Minutes

Minutes of the meeting of the Human Resources Committee held at Romney House, Marsham Street, SW1 on 21 May 2002.

Present:

Members:

Rachel Whittaker (Chair)
Cecile Wright (Deputy Chair)
Anthony Arbour
Cindy Butts
Nicholas Long
Abdal Ullah

MPA staff:

Catherine Crawford (Clerk)
Ken Hunt (Deputy Treasurer)
Alan Johnson (Head of Human Resources)

MPS staff:

Richard Bryan (Commander)
Mark Gore (Superintendent, Police Reform Programme)
Chris Haselden (Head of HR Strategic Management)
Martin Tiplady (Director, HR)
Ian Wardrop (Head of Pay and Pensions Policy)

Also present: Matthew Lohn and Belinda Benney, Fish Fisher Waterhouse (Solicitors) and 1 member of the press/public and other MPA/MPS staff were present.

Part 1

119. Apologies for absence

(Agenda item 1)

Apologies were received from Graham Tope.

120. Terms and conditions for Police Community Support Officers

(Agenda item 2)

The Committee agreed to receive a report seeking endorsement for proposed terms and conditions for Police Community Support Officers (PCSOs). This report was considered urgent because advertising for this role would commence on 23 May.

Members saw the advertising material to be used, and heard a proposed radio advertisement. It was felt the latter required more impact. Members were shown parts of the proposed uniform. Members felt that the uniform should include the officer’s name, as well as shoulder number. Both should be visible on the left breast.

Interviewing of PCSOs would take place at Hendon. Selected candidates would undergo two weeks of classroom-based training in central London, followed by a further week on borough, and a day of training every six weeks. Stakeholders, including MPA Members, would be invited to consider the content of the training programme.

It was noted that funding for these posts had only been promised for three years, and that this was being made clear to applicants. However, it was hoped funding would become permanent.

Resolved - That

1. the proposed terms and conditions for PCSOs be endorsed;
2. that the proposed uniform include a name label; and
3. Members be kept appraised of the development of the role.

121. Exclusion of press and public

(Agenda item 3)

Resolved - That the press and public be asked to leave the meeting during discussion of the remaining items of business because exempt information as defined in paragraph 1 of Schedule 12A to the Local Government Act 1972 was likely to be made known.

Part 2

122. Forfeiture of pension

(agenda item 4)

At its last meeting, Members deferred making a decision in a number of cases relating to the forfeiture of pension of former police officers, pending a report considering ways of dealing with pension forfeitures in future. Members received a report, and were joined in their discussions by two solicitors Matthew Lohn and Belinda Benney, Field Fisher Waterhouse (Solicitors) who would provide a legal opinion.

As the police authority for the largest police service in the country, the MPA had to deal with the largest number of forfeiture cases. To gain some idea of the numbers involved it was agreed that the MPS would provide the MPA list of all officers found guilty of recordable offences.

The solicitors informed Members of the legal implications of forfeiture decisions in terms of human rights and fair process under English law. Their professional opinion could be summarised as follows:

• Provision by the MPS of a request for consideration of forfeiture of pension immediately the police officer has been convicted for a recordable offence seemed an appropriate approach, the necessary documentation could be prepared during the trial process. There seemed no reason the Committee could not consider forfeiture even if the criminal case is being appealed.
• Provision by the MPS of a level of forfeiture that the MPS felt was appropriate could inform the Members’ decision making process.
• The MPA should provide the former police officer whose case is being considered for forfeiture with full disclosure of the papers relating to his or her case in order that he or she has the opportunity to provide informed mitigation to the Committee at each stage of the process appeared fair and equitable.
• Provision of legal advice when the Committee is considering forfeiture cases was a matter for the Committee on a case-by-case basis.
• Exclusion of MPS representatives when forfeiture cases are being considered unless the former officer and his or her representative were also present would ensure an independent decision making process.
• Inviting the former officer – even if he or she were still in prison - or his or her representative to provide mitigation in person to the Committee should be considered good practice.
• Providing a financial value and percentage value in each case would assist members to understand the financial implications of their decision. The financial value could be based upon current pension value and the former police officer reaching 78 years of age, i.e. the average life expectancy of a police pensioner.
• That Members should explicitly consider forfeiture, permanently or temporarily, of between 0-75% in each individual’s case.
• That sufficiently close comparators could be used to assess an appropriate level of forfeiture, but these should inform Members’ decision making process and not be tariff.
• That the Directorate of Professional Standards and the Directorate of Legal Services should, in appropriate cases, bring to the attention of the court when sentencing police officers the possible loss of pension and impact upon future employment.
• The impact of the financial settlement of a divorce when a pension is involved would require due consideration.

Martin Tiplady agreed to raise these issues with Deputy Assistant Commissioner Andrew Hayman and to seek a legal opinion from David Hamilton. At a later date, it would be useful to discuss the issues with Matthew Lohn, MPA and MPS officers.

A further report was requested, detailing a process for the consideration of forfeiture. Concern was expressed about forfeiture decisions already made. Members were advised that it was appropriate for the MPA to review its procedures, and that there was an appeal process for such cases.

Resolved - That

1. the MPS would provide a list of all officers charged with recordable offences in the last 12 months and for any future occasions;
2. the former officers whose cases were to be considered should be advised that the Committee were in the process of reviewing their approach and decisions had therefore been deferred;
3. a further report be produced at the earliest opportunity outlining a process for the consideration of forfeiture; and
4. consideration be given to establishing a panel of ‘trained’ Members who could consider cases as necessary.

123. Police regulations

(agenda item 5)

Members received a report recommending the permanent forfeiture of part of a former police officer’s pension.

Resolved - That this forfeiture be considered at a later date (see item 4)

124. Police regulations

(agenda item 6)

Members received a report recommending the permanent forfeiture of part of a former police officer’s pension.

Resolved - That this forfeiture be considered at a later date (see item 4)

125. Police regulations

(agenda item 7)

Members received a report recommending the permanent forfeiture of part of a former police officer’s pension.

Resolved - That this forfeiture be considered at a later date (see item 4)

Meeting closed at 12: 15 p.m.

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