Policing UK 2013 - Police Federation

THE POLICE REFORM PROGRAMME
“Independence is about the value
and culture of an organisation, not
just the background of its staff.”
It has increased the number of
independent investigations, to around
150 a year. They are usually complex and
difficult cases, requiring the collection and
collation of large amounts of evidence.
IPCC staff have the powers of a
constable in such cases, and therefore
powers of arrest if a criminal offence
may have been committed. It can pass
cases to the Crown Prosecution Service
(CPS) to consider criminal prosecution
and can recommend or direct disciplinary
action; although it cannot determine the
outcome of those proceedings. In 2011-
12, the IPCC referred 46 cases to the CPS
resulting in 14 criminal prosecutions so far.
In the same period, we determined that
there was a case to answer for misconduct
in 55 cases.
Equally importantly, the IPCC has
used the findings of investigations to
ensure that lessons are learned across
the police service, publishing regular
bulletins. This has helped achieve safer
detainee handling, safer procedures for
police pursuits, and better protection
for victims of domestic violence. The
number of deaths in or following police
custody reduced by more than half
between 2004 and 2011-12.
Lacking essential powers
The IPCC has indicated that it lacks
resources to undertake more independent
investigations and that this is an issue
of concern to the public, particularly in
allegations of corruption. It also lacks
some essential powers: for example
over contracted-out staff carrying out
policing roles; in relation to obtaining
information from third parties; and being
able to compel officers to attend interviews
following death or serious injury during or
after police contact.
In addition to that, the IPCC deals
with around 7,000 appeals from people
who are unhappy with the process or
outcome of their complaint, or who
claim that their complaint has not
even been recorded. In 2011-12, we
upheld 60 per cent of non-recording
complaints, and 31 per cent against local
investigations. The number of appeals,
and the upholding rate, has been rising
year on year, even though the number
of complaints recorded by the police
has remained stable. There is therefore
clearly something wrong at the front end
of the system.
Since the great majority of complaints
are dealt with locally – as the legislation
intended – this is of considerable
concern. Police forces locally investigated
28,000 complaints last year, but there are
considerable discrepancies between forces
in relation to the number of complaints
recorded and the percentage upheld.
There is no simplistic conclusion to
be drawn from these figures – forces that
record and uphold more complaints may
well be those that are more accessible to
complainants, and more ready to admit
mistakes.
Part of the problem with the complaints
system is that it too rapidly becomes a
search for blame, rather than focusing on
the right outcome. The Police Reform and
Social Responsibility Act is an opportunity
to change that approach – and our
statutory guidance to forces will emphasise
the need to see complaints as expressions
of dissatisfaction, that need to be resolved
as soon as possible. But it is also a risk, in
that some appeals in less serious cases will
be dealt with by forces themselves, with
the possibility of increasing inconsistency
and reducing IPCC oversight.
An altered landscape
For that reason, the IPCC is looking at
ways of increasing its proactive work to
monitor the way the police themselves
handle complaints, and has already piloted
this in examining race allegations against
the Metropolitan Police.
The advent of the new police and
crime commissioners will alter the
landscape of policing. They have no role
in dealing with complaints about police
conduct, but it will be very important
for them to be provided with evidencebased
information about the themes and
concerns that arise from complaints and
that reflect the engagement between
the police and the citizen. They can
play an important role in ensuring that
recommendations are implemented and
lessons learned.
In an increasingly challenging policing
landscape, the IPCC’s role becomes even
more important, as both a lightning rod
and a litmus paper reflecting back to
the police, responsible authorities and
government those areas of potential
tension which need to be defused, as
well as good practice that needs to be
replicated.
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