Annual report 2003/04

Report: 9
Date: 6 May 04
By: Clerk

Summary

The full Authority has agreed that each committee should produce an annual report on its activities to provide a summary of the key issues that have been discussed and upon which decisions have been made. This is the report of the Professional Standards and Complaints Committee (PSCC) that members are asked to endorse.

A. Recommendations

That members endorse the contents of this report.

B. Supporting information

Background

1. The PSCC has continued to carry out its responsibilities in accordance with both its terms of reference, and its statutory responsibilities. The Committee met five times during the year and has overseen the work of both the Association of Chief Police Officer (ACPO) Conduct Sub-Committee and the Police Appeal Tribunal process.

Complaints management information

2. The PSCC considers a report at every meeting outlining the performance of the Directorate of Professional Standards (DPS) against an agreed set of performance measures including trends covering all areas of activity. Members have been pleased to note that the reduction in the number of internal investigations and complaints over 120 says old (54% of the live total as at January 2004). There were also encouraging reductions in other areas, e.g. the percentage of substantiated allegations, the average number of days taken to complete investigations, the number of public complaints etc, and a welcome increase in the number of Informal Resolutions.

Oversight of police complaints and discipline

3. Members agreed a process for carrying out their statutory responsibility to monitor police complaints. This involved the Deputy Clerk selecting up to 12 closed cases and providing the files for member’s consideration at least seven days before each meeting. Members would have the opportunity to ask questions at that meeting about the cases they had received and formal responses would be provided at the following meeting. This process is currently under review.

Quarterly summary of exceptional and significant cases

4. PSCC received regular reports on these cases including details and outcomes of civil actions, employment tribunals, misconduct cases, settlements and selected inquests. Members were pleased to note that in most cases, satisfactory results have been achieved and financial savings realised against initial settlement reserve figures and claimant expectations.

Use of restorative justice

5. Members expressed considerable enthusiasm for the use of restorative justice in the police complaints process and received a report outlining the details of a pilot that was intended to identify:

• If the use of restorative conferencing can increase the levels of informal resolution achieved by IIC
• If the use of restorative conferencing can provide closure for complainants in particularly difficult and sensitive cases
• If Informal resolutions achieved through conferencing are more effective in providing learning for officers and the organisation

Management vetting

6. The objective of this vetting is to protect the interests of the Metropolitan Police Service (MPS), and the individuals who represent the Service, by ensuring that ‘designated posts’ are not filled by people about whom there are justifiable concerns that they may practice, or be vulnerable to corruption, dishonesty or unethical behaviour. A designated post is defined as one where opportunities for corruption are highest and there could be a substantial risk of serious damage to the Service were it occupied by a person who is corrupt, dishonest, unethical or vulnerable to any of these things. Members were generally content with the process, but raised some concerns around the appeals process and the cost of management vetting.

Strategic Intelligence Assessment (SIA)

7. The DPS carried out an SIA to establish the risks posed by corruption, dishonesty, and unethical and unprofessional behaviour. Members suggested that greater prominence should be given to new recruits about these issues and more information provided about ethical expectations.

Service confidence procedure

8. The service confidence procedure was used when, for example, source sensitive information indicated a police officer may be compromised in his or her current role but it was not possible to proceed with disciplinary or criminal proceedings. Members considered the procedure and felt it continued to be current, robust and supporting the needs of the Service. Members were pleased to note that some staff that has been made subject to the process has in a number of cases regained the’ confidence of the service’ and returned to full duty, but highlighted the need for line managers to be given support when supervising such staff.

Police Complaints Authority (PCA) guidelines on investigating allegations of racially discriminatory behaviour

9. Members considered an assessment by DPS of these guidelines on investigating allegations of racially discriminatory behaviour and its potential impact in professional standards investigations. DPS would be conducting a pilot scheme in a number of boroughs and at Hendon Training School, with a project board consisting of DPS Independent Advisory Group (IAG), support groups and staff associations.

Reporting wrongdoing

10. PSCC considered a report on the operation of the reporting wrongdoing procedure, which was based on the Public Interest Disclosure Act. The report included a brief explanation of the process in the MPS (including the support provided to staff invoking the procedure), management information and some proposals for change. A number of examples helped members put the process into context.

Misconduct hearings

11. Members received a report on the process and arrangements for misconduct hearings in the MPS, from the point where a decision is made that an officer will face disciplinary action to the stage where a formal hearing is constituted. There was a significant level of support for the measures being taken to identify and deal with the most serious cases.

Anti-corruption report

12. The Anti Corruption Command (ACC) provided a presentation describing anti-corruption investigations. Members recognised the success of high-profile anti-corruption investigations and the growing concerns around drugs misuse, minor theft, and sexual and public order offences. Members were grateful for the pro-active work currently being undertaken, particularly in relation to new recruits.

Professional Standards Strategy

13. At each meeting members received a presentation on a different strand of the Professional Standards Strategy. The work is organised under five strands of activity:

• Leadership and supervision
• Security of information and intelligence
• Recognition of the diversity of our communities and staff
• Identifying and reacting to organisational and individual learning
• Maintaining the threat of detection, prevention and management of risk

Members were conscious that the overwhelming majority of staff were honest, professional and brave, but recognised that there are still a few police officers and support staff that are involved in corrupt, dishonest or unethical behaviour. There was also a continuing threat from those who seek to corrupt our colleagues.

Implications of the Independent Police Complaints Commission (IPCC)

14. The Committee received two reports on the implications of the IPCC for the MPS and MPA respectively. Members had a number of concerns, including the need for potential additional resources and the subsequent costs, the impact on dealing with complaints in a timely manner and the need for the Authority to appoint lay members for police misconduct panels. Nevertheless, Members welcomed the likelihood that members of the public would have a greater sense of confidence in the impartiality and independence of the IPCC.

Presentation by Her Majesty’s Inspector of Constabulary (HMIC)

15. Sir Ronnie Flanagan gave a presentation on the role of HMIC and the importance of professional standards as a ‘golden thread’ through all aspects of policing and ensuring an effective and efficient police service. In an informative and entertaining discussion, Sir Ronnie Flanagan addressed Members concerns around the oversight process, disproportionality in complaints and discipline matters and the impact of the IPCC.

Regulatory responsibilities

16. Members of PSCC attended 16 meetings of the ACPO Conduct Sub-Committee and dealt with a wide range of complaints, allegations and reports against senior police officers in the MPS.

PSCC members

17. The Committee would like to express their warmest thanks and best wishes to Cecile Wright who will not be a member of the new Authority. Cecile’s thoughtful, incisive approach to professional standards issues, underpinned by her knowledge and experience as a Magistrate, will be greatly missed.

C. Equality and diversity implications

This is intended as a factual report on the work of the PSCC, although it does reflect some of the equality and diversity aspects of the work of this Committee.

D. Financial implications

None

E. Background papers

None.

F. Contact details

Report author: Alan Johnson, MPA.

For more information contact:

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

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