Final Report of the Morris Inquiry: The Case for Change

THE CASE FOR CHANGE
6.14 Section 22(3) of the 1996 Act requires the Chief Constable (the Commissioner)
to submit a report to the police authority on such matters as the authority may
determine relating to the efficiency and effectiveness of the police service. This is
subject to an appeal to the Home Secretary on the grounds that the report would
contain information which in the public interest ought not to be disclosed, or is not
needed for the discharge of the functions of the police authority.
6.15 There is no express statutory provision which imposes a duty on the police
authority to hold its Chief Constable (the Commissioner) to account, although
“everybody understands that is the convention.” (Evidence of David Riddle, Deputy Clerk, MPA.)
6.16 The MPA has suggested that an express provision to this effect would be
helpful. We have not received evidence from any other source which would justify
disturbing the current relationship.
6.17 The Chief Constable (the Commissioner) is responsible for the recording,
handling and investigating of complaints about the conduct of police officers of the
rank up to and including Chief Superintendent.
6.18 The police authority is responsible for overseeing the procedures for handling
complaints to ensure that they comply fully with the statutory provisions, and for
considering issues raised by complaints as they impact on the efficiency and
effectiveness of the service.
6.19 Police authorities also have responsibility for the recording, handling and
investigating of complaints against ACPO officers, other than complaints relating to
the direction and control of a service.
6.20 Police authorities are not responsible for investigating complaints concerning
the conduct of officers below ACPO rank. The APA’s view is that, in carrying out
their oversight role, police authorities should not involve themselves in the detail of
individual cases, other than to look at process issues and any implications for wider policy.
6.21 In their publication, Complaints against the Police – Monitoring and Oversight
Arrangements, A Good Practice Guide for Police Authorities, the APA recommends that
police authorities should have in place “a structured process for ongoing scrutiny and
oversight of complaints which contains all of the following elements:
● process and procedural audit against Home Office guidance;
● dip sampling of completed complaints files;
● analysis of statistics and trends;
● strategic analysis;
● discussion with stakeholders and partners.”
The Guide considers each of these elements in detail and offers guidance to assist
police authorities.
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