Case management protocol update

Report: 11
Date: 8 February 2006
By: Chief Executive and Clerk

Summary

The purpose of the report is to provide Members with an update on the application of the Case Management Protocol.

The Protocol applies to ‘live’ investigations undertaken by the Directorate of Professional Standards (DPS) into complaints or other allegations of misconduct against police officers. Its purpose is to enable the MPA’s Professional Standards and Complaints Committee to scrutinise cases, which have exceeded the target time frame for completion and to place a requirement on DPS to justify time taken to conduct an investigation and, if appropriate, to give reasons for the need for a continued investigation.

A. Recommendations

That Members receive the report and note the findings

B. Supporting information

1. At the last PSCC meeting, Members were advised that the MPA’s oversight capacity, in particular the ability to monitor the progress of “live” public complaints investigations, had been enhanced as a consequence of DPS authorising the MPA’s Professional Standards Officer to access the Tribune System.

2. Direct access to Tribune enables the MPA to scrutinise case management information and perform regular reviews on the progress of all “live” public complaint and conduct investigations.

3. Provision to the MPA, on a weekly basis, of Investigating Officer Workload Analysis reports (‘IOWA’) also continues.

4. When the last IOWA report was received on 26 January 2007, there were 1,088 “live” cases; comprising 954 public complaints and 134 conduct matters (internal investigations). 204 of the public complaints had exceeded the 120 days age profile and a further 128 cases were over 240 days old [the MPS total figures include cases investigated by all DPS units and also cases currently being handled by OCUs].

5. For the same reporting period, the MPS total for “live” misconduct investigations with an age profile of over 120 days amounted to 39 with a further 24 investigations exceeding 240 days old. The figures represent a marginal decrease in the number of “live” public complaints and internal investigations than was reported at the PSCC meeting on 14 December 2006.

6. Taking account of the revision downwards in the performance indicator set for completion of complaints and conduct investigations (from 120 to 90 days), as at 26 January 2007, there was 126 “live” cases with an age profile of between 91 and 120 days. If the figures, as cited in paragraphs 4 and 5 above, are factored in, the combined total of cases which have exceeded the 90 days deadline amounts to 521.

7. A sample of the oldest cases has been reviewed via the Tribune system and a request has been submitted for provision of further information in respect of various individual cases from the following regions: South West, South East and North West. The selection also includes a public complaint, which is being dealt with by Internal Investigations Command (Specialist Investigations). An example of the nature of the information sought from the Investigating Officer is attached (exempt appendix 1).

8. Oral feedback has already been provided by a number of the Investigating Officers. Whilst the Investigating Officers are in the process of completing their written responses, it is evident that there are some irregularities in data input activities. In one case, the “allegation finalised date” had not been completed even though the complaint had been resolved within the 120 days benchmark.

9. Details of the current status of the investigations and the reasons why the investigations have exceeded the target time frame will be shared with PSCC Members in advance of the next PSCC meeting. The deadline for receipt of responses is 19 February 2007.

Outcome of DPS Independent Review Team programme of activity

10. The MPA’s selection of cases does not include any public complaints that are being investigated by IIC North East. This is deliberate and takes account of the proactive programme of work which the DPS Independent Review Team (IRT) have undertaken to dip sample “live” investigations within this region.

11. To date, IRT have selected two “live” public complaints investigations each with an age profile of over 120 days. IRT met with the respective Investigating Officers in week commencing 22 January 2006 and feedback is awaited. The substantive findings of the review are yet to be reported upon. IRT have recently informed the MPA that at the conclusion of their six months programme of work in April 2007, all findings will be reported at a future PSCC meeting.

12. The MPA has also invited DPS to review the quality of the IOWA data and has asked the MPS’ performance analyst to determine why the categorisation of cases in terms of level of “risk” and “complexity” is not properly shown within the IOWA report (to note: over 90% of “live “ investigations are flagged as “risk” and “complexity not shown” on CDS). DPS has recently confirmed that the read across issue will be addressed as part of the Phase III work on Tribune, which is yet to be undertaken.

13. The Phase III work will also take account of the forthcoming changes to the misconduct procedures in response to the Taylor recommendations. For example, an assessment screen will be created which will electronically record whether a complaint is to be treated as “low-level” or “gross” misconduct. Details of how allegations have been resolved will also be captured.

C. Race and equality impact

1. The purpose of the Protocol is to ensure that individuals who are the subject of DPS investigations are treated in an equitable and proportionate matter. The Protocol reflects a recommendation of the Morris Inquiry.

2. An initial Race Equalities Impact Assessment has been conducted to ensure that the Protocol promotes equalities and does not disadvantage any of the equality target groups. Although that assessment is still awaiting formal endorsement, the results have established that a high adverse/negative impact does not exist for any equality group.

D. Financial implications

In order to limit the overall cost of introducing and administering the procedure, the Case Management Protocol needs have been built around the MPS’s existing management information. Although the new arrangement increases the time spent by Members and MPA officers in undertaking their oversight role, 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): Claire L Lister

For more information contact:

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

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