Case management protocol

Report: 9
Date: 17 January 2008
By: the Chief Executive and Clerk

Summary

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

The Protocol, which was formally agreed in September 2005, reflects a recommendation of the Morris Inquiry. It applies to ‘live’ investigations undertaken by the Metropolitan Police Service (‘MPS’) in to public complaints or other allegations of misconduct against police officers and police staff. 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 the MPS 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 of the report.

B. Supporting information

1. The Case Management Protocol applies to the investigation of complaints or other allegations of misconduct against police officers or police staff. In order to enable the MPA to fulfil its monitoring role, the Directorate of Professional Standards (‘DPS’) supplies the MPA’s Chief Executive with a list of all current investigations.

2. Provision to the MPA of Investigating Officer Workload Analysis reports (‘IOWA’) continues. The report provides details of the number of “live” investigations for all DPS units and the Police Staff Discipline Unit (HR Practice Support Team).

3. When the IOWA report was received on 26 October 2007, 1,013 cases were reported as being under investigation. A total of 153 public complaints (compared with 216 as reported at PSCC on 13 September 2007) were reported to have exceeded the 120 days age profile, 104 of which were over 240 days old. A further 88 cases were reported as being between 91 and 120 days live [1].

4. As at 26 October 2007, the MPS total for live misconduct investigations over 120 days old amounted to 38 [previous total = 52] with a further 20 investigations exceeding 240 days old [previous total= 22].

5. The table in Appendix 1 contains breakdown of the number of “live” public complaints and conduct investigations currently being dealt with by DPS Investigations Command (‘IC’) excluding Specialist Investigations and Intelligence Command [Investigations into public complaints and conduct matters relating to police staff also do not feature in the table below but are referred to at paragraphs 8 to 12 of this report]

6. IC South West1 was previously reported as being the strongest performing borough support unit, in that it had the lowest number of complaints and conduct investigations that had exceeded the target time frame for completion. The unit has retained that position albeit that it now has the highest number of “live” investigations. This is as a consequence of IC South West receiving a referral of a public complaint from the IPCC, which included a total of 90 allegations against various MPS officers. The complaint has however already been reviewed and recording decisions taken; 43 allegations are currently the subject of a dispensation request.

7. IC North East has a significantly greater number of cases awaiting finalisation (i.e. where the investigation has been completed but the case is awaiting final checks) than the remainder of the MPS. As at 26 October 2007, 498 cases in IC North East were categorised as “pending”. When compared with other units within the Investigations Command, IC North East has more than double the amount of cases in the “awaiting finalisation” stage. This is impacting on the total number of cases, which are reported on IOWA as not yet finalised. Work is, however, reportedly in progress to address the disparity.

Investigation of Public Complaints and Conduct Matters against Police Staff

8. The Practice Support Team (‘PST’), which sits within the MPS HR Directorate has responsibility for the recording and monitoring of public complaints and conduct matters relating to police staff. The investigation of complaints against police staff is a devolved function, responsibility for which falls to local OCU managers.

9. At the last meeting, Members were informed that there were shortcomings in the reliability of case management data relevant to public complaints and conduct investigations against police staff and that over half of the complaints and conduct investigations had exceeded the target time frame for completion.

10. As at 17 August 2007, PST was responsible for 132 of the 216 public complaints, which had exceeded the 120 days threshold for completion. In the last two months, however, work has been undertaken to address the backlog by reviewing and, where appropriate, closing cases dating back to 2004 and 2005. This has resulted in PST reducing the number of outstanding complaints over 120 days old from a total of 132 to 91. However, whilst this represents a marked improvement on previous data, the current figure still equates to 68% of the totality of live cases, which PST is responsible for monitoring.

11. PST is also responsible for a total of 72 cases, which are over 240 days old (previously reported as 103 public complaints over 240 days old).

12. Further attention to the quality and accuracy of case management information relevant to complaints against police staff is however required. An example of errors in the data, being a recent entry on Tribune2 in relation to a public complaint of oppressive conduct involving a PCSO. Case management records show that the complaint was received in 2004 and was the subject of local investigation. Two dates have been recorded for the date of finalisation, namely 1 June 2004 and 15 October 2007. A further contradictory entry has been made against the latter date, which indicates that the case is at an initial stage in the complaints investigation procedures.

13. It has been agreed that consultation between the Director of HR and DPS should take place with a view to framing proposals for the more effective management of public complaints and police staff discipline cases. At the time of reporting, those discussions are yet to take place.

Response to MPA’s request for further information in respect of “live” investigations

14. In addition to reviewing performance data and complaints management information, the MPA has requested further details from DPS in respect of five “live” complaints investigations with age profiles varying between 508 and 289 days old. Reasons provided for why the investigations have exceeded the target time frame for completion will be reported in Part II of the meeting.

15. The latest sample of cases focuses on public complaints investigations for which Specialist Investigations (‘SI’) has responsibility.

16. 39% of all cases that SI is currently investigating are over 120 days old [total number of cases over 120 days old =23 with a further 8 cases over 90 days old]. SI handles public complaints and internal misconduct investigations, which are of a significantly more complex nature than those dealt with on borough or by other DPS borough support units. In spite of the complexity of cases handled by IC, the performance indicator remains at the same level as for all other complaints and conduct investigations.

C. Race and equality impact

1. The purpose of the Protocol is to ensure that individuals who are the subject of complaints 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. 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 arrangement increases 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: Claire L Lister, MPA

For more information contact:

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

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