Contents
Report 6 of the 20 Jun 03 meeting of the Co-ordination and Policing Committee and sets out the progress made by the MPS to the recommendations made in the Virdi Inquiry Report.
Warning: This is archived material and may be out of date. The Metropolitan Police Authority has been replaced by the Mayor's Office for Policing and Crime (MOPC).
See the MOPC website for further information.
Virdi Inquiry – MPS response and action plan
Report: 6
Date: 20 June 2003
By: Commissioner
Summary
This report sets out the progress made by the MPS to the recommendations made in the Virdi Inquiry Report.
A. Recommendations
Members are asked to consider the response from the MPS.
B. Supporting information
MPS response
3. Recommendation 1
Police Regulations to be interpreted with common sense and reasonableness.
The consultation process commenced in January 2003 with the Staff Associations. Also in January 2003 a Police Notice set out the position of the MPS in relation to convictions against Police Officers. The workload of the Discipline Support Unit has been reduced by 50% over the last 12 months; ensuring current cases are heard more quickly. More officers are pleading guilty which indicates that investigations are more professional and the decisions regarding disposal are proportionate. However, decisions that seek to interpret regulations may be subject to challenge by those affected.
This process is now part of the Management structure and therefore this objective can be seen as complete.
4. Recommendation 2
Grievance Procedure to be reviewed.
The new Fairness at Work Procedure was implemented in April 2003 and the post of FaW Co-ordinator filled. Special Notice 8/03 sets out the new Fairness at Work Policy and was launched on 5 May 2003. Responsibility for ‘Fairness at Work’ has been moved to HR Directorate. The action has been completed.
5. Recommendation 3
Review of administration of Employment Tribunals.
The District Audit report on ‘Employment tribunals’ in the MPS (July 2002) was presented to MPA HR Committee on 3/10/2002. This study found robust strategies for defending cases where appropriate and clear audit trails for decision-making.
The ACPO Working Group ‘Learning the Lessons from Ets’ has circulated the report to all forces for information and to share current thinking and best practice around these issues. The MPS is playing a key role in the work of the group in developing best practice guidelines and linked process mapping, highlighting key stages for resolution/settlement.
A Performance Visit to the Employment Tribunal unit took place on 29/10/02 and a number of areas for development were identified. A response to the visit and an action plan addressing the work areas and other issues raised are being devised.
6. Recommendation 4
Recognition of value of informal resolution.
The written warning policy has now been re-written and was published in Special Notice 8/03. There is also an interactive site on the Intranet which will provide easy to follow guidance. This objective is therefore now complete.
7. Recommendation 5
Incorporation of recommendations into Race Relations (Amendment) Act action plan.
A new working group, sponsored by The Home Office in partnership with the National BPA, had its first meeting in October 2002. Disproportionality Issues within complaints will be discussed at that forum. This work is on going with the Policy Unit. An agreed programme of policies for “RR (A) A” compliance is overseen by The Professional Standards Strategic Committee. This objective is therefore considered complete.
8. Recommendation 6
Role of Directorate of Legal Services (DLS)
See the response to Recommendation 2.
Early intervention strategies appear to be working as evidenced by the significant numbers of ET’s issued on a protective basis that are subsequently withdrawn or settled. Few are contested to a hearing, even fewer result in an award against the Commissioner.
No other changes were sought of DLS, although DLS carried out a self-generated review in relation to the need to apply for an adjournment of ET proceedings by reason of ongoing conduct inquiries. This review, completed before the 1 June 2002, endorsed the approach DLS were taking. This recommendation is now complete.
9. Recommendation 7
Pursue recommendations of HMIC inspection of Policy, Review and Standards
The work referred to in the responses to Recommendations 2, 5 and 6 fully implement the recommendations raised in the HMIC Inspection of The Professional Standards Department. Responsibility for “Fairness at Work” has been moved to HR Directorate and has now been implemented. This objective is now complete.
10. Recommendation 8
Review and implementation of press strategy in relation to equality cases.
A review and subsequent implementation of the press strategy in relation to equality cases has been completed. This action is now completed.
11. Recommendation 9
System for monitoring and reviewing implementation of equality policies.
The design and development of MPS policy is owned by the HR Directorate. A review of all HR policies was recently set up to ensure that they conform to current employment legislation. A total of 542 policies were examined under phase one of the review of which 75 were found to be obsolete and the remainder were assessed as high, medium or low priority for updating. This process placed 37 policies in the high priority category for review a fundamental criteria being compliance with equality legislation. The work to further develop these continues.
The Diversity Directorate, as outlined in its Diversity Action, DOIT & Strategic Disability Plans alongside the work of a variety of Inspection and Audit teams, monitors implementation and compliance.
This recommendation has been fully adopted and is ongoing.
12. Recommendation 10
Review of disciplinary issues flowing from the investigation of the Virdi case.
The South Wales Police report has been completed and is currently with the PCA. The MPS has yet to be made aware of its contents.
13. Recommendation 11
Monitoring of Police Federation Joint Branch Board composition.
Staff Associations continue to be set up, the most recent being The Turkish & Cypriot Staff Association launched on the 9th June 2003 by the Commissioner. These Associations are receiving limited official financial support and discussions are ongoing regarding increasing this support to include facilities, time and business support. The Associations, including the BPA, meet ACHR and the Director of DOIT on a regular basis throughout the year.
In seeking to ensure full representation The Staff Associations and Federations actively support the principle of consultation and seek to engage a collaborative approach.
C. Equality and diversity implications
The work to implement the recommendations of the Virdi Inquiry has been fundamental to the MPS activities in promoting a more inclusive approach to policing London’s communities, to tackling discrimination in employment and to policing London in a fair and equitable way. Many of the recommendations have now been met and work continues to meet the remainder. The new systems set in place as a result of this work will continue to be monitored and evaluated.
D. Financial implications
The cost of the proposed actions outlined in the MPS Action Plan will be met from existing budgets.
E. Background papers
- Virdi Inquiry Report
F. Contact details
Report author: Denise Milani, MPS.
For more information contact:
MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18
Appendix 1
Virdi Inquiry Report - proposed action by the MPS
Recommendation 1
Regulations, particularly in regard to discipline, should be interpreted with common sense and reasonableness in an attempt to eliminate unnecessary bureaucracy and unjustified cost both financially and in personal terms.
| Proposed action by the MPS | Directorate responsible | Completion agreed |
|---|---|---|
|
1. The MPS is in the processing of refining a Professional Standards Strategy. This includes consultation with the MPA through the Professional Standards & Performance Monitoring Committee. Status -complete. |
Head of the Directorate of Professional Standards(1 – 3) |
|
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2. The Strategy is predicated on the shift of emphasis from investigation to prevention activities. Any outcome of the Inquiry Review will be included in the implementation of the findings of the Review of the Discipline Office. Status -complete. |
||
| 3. This recommendation will be taken into account in decisions as to whether to halt investigations or to institute formal discipline. Status - complete. |
Recommendation 2
The grievance machinery should be reviewed (as the MPS has already undertaken to do) to:
- Ensure that the procedure includes the informal stage of normal management action;
- Provide training to managers and supervisors in the use of the process and their obligations to address issues at an early stage;
- Support the decisions of managers and supervisors where appropriate;
- Re-launch the process and give senior officer assurance that staff who use the procedure will not be punished or victimised.
| Proposed action by the MPS | Directorate responsible | Completion agreed |
|---|---|---|
|
1. A new grievance procedure has been created which streamlines the current system. It awaits the approval of the MPS Management Board, and if agreed will have the likely effect of reducing the number of ETs launched. |
Assistant Commissioner Human Resources(1 – 6) |
|
|
2. A paper outlining the revised procedures will be considered by the MPA Human Resources Committee on 7th March and the proposals are currently the subject of internal consultation. |
||
| 3. Include the informal stage of normal managerial action – this forms an integral part of the revised procedure currently being developed in consultation with a consultant who has been involved with the Virdi Inquiry; | ||
| 4. Provide adequate management training – the Training and Development Directorate will update management training courses to reflect the new procedure once it is introduced. They will consider the most appropriate means of familiarising those staff who investigate grievances under the new arrangements; | ||
| 5. Support management decisions – the new procedure incorporates a new post of Grievance Appeals Manager who should provide a ‘champion’ to oversee management action; | ||
| 6. Re-launch the process with senior support against victimisation – the new procedure will be launched, with high-level support from ACHR and DPS. Status-all actions complete. |
Recommendation 3
That consideration be given to a review of administration of ETs within the MPS to encourage:
- Setting up a monitoring and good practice unit capable of early intervention and for alerting chief officers to highly sensitive cases;
- Removal of some of the responsibility for case management to suitably trained Personnel Managers who will work in close liaison with Borough Commanders;
- Direct contact between Borough commanders, Personnel Managers and MPS solicitors to encourage local management responsibility and the possibility for earlier resolution of cases.
| Proposed action by the MPS | Directorate responsible | Completion agreed |
|---|---|---|
|
1. A review of the grievance machinery is well underway and therefore the response is covered under proposals for recommendations 2 & 5. |
Head of the Directorate of Professional Standards (1 – 2) Assistant Commissioner Human Resources |
|
| 2. At the heart of the Review is the intention to implement early intervention strategies to reduce the number of grievances escalating into ETs | ||
| 3. A complementary recommendation was made in the recent District Audit Report on Employment Tribunals – this recommendation was accepted and will be progressed by HR Directorate and DPS. Status - ongoing |
Recommendation 4
Notwithstanding the constraints of the existing Regulations, the MPS should address the perceived blame culture, recognising that an early apology may be the only desired outcome and should support staff who admit to honest mistakes.
| Proposed action by the MPS | Directorate responsible | Completion agreed |
|---|---|---|
|
1. Borough Support Command of the Directorate of Professional Standards will continue to limit internal investigations, by considering proportionality and likely outcome in decision-making as to whether to institute internal investigations. Status - complete. |
Head of the Directorate of Professional Standards(1 – 3) Assistant Commissioner Human Resources |
|
| 2. DPS to market Written Warning and Unsatisfactory Performance Procedures to Boroughs and OCUs as alternatives to internal investigations. Status - complete. | ||
| 3. Investigating Officers in DPS to include the benefits of the process in quarterly meetings with Borough SMTs Status - complete. | ||
| 4. Appoint Grievance Appeals Manger. The proposed new post should be able to deal with cultural issues, particularly around saying ‘sorry’ Status - complete. |
Recommendation 5
That appropriate actions arising from these recommendations should be included in the requisite action plan to comply with requirements of the Race Relations (Amendment) Act 2000, and the MPS should produce a strategy to reassure the community of its commitment to comply with the legislation.
| Proposed action by the MPS | Directorate responsible | Completion agreed |
|---|---|---|
|
1. MPS Diversity Directorate has been working closely liasing with DPS on the implementation of the Race Relations (Amendment) Act 2000, Status - complete. |
Head of Diversity Directorate(1)
Head of the Directorate of Professional Standards(2 – 5) |
|
| 2. DPS has designed Management Information systems to provide necessary information. | ||
| 3. At a meeting between DPS and IAG members on 12 Feb 2002, it was decided to analyse three subjects where the statistics show disproportionality. | ||
| 4. The next stage will be to analyse the information with the support of IAG members, then devise corrective action plans | ||
| 5. The analysis and corrective action plans will be presented to the MPA Professional Standards & Performance Monitoring and Consultation, Diversity & Outreach Committees. Status - all actions complete. |
Recommendation 6
The MPA should seek to address the perceived difficulties associated with the Directorate of Legal Services, namely:
- the use of early intervention strategies to limit the number of cases going to ET;
- to ensure that the structure of decision-making, where legal advice is a critical consideration but not the final arbiter, is transparent to the MPA.
| Proposed action by the MPS | Directorate responsible | Completion agreed |
|---|---|---|
|
1. The MPS has undertaken to review the grievance machinery [see Recommendation 2] – this is aimed at reducing the number of cases going to ET, through revising the grievance machinery. |
Director of Legal Services |
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| 2. The Director of Legal Services expects that the implementation of any changes sought of the Directorate of Legal Services will be in place by 1st June next. Status - recommendation complete. |
Recommendation 7
The MPS should maintain the ongoing progress and good practice identified in the last HMIC Inspection of the Professional Standards Department to ensure that all staff, regardless of their background, have confidence in the grievance procedures.
| Proposed action by the MPS | Directorate responsible | Completion agreed |
|---|---|---|
|
1. The MPS has undertaken to review the grievance machinery [see Recommendation 2] |
Head of the Directorate of Professional Standards |
|
| 2. The response therefore links with the proposals set out in the draft response to Recommendations 2 & 5.Status - complete |
Recommendation 8
A press strategy should be adopted that:
- Explains how to deal effectively with race-specific and high-profile cases, using the learning from critical incident training
- Includes the principles contained in the NUJ Guidelines on Race Reporting
- Does not compromise the principles of natural justice
| Proposed action by the MPS | Directorate responsible | Completion agreed |
|---|---|---|
|
1. Review of instructions for press officers in relation to racially sensitive cases. To be completed by end April 2002. Status – complete |
Director of Public Affairs(1 – 2)
Director of Professional Standards(3 – 5) |
|
| 2. Review of MPS Media Relations Policy is due to be completed by September 2002. Status -complete | ||
| 3. DPS Supts, DCIs and equivalent civil staff to attend critical incident training | ||
| 4. Press strategy seminar for DPS Senior Investigating Officers and case managers, with IAG and DPA involvement. | ||
| 5. DPS is now researching the practicalities of arranging this seminar in partnership with a national media group. Status – 3- 5 complete. |
Recommendation 9
Senior officers should regularly monitor and review how effectively middle and junior managers implement the organisation's policies and commitments to equality.
| Proposed action by the MPS | Directorate responsible | Completion agreed |
|---|---|---|
|
1. Promotion and selection processes now all include the requirement for individuals to demonstrate competency and commitment around issues such as equality and fairness. |
Head of Diversity Directorate(1 – 2)Assistant Commissioner Human Resources
Head of the Directorate of Professional Standards(4 – 5) |
|
| 2. This is also monitored through regular appraisal (reports on managers) and individual Personal Development Plans | ||
| 3. The proposed post of Grievance Appeals Manager could include the responsibility to co-ordinate checking activities | ||
| 4. This will be included within the DPS performance review framework. | ||
| 5. This will also form part of the MPS local inspection programme, which thoroughly inspects all 78 OCUs within the MPS on a regular basis. Status – all actions complete. |
Recommendation 10
On conclusion of the re-investigation into PS Virdi’s case (to be supervised by the PCA) any officers deemed to have acted inappropriately should face disciplinary action.
| Proposed action by the MPS | Directorate responsible | Completion agreed |
|---|---|---|
|
South Wales Police will be conducting an investigation with the following terms of reference: |
Head of Directorate of Professional Standards |
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| 1. To conduct an investigation review of the investigation which led to discipline action against Mr Gurpal Virdi and, if necessary, serve requisite discipline papers in support of that review for evidential purposes. | ||
| 2. To identify and disseminate learning from the investigative review in order to develop professional standards on behalf of the MPS. | ||
| 3. To consider the implementation of any immediate remedial action, in regard of the policy and practices of the Directorate of Professional Standards. | ||
| 4. To establish and maintain the support of this process with the Virdi family and/or their representatives. | ||
| 5. To review the written material submitted by Mr Virdi to establish the viability of re-investigating the original crime of sending race hate material. The PCA will review the evidence provided by the re-investigation and recommend or direct appropriate disciplinary action. Status – ongoing. |
Recommendation 11
The composition of Representatives of the Police Federation’s Joint Branch Board to be monitored by the Met to ensure that measures are taken to address under representation, especially from ethnic minority groups.
| Proposed action by the MPS | Directorate responsible | Completion agreed |
|---|---|---|
|
1. The Human Resources Directorate to explore development of the recognition given to other representative bodies (such as the Black Police Association) |
Assistant Commissioner Human Resources |
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| 2. Build upon any outcomes of Recommendation 13 (Home Office to examine Regulations in order to encourage greater diversity in the Police Federation) Status – work remains ongoing although actions complete. |
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