Member involvement in monitoring complaints

Report: 13
Date: 14 February 2002
By: Clerk

Summary

The Professional Standards and Performance Monitoring Committee (PSPM) have requested a report on member involvement in monitoring complaints.

A. Recommendation

That Members agree the recommendations outlined at paragraph 4.

B. Supporting information

1. Section 65 of the 1996 Act (as amended) makes the Commissioner the 'appropriate authority' for complaints against officers below Commander. However, section 77 of that Act requires the MPA to keep itself informed of the workings of the complaints system in the Metropolitan Police force. This means it must keep abreast of those cases in which it is not directly involved.

2. At present this involves visiting complaints units and reviewing a random sample of closed cases. Although this is a visible exercise of public accountability, it is not particularly constructive.

3. A workshop on 30 November 2001 discussed the statutory role of police authorities and the Association of Police Authorities (APA) and Metropolitan Police Service (MPS) perspectives of that role. There was a genuine concern by the MPS that member involvement in 'complaint' cases would potentially lead to legal challenges if a case reached a discipline or criminal hearing. Such a challenge would potentially undermine the future role of individual members.

4. Members felt that, whilst the visits to complaints units were useful, they needed to be more structured. With this in mind, it is recommended that:

• The MPS provide the latest Key Performance Indicators for the unit to be visited prior to the quarterly visit;
• The MPS provide information on any trends in the nature or number of complaints, e.g. length of investigations, prior to the visit;
• The Clerk considers how support could be provided before, during and after these visits to highlight trends/issues, to provide administrative assistance with recording information and to feed this back to other members. This would not be a simple form filling exercise;
• The Clerk considers how legal advice can be made available to members performing their statutory role or to those who receive unsolicited complaints or allegations from members of the public or serving police officers and civil staff. It follows that in all such cases, the Clerk must be informed in order that legal advice can be obtained;
• The Clerk considers what, if any, training members need in relation to their role or on issues such as ethics, diversity etc. This would include suitable budgetary provision;
• The Clerk and Treasurer consider if Internal Audit should be asked to conduct a 'process review' in order to ensure the proper processes, procedures and policies for the recording and handling of complaints are in place; and
• Members meet with the local Senior Management Team at least once a year to discuss complaints numbers and trends, remedial action being taken to deal with recurring complaint types, e.g. if there are a high number of 'oppressive behaviour' cases what action has been taken or is planned.

C. Financial implications

The financial implications will include reasonable expenses incurred by MPA staff and members. An assessment may need to be made of any necessary budgetary provision.

D. Background papers

None.

E. Contact details

Report authors: Alan Johnson, Human Resources, MPA.

For information contact:

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

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