existing resources on defined areas and prolific offenders. The operation encompasses a number of business groups including Territorial Policing, Specialist Operations and the Specialist Crime Directorate. A formal review of the operation will commerce in September.

25.2 A Member asked whether the MPS remained satisfied that Operation Target was focussed on the right areas, in light of recent events. The MPS replied that Operation Target resources were deployed flexibly – on a daily basis - to areas including those nominally outside of its remit. They noted that the Operation Target areas were so chosen on the basis of historic low performance.

25.3 The MPS reiterated that resource had been directed from Target to Kirkin following the disturbances in August. They suggested that Target was likely to resume shortly. They outlined that at the core of Operation Target is the capacity of the MPS to deploy resources in line with organisational requirements – all tasking is evidence-based. They confirmed that the tasking model which underpins Target – of one organisation working together - is being considered for use during the Olympics.

25.4 A Member asked whether suspects identified during Target have re-emerged during Operation Withern. The MPS replied that, whilst it is too early to generalise, Target has been useful in understanding the broad picture of criminality in London and agreed that it was likely that many of those identified in Target were now being picked up in Withern. They noted that work to understand the causes of the disturbances in August remained ongoing.

Resolved – that the report be noted.

26. Directorate of Professional Standards performance report

(Agenda item 10)

26.1 The MPS introduced this report, noting that it followed a new format which was in line with IPCC performance measures and KPIs. They stated that this is useful as it enables the MPS to benchmark their performance against that of similar forces and across the nation.

26.2 A Member asked how the DPS would be involved in relation to claims emerging from public order events, to which the MPS responded that they work with Central Operations on all such investigations, including those relating to tactical containment issues, and seek to extract any organisational learning from these events.

26.3 Another Member noted that the average time taken to conclude an allegation was 215 days, and remarked that this seemed a long time. The MPS responded that local MPS investigations average at 74 days and that supervised investigations significantly impacted upon that figure.

Resolved – that the report be noted.

27. Operational policing and officer availability

(Agenda item 11)

27.1 The MPS introduced this report, which summarised the organisation’s attempts to identify the optimum balance of back-, front- and mid-office roles. They noted that the TP Development Programme has been developed to ensure that the MPS has the right people in the right places and is well-placed to deliver best value.

27.2 A Member asked the MPS to confirm that there is no de-civilianisation strategy, noting the importance of officers not being drawn into back-office roles due to a lack of PCSOs and civilian staff. She also referred to a Mayoral commitment to bring down long-term sick leave within the MPS. The MPS replied that whilst civilian posts were reducing this was due to productivity gains being achieved, and these posts were not being back-filled by officers where possible. They stated that even during a period of exceptionally high demand (in August) the organisation coped very well, and noted that having officers in some mid- and back-office roles enabled the MPS to maintain a ‘surge capacity’.

27.3 The Chair asked what system was in place to monitor the numbers of officers available to be deployed in response to emerging problems. The MPS responded that new shift patterns had ensured that the MPS can deploy officers with increasing flexibility in order to meet demand. The Chair suggested that the MPS should publish the core figures as to officer availability in order to ensure seamless deployment during periods of high demand.

27.4 A Member queried whether the MPS were properly evidencing value for money – as recommended by the GLA’s recent report on this topic. Another Member noted the reputed time-saving of 11,700 officer hours per month achieved by the partial roll-out of personal digital assistants (PDAs). He asked whether this saving had been monetised and suggested that, if these figures are verified, this roll-out should be broadened in order to achieve value for money. The MPS responded that they would seek to validate and monetise those figures and report back to the MPA.

27.5 The MPS were asked how they ensure that officers receive sufficient care and rest whilst working during periods of high demand. They replied that the August disturbances had seen the MPS as stretched as it ever had been in recent history. In order to ensure that officers were not deployed gratuitously, levels of risk and resource required were identified in a rigorous manner. Officers were given ‘green days’ (rest days) where possible, including increased numbers following the disorder. Mutual aid officers were used to mitigate officer fatigue, and the METFed fully engaged to ensure that welfare needs were met. The MPS noted that best practice will be extracted from the disturbances in order to inform planning for the Olympics.

Resolved – that the report be noted.

5. DISTRIBUTE VALIDATED AND MONETISED FIGURES ON SAVINGS ACHIEVED VIA USE OF PDA MPS

28. Custody Suites

(Agenda item 12)

28.1 The MPS informed Members that the report would be taken as read, and invited questions.

28.2 A Member asked if the MPS were satisfied with changed arrangements for the delivery of medical care within custody suites – the use of custody nurses (with forensic medical examiners on stand-by). The MPS replied that the roll out will be completed by March 2012 but that emerging feedback had been very positive. They assured Members that nurse retention rates were improved – initial problems being attributed to challenging shift patterns - and that there is an escalation procedure in place for when a nurse and forensic medical examiner disagree over a diagnosis.

Resolved – that the report be noted.

29. Update on the Police Reform and Social Responsibility Bill (oral report)

(Agenda item 13)

29.1 Jane Harwood informed Members that a number of key amendments had been made to the Bill, which would now be considered by the House of Commons – these included: to reinstate Police and Crime Commissioners (reversing an amended made by the House of Lords); and for the inaugural elections of PCCs outside of London to be postponed until November 2012.

29.2 The Chair stated that Royal Assent by Wednesday 14 September was a feasible target, but noted that a lot of further work on producing the necessary commencement orders and regulations would be required prior to implementation of the Bill.

Resolved – that the report be noted.

30. Exclusion of press and public

(Agenda item 14)

30.1 A resolution was put to exclude the press and public from the meeting during remaining items on the agenda as they were likely to disclose exempt information as described in Schedule 12(a) of the Local Government Act 1972, paragraph 3.

Resolved – That the press and public be excluded from the meeting during discussion of the remaining items on the agenda.

Part 2

31. Urgent actions and operational issues (Part 2)

(Agenda item 4)

31.1 Members considered the following report: claims made under the Riot (Damages) Act 1886 arising from incidents in central London between Saturday 6th August and Tuesday 9th August 2011 (inclusive) (Exempt part 2)’, which contained legal advice and information relating to individual claims.

Resolved – that:

1. For claims with a value up to £500,000 (whether insured or uninsured), authority is delegated to the Commissioner (acting through DLS) to investigate the claim, determine whether loss or damage was caused by a riot, and to fix the just level of compensation payable under the RDA.
2. For claims with a value of £500,000 or more (whether insured or uninsured), DLS will investigate and report to the Authority, and the Authority will determine whether loss or damage was caused by a riot, and fix the just level of compensation payable under the RDA.
3. For claims with a value up to £500,000 (whether insured or uninsured), an appeal against the determinations of the Commissioner (acting through DLS) may be brought to the Authority on the basis of: whether loss or damage was caused by a riot; and/or the just level of compensation payable under the RDA.
4. In accordance with MPA Standing Order 3.1.5, a panel composed of no fewer than three members of the Strategic and Operational Policing Committee, is to be established. The terms of reference for this panel will be to exercise all of the powers of the Authority in relation to: (1) claims made under the Riot (Damages) Act 1886; and, (2) appeals against determinations by the Commissioner of claims made under the Riot (Damages) Act 1886.
5. To delegate to DLS the authority to reject claims where they do not fall within the terms of the Riot (Damages) Act and associated regulations.

32. Minutes: Strategic and Operational Policing Committee 14 July 2011 (Part 2)

(Agenda item 15)

32.1 Members agreed the minutes for the above meeting.

Resolved - That the minutes of the Strategic and Operational Policing Committee held on 14 July 2011 were agreed and signed as a correct record.

33. Application for funding to settle a claim

(Agenda item 16)

33.1 Members agreed a sum of money.

Resolved – That funding be agreed.

Meeting closed – 4.50 pm

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