MPA dip sampling of public complaints

Report: 7
Date: 12 January 2006
By: Chief Executive and Clerk

Summary

At its meeting on 10 November 2005, Members were informed of the work that had been undertaken in relation to the dip sampling of a a selection of closed complaints files and were asked to agree a process for the dissemination of information arising from the MPA officers’ review of cases. The purpose of this report is to update Members of the work that has been undertaken subsequent to that meeting.

A. Recommendations

That

1. the further work that has been undertaken in relation to the review of closed public complaints files be noted; and
2. invite MPS DPS to submit a comprehensive report which identifies the follow-up work and remedial action that has been undertaken in response to feedback provided by the MPA on individual closed public complaints files.

B. Supporting information

MPS response to MPA initial file review

1. In response to the circulation of the details of the outcome of the MPA’s initial file review of a closed public complaint; the detail of which was reported at the last PSCC meeting, DPS officers have performed the following:

• Reviewed the relevant complaints file and responded to the MPA’s analysis of the standard of complaints handling.
• Attended a meeting on 16 December 2005 with MPA Officers to discuss actions taken in response to the review findings.

Outcome of MPS review of closed public complaint file

2. The MPS have accepted that, as identified by the MPA, the complaint in question fulfilled the criteria for mandatory referral in that it included allegations of racially discriminatory behaviour and common assault. The MPS have therefore acknowledged that the complaint should have been recorded and should have been referred to the IPCC for consideration as to the mode of investigation.

3. It is further accepted that the use of local resolution should not have been advised as a possible course of action and that significant decisions, which have been taken to explain the manner in which the complaint was handled, were not sufficiently recorded on file.

Outcome of meeting on 16 December 2005

4. DPS have explained that issues raised by the MPA in criticism of the general handling of the complaint have already been used as learning points, which have informed discussions at an Internal Investigations Command SMT Meeting. A decision has also been taken to update the Misconduct Investigation Guide to reflect recommendations made by the MPA to develop and improve future complaints handling practices and procedures. An invitation has also been extended to MPA officers to attend at future training sessions to offer advice and feedback to officers responsible for the handling of public complaints.

Future arrangements

5. All future MPA requests for the provision of closed complaints files will be directed to a Reviewing Officer within DPS and the MPA has agreed that a further 30 files should be submitted for review.

6. An additional stage has however been added in to the dip sampling procedures in that a nominated DPS officer will, before passing the files to the MPA, conduct a preliminary file review.

7. On receipt of the further files, MPA officers will review the complaints and assess the standard of complaints handling. Feedback, including identification of best and worst practices identified in the general handling of complaints, will be provided to the Director and Deputy Director of DPS in the form of an MPA report.

8. Subject to Member approval, the expectation is that any action taken in response to MPA feedback will form the basis of an MPS report to the Professional Standards and Complaints Committee.

9. MPA Officers involved in the dip sampling of case files will continue to maintain a database of identified irregularities in MPS’ complaints handling, this will be with a view to tracking the rate of recurrence and thereby identifying common problems. Similarly, examples of best practice will also be recorded. Those findings will form the basis of an MPA report, which will be presented at PSCC meetings at six monthly intervals.

10. In instances where issues of an exceptional nature are identified in specific complaints, this will be reported at PSCC meetings as exempt information.

Preliminary findings from further review of closed public complaints files

11. To date MPA officers have systematically reviewed a total of 10 closed complaints files. Reports detailing the MPA officers’ findings have been submitted to DPS in relation to five files. The remaining reports will be submitted in week commencing 16 January 2006.

12. Subject to Members’ approval, the MPS’ will be invited to submit a report, for presentation at the PSCC meeting on 9 March 2006, which details action taken in response to feedback provided by the MPA.

13. Some of the issues which have so far been identified by the MPA as shortcomings in MPS complaints handling practices are as follows:

• Irregularities in the application of the local resolution procedures.
• Poor data collection i.e. failure to record a complainant’s ethnicity.
• Failure to adequately record decisions taken to explain fully the manner in which a complaint has been handled.
• Failure to complete relevant forms i.e. Form NG163a (Notification of Result of Investigation).
• Failure to keep officers, who are the subject of a complaint adequately informed of progress.
• Failure to review individual complaints files to establish lessons to feed back into operational policing.
• Failure to comply with statutory requirements in respect of recording practices.

IPCC related matters

14. The IPCC has agreed to provide training to MPA Officers involved in the dip sampling of cases and to Members of the Professional Standards Committee. The principal purpose of that training will be to familiarise Officers and Members with the provisions of the Police Reform Act 2002 and IPCC Statutory Guidance and to ensure that there is an increased level of understanding of the standards to be applied by the police in improving responsiveness to complainants. It is hoped that the training will be delivered in advance of the next PSCC meeting.

15. In order to inform its policies and practices, the IPCC has invited the MPA to provide feedback on issues relevant to its own handling of complaints, as and when identified by MPA Oficers in the course of their file reviews.

16. To support the IPCC in their guardianship role of the complaints process, the MPA will continue to share the detail of its dip sampling assessments of MPS closed complaints files with IPCC Commissioners.

C. Race and equality impact

The issues addressed in this report concerning the handling of public complaints addressed espouse the recommendations of the Morris Inquiry, to ensure that complaints are resolved in a fair, proportionate and timely manner. The principal purpose of the dip-sampling protocol is to enhance and inform MPA oversight of DPS functioning, and incidentally to provide MPS with feedback on the standard of complaints handling by identifying examples of best and worst practice. Where necessary, recommendations will be made to effect changes to complaints handling procedures to ensure that complaints are handled in accordance with legislation, guidance and in a manner which is responsive both to complainants and to officers who are the subject of complaints.

D. Financial implications

There are no direct financial implications arising from this report. It is anticipated that the cost of implementing any recommended changes to the MPS’ complaint handling procedures will, for the time being, be absorbed in the current budgetary allocations for the DPS Fundamental Review Programme.

E. Background papers

None.

F. Contact details

Report author(s): Claire L Lister, MPA

For more information contact:

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

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