Response to HMIC thematic inspection of MPS professional standards

Report: 6
Date: 9 March 2006
By: Commissioner

Summary

MPS Directorate of Professional Standards was graded as good in the recent HMIC thematic with Anti-Corruption Command being described as a ‘beacon of excellence’.

The report acknowledged that the inspection was conducted against a backdrop of the DPS Review and the MPS Service Review. As a consequence the majority of recommendations and possible areas for improvement are being actioned therein.

DPS have set up processes to monitor progress and the current position on the recommendations is set out herein.

A. Recommendations

That Members are asked to note the content of this report.

B. Supporting information

Background

1. Her Majesty’s Inspectorate of Constabularies on 16 January 2006 announced that the Metropolitan Police Service has achieved a rating of good, with its Anti-Corruption Command being described as a ‘beacon of excellence’.

2. The announcement follows a Baseline Assessment Inspection of the MPS Directorate of Professional Standards, which was undertaken in November 2005. The inspection is part of a simultaneous inspection of all 43 police services in England and Wales.

3. The Baseline Assessment consists of a self-assessment process supported by visits to forces for validation and quality assurance.

4. HMIC recognises the MPS as the largest and most complex police organisation in England and Wales. The MPS Directorate of Professional Standards, the largest unit of its kind in the UK, is responsible for conducting investigations into police misconduct, public complaints, corruption and civil litigation.

5. The HMIC report highlighted a number of areas in which the MPS excels, such as the High Tech Crime Unit’s work to remain at the forefront of emerging technology; making the Directorate accessible and ensuring that complaints can be made in a number of ways. The report also recognises work that is undertaken to reduce the number of civil actions, thus reducing legal and compensation costs.

6. The MPS Anti-Corruption Command was identified as a ‘beacon of excellence’, being of direct benefit to the current deliberations regarding strategic forces”.

7. The inspection was conducted against the backdrop of the Directorate of Professional Standards undergoing a significant period of change, following an internal review that was conducted alongside the recent overall service review of the MPS functions.

Action

8. There were nine recommendations together with 32 areas of possible improvement. Members of DPS Command Team have been assigned responsibility for all of these elements, which have been incorporated into a document, which will be used to audit progress by the DPS Command Team. Priorities, - High – within 3 months, Medium – within 6 months and Low – within 12 months are being agreed.

9. HMIC expects the work to be completed within 12 months with a record being kept for audit purposes. The arrangements at Para 8 above meet this requirement.

10. The vast majority of the potential work emanating from the inspection is already being undertaken in conjunction with:

1. The DPS Review Programme – previously reported to this committee and the subject of another report on 9 March 2006;
2. The New MPS Professional Standards Strategy, the subject of another report on 9 March 2006;
3. Morris, Taylor, CRE and Ghaffur report recommendations, previously reported to this committee; and
4. The DPS Strategic Intelligence Assessment, previously reported to this committee

11. Attached at Appendix 1 are the recommendations made with the HMIC comments relating thereto.

12. Below is a summary of this current position.

• Recommendation 1 – Communication of change
  The points made are acknowledged and will be picked up as part of the implementation of the DPS Review Programme – Previously reported and the subject of another report on 9 March 2006.
• Recommendation 2 – Closer working with IPCC and MPA
  Existing arrangements will be reviewed and appropriate adjustments made. However, changes have been made. MPS have supported and facilitate the MPA implementation of the Case Management oversight with positive results; IPCC attend and participate in the monthly DPS Intelligence oversight meeting; and IPCC are regular attendees of this MPA committee meeting.
• Recommendation 3 – External confidential reporting line
  A national business case based on existing needs is being developed for a national ‘Right Line’ as part of the existing Crimestoppers arrangements. The business case is based on a report by DCS Bussey MPS DPS to ACPO Professional Standards Committee.
• Recommendation 4 – Delays in discrimination cases
  To ensure greater constancy training for investigators has taken place in conjunction with Staff Associations, the Samurai Group of minority representative, HR Directorate and Employment Tribunals Unit. In addition, DPS has taken on responsibility for all discrimination cases.
• Recommendation 5 – Variable uptake – local resolutions
  Pilots have commenced at two Boroughs to speed up local resolutions and to encourage ownership by local managers. Training has been given to local managers and Borough Single Points of Contact (SPOC). Commander Broadhurst TP spearheads this work.
• Recommendation 6 – Consistency of sanctions
  The inconsistency is a concern shared across DPS. Since the HMIC’s visit AC’s have had input around the appeals process and Annex N of the Home Office Guidelines. The MPA are taking an active role in overseeing the outcome of hearings and appeals. A guide is being prepared for all misconduct boards to ensure the current information and guidance is available to board members.
• Recommendation 7 – Morris, Taylor, CRE and Ghaffur recommendations
  Progress on this work was reported to MPS Equal Opportunities and Diversity Board on 6 October 2005 and to this committee on 12 January 2006. In addition, a Chief Inspector has recently conducted a review of this work, specifically looking at the relationship between the work, the outcome and the recommendations. This review is currently being actioned.
• Recommendation 8 – Focus on cultural change
  This is part of the DPS Review Programme implementation previously reported to this committee and the subject of another report on 9 March 2006.
• Recommendation 9 – Review of consultation arrangements
  This is part of the DPS Review Programme implementation previously reported to this committee and the subject of another report on 9 March 2006.

C. Race and equality impact

HMIC recommendations and possible areas of improvement are inextricably linked to DPS Review and to Morris, Taylor, RE and Ghaffur; are focused on addressing real and perceived discrimination within the professional standards arena. The continued involvement of staff Associations and external stakeholders will ensure that this focus is maintained.

D. Financial implications

Costs for any work emanating there from will be met from within the existing MPS budgets directed by the MPS Professional Standards Strategic Committee, which is chaired by Assistant Commissioner Alan Brown, Director DPS

E. Background papers

None.

F. Contact details

Report author(s): Commander Sue Akers- Directorate of Professional Standards

For more information contact:

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

Appendix 1

Recommendations from HMIC Thematic of Professional Standards 2005

1) Communication of change

The new model for the DPS will separate intelligence and enforcement whilst placing both reactive and proactive resources within the enforcement command. There is a sound basis for this change, which will ensure DPS activity is intelligence based with a strong preventative agenda. However, this will have a significant impact on the ACC, which has proved to be a beacon of excellence. In moving to the new model the MPS should have cognisance that whilst improving the overall focus of the DPS that the experience and lessons learnt within the ACC is maximised. A key issue will be to ensure that there is effective management, consultation and communication with staff, particularly those from ACC, as the changes are implemented.

Recommendation 1 - Her Majesty’s Inspector recommends that when implementing the new professional standards model the MPS should fully consider the experience and lessons learnt within anti-corruption command. A key issue will be for the management, consultation and communication particularly with ACC staff.

2) Closer working with IPCC & MPA

Some representative groups hold strong views and consider there to be a lack of proportionality and are not at all convinced that the MPS are taking positive action. In order for there to be an open and transparent process the MPS should consider working even closer with the IPCC and MPA to ensure independent oversight of progress on proportionality. This should be the case whether the review is of individual cases or when assessing the overall proportionality of service delivery in order to provide reassurance to these groups and to the wider community.

Recommendation 2 - Her Majesty’s Inspector recommends that in order for there to be an open and transparent process the MPS should consider working even closer with the IPCC and MPA. This is to ensure independent oversight of progress on proportionality whilst is ongoing to fully understand the issues.

3) External confidential reporting line

Whilst the MPS endeavour to encourage confidential reporting they have yet to introduce an entirely external and independent confidential reporting line as has been successfully introduced in many other police services.

Recommendation 3 - Her Majesty’s Inspector recommends that the MPS consider reviewing the confidential reporting line and the introduction of an entirely external and independent confidential line in order to strengthen confidence within the reporting system.

4) Delays in discrimination cases

The MPS has a policy in place for Boroughs to refer cases of discrimination to the DPS Specialist Investigation Team. At the same time, boroughs are being required to ensure local action on local issues. The current policy is causing uncertainty as relatively minor matters are being referred for DPS SIT investigation and consequently being returned for local action. This has the potential to cause delays in resolving the issue at source and should be reviewed.

Recommendation 4 - Her Majesty’s Inspector recommends that the MPS consider reviewing the process for the investigation of discrimination cases to ensure investigations are conducted at the earliest opportunity and that there is clarity regarding investigative responsibilities.

5) Variable uptake – internal resolution

There is variable use and uptake of the local resolution policy. It would appear many supervisors lack the confidence to effectively conduct this process. There is an apparent training need and need for greater consistency in local management emphasis on this means of timely complaint resolution. Between 1.4.2005 and 31.7.2005 variations range from Redbridge BOCU that conducted 15% of local resolutions to Kingston Upon Thames BOCU where 81% were so resolved.

Recommendation 5 - Her Majesty’s inspector recommends that the MPS should review the reasons for the variable uptake and use of the local resolution policy and take appropriate action to deliver a greater level of consistency in decision making.

6) Consistency of sanction

Despite guidance contained in the MPS sanction guidelines concern was expressed amongst staff regarding the consistency of decision-making on sanctions. Police misconduct boards comprise senior MPS police officers with appeals heard by an AC all of whom have received the requisite training. Any trained Commander or DAC, apart from those with DPS responsibilities, takes on these responsibilities, which has the benefit of offering a wide range of experience but makes it harder for the MPS to achieve consistency.

This manifests itself for example in drink driving sanctions ranging from dismissal to fines of five days pay on appeal but is not restricted to that type of offence. There is no effective oversight of these sanctions to ensure the MPS are delivering a consistent message to staff resulting in uncertainty and potential loss of confidence in the system.

Recommendation 6 - Her Majesty’s Inspector recommends that the MPS should be satisfied that the sanctions being applied following misconduct boards and subsequent appeals are consistent and that there is effective oversight of these sanctions.

7) Morris, Taylor et al recommendations

The MPA and the MPS have agreed that all recommendations emanating from Morris, Taylor, CRE and the Ghaffur report will be dealt with by reference to a set of agreed outcomes, which encapsulate relevant recommendations. From these outcomes, four priority outcomes have been determined, one of which for example includes devolvement of local investigations to BOCU command.

However, whilst this may be a sound way of managing the series of recommendations by aggregating these into outcomes the MPS and MPA should be satisfied systems remain in place with clear lines of accountability for action on the detailed recommendations

Recommendation 7 - Her Majesty’s Inspector recommends that the MPS should be satisfied that when managing the implementation of the recommendations of Morris, Taylor, CRE and Ghaffur by aggregating outcomes that systems remain in place that have clear lines of accountability for action on the detailed recommendations.

8) Focus on cultural change

The MPS have placed significant focus within the DPS review on structures and processes. Whilst this will clarify key organisational issues, in moving forward the MPS should be satisfied that there is a clear focus on the cultural change required to become a learning organisation. This will be vital to achieve an improved service.

Recommendation 8 - Her Majesty’s Inspector recommends that the MPS should be satisfied that whilst progressing the structural and process change within the DPS review that there is a clear focus on the cultural change, which is required to become a learning organisation.

9) Review of consultation arrangements

The MPS have strived to ensure effective consultation and communication about the DPS review. However, there were significant numbers of staff within the DPS who had neither been consulted about the DPS changes or were not aware of progress. There appears to have been a lack of understanding with staff in certain quarters. There is also a lack of communication as to what the rationale is for the change.

Recommendation 9 - Her Majesty’s Inspector recommends that the MPS revisit the consultation process for the DPS review, notwithstanding the significant efforts that have already been made to ensure effective engagement at all levels.

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