Minutes - draft

Please note these minutes are currently draft and are subject to committee approval.

Minutes of the Professional Standards and Complaints Committee of the Metropolitan Police Authority held on 13 July 2006 at 10 Dean Farrar Street, London SW1H 0NY.

Present

Members

• Reshard Auladin (Chair)
• Elizabeth Howlett (Deputy Chair)
• Richard Barnes
• Damian Hockney
• Jenny Jones
• Karim Murji
• Aneeta Prem (item 1-12)
• Richard Sumray (item 7 -13)
• Rachel Whittaker

MPA officers

• Catherine Crawford (Chief Executive and Clerk) (item 4 – 19)
• Doug Lewins (Policy Officer, Race and Diversity Unit)
• Claire Lister (Head of Professional Standards)
• Ruth Hasting Iqball (Committee Services)

MPS officers

• Commander Sue Akers (Directorate of Professional Standards)
• Det Chief Superintendent Carl Bussey (Directorate of Professional Standards)
• Det Chief Superintendent Greg Faulkner (Internal Investigations)
• Det Chief Superintendent Nick Stevens (Directorate of Professional Standards)

Also in attendance: Deborah Glass (Commissioner, Independent Police Complaints Commission).

1. Apologies

(Agenda item 1)

Apologies for absence were received from Tony Arbour (member), Alan Brown (Assistant Commissioner), Hamida Ali (MPA Policy Development Officer, Race and Diversity Unit) and David Riddle (Deputy Chief Executive and Clerk).

2. Declarations of interests

(Agenda item 2)

No declarations of interests were received from members.

3. Minutes of Professional Standards Cases Sub-Committee (part 1): 18 May 2006

(Agenda item 3)

It was noted that Rachael Whittaker’s name was spelt incorrectly. With this amendment, the minutes (part 1) were agreed.

Resolved – That the minutes of the Professional Standards and Complaints Committee (Part 1) meeting held on 18 May 2006 be agreed.

4. Complaints management information

(Agenda item 4)

Members received a report including management information for the 12 months to May 2006. It was noted that the average number of days between the decision to hold a misconduct hearing or final disposal was considerably below the target of 120 days. At this point, it was decided to consider agenda item 6 (see minute 6).

Members were informed that borough management information was circulated to borough commanders and was used, with their ethical health data, to assess and assist boroughs. The Chair suggested that he write to all borough commanders, informing them that they might be asked to explain their borough’s performance to the Committee. However, it was agreed that link members continue to monitor their boroughs performance in this area. At the next meeting, at which the figures for the last remaining group of boroughs would be received, the Chair requested further information on the overall borough picture.

Resolved – That

1. the report and the illustration of trends in the report and the Borough performance information contained in Appendices 1 and 2 be noted; and
2. the next report contain information on the overall borough picture.

5. Independent Police Complaints Commission - referrals and appeals (Oral report)

(Agenda item 5)

Deborah Glass (Commissioner, Independent Police Complaints Commission) circulated data on MPS referrals, appeals dispensations and discontinuances. In answer to questions, she informed members that the IPCC had benchmarks for timeliness.

Resolved – That the oral report be received.

6. Revised performance indicators

(Agenda item 6)

At the request of the Chair, a report was received setting out the work undertaken to address the need to revise the performance indicators relevant to complaints handling. Between December 2002 and May 2006, considerable improvement had been made in the timeliness of complaints handling from investigation through to the discipline process. This had been achieved through changes to business processes and had led the performance for all the key indicators to drop below the 120-day targets since the middle of 2005. A meeting had taken place in March 2006 to consider redefining the performance indicators and the timetable for implementation. The options considered were contained within the report. At this meeting a decision was made to postpone any changes to indicators to allow for the review of the revised Directorate of Professional Standards (DPS) structure to be undertaken and the introduction of the MPS Quality of Service Commitment.

Members noted appendix 2 providing performance indicators for similar police forces and the Chair praised the MPS’s achievement in this area. Members discussed how to proceed in this matter. It was agreed that that rather than have a target, complaints investigations should be completed on average in 90 days and that this change should take place immediately. It was also agreed that in future management information reports information should be shown as in appendix 3.

Resolved – That

1. the proposed options be reviewed;
2. the performance indicators be changed to having complaints investigations completed in, on average, 90 days; and
3. this change should take place immediately.

7. Cambridge University report on disproportionality

(Agenda item 7)

Members were informed that this report had not been circulated as the MPS had yet to receive the report from Cambridge University. Members felt this situation was becoming farcical, as the report had been promised over a year ago. Members were assured that the final bill for the report remained to be paid.

It was felt the report would provide no evidence of systematic disproportionality, and was noted that since the report had been commissioned a programme of action had been taken to prevent any disproportionality. Members therefore requested a report on this action at the next Committee, regardless of whether the Cambridge University report on disproportionality had been received.

Resolved – That a report be received at the next Committee on the programme of action taken by the DPS to prevent any disproportionality.

8. Update on the programme for the fundamental review of the Directorate of Professional Standards

(Agenda item 8)

Members received a report setting out the latest progress in respect of the DPS Review Implementation Programme (from 1 April 2006 to 30 November 2006).

The Chair asked the MPA’s Head of Professional Standards to organise a briefing for all members on the review. It was agreed than the Committee would receive regular reports on the Programme’s progress and that monthly reports would be supplied to the Chair and made available to members.

Resolved – That

1. That Members note the progress made across the individual commands since the last progress update on 18 May 2006;
2. the Committee receive regular reports on the Programme’s progress; and
3. monthly reports be supplied to the Chair and made available to members

9. MPA dip sampling of public complaints

(Agenda item 9)

This report summarised work undertaken by the DPS in support of the MPA dip sampling of closed complaint files. The newly formed Prevention Command led the DPS response in ensuring that lessons learned from the MPA dip sampling process were properly absorbed into MPS aims and working practices.

Resolved – That the progress report detailing work undertaken in satisfaction of recommendations made by the MPA to improve effectiveness in complaints handling be noted.

10. Case management protocol update

(Agenda item 10)

This report provided members with a brief update on the application of the Case Management Protocol, in particular, to explain the outcome of the work undertaken to scrutinise a further selection of cases, which fell within the ’120 days old’ age profile.

Resolved – That the report be noted.

11. Arrangements for the oversight of investigations

(Agenda item 11)

Paragraph 7.77 of the Morris Inquiry recommended that covert DPS operations should be reviewed by a chief officer from another police service when an enquiry had run for three months. DPS had an oversight process that went beyond that recommended by the Inquiry and, with the IPCC, had developed a protocol that provided for oversight of all DPS investigations more frequently than every three months.

Members were informed that members of Independent Advisory Groups were also consulted when there was concern about disproportionality.

Resolved – That the level of oversight of DPS covert investigations was noted and members agreed that whilst there had been a departure from the Inquiry recommendation, the current level of oversight was more rigorous than had been anticipated.

12. PSC Committee work plan

(Agenda item 12)

This report outlined a workplan for the period October 2006 to September 2007. To complement the report, copies of the proposed workplan in a tabular form were circulated at the meeting. It was suggested that matters that previously dwelt with by the Human Resources Committee could be incorporated into the workplan and that the Committee should hold the Police Appeals Tribunal to account for its timeliness in dealing with cases. With regard to the oversight of police complaints and discipline, members felt they should receive details of police staff who were suspended, as well at police officers.

Resolved – That the workplan for the Professional Standards and Complaints Committee be agreed subject to the inclusion of suggestions made by members.

13. PSC Committee annual report

(Agenda item 13)

The full Authority had agreed that each committee should produce an annual report on its activities; members therefore received a draft report for the Professional Standards and Complaints Committee for approval.

Resolved – That the contents of the report be approved for submission to the Authority meeting.

14. Exclusion of press and public

(Agenda item 14)

A resolution was put to exclude the press and public from the meeting during remaining items on the agenda as they were likely to disclose exempt information as described in Schedule 12(a) of the Local Government Act 1972 (as amended).

Resolved - That the press and public be excluded from the meeting during discussion of the remaining items on the agenda.

Summary of exempt items

15. Minutes of professional Standards Cases Sub-committee
 (part 2): 18 May 2006.

(Agenda item 15)

The minutes of the Professional Standards and Complaints Committee (Part 2) meeting held on 18 May 2006 were agreed.

16. Summary of suspended police officers

(Agenda item 16)

Members received details of the 26 Metropolitan police officers suspended from duty as at 23 June 2006.

17. Investigation Command (Oral update)

(Agenda item 17)

This item was heard after item 18. Members received a presentation about the work of the Anti Corruption Investigation Command.

18. Application for funding for legal representation

(Agenda item 18)

1. Request for financial assistance - Metropolitan Black Police Association (MBPA)
   Members received a report asking the MPA authorise the Commissioner to provide the MBPA with funding for legal representation to enable it to defend an Employment Tribunal (ET) claim of discrimination. Members felt that more information was required before a decision could be taken. It was agreed therefore that a revised report should be submitted to the next full Authority meeting.
2. Settlement - mediation
   Claims arising from an incident were settled in May. Members noted the summary of information contained in the report and supported the settlement reached.
3. Application for funding for legal representation
   Members received a retrospective request was for financial assistance to cover the costs of two officers, who due to a misunderstanding, were separately legally represented at the inquest into a woman who died in police custody. The DPS was of the view that there was no necessity for the officers to be separately represented at the inquest and, therefore, their applications for funding should be declined. Members therefore resolved to not authorise funding retrospectively.
4. Settlement request for MPA authorisation
   The summary of information contained in the report was noted and the Committee authorised the requested payment into court.

19. Proposed composition of Sub-committee to consider any misconduct matters arising from an IPCC investigation

This report dealt with how the MPA would consider matters arising out of the Stockwell 1 IPCC report.

The meeting ended at 4:45 pm

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