Committee Workplan 2008-09

Report: 13
Date: 10 July 2008
By: the Chief Executive

Summary

A draft workplan for the Professional Standards and Complaints Committee for 2008-09 is attached for endorsement by Members.

A. Recommendations

That subject to Members’ comments, the workplan for 2008-09 be endorsed.

B. Supporting information

1 Attached at Appendix 1 is a proposed work plan for the Professional Standards and Complaints Committee for 2008-09. The plan is not final and may be subject to revision in forthcoming months.

2. As remarked upon by HMIC in “Raising the Standard” there is a potential that stakeholders will duplicate each other’s monitoring and oversight responsibilities. The MPA is mindful of this and in the forthcoming year will continue to encourage debate about the interplay between different assessment regimes and stakeholder scrutiny and activity.

C. Race and equality impact

1. The fairness, responsiveness and proportionality of the Service are core to the work of this Committee. The MPA intends to develop further our monitoring methods, and the level of stakeholder consultation, in the year ahead to ensure that the MPA’s commitments in relation to equality and diversity are taken forward in all the work that we do.

2. Report authors will be required to continue to properly reflect the diversity implications and equalities impact of any proposals presented to MPA committees.

D. Financial implications

There are no direct financial implications contained in this report.

E. Background papers

None

F. Contact details

Report authors: Claire L Lister, MPS

For more information contact:

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

Appendix 1

Professional Standards & Complaints Committee - Draft Work Programme 2008-2009

The following comprises a series of suggested items suitable for inclusion in the 2008-09 programme of work:

MPS Complaints Management Information

1. At each PSCC meeting, Members receive a report from the Commander of MPS Directorate of Professional Standards, on behalf of the Commissioner, which provides performance information in relation to public complaints and conduct matters. Variations in borough performance are highlighted in that report.

2. Whilst provision of this information is required to enable the MPA to fulfil its responsibility for oversight of public complaints, the MPS has asked that the new committee review the performance measures to determine which data is required at each committee. The MPS have suggested that greater emphasis be placed on exception reporting.

3. Subject to receiving committee approval, a revised method of reporting could be trialed at the next PSCC meeting.

DPS Strategic Intelligence Assessment (SIA)

4. DPS undertake a Strategic Intelligence Assessment to identify professional standards issues relevant to the MPS and control strategy priorities. Since 2004, PSCC has received a report at each committee detailing work undertaken in responding to control strategy priorities.

5. The SIA for 2008-09 has been reduced to the following two strands: Taylor misconduct reforms and Intelligence -- the latter strand incorporates the control strategy for information misuse, professional conduct etc.

6. From September 2008 onwards, each PSCC meeting should include a report, which includes an update on the Taylor reforms and a separate update on intelligence in respect of threats to the service and details of preventative action.

Summary of suspensions and restricted duties

7. In the past 24 months, the suspensions list has reduced significantly, particularly in terms of long-term suspensions.

8. The issue of suspensions and restricted duties continues to be appropriate for MPA oversight. However, in view of the significant decrease in numbers of officers subject to suspension and evidence of the MPS having in place a more rigorous process for the management of suspensions and restricted duties, in the next committee cycle it would be appropriate for the committee chair to consider whether the report should continue to appear as an item on each PSCC agenda.

Professional Standards Support Programme

9. The Professional Standards Support Programme (PSSP) is in its second year of operation. Having already visited boroughs within each of the family groups during 2006-07, DPS are now in the second round of borough visits.

10. From 1st November 2008, principal responsibility for complaints handling and dealing with lower level misconduct will transfer to boroughs for resolution at a local level. As a consequence there will be a shift in the degree to which borough commanders have ownership of professional standards matters. Whilst DPS will continue to work with boroughs through PSSP, borough commanders will have greater responsibility for the professional standards of officers and staff operating their borough.

11. The PSCC chair will, as part of this 2008-09 programme of work, need to agree a procedure by which borough commanders are directly accountable for performance on professional standards matters. This could be achieved by implementing one or more of the following:

1. Agreeing with MPS management board that the Commissioner receive six-monthly or annual reports from all borough commanders on professional standards matters including complaints handling and resolution of breaches of the code of conduct. An annual report from the Commissioner, which captures the detail of individual responses, could be presented at PSCC, COP or Full Authority.
2. Increasing the role of link members i.e. encouraging members to meet on a regular basis with their borough comanders to discuss borough performance in dealing with professional standards matters (to date the link member role has not operated effectively inspite of repeated requests being made for increased link member engagement on professional standards matters).
3. PSCC could itself request written or oral reports from individual borough commanders in respect of professional standards matters for presentation at PSCC meetings.

Deaths following police contact

12. This should remain high on the PSCC agenda to ensure that the MPS remains committed to reducing risk and improving organisational practices.

13. Police related road traffic incidents resulting in death or serious injury increased in 2007-08. Consideration should be given by the PSCC Chair to include within the 2008-09 workplan a specific report from DPS and MPS HR Directorate on MPS driver safety training and details of initiatives taken to reduce the number of road traffic fatalities or injuries.

MPS organisational learning

14. Work commenced in 2007-08 to monitor the MPS’s response to recommendations made by the IPCC for organisational change. Continuing assessment of the effectiveness of mechanisms within DPS to collect, analyse, communicate and implement organisational learning specific to professional standards matters is required. Further work by PSCC to ensure that proper monitoring arrangements are in place is necessary. The MPA also has yet to agree with the IPCC an arrangement whereby the Commission provides early notification to the MPA of the recommendations it is making to the MPS for organisational changes to practice.

15. Whilst DPS has indicated a willingness and ability to provide PSCC with details of changes made to DPS practices in response to IPCC recommendations, DPS are however unable to account for organisational responses to recommendations made which fall into other business areas. Consideration should therefore be given to including within other MPA committee work programmes oversight of MPS response to organisational learning and implementation and compliance with IPCC recommendations

Outcome of review of DPS core business practices following consultation with Prof Jim Saker, Business School, University of Loughborough

16. This report should have been provided to PSCC as part of the 2007-2008 work programme. However, due to the on-going programme of work undertaken by DPS in consultation with Professor Saker a report on changes to business practices will not be available until Autumn 2008.

17. This should therefore be included as an item within the 2008-09 programme of work.

Direction and Control

18. In accordance with Home Office Guidance a report should be presented at least once a year to enable the MPA to fulfil its oversight responsibilities in respect of the operation of the Direction and Control Register and MPS response to quality of service complaints.

Applications for funding for legal representation and authorisation of requests for settlement of civil claims

19. MPS requests for MPA approval of funding and settlement of claims should continue to be a standing item on each committee agenda.

IPCC annual presentation of complaints data

20. The IPCC is responsible for the collection and presentation of national statistics for complaints and discipline in England and Wales.Annual statistics on complaints are published annually. Since 2006, the IPCC has presented its findings and discussed data from national forces at a meeting of the Professional Standards and Complaints Committee. PSCC members are invited to continue this practice as part of the 2008-09 programme of work.

MPA Reports : Case Management Protocol and Dip Sampling of Public Complaints

21. In 2007-2008, the dip sampling of MPS’ closed complaints files was lacking. To avoid a recurrence of this situation and in order to refresh working practices in 2008-09, the MPA’s Professional Standards Officer has discussed with the Director of DPS how this situation might be resolved taking account of the current level of resources within the MPA’s Professional Standards Unit.

22. DPS have offered to provide an officer who will act as a single point of contact with whom officers within the MPA’s Professional Standards Unit can liaise in order to progress case review work, not only in relation to closed public complaints, but also the review of live investigations.

23. The outcome of all review work and recommendations made for improvements in MPS’ complainats handling will be reported to committee on a regular basis.

24. In addition, arrangements have been made with the IPCC to attend a quarterly meeting of Senior Investigating Officers. The purpose of which will be to discuss issues arising from the MPA’s review of live complaints investigations. This will enhance the work that the MPA has so far undertaken in fulfilment of the case management protocol (a recommendation of the Morris Inquiry).

MPA Equalities Objective

25. All committees of the MPA are required to demonstrate their compliance with duties placed upon them by equalities legislation and policy. As part of the 2007-2008 work programme, PSCC adopted as one of its objectives continued monitoring of the way in which the MPS manages conduct and discipline matters particularly in relation to black and minority ethnic officers.

26. In 2008-09, PSCC should continue to fulfil its equality objectives, the purpose of which will be to ensure that individuals who are the subject of public complaints and conduct matters are treated consistently and proprtionately.

27. Monitoring equalities data relevant to complaints and conduct matters relating to police officers and police staff will continue through the established MPA performance framework.

Recommendation for changes to working practices and nature of agenda items:

28. During 2007-08 the PSCC work programme absorbed an ever-increasing number of items which require reports from the MPS HR Directorate.

29. Whilst the interconnectedness of working practices between the HR Directorate and the Directorate of Professional Standards is to be encouraged, proper consideration should be given to the impact that this has had on the size of the PSCC work progamme. The PSCC agenda for each committee meeting has become weighty. This has impacted upon the amount of time available at committee meetings for Members to rigourously hold DPS to account and hence make a real and valuable difference to working practices.

30. In order to provide some redress and reduce the size of the PSCC agenda, strong consideration should be given to transferring the majority of business on HR matters to the HR Oversight Committee eg FAW’s, ET’s, business interests.

31. This does not mean that the MPA should lose sight of the commonality between the Directorate of Professional Standards and the Directorate of Human Resources. Consideration should therefore be given to commissioning joint reporting from the two directorates, for example, in relation to complaints handling and discipline (disciplinary cases involving officers and police staff).

Report Author: Claire L Lister

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