Minutes

Minutes of the Professional Standards & Complaints Committee of the Metropolitan Police Authority held on 28 April 2003 at 10 Dean Farrar Street, London, SW1H 0NY.

Present

Members:

• Reshard Auladin (Chair)
• Elizabeth Howlett (Deputy Chair)
• Graham Tope
• Cecile Wright
• Rachel Whittaker.

MPA Officers:

• Catherine Crawford (Clerk to the Authority)
• Alan Johnson (Head of Human Resources and Professional Standards)
• Nick Baker (Committee Services)

MPS Officers:

• Ian Blair (Deputy Commissioner)
• Barbara Wilding (Deputy Assistant Commissioner – Director of Professional Standards)
• Philip Hagon (Commander, Directorate of Professional Standards)
• Commander Robert Broadhurst
• Detective Chief Superintendent Ian Southcott

Part 1

30. Apologies

(Agenda item 1)

Apologies for absence were received from Richard Sumray.

31. Declarations of interests from members of the committee

(Agenda item 2)

No declarations of interests were given by members.

32. Minutes of meeting held on 17 October 2002

(Agenda item 3)

The Committee received the minutes of the meeting held on 19 December 2002.

Resolved – That the minutes of the Professional Standards and Complaints Committee meeting held on 19 December 2002 agreed and signed as a correct record.

33. ACPO Conduct Sub-committee minutes (Part 1)

(Agenda item 4)

The Committee received that minutes (Part 1) of meetings of the ACPO Conduct Sub-Committee meetings held on 14 October 2002, 8 November 2002, 11 December 2002, 27 February 2003, 7 March 2003 (including the notes of the inquroate meeting held on 20 February 2003) and 20 March 2003.

Resolved – That the minutes of the Sub-Committee be noted.

34. Complaints management information

(Agenda item 5)

The Committee received a report that outlined details of complaints management information for the period September 2002 to February 2003.

The report reminded members of the new initiative to reduce by 20% the number of internal investigations and public complaints over 120 days old by the end of March 2003. It was reported that the initiative achieved its aims and that the Directorate of Professional Standards achieved a further 32% reduction in the number of public complaints and 29% reduction in the number of internal investigations over 120 days.

Members sought clarification on why there was an increase in the average time to misconduct hearings and it was explained that these figures were affected by delays in the processing of hearings, often caused by legal implications. The MPS were striving to improve this delay and note member’s suggestion for boards to be established earlier in the process.

Confirmation was given that diversity issues would be presented to the Equal Opportunities and Diversity Board, which had a standard item on its agenda for this purpose.

Members requested further details on the status of the development of sentencing guidelines. It was agreed that as part of the current consultation process on the guidelines, members be provided with copies of the draft guidelines for comment, prior to the final submission of a report to a future meeting of the Committee.

Resolved – That

1. the report be noted.
2. members be provided with the draft sentencing guidelines for comment; and
3. the Committee receive a report on sentencing guidelines to a future meeting of the Committee

35. MPS Professional Standards Strategy

(Agenda item 6)

Following the launch of MPS Professional Standards Strategy in August 2002, the Committee received a report and presentation that updated progress on Strand 1, namely ‘leadership, supervision and standards adherence’.

It was noted that as part of the monitoring process of the strategy the Committee would receive quarterly update report.

Resolved – That the Committee notes the content of the report describing the progress on strand 1 of the MPS Professional Standards Strategy – leadership, supervision and standards adherence.

36. The risk management of civil action litigation

(Agenda item 7)

The Committee received a report that set out an improved risk management system that the MPS had established following the loss of a recent case.

The report informed members that the system was to be used as an additional safeguard in such cases. Arising from discussion, it was agreed that the Clerk should discuss with the MPS how the MPA can be involved earlier in the process.

Resolved – That the Committee notes the new Command Risk Management System which now operates.

37. Oversight of police complaints and discipline

(Agenda item 8)

The Committee received a presentation on the process for oversight of police complaints and discipline.

It was proposed that members at each meeting of the Committee have an item placed on the agenda whereby they could select from a provided list an appropriate number of cases to consider prior to the following meeting. Members were also presented with a memorandum of understanding.

Members agreed to receive the memorandum of understanding, in principle, and reserved the right to review this at a later stage. It was also agreed that in the first instance, the Clerk would select between 7 to 12 cases from the provided list and that these would be made available at the MPA offices at least a week before the next meeting of the Committee. A request was made that future lists of cases be provided grouped by allegations and where possible, geographical areas. Members also requested that the Committee receive twice a year a report on current trends in police complaints and discipline.

Resolved - That

1. the report be noted;
2. the memorandum of understanding be agreed in principle;
3. an item be placed on the agenda of each meeting of the committee in order to allow members to select cases for consideration by allegation and/or geography area;
4. in the first instance the Clerk select 7-12 cases for members consideration prior to the next meeting of the Committee; and
5. the Committee receive a twice yearly report on current trends in police complaints and discipline.

38. Membership of ACPO Conduct Sub-committee

(Agenda item 9)

The Committee were invited to amend the terms of reference of the ACPO Conduct Sub-Committee and to revisits its membership.

Resolved - That

1. the Committee amend the terms of reference of the ACPO Conduct Sub-Committee as follows:
   1. To investigate and deal with any allegations, report and complaints about the conduct of officers of ACPO rank in accordance with appropriate regulations.
   2. To consider all matters relating to discipline against ACPO rank officers, within police regulations.
2. the membership of the sub-committee comprise any five members of the Professional Standards and Complaints Committee appointed by the Clerk under delegated authority (i.e. the membership may differ from meeting to meeting and a minimum of three members must be present for the meeting to be quorate).

39. Police regulations – complaints, allegations and reports

(Agenda item 10)

Members received a report that sought views on how the Authority should interpret the statutory definition of a complaint and who constitutes a member of the public, with regard to the Authority’s statutory obligation to consider allegations of misconduct by ACPO rank officers.

Following discussion members agreed that the following definitions would constitute a complaint from a member of the public:

• A relative or friend of a serving police officer in respect of a matter not connected with that officer and involving the relative or friend.
• A former officer in respect of a matter connected with an incident or events at the time the officer was not in service.

It was agreed that further consideration should be given to the following definition:

• A member of the public who complaints about a matter in which they are not personally involved.

Resolved – That

1. the definitions of a complaint and who constitutes a member of the public, with regard to the Authority’s statutory obligation to consider allegations of misconduct by ACPO rank officers be noted; and
2. further consideration be given the to reminding definition.

40. Exclusion of press and public

(Agenda item 11)

A resolution was put to exclude the press and public from the meeting during items 12, 13 and 14 as it was likely to disclose exempt information as described in Schedule 12(a) (1) of the Local Government Act 1972 (as amended).

Resolved – That the press and public be excluded from the meeting during discussion of agenda items 12, 13 and 14.

Part 2

41. Service confidence standard operating procedure

(Agenda item 12)

The Committee received a report that provided the background, rationale, current statistical information and implementation arrangements of the Service Confidence procedure which was implemented in August 2000.

Resolved - That the Committee note report.

42. Quarterly summary of exceptional and significant case results

(Agenda item 13)

Members received a quarterly report of exceptional and significant case results and outcomes of civil trials, employment tribunals, misconduct cases, settlements and selected inquests concluded in the period December 2002 –March 2003.

Resolved – That the Committee note the contents of the report and details outlined in the appendix to the report.

43. ACPO Conduct Sub-committee minutes (PART 2)

(Agenda item 14)

The Committee received the minutes (Part 2) of the ACPO Conduct Sub-Committee meetings held on: 14 October 2002, 8 November 2002, 11 December 2002, 27 February 2003, 7 March 2003 (including the notes of the inquroate meeting held on 20 February 2003) and 20 March 2003

Resolved – That the minutes of the Sub-Committee be noted.

The Committee ended at 12.30 p.m.

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