Implementation of the Taylor Reforms

Report: 5
Date: 17 January 2008
By: Assistant Commissioner Operational Services on behalf of the Commissioner

Summary

This reports follows the regular updates that the PSCC have received on the development of the Taylor reforms and the preparations of the MPS for Implementation. On this occasion the interconnection between the Taylor reforms and Citizen Focused policing are set out together with some developing thinking on the roles needed to successfully implement this at a local level.

A. Recommendations

That

1. members note the contents of this report; and

2. consider if they support training for all ACPO in the new processes or a specified cadre

B. Supporting information

1. Appendix 1 contains the developing training needs analysis.

Progress since the last PSCC meeting.

2. Following the PSCC meeting on 15 November 2007, DPS launched the communication strategy with a series of briefings to its own staff followed by a 3 hour detailed briefing to the OCU Single Points of Contact who have responsibility for misconduct matters on boroughs. Representatives from the MPS specialist departments including the TSG also attended.

3. An intranet site was set up containing the material given to members at the last meeting. This included a newsletter and a series of frequently asked questions, which form the first instalment of the communication strategy. This went live on the 15 November and generated a great deal of discussion and numerous phone calls. The second set of FAQs has now also been produced and on placed the intranet site.

4. Consultation has been undertaken with the Federation and with the Staff support groups including a presentation to the Samurai group. As a result, additional dates have been set-aside in January to discuss the concerns of individual staff associations. An invitation has been extended to the Federation to provide a representative to join the DPS project group to ensure openness and cooperation in making these new procedures work.

5. At the point of writing this report (15 December) the detailed guidance from the Home Office has still not been produced – despite having been promised in October.

6. In January DPS commence a series of briefings for all OCU commanders and senior TP staff focusing on “what does it mean for you” to personalise this to their own commands. This is seen as a key component as it will require each OCU to work out how to embed local misconduct management into their routine business. A series of options are being prepared from the working examples at Enfield and Camden to provide a starting point.

Taylor and Citizen focused policing

7. A key element of Citizen Focused policing is the ability to correct a bad experience, if needs be apologise and deal swiftly with any issues. Invariably the person complaining does not want the officer sacked or even disciplined – they either want an explanation or else the correct action undertaken.

8. The Taylor reforms, if the guidance when produced remains unaltered, provide a real opportunity for an officer receiving information about poor performance to step back and make a considered decision. The officer is encouraged to undertake a brief fact finding exercise to establish the issues to be resolved. Such fact-finding may include speaking to the officer concerned. It is only when this is done that the officer can consider not only if this is indeed misconduct but also at what level. There may well be instances where the alleged behaviour is at such a level that even if proved it would not merit a management meeting and a sanction at the level of a written warning i.e. low level incivility. The officer may determine that Local Resolution is the correct response and stick to that even if the complainant disagrees. No further investigation would be needed. This would mean that the process is behaviour, rather than complainant driven – a real and welcome step forwards. It will encourage officers to admit mistakes and accept they could do better rather than automatically seek to defend a misconduct allegation. One significant risk is if the IPCC adopt an investigation led approach, supporting appeals against a police refusal to investigate, which would effectively negate all the opportunity for early resolution.

9. To move towards a situation where a complaint is seen as “customer feedback” rather then an attack is very much a positive. Detailed discussion will be necessary with the IPCC to ensure this opportunity is seized – not squandered. This discussion will take place with the Regional Director.

Changing roles

10. With the emphasis on more misconduct being dealt with locally there will in due course be a possibility for resources to be moved from DPS to support the OCUs with this function. This will not be within the first 8-12 months of the commencement as the legislation is not retrospective so that DPS will be running a twin track process with all the resource issues during that period.

11. If devolvement of staff ever becomes a possibility, a DPS member of staff could be attached to each OCU as the Professional Standards Champion. This would provide continuity of decision making and ensure that one of the greatest concerns - geographical decision making -would not occur. As these staff would be owned by DPS they could be called back on a monthly basis for training, dissemination of best practice and problem solving. This would also provide an opportunity for Tribune to be updated locally thus ensuring complaints data was up to date and accurate. The number of additional licences would in this manner be kept to a minimum, as would the cost.

12. At present, DPS Borough Support Units deal with 73% of all cases (this equates to 74% of all public complaints and 67% of all conduct matters). The remainder are dealt with by B/OCUs. Under the new legislation the devolution of workload will change from about 70% (DPS) and 30%(B/OCUs) to about a 50%/50% split. Clearly this impacts upon the role of Borough Support Unit Staff and a reduction of DPS workload. DPS will continue to deal with Gross Misconduct, Anti Corruption and Specialist Investigations.

13. If each case took eight hours to resolve then this equates to 1590 days effort. This would equate to eight staff at 220 days per year. If each case took two days or 16 hours then the work transferred would equate to 16 staff. Such “freed” staff time within DPS would initially oversee and support the proposed reforms and sustain operational resilience during the transactional phase (from summer 2008 to summer 2009). DPS anticipate that resources may be released throughout financial year 2009-10, once a review of the project and reforms have been conducted. It is vital that the DPS capacity to deal with corruption and critical incidents is not reduced.

14. Early work by the project team has identified support from OCUs to have a DPS staff member attached to them to provide expert advice and guidance. This role could also assist with Civil Actions preparation and feeding back learning the lessons. Ongoing work is establishing exactly what the role would do and how it would be funded. There is clear support for a full time professional standards presence on OCUs, owned by the DPS but working principally to the OCU Superintendent who would take the mantel as the Professional Standards Champion. Professional standards and citizen focus is a full time commitment and not a bolt on.

ACPO Training

15. The role of the ACPO presiding officer will change considerably with the new procedures. The presiding officer will have involvement with the case at an early stage and effectively make the decisions of who will be called as witnesses and how the hearing will be run prior to the hearing date. This is very much like the role of an examining magistrate or even a coroner. Consideration will have to be given to legal argument and fairness at all stages and the level of support required from the Misconduct Office will be significant.

16. At present, all bar four commanders are trained to undertake the role of a presiding officer. The DPS has provided a 2-day training course facilitated by barristers to provide a realistic and immersive training environment. The feedback from the course has been universally positive.

17. The ACPO training element will have to be re-written to ensure it reflects the changes in terminology and also takes account of the early involvement, justification of decisions and recording thereof. The issue to be decided is how many of the ACPO will require training. If it is the intent of the MPA that every ACPO should share the responsibility for maintaining professional standards then 30 commanders and DACs will need to be trained. This has a potential non-residential cost of £500 per person. This sum is derived from the need for a specialised 1 day legally based training package. It is acknowledged that is somewhat of a “ball park” figure it being difficult to effectively cost any proposal when the guidance is not yet finalised and the lists of preferred trainers and available course have yet to be published.

18. An alternative is to reduce the pool of trained ACPO and create a cadre. This is cheaper and would also potentially have greater consistency. The more frequently a particular role is undertaken the less likely for variation. A cadre of eight, with two “on call” in any given week would be sufficient for present and projected needs. Liaison with ACPO and the MPA to discuss this further will be required. To provide a guide as to the amount of coverage needed, there were 60 misconduct hearings in the past year. These were presided over by 23 separate ACPO and the total amount of ACPO time used was 84 days. The vast majority of cases were of one day. That will of course change slightly in that each case will need at least two days (or half days depending upon complexity and plea) – one of which will preparation and direction.

Training for local managers

19. This is the key training and needs to be of high quality. Provisionally DPS are aiming to train 240 staff to enable four from each OCU to receive detailed training. This will encompass attendance management and unsatisfactory performance as well as arranging and handling a misconduct meeting.

20. This training can be delivered in a two-day non-residential course on MPS premises – the most likely and suitable venues being the sports clubs. DPS will have the ability to train up to 30 persons at a time and so could deal with the training in eight sessions. The limit on 30 per session is because the training will be interactive and task based and each individual needs time during that day to be the decision maker. A notional budget of £12k has been set aside for this training to cover hire of premises, food and if necessary external advisors.

21. It is the view of DPS and those we have consulted that the success of the new system will depend on the quality of these staff and the training that is given to them. OCUs will be asked to provide the names of those they wished trained and to consider at the same time the rank / grade / race and sex of those representatives to ensure confidence in their local processes.

C. Race and equality impact

Consultation has already been undertaken with the Samurai group and two days have been set-aside in January to deal with the specific concerns of each organisation. The new system seeks to be open and fair and the staff associations have asked that guidance is given to OCUs on the selection of those staff who will run misconduct meetings, to ensure the diversity mix on the OCU is stressed.

All outcomes will be monitored through Tribune and the MPS will thus be able to check on consistency and the effects at a local level of decision making.

D. Financial implications

At the present time DPS has within the 07/08 budget set aside £100k to fund the Taylor change. It is projected that only £25k will be used within this financial year – principally in preparation of training and booking of venues. As a reserve if not permitted by investment board, a fresh allocation will be required in the 08/09 budget of not les than £75k to fund the actual training delivery.

E. Background papers

None

F. Contact details

Report author: Andrew Campbell, Detective Superintendent

For more information contact:

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

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