Case Management Protocol update

Report: 9
Date: 12 April 2007
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 note the findings.

B. Supporting information

1. Since the inception of the Case Management Protocol, the MPA’s oversight capacity, in particular the ability to monitor the progress of “live” public complaints investigations, has been enhanced as a consequence of DPS authorising the MPA’s Professional Standards Officer to have direct access to Tribune via an MPA terminal.

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

3. Since the date of the last PSCC meeting, the MPA’s oversight function has been further enhanced as a consequence of a pilot, which is presently taking place in IC North West (IC NW has responsibility for a geographical area that includes “active” boroughs such as Camden and Brent, which generally receive a higher number of public complaints).

4. An Investigating Officer has been tasked to supplement the data that is generally available via Tribune with additional information to include electronic decision and progress logs and risk assessment reports.

5. An immediate effect has been to improve the quality of case management data available electronically and provide for greater examination and analysis of complaints handling activity on individual cases irrespective of their age profile.

6. The MPA has been invited to provide feedback on the effectiveness of adding supplementary case management information to records accessible via Tribune and discussions are presently taking place between the DPS Higher Performance Analyst and the MPA’s Professional Standards Officer.

7. If the pilot proves successful, DPS intend to extend the scope of the pilot to the whole of IC North West, subsequent to relevant training being provided to all Investigating Officers within that region.

MPS total of “live” investigations of public complaints over 120 days old

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

9. When the last IOWA report was received on 28 March 2007, there was a total of 237 public complaints which had exceeded the 120 days age profile (this represents an increase of 16.2% when compared with figures provided for end January 2007) and a further 150 cases which were over 240 days old (this represents an increase of 17.2 % when compared with figures provided for end January 2007) [to note: the MPS total figures include cases investigated by all DPS units and also cases currently being handled by OCUs].

10. As at 28 March 2007, the MPS total for live misconduct investigations over 120 days old amounted to 47 with a further 19 investigations exceeding 240 days old.

Role of DPS Independent Review Team

11. The MPA’s previous selection of cases over 120 days old has not included any public complaints under investigation by IC North East. This has been deliberate and takes into account the proactive programme of work which the DPS Independent Review Team (IRT)’ had informed the MPA they would be undertaking to dip sample “live” and finalised investigations from the Intelligence, Investigation and Prevention Commands.

12. In December 2006, PSCC Members were informed that IRT had selected two “live” public complaints investigations each with an age profile of over 120 days from IC North East (this is a lesser number of cases than was originally intended). Members were further advised that upon conclusion, IRT’s findings would be shared with the MPA.

13. Due to resource issues and competing commitments, IRT have so far not conducted any reviews of “live” investigations of public complaints within IC North East.

14. As a consequence, the MPA Professional Standards Officer has absorbed the review activity in to the MPA’s programme of work. 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 four of the oldest “live” cases from IC North East.

15. Details of the status of the investigations and the reasons why the investigations have exceeded the target time frame will be made available to PSCC Members at the end of April 2007.

16. Members should note that at the time of reporting IC NE has the highest number of “live” cases under investigation. With the exception of specialist investigations IC NE also has the highest number of “live” public complaints investigations that have exceeded the 120 days age profile. The percentage of “live” investigations which have failed to meet the 90 days target is also higher than in other regions. Out of a total of 147 “live” cases 41 cases have exceeded the target time frame for completion.

Summary of Investigating Officer responses to previous enquiries raised by MPA on “live” complaints investigations

17. In February 2007, four investigators responded to enquiries made by the MPA concerning investigations that had exceeded the target time frame for completion.

18. The following reasons have been provided for why the investigations were not concluded within 120 days of less:

• Administrative errors: updates on the current status of the investigation had not been correctly recorded on Tribune to reflect actual case progress.
• Procedural irregularities: failure to follow correct procedures in a timely manner i.e. failure to serve form 163d (notification of allegations) on an officer who was the subject of a complaint.
• Investigating officers have been without direct access to Tribune and therefore unable to accurately record their own actions on a case within an electronic progress log. The need for investigators to have to communicate to another person i.e. a caseworker in order to update Tribune is viewed by some investigators as an unnecessary administrative obstacle which could be overcome by granting to all investigators wider update rights.
• Investigator involvement in (i) urgent BOCU and OCU duties and (ii) other priority cases.
• The complaint involves numerous allegations concerning the conduct of several officers thereby necessitating multiple strands of investigation.
• The complainant requested additional time to instruct a new solicitor. The Investigating Officer allowed the complainant the additional time she required to enable her to obtain proper legal advice and make informed decisions. In doing so the 120 days time limit was exceeded.

19. Continued scrutiny by the MPA of the investigations on a monthly basis (Morris Inquiry report 7.70) is not, on this occasion, required. This is on the basis that the complaints investigations are now concluded.

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, MPA

For more information contact:

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

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