Complaints management information

Report: 11
Date: 10 July 2008
By: Commander Directorate of Professional Standards on behalf of the Commissioner

Summary

This report includes data for the twelve months to May 2008. It focuses on the key changes or exceptions within the data, as trends are slow to change. The majority of figures used are based on twelve-month rolling averages, which ensure that the trends are less affected by natural variation.

A. Recommendations

That Members note the report and the illustration of trends in the report and the Borough performance information contained in Appendices 1 and 2.

B. Supporting information

Workload

1. There has been an increase of 7% in the number of public complaint allegations being recorded over the past twelve months from a monthly rolling average of 720 to 770.

2. The number of conduct matter allegations recorded over the same period shows a reduction; the monthly average has reduced by 3% to 87 per month on average.

Timeliness

3. The average number of days to complete a public complaint investigation remains below the threshold of 90-days. It has reduced to 68 days for the twelve months to May 2008, compared with 78 days for the preceding twelve months.

4. The proportion of public complaint cases over 90 days is 13%. We are not yet able to compare directly with previous periods as the target figure has been reduced from 120 days to 90 days, but overall it would appear that the numbers of cases is decreasing, as even with a more stringent target the percentage of cases falling below the required number of days has reduced from the figure at June 2007.

5. The average number of days to complete an investigation into a conduct matter remains below the threshold of 90-days. It has increased by 5% from 73 days in May 2007 to 77 days in May 2008, but is below the peak of 83 days in October 2006.

6. The percentage of conduct matters over 90-days was 31% at the end of May 2008. As with public complaints the target has changed and so we are not yet able to make direct comparisons with previous years.

7. The average number of days between the decision and the holding of a misconduct hearing or final disposal is now below the threshold of 100-days at 97 days in May 2008 an increase of 3% compared with the previous twelve months.

MPS/DPS Performance

Allegations Recorded

Allegations Recorded Public Complaints & Conduct Matters – Twelve Month Rolling Average

8. Chart 1 (see Appendix 4) illustrates both the ‘actual’ number of allegations recorded each month together with the twelve-month rolling averages. The rolling average smoothes out natural variation evident in the actual figures and is more indicative of the trends involved. Due to the process of recording allegations it is possible that the latest ‘actual’ monthly figure for May might be between 1.0% and 1.5% too low.

9. These rolling averages contain data for 24 months in total and cover the two periods June 2006 to May 2007 and June 2007 to May 2008.

10. There has been a 7% increase in the number of public complaint allegations recorded over the past twelve months from a monthly average of 720 to 770.

11. Over the twelve months to May 2008, the average number of conduct matter allegations recorded each month has stabilised at 87. This is 3% lower than the previous rolling twelve-month average (90 allegations). (See table 1 Appendix 4)

12. Failure in Duty allegations continue to be the largest allegation category at 36% of total allegations. This compares with 27% in both 2003/04 and 2004/05. However, the numbers appear to have stabilised and the percentage has decreased from 37% of the total in the twelve months to May 2007.

13. Oppressive Behaviour allegations that had previously risen significantly due to public order situations now appear to be on the decline as a proportion of the overall total. In 2004/05 they represented 38%, which reduced to 29% in 2005/06. They have been at a similar level since then and now represent 28% of total allegations.

14. Incivility allegations have also risen in numerical terms since the inception of the IPCC in April 2004 and have risen from 18% of the total to 20% in the latest twelve months.

15. Discriminatory Behaviour allegations have also risen from 45 in the previous twelve months to 54 in the latest twelve months an increase of 19%. However, as the numbers involved are small the increase may not be statistically significant.

16. Table 2 (see Appendix 4) illustrates the ‘actual’ number of public complaints recorded, against the MPS, over the period June 2007 to May 2008 converted to a per 100 officers figure. It is also broken down by allegation sub-type, and split into quarterly periods.

17. The table 3 (see Appendix 4) illustrates the numbers of allegations, per 100 officers, by type and whether a three-month period is significantly different from the MPS twelve-month average. In which case the figures above will be highlighted in red and the figures below will be highlighted in green. The MPS total number of allegations, per 100 officers, over the twelve-month period is also shown for comparison.

18. The latest quarter is significantly below the average for the year overall and also in five out of the seven allegation categories.

Timeliness - Public Complaints

Average days taken to complete full investigation & all other results (Twelve Month Rolling Average)
(See Chart 2 - Appendix 4)

Meeting Target - Investigating complaints within the 90-day threshold. (68 days)

19. The average number of days to complete a public complaint remained unchanged at 68 days in May 2008, below the threshold of 90 days.

Unchanged - A month on month reduction in the average number of days to complete an investigation (0% change on the previous month)

20. There was no change in the average number of days taken to complete an investigation in May 2008 (68 days).

21. This target must be balanced against the risk that excessive speed will reduce quality and thus frustrate any gain by encouraging the dissatisfaction of the complainant and subsequent appeal to the IPCC.

22. The work being undertaken by DPS in respect of the changes to legislation brought about by the Taylor Review will afford another opportunity to review these practices. Royal Assent has now been granted and the implementation throughout forces will be through negotiation between the Home Office and ACPO in the summer of 2008. Implementation is currently scheduled for November 2008.

Average Days Taken to Submit Dispensation Requests to the IPCC (Twelve Month Rolling Average)
(See Chart 3 - Appendix 4)

Missing Target - Submitting requests for Dispensations to the IPCC within a 60 day target (54 days)

23. Between June 2007 and August 2007, the average number of days taken to submit a dispensation request to the IPCC remained fairly static but has since declined and has been below the target since March 2008; it is currently at 54 days. The chart now includes the average days taken to submit discontinued cases, currently 67 days. As yet there is no comparative data.

 Average Days Taken to achieve a Local Resolution by Type – Desktop (Local) and Management (DPS) (Twelve Month Rolling Average) (Chart 4 - Appendix 4)

Missing Target - Average days taken to achieve a Local Resolution within a 60 day Target (51 days)

24. For January 2008 onwards we have been able to break down the timeliness of Local Resolutions into those carried out by a Borough or Operational Command Unit (Desktop) or those undertaken by management (DPS).

25. Since June 2007, the average number of days taken to achieve a local resolution by B/OCU remains fairly static varying between a maximum of 52 days and a minimum of 49 days. This is currently within the 60-day target.

26. Presently, we are building up the data for those local resolutions carried out by DPS the average days vary from a maximum of 100 in February 2008 to the present level of 90. It should be noted that in the vast majority of cases, such issues dealt with by DPS will have already have unsuccessful attempts made by the B/OCU to resolve them and they will already be in excess of the 60-day target when DPS receive them.

27. Analysis of local resolutions reveals that, in the twelve-months to May 2008, Boroughs themselves have achieved 56% of the local resolutions, the remaining 44% were by DPS staff. Although no formal targets have been set as yet, DPS objectives are for more allegations to be locally resolved by the boroughs. The proportion of local resolutions undertaken by boroughs has increased from 48% in the previous twelve months.

Missing expectation - A decrease in the percentage of public complaint cases over 90-days old. (1% increase on the previous month) (see Chart 5 - Appendix 4)

28. DPS continue to make efforts to reduce the percentage of public complaint cases that take more than a target number of days to conclude.

29. The MPA requested that target days be revised from 120 to 90 and system changes took effect from February 2008 to measure using the new 90 day target.

30. The chart shows cases over 120 days until January 2008. Thereafter the target changes to 90 days, which accounts for the apparent rise between January and February 2008.

31. The target measures month on month performance. May’s percentage was marginally higher than April’s, (13% compared to 12%).

32. However, this does not reflect the substantial reduction in cases over target days in the past year, from 24% over 120 days old in June 2007 to 13% over 90 days old in May 2008.
33. So, even with revised, more stringent, goals the percentage of cases exceeding the target has reduced significantly, the marginal rise between April and May 2008 from 12% to 13% accounts for the “missing expectation”.

Misconduct

Average days taken to complete an investigation (12 Month Rolling Average) (see Chart 6 - Appendix 4)

Missing Target - The average number of days to complete an investigation (77 against a 90 threshold)

34. The average number of days to complete a conduct matter investigation, illustrated above, remains below the threshold of 90-days. However, it has increased by 5%, from 73 days in May 2007 to 77 in May 2008.

Missing Target - A reduction in the percentage of conduct matter cases over 90-days old. (2% increase on the previous month). (see Chart 7 - Appendix 4)

35. Conduct Matters over 90-days have decreased from 33% to 31% in May 2008 (42 of 137 cases).

36. Cases that are the responsibility of DPS Borough Support have been illustrated on the chart, which shows that 31% of cases (33 out of 108 cases) that they are responsible for are over 90-days old.

Misconduct – Average number of days from decision to hearing or final disposal (Twelve Month Rolling Average) (See chart 8 - Appendix 4)

Missing target - Average days to reach Misconduct decisions (111 against 100 threshold)

37. The chart shows the average days from decision to hearing or final disposal over rolling twelve month periods. The 100 day threshold has been exceeded since December 2008.However, in the current month the average is 81 days.

38. The twelve month figures are distorted by a small number of cases passing through the system in recent months which have had IPCC involvement where the decision-making has been protracted. In December 2007 there were two cases involving the IPCC which took 355 and 335 days respectively.

External Partners – CPS Decision making

Average number of days from report to receipt of decision from CPS(Twelve Month Rolling Average)(see Chart 9 - Appendix 4)

39. The chart above, illustrates the timeliness of the CPS decision-making in respect of the Specialist Investigation work, such as Deaths Following Police Contact and Discharge of Police Firearms and the more routine complaint and conduct investigations of the Borough Support Units.

External Partners – IPCC Decision making

Average number of days from report submission to receipt of decision from IPCC (Twelve Month Rolling Average)( See chart 10 - Appendix 4)

40. The chart above reveals the average time taken for the IPCC to reach decisions in dispensation and discontinuance cases.

41. The chart 11 "Number of appeals made to the IPCC by type and outcome (Twelve Month Rolling Average)"  (see Appendix 4)  above shows the ‘average’ number of appeals made to the IPCC where a decision has been received from the Commission within the last twelve months. It illustrates the type of appeal being made and the validity of that appeal as determined by the IPCC.

42. The table 4 (see Appendix 4) illustrates the ‘actual’ number of appeals made to the IPCC where a decision has been received from the Commission within the twelve months to the end of May 2008 compared to the previous twelve months.

43. The number of appeals, receiving a decision by the IPCC in the last twelve months, has increased by 43% compared to the previous twelve months and the proportion that the Commission have upheld has risen from 15% of the total to 28% at the end of May 2008.

44. Upheld appeals have increased in respect of all categories but more so in respect of the ‘local resolution’ and ‘outcome of an investigation’. The term ‘upheld’ means that the IPCC have agreed with the complainant’s challenge to an MPS decision.

45. Further analysis has been conducted comparing appeal data from 2006 and 2007. The analysis revealed the following:

• It was not possible to establish the exact cause of the rises in appeals but potential contributory factors are; starting from a zero base in April 2004, marketing of the complaints system, increased familiarity with the processes by all involved, timing of appeals differing according to case outcome i.e. appeals relating to the ‘outcome of an investigation’ would take longer to appear in the system than those for ‘non-recording’ and finally the outsourcing of decisions to IPCC regional offices.
• The types of appeal lodged are broadly similar in each year but there has been a slight decline in the proportion made against ‘non-recording’ and a corresponding increase in those against the ‘outcome of an investigation’.
• There has been an increase in the number and proportion of ‘upheld’ appeals across all appeal categories particularly relating to the ‘outcome of an investigation’.
• In respect of ‘upheld’ appeals in ‘outcome of an investigation’ cases, the majority for which a ‘reinvestigation’ is required do not result in a variation of the result originally arrived at by the MPS.
• In respect of ‘upheld’ appeals in ‘non-recording’ cases, the majority are eventually resulted as either unsubstantiated or a discontinuance or dispensation is applied for. This is similar to what occurs in ‘upheld’ appeals relating to the ‘local resolution’ process.

Outcome Trends

Public Complaints Finalised allegation by result (Twelve Month Rolling Average) (See chart 12 - Appendix 4)

46. The average percentage of local resolutions stands at 31% for May 2008 and was 33% in May 2007. This remains considerably below the aspirational target of 50%. Whilst the proportions of the other outcomes affect this figure it is likely to remain low until BOCUs are able to take on more responsibility for the resolution of their own complaints and undertake lower level investigations.

47. There are however tensions between the desire to see more issues being dealt with locally e.g. Local Resolutions and the scrutiny DPS is under to improve timeliness. DPS investigators losing close control over a complaint being investigated/resolved on borough can adversely impact on their timeliness and the inclination is for them to recall the file and deal with it themselves.

48. The proportional increases in Dispensation applications and unsubstantiated allegations seem to be as a result of the reduction in those allegations previously not recorded as a complaint under the Police reform Act 2002.

Borough (BOCU) / Operational Command Unit (OCU) Performance – Public Complaints: Allegations and People.

49. At each PSCC members will be presented with a comparative analysis of public complaint data relating to groups of BOCU's in relation to MPS professional standards matters.

50. Like boroughs have been grouped together based on demographics and volume crime. Both of these factors are likely to affect complaints. Using these five family groups and converting ‘actual’ numbers of complaints recorded into a ‘per 100 officers’ figure enables more accurate comparisons to be made.

51. There is a further exception to this in what DPS have called Group 6, which consists of TP non-Borough based units and non-TP Operational Command Units.

52. The ‘actual’ figures appear in the Borough Support Management Information (BSMI) report, which is made available to the MPA as a separate document and which could be circulated to members if required by MPA officers.

53. This information provides a benchmark against which the Authority will be able to judge DPS’s Professional Standards Support Programme (PSSP) in the future by looking for variations in performance from this report to the next occasion the same family group appears.

54. The ‘results analysis’ for Hackney, having been a borough chosen a year ago to receive additional support under the PSSP, appears in Appendix 3.

55. Significant variations in the performance of each of the boroughs when compared to their peers are highlighted in red where the borough’s performance is higher than the family group average and green when it is lower. Variations could be for any number of reasons such as a particular operation/initiative being run on the borough or environmental factors such as the number of licensed premises, entertainment venues or shopping centres. The demographics in relation to both the resident and transient population and the length of service and experience of the officers concerned will also be relevant factors. Because a Borough or Command Unit is different from their peers does not automatically mean that they are worse.

56. It should be noted that, once the ‘per 100 officers’ element is introduced to the data, some of the numbers are small which makes it difficult to draw any significant conclusions from them.

57. The Professional Standards Support Program (PSSP) incorporates a ‘tasking’ and ‘review’ process whereby information in relation to public complaints, conduct matters, civil actions and accident claims are assessed in order to ascertain what intervention activities are most appropriate to assist the boroughs with. The borough requiring the most assistance will have a ‘profile’ compiled on it based on all the information previously mentioned but in greater detail by drilling down into the data to establish the exact nature and likely cause of the variation.

58. The Prevention & Organisational Learning Command (POL) will then work with the borough in question, through the PSSP process, to define an action plan that may bring the BOCU closer to the average of similar boroughs in their group.

59. The group of boroughs under focus for this period are from Group 3. The data and associated analysis is presented in Appendix 1.

C. Race and equality impact

Appendix 2 includes MPS data in respect of diversity relating to both complainants and officers that is compared against the family of Boroughs or Operational Command Units in focus.

D. Financial implications

None

E. Background papers

None

F. Contact details

Report authors: David Emmett, Performance Analyst, MPS, Andrew Campbell, Acting Detective Chief Superintendent, MPS

For more information contact:

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

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