Casework committee

Report: 11
Date: 11 September 2003
By: Clerk

Summary

This report suggests a ‘merger’ of the ACPO Conduct Sub-Committee and the Police Pensions Forfeiture Sub-Committee to form a new ‘Casework Committee’.

A. Recommendations

That the Professional Standards and Complaints and Human Resources Committees

1. 1. indicate whether they favour the creation of a Casework Committee (option 1 below), the status quo but with a fixed membership (option 2) or the continuance of the present arrangements, with a change to the Clerk’s delegated powers (option 3)
   (If the committee favours option 2 it would be helpful to have a decision on who should serve on the sub-committee and give the Clerk delegated authority to make those appointments in the event of this option being the one the full Authority agrees).

That the full Authority

1. considers the views of the two committees and decides which of the options to adopt.
2. agrees, if it decides to establish a Casework Committee, that the Chairship should not attract a special responsibility allowance (see comment in financial implications section).

B. Supporting information

1. The Authority has several responsibilities in relation to the conduct of police officers which are quasi judicial. These are discharged through sub-committees of the Professional Standards and Complaints Committee (PSC) and the Human Resources Committee (HR) as follows:

• The ACPO Conduct Sub-Committee deals with allegations about the conduct of ACPO rank officers
• The Police Pensions Forfeiture Sub-Committee is responsible, following certification by the Home Secretary, for determining whether (and by what proportion) a police officer’s pension should be forfeited following conviction for an offence committed in connection with their police service
• Appeals against refusal by the Commissioner to permit a serving officer to pursue a business interest. These are dealt with ad hoc by calling on members of the HR Committee

2. The current arrangements are not completely satisfactory. Neither have a permanent membership. The ACPO sub-committee comprises any five members of the PSC Committee appointed by the Clerk under delegated authority. The pension forfeiture sub-committee comprises any three members of the HR Committee appointed by the Clerk. Whilst there are some benefits in having a flexible membership, there can also be problems of consistency in dealing with individual cases that are considered at more than one meeting. A permanent membership would have the opportunity to develop both expertise and a knowledge base about how similar cases have been dealt with in the past.

Option 1

3. Although the two sub-committees deal with different subjects, it may be considered that there is sufficient similarity in the quasi-judicial nature of their functions and processes to make a merger into one committee a sensible option. The ACPO Sub-Committee has a regular monthly meeting schedule, whereas at present Pensions Appeals meetings are arranged as necessary. Merging the two would make scheduling of meetings more straightforward, and may well have the effect of reducing the number of meetings for member to attend. If members are minded to accept this proposal, the following basis is recommended:

• That the committee is established as a committee of the Authority (rather than a sub-committee of another committee), with the terms of reference attached as an appendix 1 to this report. As a consequence, those specific terms of reference would be removed from the PSC and HR Committees
• That it has a fixed membership of six drawn from the membership of the PSC and HR Committees, which should include the Chairs of the two Committees
• That in the event of one of those members being unable to hear a particular case (for instance because of a conflict of interest) the Clerk be given delegated authority to select another member for that meeting, initially from amongst the membership of the PSC and HR Committees, or failing that from the membership of the Authority as a whole.
• That monthly meetings of the committee be arranged (which will be cancelled if there is no business)

Option 2

4. If members wish to continue with separate sub-committees it is recommended nevertheless that these sub-committees are established with a fixed membership of five members each, drawn from the membership of their respective parent committees. It is also recommended that, in the event of one of those members being unable to hear a particular case, the Clerk be given delegated authority to select another member for that meeting, initially from amongst the membership of the parent committee, or failing that from the membership of the Authority as a whole.

Option 3

5. Even if it is decided to continue with the present arrangements, the delegation to the Clerk set out in para 4 above is recommended.

C. Equality and diversity implications

There are no specific implications in the establishment of a Casework Committee.

It is proposed that as the Chair of a Casework Committee would not have a significantly greater responsibility than the other members of the committee, this position should not attract a Special Responsibility Allowance.

D. Financial implications

No specific implications.

E. Background papers

• Current committee terms of reference

F. Contact details

Report author: Simon Vile, MPA.

For more information contact:

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

Appendix 1

Terms of Reference of the Casework Committee

Police Pensions Forfeiture

1. To determine whether forfeiture of a police officer’s pension should be considered because he or she has been convicted of an offence committed in connection with his/her service as a member of the police force which the Home Secretary may certify as either having been gravely injurious to the interests of the State or liable to lead to serious loss of confidence in the public service.In the event of the Home Secretary issuing a certificate of forfeiture, to determine the proportion, if any, of the pension which may be forfeited permanently or temporarily.

ACPO Conduct

2. To investigate and deal with any allegations, report and complaints about the conduct of officers of ACPO rank in accordance with appropriate regulations.

3. To consider all matters relating to discipline against ACPO rank officers, within police regulations.

Business Appeals

4. To deal with appeals by officers of the MPS against refusals by the Commissioner of permission for them to pursue business interests.

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