Implementation of Recommendation 61 of The Stephen Lawrence Inquiry

Report: 06
Date: 13 March 2003
By: Commissioner

Summary

Recommendation 61 of the Stephen Lawrence inquiry which seeks to establish a system whereby a record is made by police officers of all stops and stop and searches. This report outlines the progress being made towards implementation within the Metropolitan Police Service.

A. Recommendation

That the report be noted.

B. Supporting information

Overview

1. After detailed consideration of the options by the MPA, MPS, Home Office, and observers from the sub-group of the Stephen Lawrence Steering Group, Hackney borough was chosen in the MPS for the commencement of first phase of implementation of Recommendation 61 on 1 April 2003.

2. To drive forward the implementation, a Steering Group chaired by Commander Broadhurst of the MPS has been formed. The group consists of Doreen Lawrence, Ravi Chand (National Black Police Association) (NBPA) , Paul Quinton (Home Office) and Cecile Wright (MPA). In addition, MPS staff from Hackney, the Consultancy Group and the Diversity Directorate also attend.

3. A workgroup consisting of practitioners to address issues relating to communication, form design, training and the stops database also meets on a regular basis. Julia Smith represents the MPA.

Communications

Internal

4. The Directorate of Public Affairs (DPA) is producing an internal Communication Strategy to inform staff throughout the MPS of progress in respect of Recommendation 61. This is being developed in full consultation with the MPA.

5. It is anticipated that a number of options will be used to raise awareness including an article in the MPS internal Newspaper (‘The Job’) on 7 March 2003, the design of posters for internal use and updates via the Diversity Directorate intranet site. Hackney BOCU has introduced a question and answer section on their intranet forum for staff to receive replies to any issues that emerge during the implementation process.

6. All operational staff will receive instruction and briefing on how to complete the new stop/search form and staff in Hackney are receiving detailed training on Recommendation 61, as described below.

External

7. The MPA have the lead on the external communication strategy. The Directorate of Public Affairs will continue to liase with the MPA in order to provide the most up-to-date information to the public. The MPA have designed a comprehensive communication strategy using a variety of methods including radio, newspapers, websites, public meetings and literature to inform Londoners. The Strategy is attached as appendix 1.

8. A number of community events are in the process of being organised by the MPA in the borough of Hackney including a public launch of Recommendation 61 to be held on Monday 31st March 2003.

Form design

9. The changes within ‘Code A’ have made it necessary to completely re- design the current Stop and Search form. To ensure that the form is available for use by the 1 April 2003, a minimum four-week print time is required. Through the work of a forms sub-group, three draft versions of the new form were produced for discussion and ratification by the Steering Group on 21 February 2003.

10. The agreed version has been sent for a print proof, which should be available for circulation at the EODB meeting.

11. Numerous changes have been made to the original form, including the need for it to be self carbonated and contain sufficient information to satisfy the requirements of the new code ‘A’ relating to stop/search.

12. Following comments from the MPA, IAG and operational officers, the MPS has informed the Home Office that it will be changing the order of the self defined ethnicity codes to be alphabetical. ( Appendix 2).

13. The wording of the identity codes (Appendix 3) has also been changed in line with a proposal accepted by ACPO in January 2003. The changes were suggested by the Home Office following their discussions with a number of stakeholders including Doreen Lawrence; APA; Commission for Racial Equality; NPBA; Police Complaints Authority; Her Majesty’s Inspectorate of Constabulary (HMIC); Association of Chief Police Officers; Police Federation; and Beverley Thompson (MPS-Independent Advisory Group).

Training

14. Training of staff in Hackney commenced on 3 February 2003. The training is based on the Centrex (Central Police Training and Development Authority) training package. Training is being delivered to operational and support staff in Hackney by Diversity Trainers, Associate Trainers and local Hackney Training Staff. Two classes of 12 officers are running per day to allow the 600 staff to be trained by 1 April 2003.

15. The initial feedback from the Hackney officers suggests that they are finding the training very beneficial and they now appreciate that their comments relating to the self-defined ethnicity codes have been acted upon.

16. Supervisors have questioned their role if errors or areas of concern are found on the forms presented for supervision. The rear of the form clearly states that supervisors are expected to check, monitor and provide feedback to officers if errors are found. They are also expected to examine the object and grounds of the stop/search. Monitoring will allow supervisors to challenge officers and give them the opportunity to learn from initial mistakes. However, if the error continues then there is an expectation that discipline will be a considered option.

17. Each training session is opened, and supported by a member of the Hackney SMT. Members of the MPA are also welcome to join staff on a training day.

Stops database

18. Work to roll out the new stop/search database across the MPS is still on target for the delivery date of 1 April 2003. Although the database has the capability to store the increase in data when Recommendation 61 is fully implemented throughout the MPS, it is anticipated that further iterations will take place to capture the issues from Hackney and the other Home Office sites.

19. Data from the form, including both the self defined ethnicity code (16+1) and the revised 6+1 codes will be added to the database by the dedicated inputters. On 10 March 2003 the data inputters throughout the MPS will receive training at New Scotland Yard on how to use the new database. It will also be explained that their work is vitally important to allow us to obtain an accurate and speedy picture of the stop/search activity throughout London.

IT based solution

20. Following the decision of the MPA and MPS that a hand–held IT solution would be progressed at a second BOCU, the Project Implementation Document for Recommendation 61 has been updated to show the following:

• Determine requirements for hand-held IT device that can be used by officers whilst out of the station to record information on stop encounters (based on the learning from Hackney)
• Development of system

21. It is understood that the Directorate of Information (Doi) will be in a position to consider the technical feasibility of a hand held device for stop/search records no earlier than June 2003. This time scale gives them the opportunity to explore the issues emerging from Hackney. It is then anticipated that Doi will pilot the device in early autumn, possibly September 2003.

The timescales associated with this objective will be revisited with a view to implementing a suitable technical solution as early as possible.

22. During the interim period Superintendent Chris Miles of Doi is progressing the testing of a hand held device that officers will use for PNC access whilst on patrol. Although this cannot be used for stop/search at this time, it will assist in the evaluation of the device in terms of both viability and the practicalities of issuing hand held devices to operational officers.

Progress in other implementation sites in England and Wales

23. The Home Office state the other six sites throughout England & Wales are in a comparable position to the MPS. With the exception of Merseyside, the other areas are still expected to commence the first phase of the implementation of Recommendation 61 on 1 April 2003. Merseyside have experienced some difficulties with contractual issues with a company providing IT for optical scanning of forms.

C. Equality and diversity implications

There is a lack of confidence in the criminal justice system, particularly among minority ethnic communities in relation to stop/search activity. The implementation of Recommendation 61 and changes in the revised Code A will significantly increase both the trust and confidence of the public in policing. Recommendation 61 will provide the opportunity for the person stopped to self-define their ethnic identity according to the classification in Census 2001. This will assist the MPS to monitor the treatment of different ethnic groups in order to improve the service we provide.

D. Financial implications

Training

The use of Diversity, Associate and local trainers to deliver the training package to 650 operational staff will cost a total of £68,200.

• Associate trainers (£35,000)
• Diversity trainers (£18,080)
• Hackney trainers (£15,120)

Stop and Search Forms

At present Hackney officers submit approximately 10,000 search forms. It is anticipated that the implementation of Rec. 61 will result in a total of 20,000 stops and stop/searches.

Total printing cost £23,000.

Stops database

The development of the new stop/search database to incorporate the additional requirements under Code A and Recommendation 61 will cost approximately £500,000 to roll out across the MPS.

The specific costs relating to Hackney have been submitted to the Home Office to secure their funding for the phased implementation of Recommendation 61.

E. Background papers

None.

F. Contact details

Report author: Superintendent Carl Bussey, Diversity Directorate, MPS.

For more information contact:

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

Appendix 1

Stops - Recommendation 61

Communications Strategy

Background:

In March 2001, the Home Office asked all police authorities in England to consult with their communities about Recommendation 61 of the Stephen Lawrence Report.

Recommendation 61 states that:

Police officers should record all stops

• A copy of the record is given to the person stopped
• The record is to include the reason for the stop, its outcome and the self-defined ethnicity of the person stopped (16 + 1 system).

On 12 March 2001, the Association of Police Authorities initiated a national campaign informing people about their rights when stopped and searched by police.

Integral to this, the MPA began a two-month consultation programme with communities across London about Recommendation 61. Results from this consultation process were forwarded in June 2001 to the APA, who collated information nationally and passed all data to the Home Office Lawrence Steering Group for consideration. This consultation supported the implementation of Recommendation 61 in London. The MPA was in full support of this recommendation and worked to influence the Home Office in reaching this decision.

In November 2002, the Home Secretary announced that seven sites had been selected on a nationwide basis to phase the implementation of Recommendation 61.

The borough of Hackney will be the first in the MPS to phase the implementation, which will roll out to the other boroughs after evaluation in 12 – 18 months time. This decision was taken despite a written request from Toby Harris, chair of the MPA, to the Home Secretary that the pilot should run London wide as a means of allaying London’s ethnic minority groups about their concerns of disproportionality in the use of this police tactic.

The implementation of Recommendation 61 in London will take place in 5 phases:

• Phase 1 Paper based implementation in Hackney on April 2003;
• Phase 2 Implementation and phased evaluation, time scale 3-6 months;
• Phase 3 IT based implementation, estimated start date September 2003;
• Phase 4 Implementation, monitoring and evaluation; and
• Phase 5 Recommended approaches approved by the Home Secretary.

The MPA is working towards Londonwide implementation of Recommendation 61 by Autumn 2004.

Official definition of a stop

A police stop is defined by the Home Office as “when an officer request a person in a public place to account for themselves i.e. their actions, behaviour, presence in an area or possession of anything, a record of the encounter must be completed at the time and a copy given to the person who has been questioned, this is unless there are exceptional circumstances … a record of an encounter must always be made when a person requests it, regardless of whether the officer considers that the criteria set out has been met."

Aims

• To inform and explain to people who work, live, visit or travel through Hackney specifically, and then on a London wide basis, what Recommendation 61 means in relation to stops and how phased implementation will work.
• To obtain informed community views about how the recording of stops is impacting on communities and policing in Hackney.
• To secure public confidence and reassurance in the police, particularly amongst minority ethnic groups.

Objectives

• To continuously seek the views of the public in Hackney about the implementation of Recommendation 61.
• To encourage and stimulate informed debate specifically in Hackney and then on a London wide basis.
• To ascertain what impact the implementation is having on relationships and interaction with police in Hackney, and monitor and review levels of confidence and trust in the police, particularly among black and minority ethnic communities.
• To explain the design and use of the new Recommendation 61 form, demonstrate how it works and explain the training for officers involved.
• To be able to present the communities of Hackney with a full report at the end of the phased implementation to demonstrate the value of their views and participation

Key messages

Recommendation 61 comes directly from the independent Stephen Lawrence Report.

Anyone stopped by police will now be given a written record of why. It intended to make stops less subjective and more transparent.

Recommendation 61 is key to increasing community trust and confidence in the police who will be expected to demonstrate respect by reinforcing an individual’s rights when they are stopped.

Recommendation 61 aims to ensure stops are intelligence led and targeted, and therefore more effective in making communities safer.

Recommendation 61 will enable the MPA, MPA and communities to monitor disproportionate use of stops under the Race Relations Amendment Act.

Recommendation 61 is fully supported by the MPA and the MPS, who previously requested that the Home Secretary implement Recommendation 61 London wide. Following the Home Office’s phased implementation programme, it will be introduced in all London boroughs.

Spokespersons

Cecile Wright, Peter Herbert (Members)

Other major stakeholders will nominate their own spokesperson and will include the borough commander of Hackney, Commander Bob Broadhurst, the leader of the council and community representatives.

Target audiences

NB Due consideration to be given for involvement of community leaders, outreach workers or special representatives and additional languages or formats when communicating with all groups.

General public:

Borough of Hackney, Londonwide and Southeast. There will probably also be national interest

Key stakeholders in Hackney

Community groups in Hackney – Churches, faith groups, Muslim groups, youth groups, schools, voluntary groups, CPCG, tenant groups, Irish, Turkish, Somali communities, asylum seekers, disabled groups, ethnic minority groups, refugee groups, newly settled communities and LGBT.

Schools - utilising Safer Schools programmes for access, especially Stoke Newington High School

Law centres, Citizens Advice Bureau and Race Equality Council.

Government agencies – GLA, TfL, GoL, Borough Council, Education Authority, Health Authority

Media:

Local Hackney press, media and radio, London press and media (Evening Standard, BBC London, London Tonight, London radio stations, Big Issue, Time Out) national press, media, including Sky, and radio

Ethnic Minority media: The Voice, New Nation, Sunrise Radio, ethnic minority radio stations in the Borough, including pirates (Trident media strategy will guide on this issue), Turkish radio

Police:

Borough police and Metropolitan Police Servicewide.
Black Police Association
Police Federation

External communication

In February, Julia Smith will be holding a series of meetings with key partners and stakeholders in Hackney. These are yet to be arranged and the decision to be taken as to whether media is invited to these meetings.

It is essential that all London Boroughs are made aware of the background to and phased implementation of Recommendation 61 to avoid the confusion experienced during the Lambeth cannabis pilot. Therefore, the following points must be integral to the external communication strategy:

• That Hackney is one of seven sites nationwide that the Home Office have decided should be the first to implement Recommendation 61 and that when the most efficient method of implementation has been decided, Recommendation 61 will be phased in throughout London.
• That the MPA requested the Home Secretary to implement Recommendation 61 across the whole of London, not just in one borough. To hasten London wide implementation the MPA, with the MPS, will introduce an IT based recording of stops in another borough, yet to be decided, in September

Therefore:

• A letter will be written to all borough stakeholders held on the MPA database outlining the situation. Help will be sought from stakeholders to disseminate this information to communities in their boroughs.
• Link Members will be provided with a presentation on Recommendation 61 to give to their CPCGs, community groups and other interested parties.

Media strategy

Recommendation 61 event on 31/3/3 to be led by Toby Harris, Cecile Wright, Peter Herbert, Deputy Commissioner, Commander Bob Broadhurst, Borough Commander Hackney, Leader of Council and community representative – to be held in appropriate public venue 10.30 am – invitees to be representative of local communities, stakeholders; local and London media.

Thereafter a steady flow of information to be maintained by the following means:

Cecile Wright and Peter Herbert to be available give press interviews/briefings as requested/arranged

Where possible to participate in joint press briefings with Metropolitan Police, local authorities or other relevant stakeholders

To set up links with other websites so that information is disseminated in unified and coherent fashion – specifically: the Black Lawyers Society, 1990, Black Forum, Hackney Live, Hackney BOCU website.

To liase with relevant stakeholders in order to use meetings, such as council, community or CPCG meetings, to disseminate information, engender debate and clarify emerging issues

To use stakeholders’ publications e.g. local authority’s free newspaper 'Hackney Today' delivered to all householders.

To make full use of public areas such as doctors’ or dentists’ surgeries, libraries, and to approach frequently used places such as hairdressers, shopping centres, supermarkets and garages for support to hand out publicity and information.

To approach clubs and bars to ask permission to put information/publicity in washrooms

NB Directorate of Public affairs will be responsible for offering filming facilities to media for going out with officers taking part in the pilot and stopping people in accordance with Recommendation 61

Publicity

Press release to be issued before 31/3/03 and thereafter to update media as necessary to maintain information flow about Recommendation 61 phased implementation in Hackney.

New information literature, leaflets and ‘credit cards’ (designed and produced by APA) to be issued within the borough and across London

Information released to carry logos of MPA, MPA and Hackney Council whenever possible

Information packs will be available for public meetings, media and for Link members to give out in non Recommendation 61 boroughs.

All agencies to agree ‘lines to take’ that encompass main points for interview purposes.

To Link in

Stop and Search Scrutiny

This scrutiny will run concurrently with the pilot

Press release has been sent out and posted on website.

Cecile Wright is spokesperson and interviews are to be arranged

Information to be fed directly into ethnic minority press and media.

MPA website has been updated on Recommendation 61 and Stop/Search scrutiny on Stop and Search page.

Toby Harris Hackney borough visit 30/4/03

Stop and search pilot and scrutiny could be added to agenda and relevant parties invited.

Local press are invited to attend and therefore further interviews could be offered.

Internal Communication

To inform the Job - initial article (double page spread) is planned for 21/2 with regular follow-ups and up dating.

To maximise use of Intranet (internal Met website) – information will be posted on corporate part of Met intranet

Police Notices

To approach National publications such as Police and Constabulary for features.

Media Monitoring and Evaluation

All press cuttings to be collated

TV and radio media to be monitored

Websites to be monitored and designated e-mail response address to elicit response from communities

Resources

There are significant resource implications involved in this strategy.

The APA, at no cost to the MPA, will provide the information literature except if a specific MPA message is printed onto the generic material. The original APA Stop and Search information material cost £53,000 for 400,000 leaflets and 800,000 ‘credit cards’ to carry the MPA contact details. A great deal of this material is now redundant and therefore it is not recommended that the new material be customised.

Further information publicity will need to be funded – the GLA and TfL will be approached for financial assistance.

A full-scale publicity campaign including for example, advertising on buses, hoardings, local radio would cost in the region of £200,000. This is not available in our budget.

Sponsorship has been discussed and further research in this area may prove viable.

Inter agency Communications liaison

Communications to establish channels with relevant partners and agencies, particularly the MPS/DPA, community representatives and the local authority.

Methods of contact to be established.

All agencies to inform partners before issuing statements or media facilities.

Appendix 2

Self Defined Ethnicity (SDE) Code – 16+1

Asian Or Asian British

Black Or Black British

Mixed

Chinese Or Other Ethnic Group

White

Appendix 3

Identity Code (IC) – Officers Perceived Ethnicity Code

Existing codes

Revised codes

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