MPS direction and control guidance

Report: 12
Date: 12 October 2006
By: Commander Sue Akers on behalf of the Commissioner

Summary

The purpose of the report is to introduce Members to the MPS’s Guidance on Direction and Control and to seek the agreement of the Police Authority (MPA), as suggested in paragraphs 10 and 21 of Home Office Circular (HOC) 19 of 2005, for the implementation of the guidance and establishment of the MPA’s oversight role.

A. Recommendations

That members

1. review and, subject to any suggested amendments, approve the Direction and Control Guidance; and
2. agree the arrangements for monitoring and oversight of MPS Direction and Control complaints.

B. Supporting information

Direction and Control Guidance

1. The guidance (refer to Appendix 1) has been developed with direct reference to the advice contained in Home Office Circular (HOC) 19/2005 and previous good practice and learning.

2. Those responsible for drafting the guidance have also considered the IPCC Statutory Guidance, have obtained legal advice from the MPS’ Legal Services Department and have taken account of senior counsel’s advice to the MPA dated 21 May 2003. The Federation and the Superintendents Association have had sight of it and no issues have been raised.

3. In addition, the MPA’s Professional Standards Officer has been consulted and has indicated that, subject to Members’ views, the Guidance accords with the recommendations as contained in the HOC. The MPA has also previously suggested that MPS Guidance would benefit from being supported by a process map. Members will note that a process map has been prepared to aid officer understanding of the process (refer to Appendix 2).

Direction and Control Register

4. Home Office Guidance states that the Chief Officer and Police Authority should agree a policy for the recording of direction and control complaints and that any complaint which is recorded should be entered on to a register which will allow information on a complaint to be retrieved efficiently and effectively for management and oversight purposes.

5. It is proposed that the recording of direction and control matters will be undertaken in accordance with the guidance (at appendix 1) and within the MPS’s existing Tribune system. The details of each issue will be captured across appropriate fields for each data entry. Whilst it is not possible to provide a ‘copy of the Register’ the information that will be available and retrievable can be summarised as follows:

1. Performance and Review Team set up as an 'Area Referred to Deal/Investigate' on TRIBUNE.
2. 'Direction & Control' in the 'Monitor Incident' field on the TRIBUNE Progress Screen.
3. B/OCU SMT to be put into the subject (Officer) field
4. The type of Direction & Control matter to be put in the 'Allegation Related' field i.e.
   • operational policing policies (where there is no issue of conduct)
   • organisational decisions.
   • general policing standards in the force.
   • operational management decisions (where there is no issue of conduct).
5. The allegation result shown as 'Not Recorded' (NR)
6. The 'Action' against the subject (Officer Allegation Result) can be completed to show either 'Training' or 'Change in Policy' or 'NFA' or ' Other'.
7. Add into the Progress Log an entry entitled 'Learning Lessons' followed by the detailed outcome

Monitoring and oversight arrangements

6. Issues concerning the direction and control of a force have the potential to impact on a force’s efficiency and effectiveness.

7. As the HOC states “a police authority has a key role in overseeing and scrutinising force performance in handling complaints about direction and control”. The Home Office therefore recommends that the chief officer and the police authority agree the level and extent of oversight arrangements for direction and control complaints. It is further recommended that the police authority should agree the format and frequency for the provision of reports to assist them in their oversight role.

8. It is a recommendation of this report that the MPA’s monitoring and oversight of direction and control complaints could be undertaken in accordance with the dip sampling protocol, which is now progressing in a more thematic way. If Members were to agree this recommendation, MPA officers would be responsible for selecting and reviewing closed direction and control complaints. This arrangement would include the provision of feedback to DPS and PSCC Members on the handling of any complaint which relates to the direction and control of the police force.

9. Members should determine the frequency of the themed reviews of direction and control complaints, for example, at six or twelve monthly intervals.

C. Race and equality impact

In establishing a procedure for dealing with complaints about the direction and control of the police, Home Office Guidance recommends that chief officers ensure that the force is responsive to the needs of all complainants, is proportionate in the handling of the complaint and is as open and transparent as the maintenance of effective policing will allow.

The MPS’ direction and control guidance has been drafted in compliance with Home Office recommendations as issued under Section 14 of the Police Reform Act 2002. It is a product of a consultative process. The MPA has a statutory responsibility for the efficiency and effectiveness of the MPS and is accountable to local communities for the delivery of policing. Effective operation of the MPA’s oversight of the handling of direction and control complaints will raise the level of accountability.

D. Financial implications

There are no financial implications arising directly from implementation of the guidance. Introduction and administration of the procedure for dealing with direction and control complaints and maintenance of the direction and control register has been built around the MPS’s existing management information systems. The arrangement for monitoring the handling of direction and control complaints, when fully operational, will increase the time spent by Members and MPA officers in undertaking their oversight role. However, the cost of administering the procedure is capable of being met from the existing budget.

E. Background papers

None.

F. Contact details

Report author(s): Tim Waterhouse, DPS Policy Unit, MPS.
(to note: references in the report to arrangements for monitoring and oversight of direction and control complaints have been inserted by Claire Lister, Professional Standards Officer, MPA)

For more information contact:

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

Appendix 1 and 2

These appendices are available in hard copy only from the MPA.

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