Professional Standards and Complaints Committee - work plan

Report: 10
Date: 8 September 2005
By: the Chief Executive and Clerk

Summary

A draft workplan is attached for consideration by members. It is recognised that this list is not exhaustive and issues will arise during 2005-2006 that Members will wish to introduce discussion.

A. Recommendations

That subject to any proposals for inclusion of additional matters, members agree the work plan for the Professional Standards and Complaints Committee.

B. Supporting information

1. The Professional Standards and Complaints Committee (‘PSCC’) is responsible for holding the Metropolitan Police Service (‘MPS’) to account in respect of all professional standards issues and carrying out, on behalf of the Metropolitan Police Authority (‘MPA’), the authority’s statutory responsibilities in this regard. The terms of reference for the PSCC as agreed by the full Authority are attached at Appendix 1.

2. In addition, there is a sub-committee to receive regular reports concerning complaints and conduct matters concerning Association of Chief Police Officer (ACPO) rank police officers. The terms of reference for the Senior Officers Conduct Sub-Committee (‘SOCSC’) are attached at Appendix 2.

3. Members of the PSCC are asked to note the terms of reference and be aware that any amendment would have to be agreed by the full Authority.

4. In order to meet the terms of reference, the following regular papers to the committee are proposed:

Complaints management information

5. This is an MPS produced report which is presented to every meeting outlining performance against an agreed set of performance measures covering all areas of professional standards eg numbers of complaints and conduct matters recorded, details of finalised complaints, officer and complainant ethnicity and gender. The paper provides the opportunity for the Authority to monitor performance and focuses on the key changes and exceptions within the data.

6. From November 2005 onwards, it is proposed that an MPA produced report will be introduced. This report will contain a basic analysis of complaints data for each borough, which is collated from information received from the Directorate of Professional Standards on a monthly basis.

7. An example of the type of report, which will be presented at future PSCC meetings, appears at Appendix 3. Members should however note that this report is in its initial stages of development and presently only reflects information for those boroughs within the North Eastern Region, namely Barking & Dagenham, Enfield, Newham, Redbridge, Tower Hamlets and Waltham Forest. The intention is to expand the report to include all BOCU’s. Given that the report is in its developmental stages, Members have the opportunity to specify what further information should be included in the report to assist them in their oversight role.

Member statutory duty to monitor MPS complaints procedures (dip- sampling)

8. It is proposed that in response to the Morris Inquiry, in 2005/06 work will be undertaken to enhance the performance of the Authority’s statutory duty to have oversight of MPS complaints procedures.

9. The procedure for dip sampling closed complaints files will commence in November 2005. The outcome of members’ review of a selection of complaints files will be recorded and reported at each PSCC meeting. The report will also include details of any action taken by the MPS in response to representations made by Members’ concerning identifiable irregularities and deficiencies in complaints handling.

10. The review of complaints files will, on occasion, include an analysis of complaints by allegation type and will also periodically include a review of borough performance. These matters will be covered in reports to future meetings.

11. In addition, members of the Professional Standards and Complaints Committee may wish to invite the views of other stakeholder organisations concerning their perception of the effectiveness of the complaints handling process. members may wish to consider extending an invitation to the Independent Advisory Group and other relevant stakeholder groups to ensure that their perceptions about the effectiveness of the complaints process are captured and used to inform the MPS’s complaints handling procedures.

Disproportionality in the numbers of black and minority staff in complaints and discipline cases

12. Research into disproportionality in the numbers of black and minority ethnic staff in complaints and discipline cases is presently being conducted by Cambridge University. The research team are also examining the existence of external disproportionality in the number of black and minority ethnic citizens who bring complaint against the police. It is suggested that reports should be presented to the Committee detailing:

• The extent of internal and external disproportionality
• The reasons for the existence of racial disparities
• Strategic solutions that will build internal and external trust and confidence in the in the MPS.

The Morris Inquiry and fundamental review of the Directorate of Professional Standards (to include matters arising from EODB meeting on 6 October 2005)

13. In response to recommendations of the Morris Inquiry, a fundamental review of the Directorate of Professional Standards is presently being conducted. Reports to Members on the progress of the Review programme will be presented at each meeting of the Committee.

14. It is also suggested that recommendations arising out of the Equal Opportunities and Diversity Board meeting on 6 October 2005 (a themed meeting at which equality and diversity as a part of Professional Standards and the DPS Review programme will be considered) will be reported to the PSCC at its meeting on 10 November 2005.

Directorate of Professional Standards Strategic Impact Assessment

15. The MPS are currently in the process of finalising the Strategic Impact Assessment. The SIA will be finalised in October 2005 and a report will be presented at a future meeting of the PSCC. Thereafter, reports on the individual strands of the SIA will be presented at each Committee meeting.

16. Periodical reports on the activities of the Anti-Corruption Command Unit will also be requested for presentation at alternate meetings.

Professional Standards Strategy

17. This will be a report to every meeting. However, the Professional Standards Strategy is presently the subject of revision and the Directorate of Professional Standards has yet to confirm the individual strands of the Strategy. Once finalised, a report will be presented to members of the Committee. The Committee will then proceed to receive reports on the individual strands at each meeting.

18. The specific strands will be influenced by the emerging findings of the DPS Fundamental Review programme and any recommendations made by Her Majesty’s Inspectorate of Constabularies following the focussed review of DPS.

Summary of exceptional and significant cases

19. The Committee will receive a report at each meeting on exceptional and significant cases. This will follow the format of reports presented in previous years in that the following information will be provided, in particular details of:

• Civil litigation cases
• Employment Tribunal cases
• Accident claims
• Riot damage claims
• Ex gratia payments to contractors
• Emerging exceptional/significant cases

Her Majesty’s Inspectorate of Constabulary – Professional Standards Focused Inspection (Outcomes)

20. HM Inspectorate of Constabulary is undertaking a focused inspection of Professional Standards Departments during October and November 2005. The purpose of the inspection is to assess police service delivery in relation to complaints handling and discipline matters. Publication of the outcome of the inspection is expected to be in January 2006. HMIC’s findings and grading will therefore form the basis of a report to a future meeting of the Committee.

Independent Police Complaints Commission

21. In continuance of the arrangement, which is in place for a representative of the IPCC to attend meetings of the Professional Standards and Complaints Committee meetings, it is proposed that members of the Committee maintain that arrangement in order to provide the IPCC with a forum to discuss matters relevant to the tripartite relationship with the MPS and MPA.

Complaints against Senior Officers & matters relating to Police Appeals Tribunals

22. A regular report will be provided to members on the progress of public complaints and conduct matters concerning ACPO officers. The determination of such matters will remain within the jurisdiction of the Senior Officers Conduct Sub-Committee.

23. Regular reports detailing the outcome of Police Appeal Tribunals will also be provided to members. However, the regularity of provision of such reports will be determined both by the frequency of the Appeals and by the date upon which the Authority receives notification of the Tribunal’s decision.

C. Race and equality impact

1. The report provides the basis for future activities to be carried out by PSCC. In order to meet the MPA’s legal obligations under existing equalities legislation, PSCC has to exercise its monitoring and review functions. The workplan creates a framework in which key objectives can be addressed, thereby meeting the needs of the MPA, the MPS and London’s diverse communities.

2. The authors of each report presented to PSCC will properly reflect the diversity implications and equalities impact of any specific proposals.

D. Financial implications

There are no financial implications arising directly from this report.

E. Background papers

None.

F. Contact details

Report author(s): Claire L Lister

For more information contact:

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

Appendix 1

Terms of reference for the Professional Standards and Complaints Committee

1. To satisfy the Authority’s statutory duty to monitor MPS complaints procedures

2. To consider high profile and sensitive cases in line with the MPA/MPS protocol where a claim for compensation has been made the Committee will:

• receive a quarterly information report on compensation cases settled by the Commissioner.
• consider, for recommendation to the Authority, those cases which require a decision by the Authority to settle a claim for compensation (However, where a decision cannot wait for the next meeting of the Committee, a report proposing settlement will be put direct to the full Authority)

3. To keep the strategies of the MPS Directorate of Professional Standards under review.

4. To exercise the Authority’s responsibilities in respect of reports, allegations or complaints against ACPO rank police officers, in accordance with the appropriate regulations.

5. To consider any matters relating to Police Appeal tribunals and to arrange for the appointment of Authority Members and to arrange for the appointment of Authority Members to serve on Tribunals as and when required.

6. To have due regard, in exercising the committee’s responsibilities, to equal opportunities generally, the general duty of the Race Relations (Amendment) Act 2000 and the requirements of any other equalities legislation.

Appendix 2

Terms of reference for the Senior Officers Conduct Sub-Committee

1. To investigate and deal with complaints about the conduct of officers of ACPO rank in accordance with appropriate legislation and regulations

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

3. The Sub-Committee will comprise any three members of the Professional Standards and Complaints Committee appointed by the Clerk under delegated authority (i.e. the membership may differ from meeting to meeting). All three members must be present for the meeting to be quorate.

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