PSC committee workplan

Report: 12
Date: 13 July 2006
By: Chief Executive and Clerk

Summary

The report outlines a workplan for the period October 2006 to September 2007. The list is not exhaustive as it is recognised that issues will arise during 2006-2007 that Members will wish to introduce for consideration by the Professional Standards and Complaints Committee. To complement this report, copies of the proposed Committee workplan in tabular form, will be circulated at the meeting and will be available upon request.

A. Recommendations

That subject to any proposals for inclusion of additional matters, Members agree the workplan 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 and consider reports concerning complaints and conduct matters in relation to Association of Chief Police Officer (ACPO) rank police officers. In addition, the sub-committee is also responsible for considering cases involving forfeiture of an officer’s police pension where an officer has been convicted of a criminal offence connected with his or her police service. The terms of reference for the Professional Standards Cases Sub-Committee (‘PSCSC’) is 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 focus upon the key changes and exceptions within the data.

6. In continuance of the arrangement, as agreed in 2005-06, data relating to Borough and Operational Command Unit performance will be contained in each report.

7. PSCC has encouraged a revision to the performance indicators relevant to complaints handling. In 2006-07, PSCC will continue to monitor DPS key indicators and targets and will support improvements in the timeliness of complaints handling, investigations and institution of disciplinary proceedings.

Statutory duty to monitor MPS complaints procedures (dip-sampling)

8. In September 2005, in response to a recommendation of the Morris Inquiry, for the MPA to increase its oversight of MPS’ complaints handling practices, PSCC Members approved a protocol for the dip-sampling of MPS complaints files.

9. The procedure for dip sampling a selection of closed public complaints files commenced in November 2005. The outcome of the review of complaints files have, in accordance with the 2005-06 workplan, been reported at each PSCC meeting. That arrangement will continue in 2006-07. Reports to PSCC will include details of any action taken by the MPS in response to any representations made by the MPA concerning identified irregularities and deficiencies in complaints handling practices.

10. The review of complaints files will include a thematic analysis of complaints by allegation type. A targeted analysis of recording and complaints handling practices within specific boroughs will also be conducted. The review findings will be covered in reports presented at each PSCC meeting.

11. In 2006-07, Members of the Professional Standards and Complaints Committee will also invite the views of other relevant stakeholders concerning their perception of the effectiveness of the complaints handling process.

12. PSCC will continue to share its findings with the Prevention Command within DPS to ensure that the provision of information, derived from the audit of cases, is fed back in to organisational learning.

Case Management Model Protocol

13. The protocol reflects a recommendation of the Morris Inquiry. Its purpose is to ensure that investigations are properly monitored to ensure that they are conducted in a proportionate and equitable manner.

14. A MPA report detailing the outcome of the MPA’s consideration of “live” overt complaints investigations, identified as being appropriate for independent oversight, will be reported at each meeting.

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

15. Research into disproportionality in the numbers of black and minority ethnic staff in complaints and discipline cases has been conducted by Cambridge University. Progress in implementing any recommendations (as presented by the research team) and strategic solutions to address issues of disproportionality and build internal and external trust and confidence in the MPS will be monitored by the PSCC. A reports will be presented at the next PSCC meeting on 12 October 2006. It is anticipated that further reports will be required.

The Morris Inquiry and Fundamental Review of the Directorate of Professional Standards
16. In 2005-06, PSCC Members received at each meeting details of the progress of the fundamental review of the Directorate of Professional Standards. The Review Implementation Programme commenced on 1 April 2006 and Members have since that date received reports detailing progress made across the individual commands.

17. Updates on Review Implementation progress and project delivery across the three commands i.e Intelligence, Investigation and Prevention and Organisation Learning (‘POL’) will continue in 2006-07. MPS ‘ reports will be presented at each meeting during the lifetime of the Implementation Programme. This will include a presentation, in October 2006, that focuses upon the development of the DPS Reception Desk and a subsequent presentation in December 2006 detailing progress within POL. In addition, evidence of the impact of the Review on both the culture of DPS and the perceptions of the directorate will be sought. The staff profile of the Directorate will also be monitored to ensure that it reflects the diversity of the MPS as a whole.

18. As a supplement to PSCC monitoring of the Implementation Programme, arrangements have recently been agreed which will result in monthly updates being provided to the MPA. Progress will also be discussed informally at the PSCC Chair’s meeting with the Director and Deputy Director of DPS.

DPS strategic intelligence assessment on professional standards issues

19. An update to the MPS report as presented at the PSCC meeting on 8 November 2005 will be presented as part of the 2006-07 work programme. The report will provide a review of progress on the key strategic issues, in particular information and intelligence leakage, recruitment and vetting, substance misuse and threats from external organisations.

Professional Standards Strategy

20. This will be a report to every meeting. The Professional Standards Strategy, which is a “high-level plan designed to protect the integrity and reputation of the MPS and manage the professional standards risks inherent in day-to day policing” has recently been developed to take account of recent reviews and inspections including Morris, CRE and HMIC thematic. The Strategy incorporates four strands of activities:

• Strand 1: Intelligence
• Strand 2: Prevention
• Strand 3: Enforcement
• Strand 4: Corporate Strategy and Priorities

21. Progress on individual strand activities and strategic outcomes will be reported to PSCC in conjunction with progress reports on the DPS Review Implementation Programme.

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

22. HM Inspectorate of Constabulary undertook a focused inspection of Professional Standards Departments during October and November 2005. The purpose of the inspection was to assess police service delivery in relation to complaints handling and discipline matters. The findings were published on 16 January 2006 and a report was presented at the PSCC meeting in 9 March 2006 which described the actions to be taken in response to the HMIC recommendations and suggestions for improvement.

23. HMIC expects the work to be completed within 12 months with a record kept for audit purposes. A MPS report detailing action taken in response to each of the recommendations will be presented at the PSCC meeting in December 2006. That report will also include details of any follow-up action in response to the further recommendations as contained in HMIC’s recently published report “Raising the Standard”.

Taylor recommendations

24. A review of police disciplinary arrangements was completed by Bill Taylor and a report published in January 2005. In response to the recommendations a new police discipline process for police officers is currently being developed. A MPA report will be presented at the PSCC meeting in October 2006 detailing the proposed changes and outcome of consultation. Further reports will be presented in 2007.

Independent Police Complaints Commission

25. In order to provide the IPCC with a forum to discuss matters relevant to the tripartite relationship with the MPS and MPA, a continuance of the current arrangement whereby a representative of the IPCC is in attendance at each PSCC meeting is proposed. IPCC updates on MPS referrals, dispensation/discontinuance applications and appeals will therefore continue to be provided in this forum.

Summary of exceptional and significant cases

26. The Committee will receive a report which provides a quarterly summary of 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:

• Emerging exceptional/significant cases
• Civil litigation cases
• Employment Tribunal cases

27. To enhance oversight of Employment Tribunal cases, bi-monthly MPA/MPS meetings have been established. Details of all ET cases and on-going grievances are discussed at that meeting. In addition to these meetings, a report will be presented at PSCC meetings at six-monthly intervals which focuses upon ET cases and grievances. The report will include management information on MPS ET cases and grievances including details of numbers of cases, trends, total cost of settlements, equalities data etc.

Complaints against Senior Officers & matters relating to Police Appeals Tribunals

28. 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.

29. Regular reports detailing the outcome of Police Appeal Tribunals will also be provided to Members.

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, MPA.

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 Professional Standards Cases Sub-Committee

Police Pensions Forfeiture

1. To determine whether forfeiture of a police officer’s pension should be considered because he or she has been convicted of an offence committed in connection with his/her service as a member of the police force which the Home Secretary may certify as either having been gravely injurious to the interests of the State or liable to lead to serious loss of confidence in the public service.
2. In the event of the Home Secretary issuing a certificate of forfeiture, to determine the proportion, if any, of the pension which may be forfeited permanently or temporarily.

Senior Officer Conduct

3. To investigate and deal with any allegations, report and complaints about the conduct of officers of ACPO rank in accordance with appropriate regulations.
4. To consider all matters relating to discipline against ACPO rank officers, within police regulations.

Business appeals

5. To deal with appeals by officers of the MPS against refusals by the Commissioner of permission for them to pursue business interests.

NB The sub-committee’s membership will be a core membership of five members. These members do not necessarily have to be members of the parent committee. In the event of one of those members being unable to hear a particular case the Chief Executive has delegated authority to appoint another member for that meeting.

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