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

Report: 8b
Date: 12 January 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 the report be noted.

B. Supporting information

Background

1. 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 gain public confidence through greater accessibility and openness.

2. 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 (formerly known as civil staff) and contracted staff.
• 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". This will have far more significance in the process of dealing with complaints and will require more resources to implement. Included in the process will be the option for mediation and restorative intervention. The ability to manage conflict requires necessary skills in relation to time and investment to make this process work. The IPCC are keen to increase the use of Local Resolution and would wish police services across England and Wales to be innovative in its use.
• Presumption of maximum and regular disclosure to complainants and interested parties subject to the ‘harm test’. 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 lack of disclosure.
• All Civil actions to 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.
• The IPCC can designate that a misconduct hearing should be heard in public. In addition there will be wider provisions for public access to such hearings.

3. The Directorate of Professional Standards has instigated an implementation programme to be ready for the change to the regulations. 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) is the designated chair of a Steering Group, which includes senior representatives of MPS stakeholders. An MPS intranet web page has been created as part of a communication programme.

4. 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.

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

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

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. The other anticipated benefits are greater transparency in the investigation of complaints and the strengthening of the independent element in the complaints procedure.

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.

3. There will be greater accessibility to record a complaint through the provision of gateway organisations, Internet access and direct to the IPCC.

4. Under 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.

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 resources.

2. 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, once sufficient details are available to carry out a scoping exercise. At the present time no additional budget has been identified within the 2004/05 budget or medium term financial plan.

3. It has been requested that the set-up costs for the IPCC implementation team be met by the DCC Business Group budget.

E. Background papers

None

F. Contact details

Report author: DCI Susan Knight

For more information contact:

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

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