Substance misuse

Report: 14
Date: 14 February 2002
By: Commissioner

Summary

This report sets out the current position on the development of drug testing within the MPS.

A. Recommendation

1. Members note the range of work that is currently being conducted on this topic;
2. Members be asked to support the MPS's continued participation in the work of ACPO Professional Standards and Police Advisory Board England & Wales (PABEW).
3. A further report be presented to the Committee in April 2002, which will include details of the decision reached by PABEW.

B. Supporting information

Background

1. The MPS developed a Substance Misuse Policy, which was published in April 2000. The policy was essentially one of supporting staff who requested assistance with their substance misuse concerns. The policy indicated that the MPS Directorate of Occupational Health (OH) would support their rehabilitation and that, in line with all consultations with OH, would remain confidential. Guidelines were also published for managers and staff.

2. At around the same time ACPO, via the Joint Working Group on Organisational Health, Safety and Welfare was also developing a Substance Misuse Policy and this was adopted by Chief Constables' Counsel in October 2000. It was largely based on the MPS policy. The ACPO policy mentions, however, that drug testing will be considered at a later stage. To date, 23 forces have fully adopted the policy or based their own policy on significant aspects of the ACPO Policy.

3. The Police Advisory Board (PAB) meeting in December 2000 considered the ACPO policy and an ACPO recommendation for consideration of changes to Police Regulations to enable drug testing to take place.

4. The Police Federation was resistant to any form of drug testing prior to the establishment of a clear business case, but the Superintendents' Association supported the proposal. PAB determined that a working group should be set up, to include representatives of the Federation and Superintendents' Association, to attempt to reach agreement on a series of protocols to identify how the introduction of drug testing in a range of scenarios could be progressed.

5. Three meetings of the working group, which included medical and other experts, took place and significant progress was made. However, there remains a significant difference of view between the Federation and the rest of the working group as to the way forward.

Summary of the report to PABEW – 24 October 2001

6. The report proposed that alongside the supportive policy on substance misuse which Chief Constables have agreed to adopt, regulations should be amended to provide a power to oblige a police officer to provide a breath or urine sample for the purposes of substance misuse screening. The report states that 'whilst a comprehensive regime can be put in place to support and assist those who come forward voluntarily, without some means of enforcement it leaves open the risk that individuals will continue to conceal a problem.

7. The report proposes a screening policy according to an analysis of the inherent risks of the posts to be filled. Early measures could include pre-employment screening, during probation training, post-incidents and screening for those appointed to high-risk posts, such as firearms and posts where regular medical examinations are required. A further expansion of screening would be likely to include any individual where there was cause to believe their performance at work was impaired by alcohol or drug misuse.

Result of PABEW 24 October 2001

8. PABEW decided to set up a working group, chaired by Mark Baker, Deputy Chair of PABEW. The working group's remit is to clarify the outstanding issues and explore the prospects for agreement.

9. At around the same time the ACPO Professional Standards Committee was also considering the vexed question of drug testing. As a result a small group was set up chaired by Deputy Chief Constable Kent Police to prepare a set of guidelines for chief officers on this topic. The MPS was invited to join the group and both the Directorates of Professional Standards and Occupational Health are involved.

10. These guidelines are being prepared to provide some corporate advice to chief officers who may have been considering the introduction of limited testing prior to legislative changes, which would be necessary to introduce random drug testing. It is anticipated that these guidelines will be finalised and presented to ACPO by the end of December 2001.

Issues

11. The MPS has introduced a supportive policy, which has been accessed by a small number of staff (police and civil). It now needs to consider whether it wishes to move ahead on aspects of drug testing, which do not require changes to legislation, or actively participate in the PABEW work to bring about an early decision.

12. Both the interim guidance and likely decision by PABEW are timed for late 2001/early 2002 (next meeting of the PABEW 24 January 2002). It would be inappropriate for the MPS to seek to pre-empt to make earlier progress, given the current stance taken by the National Police Federation and the uncertainty regarding new budgetary provision for the introduction of a testing regime. It is proposed to provide a further report to the Full Authority when the PABEW's decision is known.

C. Financial implications

The full financial implications of this report cannot be calculated until the recommendations have been made. Members will be appraised of any financial implications, when another a further report is submitted to the Committee in April 2002.

D. Background papers

None.

E. Contact details

Report authors: Linda Van den Hende, MPS.

For information contact:

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

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