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Notes of the Complaints and Professional Standards ... - Essex Police

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Meeting: Performance Committee<br />

Date: 30 April 2012<br />

Page 1 <strong>of</strong> 7<br />

AGENDA ITEM 7<br />

EPA/63/12<br />

NOTES OF THE COMPLAINTS AND PROFESSIONAL STANDARDS PANEL<br />

HELD ON 24 FEBRUARY 2012<br />

Report by: Acting Chief Executive<br />

Contact: Claire Morrison – Committee Administrator<br />

1. Purpose <strong>of</strong> report<br />

1.1 To inform Members <strong>of</strong> discussions at <strong>the</strong> <strong>Complaints</strong> <strong>and</strong> Pr<strong>of</strong>essional<br />

St<strong>and</strong>ards Panel held on 24 February 2012.<br />

2. Recommendation<br />

That <strong>the</strong> committee note <strong>the</strong> report.


ESSEX POLICE AUTHORITY NOTE OF A MEETING OF THE<br />

COMPLAINTS AND PROFESSIONAL STANDARDS PANEL HELD AT<br />

EPA OFFICES, HOFFMANNS WAY CHELMSFORD, ON FRIDAY 24<br />

FEBRUARY 2012<br />

The meeting commenced at 09:00 am.<br />

Membership/Attendance<br />

* P Bishop (Chairman) * Mrs S Hughes<br />

R Boyce * J Sch<strong>of</strong>ield<br />

* C Cochrane * Mrs M Fisher<br />

* Present<br />

Officers in Attendance<br />

S Robinson (Pr<strong>of</strong>essional St<strong>and</strong>ards)<br />

A Hunt – Force Solicitor<br />

ACC Beautridge – Serious Crime Directorate<br />

Ms T Mcgrath - Serious Crime Directorate<br />

EPA Chief Executive’s Office<br />

G Furnival – Head <strong>of</strong> Business Management & Governance<br />

Mrs H Richardson – Operating Manager<br />

Mrs C Morrison - Committee Administrator – <strong>Notes</strong><br />

1. APOLOGIES FOR ABSENCE<br />

There were two apologies from R Boyce <strong>and</strong> DCC Benson.<br />

2. NOTE OF PREVIOUS MEETING<br />

The note <strong>of</strong> <strong>the</strong> meeting <strong>of</strong> <strong>the</strong> <strong>Complaints</strong> & Pr<strong>of</strong>essional St<strong>and</strong>ards<br />

Panel held on 9 December 2011 was agreed as a correct record.<br />

3. UPDATE ON THE FORMATION OF THE ANTI-CORRUPTION UNIT<br />

The Panel received a presentation from ACC Beautridge providing an<br />

update on <strong>the</strong> formation <strong>of</strong> <strong>the</strong> Kent <strong>and</strong> <strong>Essex</strong> Anti-corruption Unit.<br />

ACTION: ACC Beautridge to report back to <strong>the</strong> Panel on <strong>the</strong><br />

different st<strong>and</strong>ards <strong>of</strong> discipline applied to Kent <strong>and</strong> <strong>Essex</strong><br />

Officers <strong>and</strong> Staff.<br />

4. QUARTERLY REPORT- COMPLAINTS, MISCONDUCT & OTHER<br />

MATTERS<br />

The Panel received a report by <strong>the</strong> Chief Constable outlining data <strong>and</strong><br />

background to <strong>the</strong> <strong>Complaints</strong>, Misconduct <strong>and</strong> O<strong>the</strong>r Matters that had<br />

been processed by <strong>the</strong> Pr<strong>of</strong>essional St<strong>and</strong>ards Department (PSD) in<br />

<strong>the</strong> last quarter 1 October to 31 December 2011.<br />

Page 2 <strong>of</strong> 7


The quarterly report was set out in sections as shown below.<br />

Superintendent Steve Robinson amplified <strong>the</strong> report orally.<br />

1) Significant/High Pr<strong>of</strong>ile Complaint <strong>and</strong> Conduct Cases<br />

CM/77/11 Circumstances – IPCC Independent Investigation<br />

The <strong>Police</strong> Officer involved has been charged with dangerous driving<br />

<strong>and</strong> is due to appear at Ipswich Magistrates Court on 20 th March 2012.<br />

MI/148/11 Circumstances – IPCC Independent Investigation<br />

The IPCC submitted <strong>the</strong>ir final report to <strong>Essex</strong> <strong>Police</strong> on 3 rd February<br />

2012, which will not be released until after <strong>the</strong> trial on 24 th April 2012.<br />

MI/202/11 Circumstances – IPCC Independent Investigation<br />

The IPCC investigation is ongoing. The trial is due to be held on 6 th<br />

July 2012.<br />

CM/32/11 Circumstances<br />

The IPCC investigation is ongoing.<br />

CM/70/10 Circumstances<br />

A Gross Misconduct Hearing is scheduled for 25 April 2012.<br />

CM/664/10 Circumstances<br />

The IPPC investigation has concluded <strong>and</strong> <strong>the</strong>y have made <strong>the</strong><br />

decision<br />

to re-submit <strong>the</strong> case to <strong>the</strong> CPS; a prosecution decision is awaited.<br />

C/695/07 Lee Balkwell – Circumstances<br />

The IPCC report was published on 30 January 2012. DCC Benson is<br />

due to meet Mr Balkwell on 5 th March 2012.<br />

Misc /323/08- Circumstances<br />

The IPPC re- investigation is ongoing.<br />

2) Suspended <strong>and</strong> Restricted Officers <strong>and</strong> <strong>Police</strong> Staff<br />

9 members <strong>of</strong> police staff are currently suspended; 11 <strong>of</strong>ficers are<br />

subject to restrictions <strong>of</strong> duty.<br />

ACTIONS:<br />

SR to report back to SH <strong>and</strong> PB on <strong>the</strong> length <strong>of</strong> time taken to deal<br />

with suspended <strong>of</strong>ficers <strong>and</strong> staff<br />

Fur<strong>the</strong>r information regarding suspended <strong>of</strong>ficers <strong>and</strong> staff to be<br />

included in future reports.<br />

3) Cases referred to <strong>the</strong> IPCC<br />

It was reported that <strong>the</strong>re were 5 m<strong>and</strong>atory <strong>and</strong> 1 voluntary referral<br />

during <strong>the</strong> quarter. Fur<strong>the</strong>r details <strong>of</strong> referrals were set out in <strong>the</strong> report.<br />

Page 3 <strong>of</strong> 7


4) Appeals made to <strong>the</strong> IPCC<br />

There were 49 appeals made to <strong>the</strong> IPCC during <strong>the</strong> quarter. 46<br />

against full investigation, 1 against LR process <strong>and</strong> 4 against non<br />

recording. Although numbers had increased <strong>the</strong>re were no reported<br />

trends.<br />

5) Table <strong>of</strong> complaints received by Home Office Code<br />

The Panel were informed that during <strong>the</strong> quarter 397 complaints were<br />

recorded.<br />

6) Eastern Region Comparison Charts<br />

These were set out in two tables showing <strong>the</strong> number <strong>of</strong> complaints<br />

<strong>and</strong> cases recorded in <strong>the</strong> Eastern region during <strong>the</strong> quarter.<br />

ACTION: SR to confirm why figures are not available for<br />

Hertfordshire <strong>and</strong> Cambridgeshire in <strong>the</strong> Eastern Region<br />

Comparison Charts<br />

7) Most Similar Force Comparison<br />

The Panel were presented with complaint figures for <strong>Essex</strong> <strong>and</strong> <strong>the</strong><br />

o<strong>the</strong>r forces categorised as being <strong>the</strong> most similar for <strong>the</strong> period 1 st<br />

April to 31 st December 2011.<br />

8) Divisional/Departmental Analysis <strong>of</strong> complaints<br />

This contained a detailed analysis <strong>of</strong> complaints in each division<br />

including those relating to two main areas <strong>of</strong> concern, incivility <strong>and</strong><br />

failure in duty.<br />

Members were informed that future reports would be broken down by<br />

area <strong>of</strong> comm<strong>and</strong> ra<strong>the</strong>r than by division. It was agreed that SR would<br />

circulate <strong>the</strong> new areas <strong>of</strong> comm<strong>and</strong> to all Members.<br />

ACTIONS:<br />

SR to circulate <strong>the</strong> new areas <strong>of</strong> comm<strong>and</strong> to Members<br />

SH to discuss <strong>the</strong> Panels concerns regarding <strong>the</strong> increase in<br />

allegations <strong>of</strong> incivility with <strong>the</strong> new Area Investigations Team <strong>and</strong><br />

put toge<strong>the</strong>r an action plan to reduce complaints in this area.<br />

9) Discriminatory Behaviour <strong>Complaints</strong> recorded this Quarter<br />

This illustrated a breakdown <strong>of</strong> <strong>the</strong> number <strong>of</strong> complaints for each<br />

division related to discriminatory behaviour.<br />

10) Live Complaint Investigations over PSD target <strong>of</strong> 90 days – The IPCC<br />

Target is 120 days<br />

It was reported that <strong>the</strong> department currently have no cases<br />

overrunning <strong>the</strong> target.<br />

Page 4 <strong>of</strong> 7


11) Activities <strong>of</strong> <strong>the</strong> Anti-Corruption Intelligence Unit (ACIU)<br />

This illustrated a breakdown <strong>of</strong> intelligence reported to ACIU during <strong>the</strong><br />

periods 2009/10, 2010/11 <strong>and</strong> 2011/12.<br />

12) <strong>Essex</strong> update – Stop <strong>and</strong> Search<br />

A total <strong>of</strong> 803 Stop <strong>and</strong> Accounts were recorded during <strong>the</strong> period<br />

compared to 22,269 for <strong>the</strong> same quarter <strong>of</strong> <strong>the</strong> previous year. The<br />

vast reduction reflects <strong>the</strong> force decision to cease recording Stop <strong>and</strong><br />

Account, due to <strong>the</strong> changes to PACE A <strong>and</strong> <strong>the</strong> future recording<br />

requirements <strong>of</strong> Stop <strong>and</strong> Account.<br />

13) Commendations/Letters <strong>of</strong> Appreciation<br />

During <strong>the</strong> period <strong>the</strong>re were 30 letters <strong>of</strong> appreciation received from<br />

members <strong>of</strong> <strong>the</strong> public. 1 Commendation <strong>and</strong> 55 letters <strong>of</strong><br />

congratulations were published during this quarter.<br />

ACTION: The Panel to receive fur<strong>the</strong>r information regarding<br />

commendations previously reported in December 2011 <strong>and</strong> to be<br />

informed <strong>of</strong> any exceptional cases where a commendation is<br />

awarded in <strong>the</strong> future.<br />

Any o<strong>the</strong>r matters:<br />

Members requested fur<strong>the</strong>r information regarding <strong>the</strong> vetting procedure<br />

used for <strong>of</strong>ficers <strong>and</strong> staff on <strong>the</strong> Olympics Planning Team. It was<br />

agreed that SR would speak to Supt Kevin Bailey regarding this matter<br />

<strong>and</strong> report back to <strong>the</strong> Panel.<br />

CC asked if regular updates could be given on <strong>the</strong> use <strong>of</strong> batons <strong>and</strong><br />

tasers,which had previously been reported to <strong>the</strong> Force Health <strong>and</strong><br />

Safety Committee. It was agreed that SR would look into this.<br />

It was reported that Chief Supt Tim Stokes is carrying out a review <strong>of</strong><br />

<strong>the</strong> police response to an incident in Billericay involving a man <strong>and</strong> an<br />

axe. It was agreed that <strong>the</strong> Panel would receive an update on this at<br />

<strong>the</strong> next meeting.<br />

Members requested that an update be given on previously reported<br />

issues relating to <strong>the</strong> Dale Farm Eviction. It was agreed that SR would<br />

provide an update at <strong>the</strong> next meeting.<br />

ACTIONS:<br />

SR to report back on level <strong>of</strong> vetting used for <strong>of</strong>ficers <strong>and</strong> staff on<br />

<strong>the</strong> Olympic Planning Team<br />

SR to report back on <strong>the</strong> use <strong>of</strong> tasers <strong>and</strong> batons<br />

Page 5 <strong>of</strong> 7


The Panel to receive an update on <strong>the</strong> review being carried out by<br />

Chief Supt Kevin Bailey in relation to police response to an<br />

incident in Billericay involving a man <strong>and</strong> an axe<br />

The Panel to receive an update on previously reported issues<br />

relating to <strong>the</strong> Dale Farm Eviction<br />

5. QUARTERLY REPORT OF THE CIVIL CLAIMS UNIT<br />

The Panel noted a report by <strong>the</strong> Civil Claims Manager summarising<br />

civil claims activity <strong>and</strong> statistical information for <strong>the</strong> period 1 st October<br />

to 31 st December 2011.<br />

ACTION: Members to discuss <strong>the</strong> financial liability <strong>of</strong> <strong>the</strong> three<br />

highlighted cases <strong>and</strong> a report to be prepared for <strong>the</strong> <strong>Complaints</strong><br />

Panel <strong>and</strong> Finance <strong>and</strong> Audit Committee.<br />

6. QUARTERLY REPORT: FORCE SOLICITOR<br />

The Panel noted a report by <strong>the</strong> Force Solicitor summarising<br />

Employment Tribunal claims ongoing claims <strong>and</strong> closed claims for <strong>the</strong><br />

period 1 st October to 31 st December 2011.<br />

7. MEMBERS’ INSPECTION ROTA<br />

It was reported that both files on PSD <strong>and</strong> Civil Claims had been<br />

inspected by Mr Sch<strong>of</strong>ield <strong>and</strong> it was felt that <strong>the</strong> files needed to be reorganised<br />

in order to make <strong>the</strong>m easier for Members to inspect in<br />

future. It was suggested that a front sheet be placed in each file with a<br />

list <strong>of</strong> key stages <strong>of</strong> <strong>the</strong> investigation <strong>and</strong> achievement dates. SR<br />

agreed to follow this up.<br />

It was agreed that Mr Sugden would contact Mrs Hughes to arrange a<br />

date to inspect <strong>the</strong> files during <strong>the</strong> next quarter. It was noted that any<br />

member can visit PSD at any time.<br />

ACTIONS:<br />

Mr Sugden to arrange a date with Mrs Hughes to visit PSD <strong>and</strong><br />

Civil Claims to inspect <strong>the</strong> files during <strong>the</strong> next quarter<br />

SR to ensure that <strong>the</strong> files in PSD <strong>and</strong> Civil Claims contain a list <strong>of</strong><br />

key stages <strong>and</strong> achievement dates in order to assist Members<br />

when <strong>the</strong>y carryout inspections<br />

8. DATE OF NEXT MEETING<br />

The next meeting is scheduled for Friday 18 May 2012, 9.00 am at<br />

EPA <strong>of</strong>fices, H<strong>of</strong>fmanns Way.<br />

9. ANY OTHER BUSINESS<br />

There was none.<br />

The meeting closed at 11.10 am<br />

Page 6 <strong>of</strong> 7


Page 7 <strong>of</strong> 7

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