Progress report relating to agreed outcomes of Morris, Taylor, Commission for Racial Equality and Ghaffur reports as it relates to Professional Standards

Report: 08b
Date: 6 October 2005
By: Commissioner

Summary

The work relating to the recommendations arising from Morris, Taylor, Commission for Racial Equality (CRE) and Ghaffur reports have been brought together into a series of outcomes, which have been agreed between the Metropolitan Police Authority (MPA) and Metropolitan Police Service (MPS).

This report deals with the progress on the Professional Standards outcomes together with some of the overlapping issues. (Two of the attachments, non-word documents, are also available in a suitable converted format referred to as Appendices 1B and 2B. In addition, the schematic attached at Appendix 3 has been summarised at Paragraph 9.)

A. Recommendations

1. To note the progress on the agreed outcomes of the Morris, Taylor, Commission for Racial Equality (CRE) and Ghaffur reports as it relates to Professional Standards.

B. Supporting information

1. The MPA and MPS have agreed that all the recommendations emanating from Morris, Taylor, CRE and Ghaffur reports will be dealt with by reference to a set of agreed outcomes, which encapsulate relevant recommendations.

2. These outcomes have been grouped as follows:

3. This report responds to the Commissioning brief (Paras 1 to 13) and the supplementary brief of 21 September (Paragraphs 14 to 19). The attached report (Appendices 1A and 1B) deals with those outcomes that relates to Professional Standards (18) and some cross over issues upon which Directorate of Professional Standards (DPS) lead (3). A short presentation will be made followed by a questions and answers session. The presentation will focus on the DPS Review Programme.

4. The attached report Appendix 1A sets out:

• The DPS outcome number (a unique reference number);
• The agreed key outcome;
• Source Report (s);
• DPS Lead;
• Assisted by;
• Current Position;
• Work to be done; and
• Estimated completion date

5. For convenience the priority outcomes are set out below together with the current position.

Outcome 1 – DPS Managers are held to account for all investigations with process formalised through a DPS Review.

Current position

• The Widening Mission of the MPS with the need to redirect resources to Territorial Policing Safer Neighbourhoods and Anti Terrorism; coupled with the new ways of working inherent in the recommendations of Morris, Taylor, CRE and Ghaffur Reports has prompted a fundamental review of DPS.
• The Project Sponsor is Assistant Commissioner (AC) Brown - Director DPS and the Project Director is Commander Akers - Deputy Director DPS.
• This wide ranging review will take account of:
  • The MPS Service Review, in particular the Business Principle thereof;
  • Morris Taylor, CRE and Ghaffur Reports;
  • Workforce Modernisation Issues;
  • The Diversity Excellence Model work;
  • The need to continue to develop National Intelligence Model and the Strategic Assessment; and DPS prevention role as it relates to driving the MPS Professional Standards Strategy - which is due to be revised this year.
• The Strategic Aims, Scope, Organisation, Milestones, Benefits etc are set out in a Project Initiation Document (PID), which is widely published and attached at Appendices 2A and 2B.
• The Project Board members include a cross section of internal and external stakeholders and a challenge panel, Chaired by David Muir, ex MPA Member, who led for the MPA on the Virdi Issues, and who is experienced in diversity matters. The Challenge Panel also has representatives from IPCC, IAG and Staff Associations. The project team has been tasked to produce ' New Way of Working ' Model options and an implementation plan.
• The Human Resource issues inherent therein will be addressed.

Outcome 3 – Exploration of early informal resolution where severity allows and devolvement of all local investigations and local resolutions to Borough Command Unit level.

Current position

• Significant increase in local resolution rate (36-40%) - mostly by Internal Investigation Command (IIC) staff.
• Rollout programme for Senior Managers of Borough Operational Command Units (BOCUs) regarding awareness of local resolution.
• A pilot on a Borough Command Unit (BCU) is being developed to test the feasibility of a BCU DPS style unit. Designed to increase the concept of proportionate investigations and engender local ownership of professional standards matters.
• A report has been prepared indicating short, medium and long-term issues/projects that can be implemented to achieve the outcome. This is currently being considered.

Outcome 4 – That processes of internal investigation reflect, where appropriate, the reports of a criminal/major incident investigation including investigative severity, case management, protocols and investigative practices, which ensure fairness and proportionality for those subject of investigation and witness handling.

Current position

• Investigations within DPS are dealt with by two commands – Anti Corruption Command (ACC) and Internal Investigations Command (IIC).
• ACC deals with all corruption matters with all other investigations being dealt with by IIC.
• A group composed of the DPS Deputy Director, DCS Anti-Corruption Command, IPCC and the DPS Diversity Co-ordinator oversees anti-Corruption work. In addition, Staff Associations and IAG members are invited on the advice of the Diversity Co-ordinator.
• DPS IIC investigative processes have been encapsulated in the Manual of Investigation (MIG) and the Policies Procedure and Practice, relevant there to, in the Manual of Guidance (MOG). The investigations reflect MPS crime policies, especially relating to victim and witness care. Both these manuals are systemically and regularly reviewed. The total documents, being fully reviewed over a 12-month period. MOG is done monthly and MIG quarterly.
• Proportionally issues feature prominently, with the requirements of Independent Police Complaints Commission (IPCC) implementation and the implementation of the Statutory Guidance have provided an additional impetus and rigor to the review process.
• The Review of Investigations is dealt with in quantitative and qualitative ways. Statistical relationships, stemming from DPS Management Information Systems (CDS (The Complaints/Discipline Computer System)), IOWA (Investigating Officer’s Workload Analysis) and IOTA (Investigating Officer’s Throughput Analysis) are reviewed monthly against target and peer comparisons are made. Qualitatively – all investigations are risk assessed upon receipt and high-risk investigations and singled out for ongoing scrutiny. Investigations are examined every 14 days at Branch level with a quarterly review being conducted with the Operational Command Unit (OCU) Commander. When an investigation is 60 days old it is automatically assessed and subject to additional scrutiny thereafter. All investigations are risk assessed upon receipt, and high-risk investigations singled out for ongoing scrutiny. Independent Police Complaints Commission (IPCC) Supervised and Managed investigations are subject to their ongoing oversight and direction.
• DPS has provided training based on Police Complaints Authority (PCA) Guidance on Investigation of Racial Incident - expanded to include all diversity issues. This training has been provided to MPS Senior Investigating Officers (SIOs), Staff Associations, IPCC staff and MPA.
• A protocol has been developed with Operation Sapphire to ensure that appropriate expertise and skills are made available to DPS Investigating Officers when undertaking sensitive cases.
• The MPA proposals for case management (MPA paper relating thereto, see Morris recommendation 9-11, 13 and Taylor 2[xi]), have been accepted and await implementation by MPA.
• This work will be informed by research being conducted by Cambridge Criminology Department into possible discrimination (internal and external) regarding professional standards work/functions. This work is funded by DPS and is set out at Outcome 21 of the Progress Report.

Outcome 18 – Engage with staff associations to drive through change whilst seeking to promote acceptance of responsibility by Managers in discipline matters.

Current position

• Regular meetings have been set up to keep staff associations informed of the work set out in the DPS Progress Report (first held on 11 August 2005); and to seek their view on the involvement in specific outcomes.
• These formal and informal meetings will also be used to discuss other DPS matters in particular the DPS Review Programme and day to day working practices, thus replacing the ad-hoc arrangements which currently pertain.
• The existing 'Working Together - Samurai Group and DPS’ will be integrated into this group and the new Secretary will be the DPS Diversity Coordinator.
• This new meeting will be held quarterly, and be chaired by the Deputy Director and will be attended by Detective Chief Superintendent (DCS) Anti-Corruption Command (ACC), DCS Internal Investigations Command (IIC), DCS Misconduct, Civil Actions and Vetting (MCAV) with Detective Chief Inspector Kershaw, the Project Manager, for the life of the DPS Review and David Martin, Project Manager, DPS for the initial work relating to the coordination of Morris, Taylor, CRE and Ghaffur.
• In addition this outcome will be dealt with as part of the DPS Review - Outcome 1.

6. Cross-over issues have been included in Appendices 1A and 1B at outcomes 19 to 21, with MPA specific issues being set out thereafter.

7. As mentioned at paragraph 3, the presentation will focus on the DPS Review Programme, which seeks to achieve the following strategic aims:

• To place a prevention culture at the heart of DPS activity in order to identify and reduce opportunities for misconduct and corruption.
• To develop greater internal and external trust and confidence through improved sensitivity, timeliness, effectiveness and efficiency of DPS investigations.
• To move from a blame culture to one where lessons are learnt and understood by the organisation.
• To increase DPS engagement with stakeholders to:
  • Improve the openness, accountability and accessibility of investigations;
  • Enhance understanding of customer needs, whilst developing external awareness of the DPS area of work.
• To improve support for all those both within and outside the MPS involved in DPS investigations.
• To ensure that DPS has sufficient arrangements for monitoring and assessing performance in relation to race equality responsibilities.
• To improve internal and external communications.

8. The scope of the DPS Review programme includes:

• The various OCU’s and units contained within DPS.
• Actions necessary to implement the recommendations from the Morris, Taylor, CRE and Ghaffur reports.
• Workforce Modernisation incorporating:
  • Principles arising from the Bexley initiative i.e., how DPS does business and the optimum officer/staff ratios according to powers, skills and experience.
  • Diversity commitments in relation to race, sexual orientation, age, faith, disability and gender.
  • Business processes – linking professional standards procedures to Best Value and accountability.
  • Management structures – job descriptions, lines of responsibility, etc
  • Utilisation of Police Regulations, adherence to Race Relations Amendment Act and other employment law.

9. The project initiation document (Appendices 2A and 2B), which includes the governance arrangement together with a schematic (Appendix 3) are attached. The schematic indicates the range of issues, which will be taken into consideration. In summary they are:

1. Morris, Taylor, CRE and Ghaffur;
2. The Workforce Modernisation Project;
3. Preparation for Her Majesty’s Inspectorate of Constabulary (HMIC) Inspection (See paragraph 13) (DPS gaps and vulnerability assessment);
4. The MPS Professional Standards Strategy Review;
5. The Strategic Intelligence Assessment of Professional Standards matters;
6. The DPS Planning and Risk Register;
7. The Diversity Excellence Model; and
8. The MPS Service Review

10. Extensive DPS staff involvement has been a feature of this review with staff association involvement and the use of a challenge group prominent therein.

11. DPS are adopting the Diversity Excellence Model, which has been integrated into the DPS Review Programme. DPS staff have been trained in the use of the model; and questionnaires have been circulated to all DPS staff, Staff Associations and the community. The result of this will form the basis of the impact assessment.

12. All MPS Professional Standards Policies and Standard Operating Procedures (SOPs) have been reviewed under the requirement of Race Relations (Amendment) Act (RR (A) A). This includes all necessary impact assessments in accordance with the MPS Policy Development Framework and under the supervision of the MPS Policy Clearing House.

13. All Professional Standards Departments across England and Wales will be subject to a Thematic Inspection, which will be completed in December 2005. A major focus of this inspection is the implementation of Morris, Taylor and CRE. HM Inspector of Constabularies Denis O’Connor will be the lead inspector for the MPS inspection. A briefing document is attached at Appendix 4 for information.

14. The supplementary information requested on 21 September 2005 is as follows.

15. What are the significant equality and diversity implications of the Review Programme? How will they be addressed? Which stakeholders will be involved and how? How can members support this vital piece of work?

• The key relevant strategic aim of the DPS Review is
  “To develop greater internal and external trust and confidence through improved sensitivity, timeliness, effectiveness and efficiency of DPS investigations”
• The DPS Review programme is ongoing and not yet complete. See Outcome Appendices 1A and 1B and Paragraph 5.
• A “New Way” Model is currently being developed, which will seek to address the issues as summarised in Paragraph 9 and addressing the strategic aims in Paragraph 7.
• A series of Focus Groups have been held with staff with the Diversity Co-ordinator.
• The Project Board has cross Business Group Representation.
• David Muir, ex MPA Member, who led for the MPA on the Verdi Issues, and who is experienced in diversity matters, chairs the Challenge Panel. The Challenge Panel also has representatives from IPCC, IAG and Staff Associations. As mentioned at Paragraph 5. Priority 1. And set out in Appendices 2A and 2B.
• EODB can support this work by articulating their specific key concerns so that they may be addressed. Models are currently being finalised.

16. What data does DPS casework record according to gender, race, religion, age, sexual orientation and disability?

• We routinely record ethnicity, gender and age of complainants and Officers subject of complaint.
• Where it is relevant, we also record disability, sexual orientation, religion and other identifying features. DPS do not rely only upon internally collected information and perceptions. We actively seek alternative views and have commissioned independent research – Cambridge Research (Outcome 21 Appendices 1A and 1B)
• In order to provide DPS with the ability to analyse and respond to trends and emerging issues DPS diversity information covers:
  • Workforce breakdown;
  • Public complaints;
  • Stop and Search;
  • Allegations of discriminating behaviour by:
    • Faith and Religion;
    • Gender;
    • Homophobia
    • Disability
    • Race
  • Conduct Matters;
  • Suspensions; and
  • Disposals – Various

17. What evidence can the DPS supply that clearly indicates what has captured the learning offered by Virdi, Morris, CRE, Ghaffur, Taylor and previous casework and how has this affected policy and procedure?

• As indicated in Paragraph 15 the DPS Review Programme is not yet complete.
• The Strategic Aims (paragraph 7) incorporate both the need for prevention and learning lessons on an ongoing basis.
• Aspects of the “New Way” Model currently being worked on will ensure that systems, structures and processes support these strategic aims.
• Cambridge Research (Outcome 21 Appendices 1A and 1B) will ensure that we do not rely only on internal perceptions.
• Anti-Corruption work is overseen by a group composed of the DPS Deputy Director, DCS Anti-Corruption Command, IPCC and the DPS Diversity Co-ordinator. In addition, Staff Associations and IAG members are invited on the advice of the Diversity Co-ordinator.

18. How does DPS support the organisation to maintain and deliver professional standards across the organisation?

• The MPS has a Professional Standards Strategy, which is driven by the MPS Professional Standards Strategic Committee and informed by the DPS Strategic Assessment. This Committee is chaired by Assistant Commissioner Brown and has senior representatives from all Business Groups. A standing item is Diversity and Proportionality issues led by Deputy Assistant Commissioner Fitzpatrick.
• The MPS Professional Standards Strategy is being revised during 2005 to take account of the issues raised by Morris, Taylor, CRE and Ghaffur reports; the new MPS Diversity Strategy and the changing nature of professional Standard as indicated in the Strategic Intelligence Assessment.
• This Committee is responsible for commissioning, approving, monitoring and reviewing all MPS Professional Standards Related Policies, in accordance with the MPS Policy Development Framework.
• The single points of contact with all OCUs and Boroughs provide the vehicle to ensure delivery. This delivery mechanism is being strengthened in the “New Way” Model currently being developed.

19. Supplementary questions will be welcomed.

List of abbreviations

MPS

Metropolitan Police Service

MPA

Metropolitan Police Authority

DCS

Detective Chief Superintendent

DPS

Directorate of Professional Standards

CRE

Commission for Racial Equality

IPCC

Independent Police Complaints Commission

IAG

Independent Advisory Group

PCA

Police Complaints Authority

HMIC

Her Majesty’s Inspectorate of Constabulary

ACC

Anti-Corruption Command

SOP

Standard Operating Procedure

RRA

Race Relations Amendment Act

MOG

Manual of Guidance

MIG

Manual of Investigation

MCAV

Misconduct, Civil Actions and Vetting

OCU

Operational Command Unit

BCU

Borough Command Unit

BOCU

Borough Operational Command Unit

IIC

Internal Investigation Command

SIO

Senior Investigating Officer

HR

Human Resources

SI

Service Improvement

AC

Assistant Commissioner

C. Race and equality impact

The work relating to Morris, Taylor, CRE and Ghaffur and in particular the DPS Review Programme is focused on addressing real and perceived discrimination within the Professional Standards arena. The continued involvement of staff associations and external stakeholders will ensure that this focus is maintained.

D. Financial implications

Costs for current work is being met within the existing MPS budgets directed by the MPS Professional Standards Strategic Committee, which is chaired by Assistant Commissioner Alan Brown, Director DPS.

E. Background papers

• DPS Progress Report – Morris, Taylor, CRE and Ghaffur against the agreed outcomes. Appendix 1A - converted version Appendix 1B. (Priority issues are set out at Paragraph 5).
• Project Initiation Document for DPS Review Programme. (Appendix 2A) – converted version Appendix 2B.
• Review Programme Schematic (Appendix 3) - Summarised at Paragraph 9.
• Briefing note regarding HMIC Thematic Inspection (Appendix 4).

F. Contact details

Report author: Commander Sue Akers, Directorate of Professional Standards, MPS.

For more information contact:

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

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