Annual report 2005-06

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

Summary

The full Authority has agreed that each committee should produce an annual report on its activities, giving a summary of the key issues that have been discussed and upon which decisions have been made. This is the draft report of the Professional Standards and Complaints Committee (PSCC), and Members are asked to approve it.

A. Recommendations

That members approve the contents of this report for submission to the Authority meeting.

B. Supporting information

The Morris Inquiry – Implementation of recommendations

Fundamental Review of the Directorate of Professional Standards

1. There has been a continuing focus on the implementation of the Morris Inquiry recommendations, with PSCC taking the lead (initially co-ordinated by the Morris Steering Group) in driving through improvements in professional standards matters.

2. In relation to the professional standards function, one of Morris’ key recommendations was that the Commissioner should carry out a fundamental review of the Directorate of Professional Standards (DPS). The fundamental review has taken place and the focus has moved to implementation of the New Way Model and the restructuring of DPS core activities. Throughout the year, PSCC has maintained its involvement in the review and implementation programme. DPS’ reports to the Committee have demonstrated a readiness on the part of DPS to be scrutinised and held to account.

3. The remaining programme of work will continue to be reported to PSCC as part of the 2006/07 work programme. Bringing the Review Implementation programme to an effective conclusion is perhaps the most significant challenge facing the Directorate and the Committee in the year ahead.

Dip sampling of public complaints

4. The arrangement for the MPA to scrutinise closed complaints files, in line with the recommendations made by Morris, has in the last year developed in to a more systematic process. The recently formed Prevention Command has since April 2006 taken the lead in ensuring that the findings and recommendations from MPA file reviews are absorbed into organisational learning. In the following year, the dip-sampling protocol will be kept under review to ensure that it retains its effectiveness in influencing MPS’ complaints handling practices and procedures.

Case Management Model

5. A Case Management model has been agreed with DPS, which is designed to give effect to the Morris recommendations in this regard. The purpose of the model is to provide a review mechanism under which the MPA has oversight of DPS’ complaints and conduct investigations that have exceeded the target time frame for completion. Full implementation of the protocol has been delayed due to problems with DPS case management data. Although those problems have now been addressed, effective operation of the MPA’s monitoring role, within the 2005/06 work programme, has not been achieved.

Oversight of police complaints and discipline

6. PSCC has continued to consider a report at every meeting outlining the key changes or exceptions within the data relevant to public complaints and conduct matters. The introduction of data relating to variations in performance of each of the groups of (B)OCUs has been welcomed.

7. In the year to May 2006, the number of public complaints recorded increased by 23%. A 4% increase in the number of conduct matters recorded was also reported. PSCC continues to view the increase positively in that it may reflect a growth in confidence in the complaints procedures, following the creation of the IPCC in 2004, and as a result of improvements in MPS’ recording practices.

8. The timeliness of investigations into public complaints has reduced by 25% from 106 days in June 2005 to 80 in May 2006. The number of days taken to complete an investigation into a conduct matter has undergone an even more significant reduction from 117 days in June 2005 to 82 days in May 2006; this amounts to a 30% reduction.

9. Revision of performance indicators relevant to complaints handling has become a repeated topic for discussion. Whilst recommendations have been made for a reduction in the 120 days target (for completion of investigations), a decision on the specific changes to performance indicators remains to be taken. This is therefore one of the issues that will be picked up by PSCC as part of its 2006/07 work programme.

Local Resolution

10. As in 2004/05, the Committee has continued to encourage the MPS to improve effectiveness in complaints handling, in particular to make greater use of local resolution. Notwithstanding, public complaints finalised under the local resolution procedures remain considerably below the target of 50%. It is however pleasing to report that DPS are in the process of effecting changes to the local resolution process and it is anticipated that this will make local resolution work better and jointly will lead to an increase in the number of locally resolved complaints.

The Independent Police Complaints Commission

11. Deborah Glass, IPCC Commissioner has attended each of the Committee meetings. PSCC Members value the constructive part that she has played in discussions and the contributions that she has made to assist the MPA fulfil its statutory duty to monitor MPS complaints. The provision of IPCC data on appeals, referrals, dispensations and discontinuances, for a number of forces including the MPS, has also been helpful.

12. The close working relationship with the IPCC extends beyond the context of PSCC meetings. PSCC Members will continue to meet with the Commission to share information and to work together on areas of common interest.

Cambridge University research into disproportionality

13. In October 2004, the MPS commissioned Dr Matravers from the Institute of Criminology to conduct research into (i) disproportionality in relation to black and minority ethnic police officers who are the subjects of alleged misconduct (internal disproportionality) and (ii) disproportionality in relation to the ethnicity of members of the public who make complaints (external disproportionality).

14. The key aims of the research is the provision of quantitative and qualitative data which will assist in the generation of solutions to address issues of disproportionality; particularly in relation to the handling of complaints and investigations within the MPS.

15. An overview of the research findings was provided at the PSCC meeting in May 2006, and the final report with a MPS response to it, will fall to be considered at a future meeting.

16. Irrespective of the delayed delivery of the research findings, PSCC will ensure that DPS continue to take steps to eliminate discriminatory practices.

Professional Standards Strategy

17. In the course of the year, the Professional Standards Strategy (“a corporate 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 undergone review. The review has taken account of the MPS Modernisation Programme, Morris, Taylor, CRE etc.

18. The draft revised Strategy was considered at a PSCC meeting in March 2006. In the year head, PSCC will continue to review progress on individual strand activities and strategic outcomes. PSCC will continue to be highly supportive of work that is being undertaken to prevent misconduct and unprofessional behaviour.

HMIC – Thematic Inspection

19. 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 a PSCC meeting in March 2006. MPS Directorate of Professional Standards was graded as good, which the MPA was pleased to see, with Anti-Corruption Command described as a “beacon of excellence”.

20. The report acknowledged that the inspection was conducted against a backdrop of the DPS Review and the MPS Service Review. There were nine recommendations together with 32 areas of possible improvement.

21. The MPA is determined to improve professional standards. Morris showed that there was much to be done to reform the police discipline system and build confidence in professional standards across the MPS workforce and London’s diverse communities. PSCC will therefore continue to monitor the work that DPS is undertaking in response to the HMIC recommendations and proposes to review progress as part of its 2006/07 work programme.

Assistant Commissioner Reviews

22. In order to secure the integrity of the discipline process as a whole, PSCC has continued to review Assistant Commissioner Review (ACR) decisions, particularly in cases involving drink driving where it appears that the decisions have been inconsistent or have resulted in reductions in sanction contrary to MPS and Home Office policy. PSCC is pleased to report that, in the course of the year, DPS arranged a training programme for Assistant Commissioners and accordingly revised MPS procedures.

23. PSCC will continue to monitor the outcome of discipline cases involving drink drive convictions and will review ACR decisions.

Suspensions

24. PSCC Members have continued to receive regular updates on officers who have been suspended from duty. DPS has been willing to supply the information to enable the Authority to consider whether the MPS’ use of suspension is proportionate taking account of the nature of the allegation and level of risk. Information relating to officers suspended from duty will continue to be received in 2006/07.

Senior Officers Conduct Sub-Committee

25. In the last twelve months, the ACPO Conduct Sub-Committee (now replaced by the Professional Standards Cases Sub-Committee) met on four occasions to consider a variety of complaints, allegations and investigations concerning the conduct of senior officers of the MPS.

26. In April 2005, Members agreed to give delegated authority to the Chief Executive and Deputy Chief Executive, to take decisions in consultation with the PSCC Chair, as to whether to record a complaint. The revised procedure has been implemented and this has had the effect of reducing the number of cases that are brought to a Committee for decision. The revised procedure has increased timeliness in the initial handling of complaints and conduct matters.

27. A total of 14 public complaints have been concluded since 9 June 2005. The outcomes are as follows:

• Investigated (allegations not proven): 1
• Local resolution: 1
• Not recorded: 5
• Direction and Control: 4
• Dispensation: 2
• Withdrawn:1

28. There have been a total of three appeals by complainants against non-recording decisions, two of which have been dismissed. An IPCC decision is awaited in respect of the one remaining application.

C. Race and equality impact

The fairness, responsiveness and proportionality of the Service are core to the work of this Committee. We intend to develop further our monitoring methods, and the level of stakeholder consultation, in the year ahead to ensure that the MPA’s commitments in relation to equality and diversity are taken forward in all the work that we do.

D. Financial implications

None

E. Background papers

None.

F. Contact details

Report author(s): Claire Lister, MPA.

For more information contact:

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

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