Implementation of recommendations from the Virdi inquiries

Report: 5
Date: 7 December 2006
By: Chief Executive and Clerk and the Commissioner

Summary

This report is presented as part of the programme of implementation of the Morris Inquiry recommendations. It provides an update on progress on the recommendations of the Report and Supplementary Report of the Virdi Inquiry.

A. Recommendation

That the Co-ordination and Policing Committee approves the state of compliance by the MPS with the recommendations of the Virdi Reports, and agrees that the requirement for further update reports is now discharged.

B. Supporting information

1. The Virdi Inquiry Report (Part 1) was published on 9 January 2002. It addressed processes relating to Employment Tribunals and grievances and also looked at concerns around trust and confidence internally within the MPS and the organisational learning that resulted from this case. The report made eleven specific recommendations for the Metropolitan Police and a further seven directed towards the Home Office, the Metropolitan Police Authority and the Commission for Racial Equality.

2. The Virdi Inquiry Supplementary Report (Part 2) was presented to the Metropolitan Police Authority Full Authority meeting on the 24 of February 2005 (Report 8a). It formally recognised the activity undertaken by the Metropolitan Police in its response to the Inquiry's first report and noted that 8 of the 11 recommendations had been completed and work was in hand on the other 3. In addition, it made four further recommendations which related to internal matters within the MPS and the management of personal files, with a fifth recommendation that the outstanding action on recommendation 11 (Virdi Part 1) was no longer required, as the Morris Inquiry terms of reference would allow it to take forward the work that was envisaged.

3. The Morris Inquiry was requested by the MPA to complete a comprehensive review of action taken to implement the Virdi recommendations, but was unable to do so within its timeframe. The account of implementation appended to this report (Appendix 1) provides a complete and updated review of progress taking account of subsequent developments (including recommendations of the Morris Inquiry).

C. Race and equality impact

The action taken by the MPS on the implementation of the Virdi Inquiry Report recommendations, together with actions to implement the Morris Inquiry recommendations, have addressed issues of fairness, equality and disproportionality in respect of the manner in which the MPS values and treats its staff.

D. Financial implications

There are no financial implications from this report as they have been reported to MPA committees and/or addressed in financial plans and budgets.

E. Background papers

• Virdi Reports Parts 1 and 2, and the Morris Inquiry Report (all available on MPA website)

F. Contact details

Report author: Detective Chief Superintendent Glen Allison and Wendy Reeves – Diversity Strategy and Coordination Unit, Diversity and Citizen Focus Directorate, MPS. David Riddle, Deputy Chief Executive, MPA.

For information contact:

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

Appendix 1

Virdi Report part 1 and 2 – account of implementation actions

Virdi Report part 1

Recommendations for the Metropolitan Police Service

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”

1. The fundamental review of the Directorate of Professional Standards, undertaken following the Morris Inquiry, includes the creation of an innovative new Prevention and Organisational Learning Command, which will drive the DPS commitment to move away from a blame culture and towards a more productive de-briefing and learning culture. This will be coupled with the empowerment of local managers and supervisors for the early intervention and resolution of misconduct issues. Supporting and complimenting ‘Living our Values’ will feature significantly. This issue continues to be addressed through the auspices of the Leadership Academy.

2. In addition, the Home Office is shortly to introduce a new national misconduct procedure (arising out of the Taylor Review in 2005) supported by a code of professional behaviour, and is in the final stages of consultation. This will become law in early 2007, with an implementation date expected to be July 2007. The new procedure puts early resolution and learning at its heart and is based on the ACAS procedure.

Recommendation 2

“The grievance machinery should be reviewed (as the MPS has already undertaken to do) to:

• Ensure the procedure includes the informal stage of normal managerial 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.”

3. It should be noted that the grievance machinery referred to by the Virdi Inquiry report is the MPS Grievance Procedure (Special Notice 12/96) that pre-dated the Fairness at Work policy first introduced in May 2003.

4. The revised MPS Fairness at Work policy was launched on 6th September 2006 following extensive consultation across the MPS. The new policy provides specifically for all aspects of the recommendations.

5. The new procedure is supported by the HR Practice Management team, who provide training and guidance to HR managers in the management of FAW cases - encouraging informal resolution and clarity of decision-making.

6. The new procedure includes provision for local management review of the FAW recommendations as a basis for ensuring accuracy and relevance of evidence and information gathered - The Practice Management team support local HR Managers in ensuring that local Advisors are assisted in undertaking relevant investigations and that recommendations are fair and reasonable and capable of implementation. Significant training has and will continue to be undertaken to support the new procedure.

7. Dedicated FAW Advisors are appointed to deal with complex or high-risk cases and will work alongside the HR Practice Management team.

8. Other features of the new policy include:

• Stronger emphasis on early intervention to bring about early resolution
• New target of 56 days for completing disputes
• Launching a mediation process to give people an opportunity to resolve differences in an informal setting, prior to the FAW process being started
• The policy will be kept under constant review to bring about improvement.

Recommendation 3

“That consideration be given to a review of administration of Employment tribunals within the MPS to encourage:

• Setting up a monitoring and good practice unit capable of early intervention and for highlighting 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"

9. As a consequence of the Morris Inquiry, the Employment Tribunal Unit relocated from the Directorate of Professional Standards to the HR Directorate in October 2004.

10. The transfer of the unit has now placed it alongside those responsible for developing HR policy and promoting good practice in HR Management. The learning from ET cases is a key element of this and is now being led by a dedicated Performance and Learning Manager who embraces learning issues arising from both ET and HR Practice Management.

11. The introduction of the FAW process has led to earlier interventions. A system has also been put into place to identify exceptional or significant cases and to take any necessary action at an early stage.

12. The case management improvements (risk management, early intervention strategies and greater use of formal and informal mediation) continue to be applied.

13. The Directorate of Legal Services, the ET Unit and HR Practice Management personnel work closely with local HR Managers and B/OCU Commanders to resolve concerns in the best interests of all parties and at the earliest opportunity.

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”

14. The current restructuring of the Directorate of Professional Standards will see the introduction of the Prevention and Organisational Learning Command. This command will drive the DPS commitment to move the MPS away from a blame culture and towards a more productive learning culture. This work will be complemented by the introduction of the new misconduct procedure, which will lead to early local resolutions in the majority of misconduct or issues relating to under performance.

15. This approach is a key element of the MPS Leadership Academy, which will provide training to enable leaders to develop the competence, confidence and courage needed to be inspirational, and effective team leaders.

16. In addition, a new national misconduct procedure, supported by a code of professional behaviour, is in the final stage of consultation. This will become law in early 2007, with an implementation date expected to be July 2007.

17. The new procedure puts early resolution and learning at its heart and is based on the ACAS procedure.

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 legislation”

18. The monitoring of employment data for any disproportionality is now an integral element of the MPS Race Equality Scheme Action Plan with continual improvement and review subject to bi-monthly assessment by the MPS Race Relations (Amendment) Act Steering Group.

Recommendation 6

"The MPS should seek to address the perceived difficulties associated with the Directorate of Legal Services. Namely:
· The use of the early intervention strategies to limit the number of cases going to employment tribunal;
· 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.”

19. The Fairness At Work policy addresses this point. Early assessment of all ET claims has lead to corporate acknowledgements that the MPS does not always get it right first time and it has been possible to resolve some matters at an early stage in the best interest of all concerned. The revised Fairness At Work policy and the recently introduced Early Mediation Procedure are assisting in this regard. The number of longstanding ETs fell by 80% from April 2004 to December 2005.

20. Performance management reports on ETs are submitted twice yearly to the MPA. In addition, a weekly case list of exceptional/significant claims is provided to senior MPA officers. Bi monthly meetings are held between MPA and MPS to discuss cases and other key issues. A revised ET/Fairness At Work protocol was introduced in April 2006, as a result of which the MPA is consulted on a greater number of settlement decisions and legal advice is provided to assist, where necessary.

21. Paragraph 4.132 of the report of the Morris Inquiry – The Case For Change states one of the key recommendations in the ‘Learning the Lessons’ is that “Lawyers should advise and Managers decide”. There is complete agreement with this approach and it is how the MPS deals with Employment Tribunal cases. Since Morris, the DLS has taken steps to explain and promote its role within the MPS and to the MPA. Reports on the work of the DLS will be considered twice yearly by the co-ordination and Policing committee, and there is an improved dialogue between MPA and the DLS.

Recommendation 7

“The MPS should maintain the ongoing progress and good practice identified in the latest HMIC Inspection of the Professional Standards Department, ensuring that all the staff regardless of their background have confidence in the grievance procedure.”

22. Grievances are dealt with in accordance with a revised MPS "Fairness at Work" procedure in order to ensure openness and transparency in the management of all concerns.

23. The new procedure has been subject to extensive consultation through the trades unions, police staff associations and the staff support associations, and its recent launch was supported by high profile communications including news features on the Intranet and in "The Job"

24. The HR Directorate is committed to working with all recognised staff organisations, and with the wider HR community in the development of grievance management practice as a basis for developing greater understanding and confidence across all groups

Recommendation 8

“A press strategy should be adopted that:
1. Explains how to deal effectively with race specific and high-profile cases, using the learning from critical incident training;
2. Includes the principles contained in the National Union of Journalists Guidelines on PACE reporting;
3. Does not compromise the principles of natural justice.”

25. The latest reviewed MPS media policy was published in June 2006. DPA have reviewed their systems for dealing with internal discipline matters and have implemented processes to support those who are the subject of inquiries

Recommendation 9

“Senior Officers should regularly monitor and review how effectively middle and junior managers implement the organisation’s policies and commitments to equality.”

26. All promotion and selection processes now include a mandatory requirement for individuals to demonstrate competency and commitment around issues of equality and fairness. This is also monitored through regular appraisal and individual Personal Development Plans.

27. The MPS Leadership Academy opened in July 2006 and provides the Service with a bespoke educational structure through which the delivery of diversity and cultural skills together with a range of other leadership techniques will be provided to managers of all levels.

Recommendation 10

“On conclusion of the re-investigation of PS Virdi’s case, (to be supervised by the Police Complaints Authority (PCA) any officers deemed to have acted inappropriately should face disciplinary action.”

28. The investigation by South Wales Police was completed under the supervision of the (then) Police Complaints Authority. The investigation concluded that no officers should face disciplinary proceedings and required no further action from the MPS.

Recommendation 11

“The MPS should monitor the composition of representatives of the Police Federations’ Joint Branch Board, ensuring that concrete measures are taken to address under-representation, especially from ethnic minority groups.”

29. The Police Federation is regulated by acts of parliament and as such the MPS has no authority to influence the nomination/election procedure adopted by the organisation.

Recommendations for the Home Office

Recommendation 12

“That the Regulatory Framework for police officers, (including terms and conditions, grievance and disciplinary procedures) should be reviewed to reflect best employment practice, encouraging the use of `reasonableness' and eliminating unnecessary bureaucracy as well as the cost in both financial and personal terms.”

30. The Police misconduct and discipline framework will be transformed in 2007 with the coming into effect of the new scheme arising out of the Taylor Review. This is intended to produce a less legalistic and bureaucratic process, more aligned to ACAS procedures used in other spheres of employment (although police officers will not have access to Employment tribunals for unfair dismissal). The Taylor Review made recommendations substantially in step with the recommendations of the Morris Inquiry (apart from the question of access to Employment Tribunals for police constables).

Recommendation 13

“The Regulations in respect of the Police Federation should be reviewed to incorporate a requirement for the constitution of Joint Branch Boards to reflect the diversity of staff within the service.”

31. This has not as yet been reflected in Regulations, and the Home Office have not indicated if there is any current action being taken.

Recommendations for the Metropolitan Police Authority

Recommendation 14

“On conclusion of matters between PS Virdi and the MPS the Inquiry Panel should be invited to hear the submission from PS Virdi and to publish a supplementary report.”

32. The supplementary Report of the Virdi Inquiry was published in November 2004

Recommendations 15 and 16

“The MPA to require the MPS to provide progress reports on PS Virdi's return to duty.”

“The MPA should receive an action plan and periodical reports of how the MPS are implementing the recommendations of this Inquiry.”

33. This report is the latest to update the Authority on progress in implementing the Virdi 1 recommendations.

Recommendation 17

“All Employment Tribunal cases should be monitored, assessing their financial impact as well as the likely impact on trust and confidence and on recruitment and retention of visible ethnic minorities.”

34. Following on from the Virdi 1 Report, the Human Resources Committee of the MPA developed a monitoring system. This was refreshed and revised as part of the work done by the MPA for the Morris Inquiry. A revised “Protocol for the provision of information to the MPA on Employment Tribunal cases and the Fairness at Work process” was approved and adopted by the Human Resources committee in April 2006. The protocol defines the information to be supplied by the MPS to MPA weekly on current cases, and empowers the Authority to carry out a detailed scrutiny in any case where it considers that necessary. There is also provision for half yearly in depth reports on ETs, and grievances. This oversight and monitoring function is carried out currently by the Professional Standards Committee.

Recommendation for The Commission For Racial Equality

Recommendation 18

“To review quality assurance mechanisms and management practices around caseload, auditing and delivery of an effective and professional service.”

35. In August 2004 the CRE confirmed to the Virdi 2 Inquiry that ‘Most if not all of the workings of the directorate have been examined in detail and changes made where it was felt necessary. This includes the introduction of an electronic case management system, the production of an office Procedures Manual and a more rigorous file keeping and post handling procedures.’ There is no further update on this available from the CRE.

Virdi Report part 2

Recommendation 1

“Successful reintegration requires careful management. Consideration should be given to the use of mentors to oversee the integration of staff who have been absent for some time. The following issues may be considered:

1. The mentor should possess sufficient confidence and access to the organisation to ensure that they would be listened to in the event of difficulty (This process should not interfere with normal managerial /supervisory responsibility);
2. The requirements of the mentor in individual cases. Whilst there is a need to be sympathetic to cultural differences it is important to recognise that the use of 'black on black' mentors will not necessarily address personal and professional difficulties to the reintegration process;
3. Use of a clear return to work action plan, which should be drawn up in writing stating the responsibilities of the individual, the mentor and the organisation;
4. The position regarding time limits on, for example, promotion examination (OSPRE) passes should be made clear from the outset;
5. The provision of positive action to prepare the individual for applications/training but this should not override the normal MPS entry requirements and the equal opportunities policy;
6. The process should not become bureaucratic in its implementation.”

36. The Development and Organisation Improvement Team (DOIT), now part of the Diversity and Citizen Focus Directorate introduced a range of positive action interventions and initiatives targeted at under represented groups. These have ranged from leadership programmes, detective training programmes through to provision of in-house development seminars aimed at increasing the number of minority officers passing the promotion exams (OSPRE). All interventions that have taken place have done so in accordance with MPS Equal Opportunities policy and in support of the ongoing retention and progression of under-represented groups within the MPS.

37. As a result of recommendation 3d from The Morris Inquiry, the HR Directorate established a central Suspensions Support Unit in 2005. This unit is responsible for ensuring that officers and police staff who are suspended from work are provided with information that keeps them informed of MPS news and developments. Local management have the responsibility to nominate a suspension support officer to provide for the specific needs of the individual through regular contact. On conclusion of the suspension period the support officer will also facilitate the effective re-integration of the individual into their work environment. This re-integration process would include conducting a formal return to work interview aimed at identifying and addressing any personal concerns the subject may have. Contact provided by local management is monitored on a monthly basis by the central HR Suspensions Support Unit to ensure that regular support is being provided and maintained.

Recommendation 2

A copy of this report should be provided to the MPS Police Federation in order that they may be aware of the different perceptions held in respect of the appointment of Federation representatives and the need to ensure it strives to embrace the MPS commitment to achieve fairness and equality especially in regard to the representation of minority groups.

38. The Metropolitan Police Federation has been provided with a copy of the Virdi Inquiry Part 2 report in order that they should be aware of the content.

Recommendation 3

"The personal file of DS Virdi should contain no mention of the SO6 report but should contain a copy of the letters of apology from the Deputy Commissioner dated 30 November 2000 and the Commissioner dated 5 February 2002"

39. Action completed in accordance with this recommendation (See Virdi Inquiry Report Part 2, footnote page 32).

Recommendation 4

"An audit should be carried out within the MPS to assess compliance with the requirements of the Data Protection 1998 and the Information Commissioner's Codes of Practice in relation to the retention of personal records and sensitive data. A report to be submitted to the MPA on the findings."

40. All information produced within the MPS is now governed by The Freedom of Information Act and as a consequence is liable to disclosure, unless covered by an exemption. Access to information contained on personnel files is restricted to those within the HR domain and any sensitive data contained therein is monitored to ensure that it is appropriate.

Recommendation 5

The remaining outstanding recommendation from The Virdi Report (Part 1) in relation to employment tribunals should be incorporated as part of the Morris Inquiry as this is the type of issue that the Inquiry was set up to examine.

41. Recommendation agreed as completed by MPA Full Authority 24 February 2005 Report 8a.

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