Responding to the report of the Morris Inquiry

Report: 8b
Date: 24 February 2005
By: Clerk

Summary

This report provides an update on what has happened since the publication of the Morris Inquiry Report and proposes a process for taking its recommendations forward.

A. Recommendation

That

the Authority agrees to adopt the Morris Inquiry Report as a framework for change in the MPS and the MPA
the Authority approves the process set out in this report for taking forward the recommendations of the Morris Inquiry Report; and
the Commissioner submit reports to MPA committees and the Steering Group with specific proposals to address the Morris recommendations

B. Supporting information

1. The Report of the Morris Inquiry was published in December. Sir William Morris and his Inquiry Team presented it to a meeting of members on 14 December. The full Authority, meeting on 16 December, formally received the Report and set up a steering group of members to co-ordinate both the MPA and MPS response. This steering group is: Jennette Arnold, Reshard Auladin, Cindy Butts, Kirsten Hearn and Rachel Whittaker.

2. The steering group held an initial meeting on 16 December and a second meeting on 3 February. The February meeting was preceded by a workshop, to which all members were invited. This provided an opportunity for members to be briefed on and discuss the range of issues raised by the Morris Report.

3. The Report makes 37 recommendations. These range from the specific to the broad. Collectively they are a positive agenda for change which will impact in varying degrees on many if not all of the MPS’s services, as well as having implications for the police service nationally. Some are already in hand or have been completed. The majority relate to the MPS but some fall to the MPA. Some, particularly around ‘enhancing the Office of Constable’ are national issues although the MPA will have a view and will look to influence the debate.

4. At the last meeting of the steering group, members discussed how the MPA should exercise its responsibility for overseeing the MPS’s and its own response to the Report. The Morris Inquiry recommendations cannot be dealt with as a discrete exercise. The changes needed must be embedded in the organisational culture and supporting procedures and processes. Some changes can be expected to be achieved in the short term; for others the realistic timescale will be longer. The steering group recommends, therefore, that MPA committees are the correct vehicle for overseeing this work and ensuring that, where supported, the recommendations are put into practice. For some committees, especially Professional Standards & Complaints, Equal Opportunities & Diversity, and Human Resources, Morris is likely to be a standard feature of their work programme for some time to come.

5. The Morris recommendations are set out in Appendix 1. This appendix contains proposals for allocating the recommendations to specific committees and suggests the priority that should be accorded to the recommendations. It is important that each recommendation becomes the responsibility of one committee, but some recommendations span more than one committee’s sphere of interest. Other interested committees should, therefore, be kept informed as appropriate.

6. The steering group suggests that it has a continuing role. Meeting probably at the end of each two-month committee cycle it could receive reports on progress from MPA committees and identify any sticking points or gaps that needed to be addressed corporately. It would report on a regular basis to the Co-ordination & Policing Committee or the full Authority.

7. Steering group members also felt that it is a mistake to focus solely on the Report’s recommendations. There are issues that are raised in the document’s text that do not specifically feature in the recommendations. The steering group proposes to develop a programme of focussed discussions on the key themes in the Report. All MPA members would be invited to these meetings as would input from the MPS.

8. There are two other investigations that are due to report in the near future:

The Commission for Racial Equality (national) investigation into the police service is due to report in mid-March
The Taylor Report on police conduct and discipline matters is due to be presented to the Home Secretary towards the end of February

The steering group will be able to consider the implications of these two reports for the MPA and the MPS, to consider how they fit with the Morris Report recommendations and to report as appropriate to the full Authority or relevant committees.

9. The MPA has written to relevant organisations and groups inviting their comments on the Morris Report. A number of organisations have responded and their comments will be brought to the attention of the relevant committee(s).

C. Equality and diversity implications

Race and equality issues are fundamental to the Morris Report. They must, therefore, also be integral to the way that the MPA and the MPS address its recommendations. As part of this there must be provision in the programme to consult with and involve stakeholder organisations at relevant stages.

D. Financial implications

No specific implications arising from this report.

E. Background papers

The Morris Inquiry Report

F. Contact details

Report author: Simon Vile, MPA.

For more information contact:

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

Appendix 1: The Morris Inquiry Recommendations

Recommendations	Priority for action	MPA committee lead [1]	Agency with lead
Enhancing the office of constable
1. That the office of constable should be retained for all police officers.	High	PSC (HR)	Home Office
2. That employment law should be extended to police officers within the framework of the office of constable.	High	HR (PSC)	Home Office APA PNB
That appropriate structures and systems are devised for negotiating national terms and conditions and for deciding which terms and conditions should be national and which left to local determination.
b) That the terms and conditions should include disciplinary, capability and grievance procedures in line with the ACAS Code of Practice on Disciplinary and Grievance Procedures. The current regulatory framework for complaints and discipline for police officers would no longer apply.
c) That the office of constable is enhanced by the addition of a Code of Conduct, similar to the Civil Service Code and the Code of Ethics for the Police Service in Northern Ireland, which would form part of the terms and conditions of all police officers and police staff. This would replace the current Code of Conduct for police officers.		(PSC)
d) That a provision dealing with unlawful discrimination should be included in the new Code of Conduct. Additional provisions may also be appropriate.		(EODB)
e) That disciplinary cases involving serious criminal allegations should continue to be dealt with under the special procedure, which requires cases to be referred to the Crown Prosecution Service out of region, but that more routine matters should be dealt with in the same way as similar allegations against members of the public, that is, by referral to the local Crown Prosecution Service lawyer.	High	PSC	Home Office IPCC
f) That a procedure, involving conciliation and / or arbitration, is devised to resolve industrial disputes in the police service.	Med	HR	Home Office APA PNB
g) That attestation is delayed until the officer has satisfactorily completed his or her initial training.	High	HR	MPS Home Office APA PNB
People issues
3. That the post with overall responsibility for Human Resources should be held by a suitably qualified and experienced individual, and that the post-holder should be by designation a member of the strategic management board.	Done	HR	Commissioner MPA
a) That, in addition to relocating the Employment Tribunals Unit from the Directorate of Professional Standards to the Human Resources Directorate, the people management aspects of the work of the Diversity Directorate are also moved to the Human Resources Directorate.	Med	HR (EODB)	MPS
b) That the policy review process be given new momentum with a view to simplifying and reducing the number of human resources’ policies even further.	Med	HR	MPS
c) That the Human Resources Directorate reviews the management information it currently collects with a view to ensuring that it has the data needed for the MPS to fulfil its objectives.	Med	HR	MPS
d) That the MPS should ensure that the Human Resources Directorate plays a full part in the management of discipline cases, with responsibility for maintaining contact with officers under investigation and overseeing welfare support and re-entry into the workplace for suspended officers.	High	PSC (HR)	MPS
4. That the MPS replaces its Fairness at Work policy with a new grievance procedure, based on the ACAS Code of Practice on Disciplinary and Grievance Procedures. The procedure should cover all workplace conflicts involving officers and staff.	High	HR	MPS
a) That any pilot projects on mediation follow best practice, particularly the Northamptonshire model, and take account of the wealth of learning and experience which exists within established organisations such as ACAS.	Med	HR	MPS
b) That the MPS carefully monitors the development of the Thames Valley pilot on mediation.	Med	HR	MPS
c) That mediators should be brought together on a regular basis to share experience and refresh their knowledge of common developments in mediation techniques.	Med	HR	MPS
d) That the MPS reviews its use of mediation to provide appropriate training to its officers and staff and to encourage its use throughout the grievance process in appropriate cases.	Med	HR	MPS
5. That the Director of Legal Services invests time and resources in explaining the directorate’s work, and how it operates, to a wider section of the organisation and to the Metropolitan Police Authority.	Med	COP	MPS
6. That the Department of Trade and Industry gives consideration to a specific provision extending the protection afforded to discussions involving ACAS to discussions that take place between the parties at a mediation so that the discussions become privileged.	Med	HR	DTI MPA
Managing difference
7. That the MPS takes urgent steps to eliminate the discriminatory management practice which has led to a disproportionate number of investigations of black and minority ethnic officers.	High	PSC (EODB)	MPS
a) That the MPS takes immediate action to engage black, minority ethnic and white officers and staff at all levels in the important practical steps required to ensure that black and minority ethnic officers and staff are not discriminated against on grounds of race.	High	EODB (HR)	MPS
8. That the MPS gives adequate priority to all aspects of diversity, particularly in light of the Framework Equal Treatment Directive 2000.	High	EODB	MPS
a) That the MPS refreshes and revitalises its work in managing difference and devises a way of truly engaging all officers and staff on this important issue.	High	EODB	MPS
b) That consideration is given to extending the Diversity Excellence Model to other Operational Command Units and directorates. However, we would recommend that its implementation be kept under review to guard against it becoming another ‘tick box’ exercise.	Med	EODB	MPS
Governance, accountability and scrutiny
9. That the Metropolitan Police Authority enters into greater dialogue with other police authorities to establish best practice in discharging the oversight role.	High	PSC	MPA
10. That the Metropolitan Police Authority keeps under review the protocol with the MPS on the provision of information to the Authority on complaints and conduct cases, in order to ensure that it meets its responsibility for scrutiny.	Med	PSC	MPA MPS
11. That the Metropolitan Police Authority reviews the resources it is able to devote to supporting its role in overseeing complaints and conduct cases, with a view to increasing activity further, particularly in relation to dip-sampling of files.	High	CoP / MPA – as part of general resource review (PSC)	MPA
12. That the Metropolitan Police Authority puts in place comprehensive oversight systems and processes to scrutinise grievances and Employment Tribunal cases as soon as possible, taking account of the Association of Police Authorities’ guidance in this area.	High	HR	MPA
13. That the Metropolitan Police Authority should convene and chair a case conference involving the Commissioner and all relevant stakeholders (including, in particular, those individuals and organisations who have given evidence to this Inquiry on this point) to establish what progress has been made in implementing the recommendations of the Virdi Inquiry Report and to determine what, if any, further action should be taken.	High	PSC	MPA
14. That the ‘Nolan Principles’ for public appointments should apply to the appointment of members of the Independent Advisory Group and that:	Med	EODB for report to MPA	MPA
i. their appointment should be by the Metropolitan Police Authority;	Med
ii. they should be appointed in a transparent way following open competition by public advertisement;	Med
iii. the terms of their appointment, including tenure of office and any remuneration, should be made public; and	Med
iv. candidates should be assessed for their suitability against a formal specification which should also be made public by the Metropolitan Police Authority.	Med
15. That the Independent Advisory Group is properly resourced and that this should include a budget for expenditure on items such as independent professional advice (this includes legal advice), where the Independent Advisory Group believes this is necessary.	Med	EODB for report to MPA	MPS MPA
16. That the Independent Advisory Group and the MPS agree a protocol in relation to disclosure of documentation and the rationale for decisions to Independent Advisory Group members. This must be based on the presumption that Independent Advisory Group members see everything that is available to the investigating officers. Where possible, this should be before decisions are taken.	Med	EODB for report to MPA (PSC)	MPS
Professional standards
17. That the Commissioner orders a fundamental review of the Directorate of Professional Standards, to be personally assured that the policies governing the practices and procedures of the directorate hold senior managers fully to account for the conduct and management of discipline investigations.	High	PSC	MPS
a) That the MPS creates a policy database and reference source that is cogent and succinct, by reducing the number of policies which impact on the process of discipline and conduct.	Med
b) That the Commissioner takes steps to ensure that the Directorate of Professional Standards appreciates the importance of scrutiny to public confidence.	High
c) That the MPS puts in place recruitment processes which are transparent and provide for equality of opportunity. These processes must ensure that people of the right calibre are recruited to posts within the Directorate of Professional Standards and must be extended to all ranks including the most senior positions.	Med	(HR)
d) That the MPS puts in place processes to ensure that those recruited receive the appropriate training to undertake the roles to which they are assigned.	Med	(HR)
e) That the MPS takes steps to ensure that the future profile of the Directorate of Professional Standards reflects the diversity of the MPS as a whole.	High	(HR) (EODB)
f) That a system of time-limited tenure of posts is considered.	Med	(HR)
18. That the MPS and the Metropolitan Police Authority adopt our recommended model of case management.	High	PSC	MPS MPA
19. That the Home Office, the Independent Police Complaints Commission, the Association of Police Authorities and the Association of Chief Police Officers’ Professional Standards Committee consider the introduction of a national model.	Med	PSC	HO IPCC APA ACPO
20. That the MPS works with appropriate stakeholders to implement the recommendations in the Review of Operation Lancet.	High	PSC	MPS
a) That investigations by the Directorate of Professional Standards should be run along the lines of the normal investigative process for criminal cases and arrangements should be made to put the necessary systems in place as a matter of urgency.	Med
b) That the MPS gives clear guidance to Directorate of Professional Standards’ officers on the use of powers of arrest where the real objective is to search the premises of an officer under investigation.	Med
c) That, except in the most serious cases (such as allegations of criminal behaviour) where doing so is clearly inappropriate, the MPS should always explore options for early informal resolution.	Med
d) That the Independent Police Complaints Commission should consider issuing detailed guidance as to the proper parameters for disclosure in disciplinary proceedings, including an appropriate timescale for responses to disclosure requests.			IPCC
e) That, when more than one officer is involved in a case, regular and frequent assessments are made of the facts with a view to determining who, if anyone, is actually culpable and which officers are peripheral to the central facts.	High
f) That the MPS reviews the existing criteria for suspension to provide greater clarity on when suspension should be used.	Done
g) That the MPS takes steps to ensure that, in each case when suspension is considered, it accords with the recommendation of the Review of Operation Lancet that the use of suspension always needs to be proportionate to both the allegation and the risk.	Done
h) That the MPS examines the adequacy of welfare support to officers under investigation.	Med
i) That, when an officer is under investigation, the MPS should:
i. give the officer a copy of any media release before it is issued;	Med
ii. tell the officer when information is likely to be released to the media; and	Med
iii. provide the officer with advice for dealing with media intrusion, doorstepping, etc.	Med
j) That no comment is made about an officer’s guilt or innocence by the MPS until it has been established by the appropriate decision-making body, and no embargoed interviews should be given.	High
k) That the MPS reviews its policy in relation to correcting errors in media reporting about its officers and staff.	Med
l) That the MPS take steps to ensure that discipline matters relating to individuals are kept confidential and not discussed with third parties in a public forum.	High
m) That measures are put in place to ensure that officers under investigation (other than covert investigations) are kept informed of developments and that officers are told of the detail of any charges at the time they are told of a decision to discipline them.	Med
n) That officers under investigation be provided with a written record of the outcome of such an investigation and a summary of the reasons for that outcome.	Med
o) That the conduct of disciplinary hearings should be reviewed to make them less akin to a criminal court.	High
p) That, in sensitive cases, or where there are vulnerable witnesses, thought should be given to the layout of the room and other practical considerations, such as allowing those involved to be accompanied by a friend or partner, so that the process is less daunting for all those involved.	Med
q) That the MPS strengthens its guidance on Assistant Commissioner Reviews by including provisions:	Med
i. making it clear that the reviewing officer should have access to all available documentation as of right; and	Med
ii. for the reviewing officer to be satisfied that he or she has all the necessary information required to make a proper decision.	Med
r) That the relevant Committee of the Association of Chief Police Officers should consider issuing guidance on Chief Constable (Assistant Commissioner) Reviews.	Med		ACPO
The capacity to deliver
21. That the MPS and the Metropolitan Police Authority create a police staff post, which would undertake the functions of a Chief Operating Officer, to bring all the support services in the MPS (Finance, Human Resources, Communications, Legal Services, Property, Information Systems and Technology, Procurement, Logistical Services, etc.) together under one individual who would be equal in status to the Deputy Commissioner with a remit which spans the whole of the organisation.	Med	CoP / MPA (as part of MPS Service Review)	MPS MPA
a) That the MPS reviews, with relevant stakeholders, the extent to which existing central processes inhibit devolution of real authority to managers in the Operational Command Units, with a view to streamlining the process to give local managers real responsibility for their budgets and people.	Med
b) That the MPS takes urgent steps to compile a comprehensive Scheme of Delegation setting out the levels of authority for different decisions throughout the organisation. This should be available to all officers and staff.	Med
c) That the MPS reviews its internal communication in the light of best practice in other large public and private sector organisations.	High
22. That the MPS commits itself to a Code of Practice setting out the basis on which it will consult its workforce. This should be based on the following principles:	High
i. consulting with an open mind whilst proposals are at a formative stage;
ii. giving consultees full information about proposals;
iii. ensuring that consultation information reaches those who are being consulted;
iv. giving consultees sufficient time to respond;
v. considering carefully the results of consultation exercises; and
vi. providing consultees with full information about decisions taken at the end of the consultation period and, if relevant, the reasons for taking a different view from those who were consulted.
23. That the issue of duty time and other resources for all representative groups, including staff support associations, is reviewed.	High	HR	MPS
24. That, in addition to consulting through representative bodies, the MPS takes steps to involve its workforce in decisions on issues that concern them.	High	HR	MPS
25. That the MPS considers the views expressed in our survey and how the issues revealed can be addressed. We would recommend a follow-up survey in one to two years’ time.	High	HR	MPS
Building capacity
26. That the MPS takes active steps to remain vigilant and to monitor the culture at Hendon, and to ensure that all staff and recruits are aware of what constitutes inappropriate behaviour (such as that which is bullying and / or discriminatory) and that any incidents which do occur are treated with the seriousness they deserve.	High	HR (EODB)	MPS
27. That the MPS ensures that there are effective, formal support mechanisms in place for all recruits. These should cover the period after acceptance and before they arrive at Hendon, as well as their time spent there.	High	HR (EODB)	MPS
28. That the MPS gives consideration to early implementation of any proposed scheme of multi-point entry for officers.	High	HR	MPS
29. That the MPS evolves effective induction processes to cover entry into the organisation, and all changes of role within it, and that the Human Resources directorate institutes formal mechanisms for monitoring compliance.	High	HR	MPS
30. That the Human Resources directorate takes steps to ensure that the Performance Development Review process is fully implemented across the MPS as a meaningful management tool. This should be centrally monitored and the Human Resources directorate should carry out periodic reviews across the organisation to monitor quality and consistency.	High	HR	MPS
a) That the Human Resources directorate should keep data on the training undertaken by officers and staff both in terms of the time spent on training and the training undertaken.
b) That Operational Command Unit commanders and departmental managers should use this data to ensure that the officers and staff for whom they are responsible receive the training they need to do their jobs and that there is fair and equal access to appropriate training opportunities. A pre-requisite of this is full devolution of training budgets.
c) That the MPS implements a more effective management development programme.
d) That the MPS introduces development programmes which will increase the opportunities available for cross-fertilisation with those managing other public and private sector organisations.
e) That the MPS takes immediate action to implement the HMIC recommendation on a High Potential Development Scheme for police staff.
f) That the MPS’ management development programme should be available to police staff as well as police officers.
g) That the MPS ensures that it has systems in place to develop all its officers and staff.
31. That the MPS develops procedures for promotion and appointments to specialist posts which are fair and transparent and that the Human Resources directorate monitors their application.	High	HR	MPS
32. That the MPS takes steps to ensure that its policy on flexible working is fully understood and implemented, and that the Human Resources directorate rigorously monitors that implementation.	High	HR	MPS
a) That the MPS establishes a central resource to provide guidance to managers on managing flexible working and to match requests for flexible working with job opportunities.
b) That consideration is given to a childcare co-coordinator post based on the Greater Manchester Police model.
33. That the MPS sets up a central resource to match officers and staff with disabilities to suitable vacancies and to ensure that any necessary adjustments are made speedily.	High	HR (EODB)	MPS
Lessons for the future
34. That there should be a full case review of Operation Helios which is independent of the MPS. The review should include examining the issue of race discrimination.	High	PSC	MPA MPS
35. That the MPS avoids entering into agreements in relation to professional standards and conduct matters that are ultra vires.	High	PSC	MPS
36. That where Gold Groups are established in relation to disciplinary matters:	High	PSC	MPS
i. their purpose and powers are set out in writing so that all involved are clear about their role and lines of accountability; and
ii. clear guidelines are established about the make-up of a Gold Group as, for example, it is not appropriate for representatives of complainants or other parties involved to be members of such a Gold Group or to be present at any meetings.
37. That the MPS provides Chief Inspector Pendry with written responses to the questions she has posed in her submission to the Inquiry.	High	PSC (HR)	MPS