An independent inquiry into the conduct by the Metropolitan Police Service of internal investigations, grievance and conflict resolution, and employment tribunal claims

Report: Additional paper provided on day of meeting
Date: 03 October 2003
By: Clerk

Summary

This Report contains revised draft Terms of Reference for the independent inquiry that the Authority agreed to establish, at its meeting on 25 September 2003.

The Clerk will report orally on progress towards appointment of the Inquiry, and commencement of its work.

A. Recommendations

That the Committee approves the terms of reference as set out in this report.

B. Supporting information

1. The Terms of reference presented to the full Authority meeting have been revised in Appendix 1 to reflect points raised by Members in the debate at full Authority.

C. Equality and diversity implications

A purpose of the Inquiry will be to establish whether the practices and procedures of the MPS are compliant with the MPS Diversity Strategy and its obligations under the Race Relations Act. It is intended that the Inquiry, and implementation of its recommendations, should build confidence on the part of minority communities in the MPS, and in particular will address factors that might discourage black and minority ethnic applicants from joining the MPS.

D. Financial implications

There are no additional matters arising out of this report.

E. Background papers

None

F. Contact details

Report author: David Riddle, MPA.

For more information contact:

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

Appendix 1

TERMS OF REFERENCE

The Metropolitan Police Authority pursuant to its powers and duties under the Police Act 1996, the Local Government Act 1972, the Greater London Authority Act 1999 and the Race Relations (Amendment) Act 2000 has resolved to appoint independent persons to conduct an Inquiry with the following Terms of Reference: -

1. To inquire into the conduct by the Metropolitan Police Service of the following matters in relation to police officers and police staff
§ investigations into complaints and allegations against individuals;
§ the resolution of grievances and conflicts;
§ employment tribunal claims;
to establish whether its practices, processes and procedures are effective and consistent with the MPS Diversity Strategy and its legal duties.

2. To identify any lessons to be learnt from the handling of recent high profile cases.

3. To consider the role of the Police Authority and its Members in relation to the oversight of the relevant directorates and functions and consideration of high profile cases.

4. To publish a Report with its findings and recommendations.


The Authority will invite the Inquiry to consider the following matters, amongst others.

1) Whether the arrangements within the MPS for making decisions on individual cases (including obtaining and considering legal advice) and for the review of decisions and progression of cases, are appropriate and effective.

2) Whether there are disparities in the treatment of black and other minority police officers in relation to grievance, complaint and disciplinary proceedings and hearings.

3) Whether the organisational structures and allocation of functions in these matters within the MPS is effective.

4) Whether appropriate consideration is given to early resolution of grievances and conflicts, through mediation / conciliation or an internal ombudsman or other restorative justice techniques, and whether there are adequate processes to achieve such resolution.

5) Whether there should be arrangements for employment tribunal claims, particularly those involving allegations of discrimination or harassment, to be subject to independent review as part of the MPS handling of such cases, in order to encourage and facilitate efforts to achieve resolution by agreement.

6) Whether it is possible for the investigation of complaints and allegations to be dealt with in a swifter, less bureaucratic and less resource intensive way, so that the investigative effort can be seen to be proportionate to the gravity of the allegation; and the extent to which the current requirements of the relevant Police Regulations hinder the swift resolution of cases.

7) What progress has been made by the MPS on the implementation of recommendations from the Gurpal Virdi inquiry

The Authority wishes the Inquiry to commence its work before the end of 2003 and to present its report as soon as practicable and not later than April 2004.

The Authority will provide the Secretariat to the Inquiry and will appoint Solicitors to advise the Inquiry and assist with the gathering and consideration of evidence.

The Authority will look to the Inquiry to determine its own rules of procedure. The Authority considers that some sessions of the Inquiry should be in public in order to engage with all stakeholders openly and transparently. The Authority also considers that stakeholders and parties should not, as a general rule, be legally represented.

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