Minutes

Minutes of the Professional Standards and Complaints Committee of the Metropolitan Police Authority held on 12 April 2007 at 10 Dean Farrar Street, London SW1H 0NY.

Present

Members

• Reshard Auladin (Chair)
• Tony Arbour
• Jenny Jones
• Karim Murji
• Aneeta Prem (item 1-6 and 11)
• Rachel Whittaker

MPA officers

• David Riddle (Deputy Chief Executive and Solicitor to the Authority)
• Hamida Ali (Policy Development Officer, Race and Diversity Unit)
• Claire Lister (Professional Standards Officer)
• Ruth Hasting Iqball (Committee Services)

MPS officers

• Sue Akers (Commander, DPS)
• Andy Campbell (Det Chief Superintendent, Prevention and Organisation Learning, DPS)
• Stuart Osborne (Commander, DPS)

Also in attendance: Deborah Glass (Commissioner, IPCC)

82. Apologies for absence

(Agenda item 1)

Apologies for absence were received from Richard Barnes, Damian Hockney Elizabeth Howlett (Deputy Chair) and Richard Sumray (members).

83. Declarations of interests

(Agenda item 2)

No declarations of interests were received from members.

84. Minutes of Professional Standards and Complaints Committee: 8 February 2007

(Agenda item 3)

Subject to the inclusion of Jenny Jones’ apologies for the meeting, the minutes were signed and agreed as a correct record.

Members sought clarification on when the report on business interests would be submitted to the Committee. They were informed that the report had been commissioned. Rachel Whittaker requested a copy of the commissioning brief. The Chair asked that he be informed on the date for presentation of this report.

Resolved – That

1. the minutes of the Professional Standards and Complaints Committee meeting held on 8 February 2007 be agreed subject to the change outlined above; and
2. the Chair be informed when the report on business interests would be received and Rachel Whittaker see a copy of the commissioning brief.

85. Minutes of the Professional Standards Cases Sub Committee (PART 1): 8 February 2007 and 15 March 2007 - to note

(Agenda item 4)

Resolved – That the minutes of Professional Standards Cases Sub Committee (part 1): Thursday, 8 February 2007 and Thursday, 15 March 2007 be noted.

67. Complaints management information

(Agenda item 5)

The Committee received a report including data for the 12 months to February 2007. It focused on the key changes or exceptions within the data, as trends were slow to change. The Chief Superintendent, Prevention and Organisation Learning, highlighted the key points of the report.

Conduct matters over 120-days old rose had risen in February 2007. Research had revealed that the increase was due to a number of police staff investigations (suspensions) being recorded on Tribune (the complaints database), the majority of which were over 120-days old. Members were pleased to note the centralisation of the data collection. Questions were asked about under recording because the public did not report complaints. Members asked again about the low level of local resolution. They were told that a training programme was being finalised that would eventually be provided to each borough annually.

Appendix 1 of the report dealt with complaints management information for boroughs in family group 3 (Camden, Westminster, Hackney, Lambeth, Southwark and Tower Hamlets). The Chair thought the information contained in such reports would be useful to link members and should be circulated with borough performance reports. He was told this was done. In answer to questions Members were informed that complaints were recorded to the location where they occurred and that for many complaints the officer or member of police staff concerned could not be identified.

Resolved – That the report and the illustration of trends in the report and the Borough performance information contained in Appendices 1 and 2 be noted.

68. Deaths following police contact 2004-07

(Agenda item 6)

In October 2006, the Committee had been presented with a report giving the numbers of persons who had died following police contact for the period 2004–06. Members requested that this data be brought before the Committee on a 6-monthly basis. Members were informed that in paragraph 3 of the report should have read, “Very nearly half, 16, were as a result of vehicle usage. In only three of these 16 was there actual contact with the person who died, the remainder being where the presence of police might have contributed to the vehicle having a collision, e.g. stolen vehicles trying to escape.”

Members asked about learning from deaths following police contact. They were informed that investigating officers always recorded any learning which would be implemented at an early stage, without waiting for an inquest. An example of this was the provision of defibrillators. Organisational learning was also recorded on a database. In addition, four one-day seminars had been held for 600 custody officers. Members also asked what work was done with communities. They were informed that in all such deaths a family liaison officer was appointed.

Resolved – That the information contained within the report be noted.

69. Reform of police misconduct procedures – Taylor Review

(Agenda item 7)

This report provided members with an update on the progress of the preparations for the adoption of the legislative changes expected as a result of the Taylor Review. The Committee had previously received a briefing on the changes but since that time the legislation had experienced some slippage. The changes have now been discussed by the MPS Management Board and would be discussed by the full Authority in May 2007.

Members felt the report should have contained more information about the procedures for ACPO officers and give some indication of the number of level 2 appeals the MPA would deal with. They were informed that the procedures for all officers were the same, though makeup of panels was different, and that there had been about 20 –25 level 2 appeals a year under the old system. It was agreed these matters would be included in the report before it went to full Authority.

Resolved – That

1. the likely changes to the MPS arising from new police misconduct procedures to become mandatory in spring 2008 (subject to the legislative timetable) be noted; and
2. it be noted that the project team established within the DPS will manage and implement the changes on behalf of the MPS; and
3. the answers to questions raised by members be included in the report before it was received by full Authority.

70. Dip sampling of public complaints

(Agenda item 8)

A report was received providing a brief update in respect of work undertaken by the MPA’s Professional Standards Officer both in furtherance of the dip sampling protocol and in support of the local resolution project.

The report (paragraph 4 onwards) stated that a series of half-day seminars would take place to build a shared understanding of the local resolution procedures, to increase officer confidence in its application and thereby encourage a higher rate of allegations being locally resolved. Committee members had been invited to attend, either as observers or as participants, however this invitation had been withdrawn, as it was felt participants might find members’ presence inhibiting.

Resolved – That progress made in respect of the MPA’s dip sampling of closed complaints files and in furtherance of the local resolution project be noted.

71. Case Management Protocol update

(Agenda item 9)

A report was received providing members with an update on the application of the Case Management Protocol. The Protocol applied to ‘live’ investigations undertaken by the DPS into complaints or other allegations of misconduct against police officers. Its purpose was to enable the Committee to scrutinise cases that had exceeded the target timeframe for completion and to place a requirement upon the DPS to justify time taken to conduct an investigation and, if appropriate, to give reasons for the need for a continued investigation.

Members noted that due to resource issues and competing commitments, the DPS Independent Review Team had been unable to conduct any reviews of ‘live’ investigations of public complaints within IC North East. They were informed that reviews would now resume as the Independent Review Team was now up to strength.

Questions were asked about the length of time taken to investigate some cases. Members were informed that large strides had been made in improving timeliness and in creating a good working relationship with the Police Federation. However, officers were given a lot of leeway in arranging interview dates with DPS officers when Federation representatives and legal advisors could accompany them. This affected the time taken to complete investigations, particularly when numerous officers were involved in a complaint. The Chair noted that courts now took a far tougher line on adjournments than it had in the past, and whilst agreeing that a good working relationship with the Police Federation was important, a firmer line needed to be taken with officers who were slow in providing interview dates.

Resolved – That the findings be noted.

72. Morris Inquiry – Recommendation 34 – Operation Helios Review

(Agenda item 10)

The report of the Morris Inquiry included a recommendation that there should be “a full case review of Operation Helios which is independent of the MPS. The review should include examining the issue of race discrimination.” This report invited the Committee and the full Authority to decide whether to take any further action on that recommendation, having regard to the outcome of the Essex Police Investigation into complaints about Operation Helios and to the costs (financial and otherwise) of a further review.

Resolved – That the Committee recommend to the full Authority that no further action be taken on Morris recommendation 34.

73. Report (and presentation) from IPCC (oral report)

(Agenda item 11)

This item was taken after item 6. Deborah Glass, an IPCC Commissioner, gave a PowerPoint presentation to members entitled ‘The IPCC…three years on’. She began by informing members that, despite small resources, the IPCC had carried out 45 high profile independent investigations in the London and southeast region. The IPCC also managed some investigations carried out by police services, but that the majority were referred back to the police services to investigate. She informed members that she believed the IPCC needed to advertise its appeal remit to the public. She felt dispensations were a bureaucratic nuisance and the IPCC was appealing to Government to have the law changed on this. The IPCC timeliness in dealing with its caseload, the assistance given to borough commanders and the IPCC’s work with young people were also mentioned.

Following her presentation, the Commissioner stated that she welcomed joint working the MPA. The Deputy Chief Executive undertook to explore with her ways to strengthen this.

Resolved – That the presentation be received.

74. Directorate of Professional Standards restructuring

(Agenda item 12)

Following the implementation of the changes made as a result of its fundamental review, the DPS had undertaken a review of progress one year on. For the most part, the changes made have had a positive effect on the performance of DPS, but moving from a three command structure to one of only two commands has been identified as a means of further improving efficiency and effectiveness. This report briefly set out the rationale for the restructuring. Members were assured the diversity post would be filled in due course.

Resolved – That the changes in the management structure of DPS be noted.

75. Exclusion of Press and Public

(Agenda item 13)

A resolution was put to exclude the press and public from the meeting during remaining items on the agenda as it was 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.

76. Minutes of Professional Standards Cases Sub Committee (Part 2): 8 February 2007 and 15 March 2007 - To note

(Agenda item 14)

Resolved – That the minutes of professional standards cases sub committee (part 2): Thursday, 8 February 2007 and Thursday, 15 March 2007 be noted.

77. Deaths following police contact 2004- 2007 – Appendix 1

(Agenda item 15)

The Commissioner, IPCC, stated that the IPCC could produce an annual report on organisational learning from deaths following police contact. It was agreed that an annual report would be produced jointly with the DPS in April each year. It was further agreed that the DPS also produce a report around October each year to maintain six monthly reporting on this matter to the Committee.

Resolved – That the Committee revive a joint report written by the DPS and IPCC around April each year and a report written by the DPS around October each year.

78. Summary of suspended police officers as at 26 March 2007

(Agenda item 16)

The summary listed details of the police officers, PCSOs and police staff suspended from duty in March 2007. A member asked why three police staff had been suspended for over six months. The Professional Standards Office undertook to supply this information.

Resolved – That the summary contained in the report be noted.

79. Application for funding for legal representation

(Agenda item 17)

There were no applications for legal finding.

80. Additional oral items

(Agenda item 17)

In discussion following item 17, it was agreed a report on police tribunals should come to the next meeting of the Committee.

Members noted that they had not received a written decision from an ACPO officer in relation to a successful appeal against permanent suspension following a drink drive conviction. The Deputy Chief Executive undertook to request this in writing, but reminded members that the MPS had no power to require the written decision.

Resolved – That

1. a report be received in June on Police Tribunals; and
2. the Deputy Chief Executive undertook to request in writing the written decision from an ACPO officer in relation to a successful appeal against permanent suspension following a drink drive conviction.

The meeting ended at 4.15 pm

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