HR implications for the MPS of the introduction of the Independent Police Complaints Commission (IPCC)

Report: 10
Date: 4 March 2004
By: Commissioner

Summary

This report outlines the implications for the Metropolitan Police Service of the Independent Police Complaints Commission (IPCC), which becomes operational on 1 April 2004 and replaces the Police Complaints Authority (PCA). On this date, the new Police Regulations will also become effective. These govern the way in which complaints against the police service are handled.

A. Recommendation

That members note this report.

B. Supporting information

Background

1. Guidance from the IPCC on the detailed operation of the new system will not be available until after this paper has been circulated, therefore, an update will be provided at the HRC meeting on 4 March 2004, when this paper is discussed and the guidance is available.

2. The legal background for the implementation of this new independent body arises from the Police Reform Act 2002 (PRA). The overarching principle for the IPCC is their independence in relation to complaint investigation in order to increase public confidence through greater accessibility and openness.

3. Main issues for the MPS are:

• The IPCC will have responsibility for the whole complaints system under its guardianship role. All police staff, of all ranks, will be subject to the complaint procedure. This will include police officers, police staff and contracted staff performing functions such as escort and detention duties.
• There will be a wider interpretation of a complainant to include those adversely affected or witnesses to an incident.
• Informal Resolution, currently for police officers only will be replaced with a new process titled 'Local Resolution'. Included in the process will be the option for mediation and restorative intervention. The IPCC are keen to increase the use of local resolution and want the police service to be innovative in its use. Complainants will have the right to appeal to the IPCC if the Local Resolution Procedure is not correctly applied.
• Maximum and regular disclosure to complainants and interested parties is a key feature. It will be the responsibility of police in the majority of cases to inform complainants of the outcome of investigations as opposed to the PCA in the current system.
• The IPCC will have the capacity to independently investigate. IPCC investigators will have powers of a constable whilst investigating which includes power of arrest, access to police premises and police documentation.
• There will be an appeals process whereby complainants can appeal against an outcome of investigation, the decision not to record a complaint and the proposed sanction.
• All civil actions will be reviewed by police to ascertain whether they relate to conduct matters, which need to be recorded.
• The MPA will be required to maintain a list of lay assessors to replace one of the police assessors on some misconduct panels for police officers arising from a public complaint.
• The IPCC can designate that a misconduct hearing for a police officer should be heard in public. In addition, there will be wider provisions for public access to such hearings.

4. The Directorate of Professional Standards in conjunction with the Human Resources Directorate has instigated an implementation programme to be ready for the change to the IPCC. This has included MPS responses to a number of Home Office Thematic papers in relation to the functions of the IPCC. Commander Hagon (Deputy Director of Professional Standards (DPS)) is the Chair of a Steering Group, which includes senior representatives of MPS stakeholders (including staff associations, trade unions and the Independent Advisory Group (IAG).

5. Members of a working group have been identified to progress the implementation programme. A series of workshops have been arranged to identify and map the key process changes.

6. At a national level an ACPO Project Board is currently co-ordinating the design of training packages, national forms and an IT upgrade to meet the requirements of the new regulations. These will be introduced to the MPS through the working group.

7. We currently await the ratification of the regulations, the IPCC operating protocols and the Home Office implementation manual. These will not be available until late February/March 2004.

8. Specific HR issues that are being addressed in the meantime include:

• Meeting IPCC data requirements
  A database programme (CDS Centurion) is the nationally agreed software programme to support the IPCC data requirements. Work is being done between Human Resources (HR) Directorate and Directorate of Professional Standards (DPS) to decide how the system should be developed for optimum effectiveness.
• The implications for Special Constables
  New provisions will be included in the Police Regulations (2004) to extend police misconduct sanctions to special constables, except for fines. Special constables will therefore be treated as police officers.
• Dealing with joint Police Staff and Police Officer complaints
  Complaints made against police officers are investigated by DPS whilst those against police staff are currently investigated locally in line with internal discipline investigations. Where there is a complaint about both police staff and police officers acting together as there are two different processes there is the potential for differing sanctions if the complaint is proved. This issue has been raised with the IPCC who are looking at this point in greater depth, although clearly, the employment status of the two groups differs.
• Timetable for the HR elements
  The HR Directorate is working with DPS to ensure that the MPS is ready for the implementation of the IPCC on 1 April 2004. Work is in hand in respect of installing the CDS Centurion database onto the MPS Aware IT platform, which is unlikely to be ready for 1 April. The Steering Group are exploring interim recording arrangements until Centurion goes live. DPS will continue to use their existing computerised system. The HR Directorate may also use the same system. Both Departments will aim to replicate as far as possible the functionality, which will be in the Centurion system. The Director of Information is providing technical support and advice on these issues. Detailed guidance to which the MPS has been contributing should be available from the IPCC in that latter part of February.
• Other activities
  A professional needs analysis is being carried out at present to determine the developmental support that will be needed. An awareness programme has already commenced for key staff in the MPS such as local HR managers and borough/OCU commanders etc. The HR Directorate is currently looking to ensure that it is suitably resourced and has the IT capability to bring in the new system. The staffing requirements for immediate and medium term are also being considered together with the appropriate infrastructure (including communication and personal development) to support the new system.
• Scale
  • a. Police Staff
    Because police staff complaints are dealt with at local level the only central records held are those complaints, which result in gross misconduct discipline. Data is currently being gathered manually to assess the number of complaints resolved locally and result in minor discipline procedures. However, it is fair to conclude that with the extension of the police family, the advent of C3i and the three centralised call centres etc., it is inevitable that the MPS needs to be ready to deal with significant volumes of police staff complaints under the IPCC system.
  • b. Police Officers
    It is anticipated that a greater confidence in the complaints system will generate an increase in complaints. At this stage, we cannot judge the increase, although the Police Service of Northern Ireland experienced a 40% increase in initial volume.

C. Equality and diversity implications

1. It is the intention of the introduction of the IPCC to improve public confidence in the police complaints process, particularly those members from under represented groups. The other anticipated benefits are greater transparency in the investigation of complaints and the strengthening of the independent element in the complaints procedure. It is anticipated that more regular contact and information sharing with complainants will assist public assurance.

2. The widening of the interpretation of a complainant and the anticipated re-definition of a complaint and conduct matter will give people a greater opportunity to voice their concerns about policing issues. The IPCC intend to publicise and market the new complaints procedure using literature in languages other than just English.

3. There will be greater accessibility to record a complaint through the provision of gateway organisations, Internet access and direct to the IPCC, this will assist vulnerable groups particularly disabled members of the public who previously have not easily accessed the Complaints procedure.

4. Under the Public Interest Disclosure Act 2000, there will be provision for police officers fearful of victimisation to report direct to the IPCC any allegations of wrongdoing. This should assist officers/staff from under represented groups who may suffer discrimination or unfair treatment as an alternative to internal reporting of such matters.

5. All staff will be made aware of the new procedure; this will be particularly prevalent for police staff who for the first time could be potentially investigated by an external body, the Commission. The Trade Union Side (TUS) and Staff Associations are being kept informed of the implications for their members, so that they can provide support and reassurance as appropriate. It has to be recognised that from an equality perspective, the new procedures will give more parity to the treatment of staff and officers.

6. Directorate of Professional Standards will continue to monitor diversity information, including ethnicity and gender of both complainants and subjects (e.g. officers/staff), for the purposes of the Race Relations Act Amendment (RRAA).

D. Financial implications

1. The new right of appeal for complainants, the increased administrative demand for keeping complainants informed of progress, the procurement of IT solutions that are being developed and the additional burden of investigating of complaints against all staff under the direction of the Commissioner will place an increased demand on MPS resources.

2. The key area in which extra resources for HR are required is initially in the management of the CDS Centurion database to facilitate the provision of management information. The local structure to inform this has also to be finalised in conjunction with DPS. There are plans to develop the management structure for Police Staff Discipline to recognise the more complex role it will have under the IPCC.

3. At the moment, due to the lack of specific detail regarding the protocols and procedures it has not been possible to estimate the additional costs to the Service. This will be dealt with in more detail in a second paper to be published in March 2004 by DPS in consultation with the HR Directorate once sufficient details are available to carry out a scoping exercise.

E. Background papers

None.

F. Contact details

Report author: Paul Madge, A/Director of HR Services (in conjunction with DPS), MPS.

For more information contact:

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

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