Minutes

Minutes of the Professional Standards and Complaints Committee of the Metropolitan Police Authority held on 7 October 2004 at 10 Dean Farrar Street, London SW1H 0NY.

Present

Members

• Reshard Auladin (Chair)
• Tony Arbour
• Elizabeth Howlett
• Karim Murji (Deputy Chair)

Also present: Jenny Jones.

MPA officers

• David Riddle (Deputy Clerk)
• Alan Johnson, (Head of Human Resources and Professional Standards)
• Nick Baker (Head of Committee Services)

MPS officers

• Steve Roberts (Director of Professional Standards)
• Carl Bussey (Directorate of Professional Standards)
• Steve Gwilliam (Directorate of Professional Standards)

1. Apologies

(Agenda item 1)

Apologies for absence were received from Damian Hockney and Richard Sumray.

2. Declarations of interests from members of the Committee

(Agenda item 2)

No declarations of interests were given by members.

3. Minutes

(Agenda item 3)

The Committee received the minutes of the Professional Standards and Complaints Committee meeting held on 16 June 2003 (Part 1) and noted the minutes (Part 1) of the Senior Officers Conduct Sub-Committee meetings held on 11 March 2004, 6 May 2004, 27 May 2004, 15 July 2004 and 9 September 2004.

Resolved – That the minutes of the Professional Standards and Complaints Committee meeting held on 16 June 2003 (Part 1) and noted the minutes (Part 1) of the Senior Officers Conduct Sub-Committee meetings held on 11 March 2004, 6 and 27 May 2004, 15 July 2004 and 9 September 2004 be noted.

4. Chair’s and members’ update

(Agenda item 4)

No updates were made.

5. Complaints management information

(Agenda item 5)

The Committee received a report that gave data for the 12 months to August 2004.

Members were informed that complaints allegations had declined by approximately 5% from August 2003 to August 2004 and that the rate of decline evident in previous years is reducing. It was noted that the number of public complaint cases under investigation had increase by 3% from 522 cases in September 2003 to 537 cases in August 2004. A decrease in public compliant investigations over 120-days old from 173 (33%) to 106 (20%) was noted. Members noted the reduction of internal investigations and the 8% rise in the percentage of allegations being locally/informally resolved when comparing the period September 2003 to August 2004 with the same period in 2002/03.

Member noted that the Directorate of Professional Standards were working with the Institute of Criminology at Cambridge University to progress the research into disproportionality and this would include both the internal and external dimension.

Members welcomed the use and success of ‘local resolutions’ and agreed that the Committee should receive a detailed report on this issue at a future meeting including how this was being used at borough level. They also noted that working relationships with the newly formed Independent Police Complaints Commission were good.

It was also agreed that future reports should give consideration to the validity of complaints data and where possible data, particularly around discriminatory behaviour should be presented in a disaggregated format.

Resolved – That

1. members noted the report and illustration of trends given at appendix 1 to the report;
2. noted that the Independent Police Complaints Commission (IPCC) replaced the Police Complaints Authority (PCA) and that this necessitated a change to this report and associated appendices of the report; and
3. the Committee receive a report on the local resolution process at a future meeting.

6. The use of restorative conferencing in the police complaints procedure

(Agenda item 6)

Following the initial presentation to the Committee at its meeting in September 2003, the Committee received a report which informed members of the study of the use of the restorative conference in the police complaints procedure.

The report recommended that no further research be undertaken in the use of restorative conferencing in dealing with complaints. It was noted that it is clear that conferences are useful in some particular circumstances and, these may include; when the complainant will not agree to a resolution without such a meeting; where the possibility exists of providing closure in particularly difficult and sensitive cases; or where there is important learning for officers that may be enhanced by the process. It was suggested that as the Thames Valley Police/Oxford University study of this area is due to report soon, it therefore seems sensible to await the publication of their report before proceeding further. In the meantime, it was proposed that restorative conferencing should be added to the ‘Local Resolution Toolbox’ as an option for officers dealing with complaints to use in appropriate circumstances.

Resolved – That

1. the report be noted;
2. no further research should be carried out within the MPS into the use of restorative conferencing in dealing with complaints;
3. the guidance and good practice developed through this pilot should be formalised and restorative conferencing should be added to the Local Resolution Toolbox as an option for officers dealing with complaints to use in appropriate circumstances; and
4. no further Internal Investigations Command (IIC) resources should be invested in restorative conferencing. The independence offered by facilitators from outside IIC also adds reassurance to officers considering taking part.

7. MPS strategic intelligence assessment on professional standards issues

(Agenda item 7)

Members received a report that updated them on the strategic intelligence assessment to establish the risks posed by corruption, dishonesty, unethical and unprofessional behaviour to the integrity of staff and the MPS.

Further debate was undertaken in closed session of the meeting.

Resolved - That members note the issues arising from the intelligence assessment and the proposed control measures.

8. Professional Standards and Complaints Committee workplan 2004 -05

(Agenda item 8)

Members received a copy of the proposed work plan for the Committee for 2004-05.

In receiving the work plan, members agreed that there was a need to develop their statutory duty to monitor the MPS complaints procedure. Members also suggested there should be a split between the ‘review’ role and the ‘oversight’ role, with priority being given the oversight role. It was also suggested there should be further reports on quality assurance within the Directorate of Professional Standards, anti corruption and members statutory responsibilities. It was anticipated that a report on the Morris Inquiry would be presented to the full Authority; although it was suggested that implementation of any recommendations should be a joint venture with the Human Resources Committee.

The Chair suggested that a possible review of the format of the Committee should be undertaken. He was particularly keen to see the Committee develop performance issues with the MPS. This should include a method for customers to be able to raise concerns outside of complaints procedure. It was agreed that this and other issues should form part of a future report to the Committee.

Resolved – That

1. the work plan be approved and include those additional items highlighted by members; and
2. a report on the future format of the Committee be presented to a future meeting.

9. Leads member roles

(Agenda item 9)

The Committee received a report that requested that members review and appoint any lead members position in relation to the work of the Committee.

No lead member posts were identified.

Resolved – That the full Authority note that there were no lead member posts identified by the Committee.

10. Membership of the Senior Officers Conduct Sub-Committee

(Agenda item 10)

The Committee were asked to appoint the Chair, Deputy Chair and membership of the Senior Officers Conduct Sub-Committee, up until the Authority’s annual meeting in June 2005.

The Committee agreed that all members of the Committee be members of the Sub-Committee and that its membership should consist of at least five members.

Reshard Auladin was proposed and seconded as Chair of the Sub-Committee, Elizabeth Howlett was proposed and seconded as Deputy Chair of the Sub-Committee.

Resolved - That

1. Reshard Auladin be appointed as Chair and Elizabeth Howlett as Deputy Chair of the Sub-Committee; and
2. the membership of the Sub-Committee be that of Professional Standards and Complaints Committee, with a minimum of five members and a quorum of three.

11. A request for funding for a scheme to deal with immediate reparation in cases where a local resolution is sought

(Agenda item 11)

The Committee received a report that considered a pragmatic approach to the local resolution of complaints that would provide authority to spend up to £100 in immediate reparation. The report informed members that such a scheme would assist in allaying any initial sense of grievance an affected person may have and to assist the local resolution of any complaint, without making any admission of liability. The proposed payment would also not inhibit the MPS from defending a claim when and where the circumstances warrant such action.

Resolved - That

1. the Committee support the funding of the above and grant authority to spend up to £100 in immediate reparation in circumstances where financial recompense is considered appropriate as a gesture of goodwill;
2. when considering applying this process, validation of the local on call SMT member will be sought prior to any payment being made;
3. making of such a payment will not be conditional on the aggrieved party resolving any complaint they may have by way of Local Resolution;
4. in granting such a payment that the MPS is not making any explicit and implicit admission of liability;
5. the MPS will also reserve the right to defend any further claim made by a person in receipt of such a payment that relates to the same matter; and
6. the Committee receive a half yearly report on this matter.

12. Legal assistance to police officers – case of Michael Menson deceased

(Agenda item 12)

This item was considered in conjunction with the exempt item 14.

Members received a report for financial support to cover legal costs from the solicitors acting for a former detective chief inspector who was the senior investigating officer in the investigating into the death of Michael Menson.

Members were informed that Michael Menson’s family are suing the MPS, the former Commissioner, Commissioner and three retired officers. The report recommended that legal costs be provided to the officer and in respect of the other two former officers in the event that they apply.

The Deputy Clerk and Solicitor informed members of the procedure outlined in the Authority’s scheme of delegation for providing financial assistance to officers involved in legal proceedings. He also reminded members that the Metropolitan Police Authority was not obliged to fund such cases and that there was discretion to consider each case on its merits. It was noted that Home Office guidance on providing legal assistance stated that ‘police officers must be confident that police authorities will provide financial support for officers in legal proceedings where they have acted in good faith and have exercised their judgement reasonably. Police Authorities will need to decide each case on its own merits, but subject to that there should be a strong presumption in favour of payment where these criteria are met.’

The Deputy Clerk and Solicitor also informed members that none of the police officers concerned were charged or disciplined relating to this case, he also confirmed that both the Commissioner and former Commissioner would receive assistance and failure to apply this to the officers concerned might be considered to be unfair.

In the light of the information provided, members agreed that financial support to cover legal costs to the officers be granted.

Resolved – That

1. pursuant to section 111 of the Local Government Act 1972 and having regard to Home Office Circular 43/2001, the MPA agrees to provide financial assistance to cover legal costs in respect of proceedings arising out of the death of Michael Menson to the former MPS officers identified in the exempt report circulated with this agenda; and
2. in each case the Commissioner be authorised to agree the rate of charge for legal costs with the solicitors acting for the individual officers.

13. Exclusion of press and public

(Agenda item 13)

A resolution was put to exclude the press and public from the meeting during items 7, 14 - 17 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 7, 14 - 17.

Summary of exempt reports

14. MPS strategic intelligence assessment on professional standards issues

(Agenda item 7)

Members received a report that updated them on the strategic intelligence assessment to establish the risks posed by corruption, dishonesty, unethical and unprofessional behaviour to the integrity of staff and the MPS.

15. A request from funding for financial support in civil proceedings

(Agenda item 14)

Members received a report that outlined a claim for legal assistance. This item was linked to agenda item 12.

16. Quarterly summary of exceptional cases and significant case results

(Agenda item 15)

The Committee received the quarterly summary of exceptional and significant case results

17. Procedures, systems and structures for the use of covert human intelligence sources by the MPS

(Agenda item 16)

The Committee received a report that gave details about the use of covert human intelligence.

18. Minutes

(Agenda item 17)

The Committee received the minutes of the Professional Standards and Complaints Committee meeting held on 16 June 2003 (Part 2) and noted the minutes (Part 2) of the Senior Officers Conduct Sub-Committee meetings held on 11 March 2004, 6 and 27 May 2004, 15 July 2004 and 9 September 2004.

The Committee closed at 4:30 p.m.

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