Minutes

Minutes of the Professional Standards and Complaints Committee of the Metropolitan Police Authority held on 15 November 2007 at 10 Dean Farrar Street, London SW1H 0NY.

Present

Members

• Reshard Auladin (Chair)
•  Tony Arbour
• Elizabeth Howlett
• Jenny Jones
• Karim Murji
• ohn Roberts
• Richard Sumray
• Rachel Whittaker (from items 7)

MPA officers

• David Riddle (Deputy Chief Executive)
• Doug Lewins (Policy Development Officer, Equality and Diversity)
• Clair Lister (Professional Standards Officer)
• Ruth Hastings Iqball (Committee Services)

MPS officers

• Darren Bird (T/Assistant Director Practice Support Team)
• Andrew Campbell (D Superintendent, DPS)
• Paul McGregor (Superintendent, DPS)
• Stuart Osborne (Commander, DPS)

34. Apologies for absence

(Agenda item 1)

Apologies for absence were received from Damian Hockney. The Chair introduced Derek Bradon, Regional Director, IPCC, to the meeting.

35. Declarations of interests

(Agenda item 2)

No declarations of interest were received.

36. Minutes of Professional Standards and Complaints committee: 13 September 2007

(Agenda item 3)

RESOLVED - That the minutes (Part 1) of the Professional Standards and Complaints Committee held on 13 September 2007 be confirmed and signed as a correct record.

37. Minutes of Professional Standards Cases Sub Committee (Part 1): 13 September 2007; 20 September (Special); 25 October 2007 (Special) – To note

(Agenda item 4)

RESOLVED - That the minutes of Professional Standards Cases Sub Committee (Part 1): 13 September 2007; 20 September 2007 (Special) and 25 October 2007 (Special) be noted.

38. Reform of police misconduct procedures

(Agenda item 5)

Members received a report providing them with the current position regarding the introduction of the forthcoming Police (Conduct) Regulations, 2008 & Police (Performance) Regulations, 20080. The new Regulations would introduce three elements: a new national Standards of Professional Behaviour, the re-introduction & re-invigoration of the Unsatisfactory Performance management regime and new procedures for addressing Misconduct in the Police Service. The Directorate of Professional Standards (DPS), on behalf of the MPS, had established a project team to address the issues and assist in the implementation of the legislation. Copies of the Taylor Newsletter and a question and answer sheet on the Taylor Project would be circulated to members after the meeting.

The Chair asked about training, he was told that it was intended that every OCU should have three members of staff trained to a high level to ensure consistency. Members were concerned about the use of Assistant Commissioners’ (ACs’) time and felt the full Authority might not be the right place to bring the business case. They were informed that that under the new guidance hearings would be chaired by officers of ACPO rank not ACs. The Directorate of Professional Standards (DPS) would guided by the Authority as to the correct committee to bring the Business Case.

The Chair asked the IPCC representatives present their views. Members were told that the IPCC was not driving the Taylor reforms. It was noted that the IPCC would be briefed on the MPS’s reform programme in December.

RESOLVED - That

1. the implications for the MPS of the new police misconduct procedures and the impact of this legislation upon the managing of MPS police officers be noted; and

2. the progress made to date with the implementation to introduce changes to the new police misconduct procedures in spring/summer 2008, subject to legislative timetable, be noted.

39. Measuring the consistency of sanction - police staff

(Agenda item 6)

This report provided management information and statistical data in respect of members of police staff who found themselves subject to discipline. Specifically, it focused upon those cases where a finding of guilt had been proven against an individual and a subsequent disciplinary sanction imposed. It also addressed issues of diversity and proportionality.

Members noted that the slight overrepresentation of females who had been dismissed could be attributed to female staff failing to return to work following a career break or period of extended unpaid leave, however they questioned why more black and minority ethnic (BME) staff were disciplined. Members also asked if training on gender bias was given. Members noted that a disproportionate number of discipline cases related to police community support officers (PCSOs) recruited pre 2005. They were informed that there had been a drive to recruit and train the first PCSOs quickly. In the light of this experience, the recruitment process, vetting and training had been improved.

It was noted that the Practice Support Team encouraged discipline boards to refer to the outcome database before deciding upon disciplinary sanctions, an approach that had led to greater consistency and proportionality of sanction across the MPS for police staff. Such advice was only referred to when each case had been concluded. The DPS had a similar system. The Commander, DPS, added that the Human Resources Directorate now had some full time investigators, so its discipline processes as far as possible mirrored DPSs.

The Chair requested the next report, to be received in six months, provide more information on how disproportionality issues were being dealt with. It was noted that the report had no financial implications. The MPS undertook to provide this in the next report.

The Professional Standards Officer asked for further information about computer misuse. She was told that more guidance had now been issued to officers and police staff as to what constituted computer misuse. Presentations had been provided to some staff and managers were being provided with the tools to look for computer misuse.

RESOLVED - That

1. the report be noted; and

2. the next report contain more information in relation to disproportionality and what was being done to prevent it.

40. Complaints management information

(Agenda item 7)

Management information for the 12 months to September 2007 was received. It focused on the key changes or exceptions within the data, as trends were slow to change. The majority of figures used were based upon 12-month rolling averages, which ensured that the trends were less affected by natural variation. There has been an increase of 4% in the number of public complaint allegations being recorded over the past 12 months. The number of conduct matter allegations recorded over the same period showed only minor variation . The percentage of conduct matters over 120 days reduced to 27% in September 2007, after an upward trend over previous months. The average number of days to complete a public complaint investigation and the average number of days to complete an investigation also remained below the threshold of 90-days. The average number of days between the decision and the holding of a misconduct hearing or final disposal was below the threshold of 100-days.

Members asked about the disparity in performance data issues the day before by the IPCC and the figures provided by the MPS. The DPS attributed this to the use of different counting periods. At the last meeting it had been agreed that the IPCC and DPS should met to discuss such matters. The Chair suggested this meeting should be held as soon as possible.

Appendix 1 contained data relating to Borough Command Unit performance in relation to BOCUs in family group 1, namely Enfield, Hounslow, Redbridge, Harrow, Hillingdon and Barking & Dagenham.

It was noted that Enfield had the highest number of complaints, this however could be attributable to the BOCUs high ethical and recording standards, which encouraged the recording of all complaints. The Chair suggested this needed to be explained carefully, otherwise BOCUs and OCUs would be discouraged from recording complaints.

Members were informed that the MPA and MPS would be doing some evaluation of local resolution, by contacting members of the public who had experienced local resolution.

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

41. Directorate of Professional Standards Organisational Learning

(Agenda item 8)

Members received a report informing them that DPS - Prevention and Organisational Learning Command (DPS - POL) had made considerable progress in capturing recommendations on Tribune for organisational learning. The report contained specific illustrations of organisational learning arising from investigations and information on the development of an MPS Corporate Model.

The Commissioner, IPCC, praised the work related, particularly that which minimised deaths in custody. The Chair requested that copies of recommendations arising from IPCC investigations made to the MPS be sent to the MPA, to assist it in its scrutiny of the MPS.

RESOLVED – That

1 the contents of the report and the proposed Corporate Model in respect of sharing learning across the organisation be noted; and

2. members contribute to the on-going consultation process.

42. Update on the supervision of the granting of dispensation following police activation of safety cameras

(Agenda item 9)

The Committee received a report setting out the findings of a review undertaken by the DPS into its supervision of safety camera activation by police vehicles and how that supervision can be improved.

In answer to questions members were assured this was a robust system and would be reviewed after year. It was noted that the review came out of an article in a national newspaper. Members asked if the paper would be informed of the review. They were informed that Directorate of Public Affairs were aware of the review, but the newspaper had not been informed. Jenny Jones undertook to contact the paper.

RESOLVED – That the arrangements put in place improving the supervision of dispensation requests from officers subject to the activation of safety cameras whilst on duty be noted.

43. Equality objectives of MPA Committees

(Agenda item 10)

A report was received setting out the equality objectives relevant to the work of the Professional Standards and Complaints Committee. The specific objectives detailed in this report would, in conjunction with the objectives and workings of other MPA committees, solidify the MPA’s commitment to equality and were intended to demonstrate that the MPA was fulfilling its statutory and policy obligations in this area and would assist the MPA to move through the levels of the Equality Standard for Local Government.

RESOLVED – That the recommended equality objectives be agreed, subject to confirmation by the full Authority.

44. Case management protocol update

(Agenda item 11)

The Committee received a report providing members with an update on the operation of the Case Management Protocol. Due to time constraints consideration of the report was deferred to the next meeting when a further update would be submitted.

RESOLVED – That consideration of the report be deferred to the next meeting when a further update would be submitted.

45. Exclusion of press and public

(Agenda item 12)

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.

46. Case management protocol update (oral discussion to be continued form item 11)

(Agenda item 13)

Discussion of the report was deferred to the next meeting when a further update would be submitted.

47. Measuring consistency of sanction - police officers

(Agenda item 14)

This report updated members with the outcomes of misconduct hearings during the preceding 12 months and also the results of Assistant Commissioner reviews and Police Appeals Tribunals. It also highlighted the structures with DPS to ensure consideration of outcome at an early stage and the monitoring that occurs.

Members were informed of how the number of disciplinary hearings had been reduced in cases where the outcome was likely to result in dismissal. Members noted that the training now given to AC’s was now reflected in the outcomes of reviews and that Police Regulations offered no sanction between a requirement to resign and loss of thirteen days pay; reduction in rank being only option when the officer was a sergeant or above.

RESOLVED – That the summary of information contained in the report be noted.

48. DPS strategic intelligence assessment - “off duty behaviour ”

Agenda item 15)

This report identified the current position with regard to three critical aspects of police officers conduct, primarily as it related to ‘off duty’ behaviour. The DPS Strategic Intelligence assessment, undertaken in August 2007 had identified substance misuse, alcohol & alcohol related incidents and domestic incidents as having the potential to contribute to a failure police standards. Members received a report explain how it was dealing with such a potential. Due to time constraints discussion of the agenda item was deferred to a later meeting.

RESOLVED – That the discussion of this item be deferred to a further meeting.

49. Civil actions against the MPS

(Agenda item 16)

In August 2007, DPS Performance Analysis Unit provided data on civil actions and accident claims received by BOCUs for the financial year 2004/05, 2005/06 and 2006/07. This report contained updated information and comparison data with the most similar force group i.e. West Yorkshire, West Midlands, Merseyside and Greater Manchester. Due to time constraints discussion of the agenda item was deferred to a later meeting.

RESOLVED – That the discussion of this item be deferred to a further meeting.

50. Summary of suspended police officers as at 11 October 2007 

(Agenda item 17)

This report contained details of police officers and police staff suspended from duty as at 11 October 2007. Due to time constraints discussion of the agenda item was deferred to a later meeting.

RESOLVED – That the discussion of this item be deferred to a further meeting.

51. Minutes of Professional Standards Cases sub committee (Part 2): 13 September 2007, 20 September (SPECIAL), 25 October 2007 (special) – To note

(Agenda item 18)

RESOLVED - That the minutes of Professional Standards Cases Sub Committee (Part 2): 13 September 2007; 20 September 2007 (Special) and 25 October 2007 (Special) be noted.

The meeting ended at 4.30 pm

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