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Final Report of the Morris Inquiry: The Case for Change

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GOVERNANCE, ACCOUNTABILITY AND SCRUTINY<br />

police authority oversight and scrutiny <strong>of</strong> grievance procedures and employment<br />

tribunals. This states: “Grievance and ET cases provide a significant insight into <strong>the</strong> health <strong>of</strong><br />

any organisation. Police authorities need to clearly hold <strong>for</strong>ces to account <strong>for</strong> how <strong>the</strong>y deal<br />

with such cases through regular strategic analysis and scrutiny.”<br />

6.8 This scrutiny will involve regular consideration <strong>of</strong> numbers <strong>of</strong> cases and trends<br />

over time, across <strong>the</strong> organisation and in comparison with o<strong>the</strong>r organisations and<br />

services. It should also involve consideration <strong>of</strong> whe<strong>the</strong>r <strong>the</strong>re is a need to review or<br />

change a relevant policy. <strong>Case</strong> files can also be dip-sampled. <strong>The</strong> APA considers that<br />

this work is best dealt with by a committee ra<strong>the</strong>r than <strong>the</strong> full authority.<br />

6.9 <strong>The</strong> MPA has told us that it does not have comprehensive oversight systems in<br />

place in relation to Employment Tribunal cases and grievances. However, it<br />

proposes to introduce systems based on <strong>the</strong> APA guidance. We have received a<br />

draft protocol between <strong>the</strong> MPA and <strong>the</strong> MPS which would cover oversight <strong>of</strong><br />

Employment Tribunal cases as well as o<strong>the</strong>r matters. We consider that this protocol,<br />

toge<strong>the</strong>r with systems based on <strong>the</strong> APA guidance, should enable <strong>the</strong> MPA to hold<br />

<strong>the</strong> MPS to account in this important area.<br />

We recommend that <strong>the</strong> Metropolitan Police Authority puts in place<br />

comprehensive oversight systems and processes to scrutinise grievances and<br />

Employment Tribunal cases as soon as possible, taking account <strong>of</strong> <strong>the</strong><br />

Association <strong>of</strong> Police Authorities’ guidance in this area.<br />

<strong>The</strong> role <strong>of</strong> <strong>the</strong> Metropolitan Police Authority in complaints and discipline<br />

6.10 Public confidence requires robust scrutiny <strong>of</strong> police complaints and conduct<br />

matters. This is a key part <strong>of</strong> <strong>the</strong> role <strong>of</strong> police authorities. <strong>The</strong>y must ensure that<br />

<strong>the</strong>y have systems and structures in place to apply <strong>the</strong> necessary rigour to oversee<br />

<strong>the</strong> way <strong>the</strong> police service handles cases.<br />

6.11 As a starting point, it is helpful to examine <strong>the</strong> statutory framework governing<br />

police authority oversight <strong>of</strong> complaints. This is set out in <strong>the</strong> Police Act 1996 and<br />

<strong>the</strong> Police Re<strong>for</strong>m Act 2002.<br />

6.12 Section 6(1) <strong>of</strong> <strong>the</strong> 1996 Act places a duty on police authorities to secure <strong>the</strong><br />

maintenance <strong>of</strong> an efficient and effective police service in its area. <strong>The</strong> service is<br />

under <strong>the</strong> direction and control <strong>of</strong> <strong>the</strong> Chief Constable (<strong>the</strong> Commissioner) by<br />

virtue <strong>of</strong> section 10(1).<br />

6.13 Section 77 <strong>of</strong> <strong>the</strong> 1996 Act imposed a duty on every police authority, in<br />

maintaining an efficient and effective police service, to keep itself in<strong>for</strong>med as to<br />

<strong>the</strong> workings <strong>of</strong> <strong>the</strong> procedures <strong>for</strong> handling complaints about <strong>the</strong> conduct <strong>of</strong><br />

police <strong>of</strong>ficers. Section 15 <strong>of</strong> <strong>the</strong> 2002 Act maintains this duty and now widens it.<br />

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