PCA guidelines on investigating allegations of racially discriminatory behaviour

Report: 6
Date: 10 November 2003
By: Commissioner

Summary

The Directorate of Professional Standards has conducted an assessment of the publication by the Police Complaints Authority on guidelines on investigating allegations of racially discriminatory behaviour and its potential for use in professional standards investigations.

A. Recommendation

That the Committee support the Directorate of Professional Standards when the pilot scheme based on the recommendations in the PCA guidelines is run.

B. Supporting information

1. In August 2003 the Police Complaints Authority (PCA) published ‘PCA guidelines on investigating allegations of racially discriminatory behaviour.’ The intention was to enable Professional Standards Departments to review and develop current practices for these types of investigations.

2. The PCA have stated that in exercising its independent scrutiny role it will be looking for evidence that these standards have been met.

3. The report recommends that DPS investigators should receive specific training to develop their ability to identify racial discrimination and the knowledge of local people should be drawn on as part of the development.

4. DPS officers should develop a shared understanding of racial discrimination and how it might be identified.

5. Interview techniques should be based on the PEACE model and there should be greater emphasis on the quality of detail in the statement of complaint. The PEACE model (Planning and prepare, Engage and explain, Account, clarification and challenge, Closure and Evaluation) is a process specifically designed to allow interviewing officers to gain information, from both witnesses and suspects, co-operative and uncop-operative, which is complete and as accurate as possible.

6. The PCA and police forces should work together to develop a proportionate response to substantiated allegations.

7. The PCA would welcome a proactive response to tackling racism.

8. Investigating officers should also consider whether the conduct they have investigated reveals a need for training or supervision and whether this should extend to an officer’s colleagues and supervisors.

9. The MPS Directorate of Professional Standards are to conduct a pilot scheme based on the recommendations in the PCA guidelines on a number of boroughs and at the Training school at Hendon. The pilot would monitor the investigations falling within the criteria to establish consistent working practices. A project board will oversee the pilot with representation from the PCA, IAG and a range of support groups and staff associations. An evaluation will be conducted by the MPS Internal Consultancy Group. The project board would consider whether the terms of reference should include other forms of discrimination within the pilot.

10. The MPA sponsored independent inquiry into the handling of internal investigations and grievances within the MPS, the recently announced investigation into racism in the police service by the Commission for Racial Equality and the imminent introduction of the Independent Police Complaints Commission could also have an impact on our procedures in the investigation of this type of allegation.

11. Any pilot would need to encompass the steps already taken in DPS to train and develop staff in diversity issues. A scoping exercise would need to establish the knowledge of investigators in specific communities or cultures if they are to possess the knowledge required by the PCA. This aspect of using local knowledge is not straightforward, considering the large number of diverse communities, cultures and beliefs that are represented within London.

12. The pilot would indicate whether individual and organisational standards remain at a high level in respect of investigating racially discriminatory, unethical and/or unprofessional behaviour.

13. The standard of proof in misconduct allegations and disciplinary action are linked as the higher the level of sanction to be imposed for a failure by a police officer, the higher the burden of proof. The legal framework as set out in the Police (Conduct) Regulations 1999 and the Home Office Guidance are the benchmarks on all misconduct investigations.

C. Equality and diversity implications

There are both equality and diversity implications arising from the PCA recommendations. Diversity implications that have been identified encompass the reallocation of resources into ensuring appropriate training in the subject and that investigators and decision makers are in a position to implement improvement procedures where appropriate. There is a continuing desire to attract both female and minority ethnic members of the MPS into the Directorate and if improvements in investigation standards are attained the confidence and support of all staff should increase in respect of equality and diversity, making a career in the Directorate of Professional Standards a favoured option.

D. Financial implications

There would be significant financial implications if additional training were required for all DPS investigators. However, such costs would be outweighed by the significant progress the MPS can make in this arena and the further enhancement of the trust in the community on this subject.

E. Background papers

• PCA guidelines on investigating allegations of racially discriminatory behaviour

F. Contact details

Report author: Chief Inspector David Linale, MPS.

For more information contact:

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

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