Police reform programme

Report: 5
Date: 14 September 2001
By: Clerk

Summary

This paper provides an overview of the police reform programme particularly in relation to human resource issues. It aims to stimulate debate on the reform programme in so far as its affects human resource issues and to provide a starting point for the discussions of the HR Committee working group. The timetable for legislation is ‘very tight’ and the government intends to publish a White Paper early in October 2001. The Authority will therefore need to organise quickly and effectively to influence the debate on police reform.

A. Recommendation - That

1. Members note the developments to date on the police reform programme in particular the implications for human resource issues; and
2. Members forming the working group on the police reform programme consider what regulations need to be amended, changed or abolished to create a modern and flexible professional employment framework for the police service.

B. Supporting information

Background

1. The Home Secretary has indicated that he intends to put legislation before parliament early in the new-year to reform the police service so that ‘a more effective policing service is delivered to a consistent set of standards’.

2. The legislation will take forward some of the proposals that are being developed by the police reform programme. This is a tripartite group involving the Home Office, Association of Police Authorities (APA) and Association of Chief Police Officers (ACPO) and other staff associations, which initially met in December 2000. It is directed by the Police Reform Steering Forum, chaired by John Denham, Home Office Minister of State. Deputy Commissioner Ian Blair is a member of the steering forum, which last met on 24 August 2001.

A report on the reform programme was produced for a recent Full Authority meeting:

• Police Performance Programme - Full Authority meeting 26 July 2001, item 12.

4. Its purpose was to inform and update members on developments and to initiate mechanisms in the Authority for influencing the parliamentary debate on the reform programme. For this reason the HR Committee has formed a working group to consider human resource aspects of the reform programme.

5. Three other committee reports are relevant for consideration by the working group:

• Police ill health retirement - Human Resources Committee 21 December 2000, item 4;
• Thirty years plus: retaining officers - Full Authority meeting 26 July 2001, item 13
• Thirty years plus: retaining officers - Human Resources Committee 6 September 2001, item 7

6. It should be noted that the timetable for legislation is ‘very tight’ and the Authority will need to organise quickly and effectively to influence the debate. The government intends to publish a White Paper on police reform in October 2001. It should, however, be noted that the APA has already put in place mechanisms for police authority members to contribute to and influence the debate on police reform.

7. There are four aspects to the police reform programme:

• engaging criminality;
• leadership development and efficiency;
• reassurance;
• science and technology.

8. The first three aspects have important human resource implications. These are summarised below.

Engaging criminality

9. The central proposal is for more focused training on investigative skills and increased use of specialist investigators who need not necessarily have police powers. A recent HMIC report has raised concerns about the capacity and resilience of the MPS to continue to investigate serious crime. The implications for HR policies of this aspect of the reform programme are clear:

• increased training on investigative skills and use of specialised investigators;
• includes proposals for career investigators which would require a major rethink of HR strategies for most forces;
• proposals for enhanced pay for investigators have implications for other areas of work and the integrity of each police force as a ‘single unit’ (e.g. for remuneration purposes).
• the use of non-police personnel for investigative purposes.

Leadership development and efficiency

10. This aspect directly impacts on human resource issues. There are two ‘sub strands’ i.e. leadership development and efficiency. The leadership development ‘sub strand’ encompasses the following:

• the key assumption behind the leadership development process is the need and willingness to invest more in the development of all police and support staff, along with targeting additional training and investment in those with potential for key leadership roles.
• the introduction of the Senior Appointments Panel (SAP) with a remit to introduce greater coherence and transparency into the process of making ACPO rank appointments. It is explicitly stated that this will not diminish the autonomy of police authorities, but should contribute to sensible succession planning nationally.
• introducing performance development reviews for chief officers, in which there will be a role for police authorities. This is being pursued through the APA. The procedure would see chief constables taking the lead for assistant chief constables and deputy chief constables with some input from the police authority (equivalent MPS ranks are commander and deputy assistant commissioner). HMIs would take the lead for the chief constable in partnership with the police authority (equivalent MPS rank: Assistant Commissioner). ACPO have indicated they are not prepared to accept this proposal and the APA position is that it sees no reason to change the proposal.

11. The efficiency strand was commissioned and introduced at last meeting of the steering forum on 24 August 2001. The objective is not fully defined at this stage but the aspiration is that it will encompass the human resource issues of the reform programme e.g. HR systems and structures, conditions of service, occupational health etc.

12. A review of police regulations has been initiated under this ‘sub strand’. This will scrutinise regulations to ascertain those that might present barriers to the implementation of the police reform programme. A report to the steering forum is expected by late September.

13. Members may also wish to note that within the forum of the Police Negotiating Board (PNB), Committee C is also reviewing police regulations. In response to the 12% productivity claim the employers group has commissioned the review to ascertain which regulations are barriers to productivity. A report is expected by late September. The findings of this review will evidently feed into the scrutiny initiated under the police reform programme.

Reassurance

14. This is essentially about a range of initiatives that would go towards restoring public confidence in safety on the streets and in public places. It encompasses the use of neighbourhood wardens, volunteers and special constables and in the case of the MPS, traffic wardens enforcing additional traffic violations.

15. Under this aspect, the Home Office’s ‘making it happen’ proposals are being considered. These are proposals to give the Home Secretary powers to direct the police service to comply with, for example, standards and targets.

16. Members may wish to note that in August an interim head of the Police Standards Unit was appointed. The setting up of the Standards Unit falls outside the remit of the steering group and the police reform programme. However, this initiative by the Home Secretary will have some impact upon the police reform programme.

The APA

17. The APA has the lead role, on behalf of all police authorities, for submitting responses to any consultation that might be initiated by the government as the legislation progresses through parliament. It will also be lobbying parliament, on behalf of members, to influence the debate on the police reform legislation.

18. For this reason the APA has produced a policy framework document on HR issues (Appendix 1). It sets out a vision for human resource policies in the police service and a policy framework within which to work for influencing the debate on the reform programme. The stated aim of the policy framework is:

“..to modernise the HR environment for the police service so that HR policies can deliver of the aspirations of the reform programme”

19. The principles or strategic aims of the policy framework are:

• to achieve a professional police service that encompasses professional standards, performance improvement, supportive occupational health programmes and appropriate remuneration structures;
• to invest in excellence through high quality training, promoting excellence in service delivery;
• the modernisation of working practices creating a modern flexible management framework that can deliver excellence in service delivery;
• to provide an attractive career option for people from every section of society; and,
• to create diverse career options that allow specialisation with appropriate remuneration structures where managers can actively match individual strengths and choices with organisational requirements and aims.

20. The APA has also produced a confidential report (Appendix 2, an exempt paper provided to Members only) indicating how the various aspects of the reform programme might affect human resource policies. As this is a confidential APA report, this appendix is an exempt item and should only be discussed in closed session.

21. For example, this report raises the issue of the effect that developing an investigative specialism - under the engaging criminality aspect of the reform programme- might have on pay structures and career paths and how civilian investigators would fit into existing arrangements. Another example is the effect that raising the status of beat officers and creating community beat managers to co-ordinate the contribution of the extended ‘police family’ to local community safety - an aspiration of the reassurance aspect of the reform programme- might have on pay structures and career paths. The main point is that most aspects of the reform programme impinge upon current human resource policies and practices in the police service.

22. Implicit in both APA reports is the need to review and reform the highly regulated employment framework within which the police service operates. The reports imply that the current rigid framework will have to be replaced with a modern and flexible employment framework to enable the service to deliver on the aspirations of the reform programme.

What can the MPA do?

23. The HR committee working group on police reform has been set up to feed any issues or concerns into the debate.

24. The MPA has responsibilities for the largest UK police service in what is arguably the most dynamic and diverse environment in the country. Together with the MPS, the MPA is democratically accountable for the police service that is delivered.

25. However, over the last decade there have been fundamental social, economic, and political changes that have had the effect of placing increased demands on police resources. These changes impact more acutely in London than elsewhere in the country. The globalisation of trade and the creation of supra national entities (e.g. the EU) has markedly reduced the restrictions on the movement of people, capital and information across national boundaries. This has fostered a massive growth in sophisticated internationally organised crime (e.g. drugs trafficking, international paedophile rings). At the same time, in the local environment there has been an increase in social exclusion, social fragmentation and disaffection (e.g. anti capitalist protests).

26. Both these developments are stretching police resources and signs are already emerging of public dissatisfaction with the levels of crime prevention and detection achieved by the Service and the reassurance and public security provided. This has partly encouraged the growth of private security, municipal wardens, etc.

27. An objective of the reform programme is the modernisation of the police service to meet the service delivery demands now placed upon it. The debate on reform is about what service is to be delivered and how it is to be delivered. As indicated in the APA reports, it is also about what ‘type’ of police officer is needed in a modernised police service.

28. Therefore, an implicit theme of the APA policy documents is the need to reform the highly regulated police employment framework and to replace it with a modern and flexible professional employment framework. The current over regulated and rigid framework (most of which has been in place since the 1920s) could hinder the implementation of the proposals of the reform programme.

29. The reform programme presents an opportunity to encourage and initiate the creation of a professional police service that is characterised by empowerment, innovation and service delivery to the highest professional standards. Such an opportunity has not arisen since the Sheehy Inquiry in 1993, which ultimately did not succeed in deregulating the police employment framework. The debate on the reform programme is in contrast to the usually highly politicised debate about police service delivery that focuses, to the exclusion of all other issues, on police numbers and remuneration.

30. The starting point therefore for the HR working group on the reform programme should be to consider the regulations that needs to be amended or abolished to pave the way for the development of a professional service. A further consideration is what ‘core’ regulations might need to be retained (reflecting the special role of police officers) and which other regulations can be replaced by a flexible ‘contract of service and conditions’.

31. A note on some of these regulations is contained in Appendix 3.

C. Financial implications

There are no immediate financial implications for the MPA.

D. Background papers

See main text.

E. Contact details

The author of this report is Graham Spencer, MPA.

For information contact:

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

Appendix 3: Police regulations

Examples of restrictive regulations relating to conditions of service

Regulation of working time

Reg. 7 (4)

Stipulates that all ranks above Sergeant (Inspector and above) must job-share.

Reg. 7 Sch. 1 (4b)

Limits the minimum hours per week as being “16 times” the relevant period. The relevant period is defined under Reg. 27 (2 & 3) as one not exceeding 12 months. This results in a minimum number of hours duty per year as 832 (average of 16 hours per week).

Reg. 24

Defines a “normal daily period of duty” as 8 hours. Anything over 8 hours is variable shift.

Reg. 28 - overtime (normal working day)

Problem arises relating to overtime compensation for a recall to duty with less than eight hours notice has arisen. This involves the situation when an officer works into the next day and more than eight hours are worked before the start of the defined day. The question relates to overtime compensation for this period of duty and the counting for the normal tour of duty for the second day. A further problem also arises when officers perform duty for long periods, possibly over a forty-eight hour period or longer.

Reg. 29 - public holiday and rest day working

Clearer guidelines required when officers work from a normal working day into a rest day or public holiday or vice versa.

Regulations mitigating against flexible working and work life balance

Reg. 26 (1)

Allows officers below the rank of Inspector and not working part-time to perform variable shifts.

Reg. 28

Stipulates that overtime on a normal working day will only be paid for hours worked in excess of 8 per day and 40 in the same relevant (overtime) week. This means that part-time officers are not eligible for overtime payments until they meet this criterion.

Part time working - the Police Regulations 1995 as amended by Schedule 1

Two different rates of compensation apply for officers working part time hours for duty performed on free days. Compensation issues need clarification, particularly when free days are cancelled with more than fifteen days notice, and a free day in lieu is given.

Reg. 10 Business Interest

Restricts business activates of police officer and family members. May be contrary to Human Rights Act (right to private life).

Regulated and restrictive remuneration arrangements

Reg. 55 - refreshments subsistence and lodging allowances

Complex and difficult to administer arrangements with difficult to interpret and operate in a practical way. The difficulties are the definition in regulations and issue arise over interpretation and application. Should be abolished in favour of a professional reward package?

Reg. 49 (Police 1987 Regulations) and Reg. 49(B) (Police (Amendment) Regulations 1990.

These complex regulations relate rent allowance and housing allowance. Should these be abolished in favour of a professional reward package?

Performance Monitoring

Police (Efficiency) Regulations 1999

It is reported that these are rarely invoked successfully to deal with under performance because of their complexity. Can these be replaced with deregulated procedure similar to ‘capability’ procedures for most other employees?

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