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Final Report of the Morris Inquiry: The Case for Change

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THE CASE FOR CHANGE<br />

10.139 Secondly, DPS must refine its practice in relation to maintaining policy files,<br />

so that <strong>the</strong> reasoning adopted by <strong>the</strong> relevant <strong>of</strong>ficers <strong>for</strong> decisions made in<br />

investigations is properly recorded. This will ensure that <strong>the</strong>re is a proper audit trail<br />

<strong>for</strong> decisions taken.<br />

10.140 Failure to do this will cast doubt on <strong>the</strong> rationale adopted and put <strong>the</strong><br />

organisation at risk <strong>of</strong> being challenged. <strong>The</strong> lack <strong>of</strong> a proper audit trail does not<br />

just affect <strong>the</strong> <strong>of</strong>ficer under investigation but also casts doubt on <strong>the</strong><br />

pr<strong>of</strong>essionalism <strong>of</strong> <strong>the</strong> directorate as a whole.<br />

10.141 Thirdly, we have already made it clear that <strong>the</strong>re is a need <strong>for</strong> greater<br />

scrutiny <strong>of</strong> complaints and discipline cases. We have recommended a new model <strong>of</strong><br />

case management which we believe will address our concerns and <strong>the</strong> criticisms<br />

that have been raised with us. Above all, properly applied, <strong>the</strong> model should<br />

address <strong>the</strong> issue <strong>of</strong> delay, which has featured so prominently in <strong>the</strong> evidence we<br />

have received.<br />

10.142 Media handling is not a straight<strong>for</strong>ward matter, but we think <strong>the</strong> MPS<br />

would benefit from clear guidelines about <strong>the</strong> way in which <strong>of</strong>ficers under<br />

investigation are treated by <strong>the</strong> organisation and <strong>the</strong> support <strong>the</strong>y are to be given.<br />

We consider that unfairness can easily be caused to an <strong>of</strong>ficer under investigation<br />

if <strong>the</strong> MPS comments publicly about <strong>the</strong> allegations made or <strong>the</strong> investigation<br />

conducted. We accept <strong>the</strong> public interest argument that <strong>the</strong> MPS is entitled to<br />

make <strong>the</strong> public aware that an investigation is taking place into <strong>the</strong> conduct <strong>of</strong> an<br />

<strong>of</strong>ficer. However, we cannot agree that it is ever right <strong>for</strong> <strong>the</strong> organisation to<br />

comment publicly on <strong>the</strong> guilt or innocence <strong>of</strong> any <strong>of</strong>ficer until it has been<br />

determined by <strong>the</strong> appropriate decision-making body.<br />

10.143 We have also raised our concerns about <strong>the</strong> lack <strong>of</strong> welfare support to<br />

<strong>of</strong>ficers who are under investigation. This has been drawn to our attention by a<br />

number <strong>of</strong> individuals and is a <strong>the</strong>me <strong>of</strong> most <strong>of</strong> <strong>the</strong> cases we have considered.<br />

We consider that this issue requires urgent attention.<br />

10.144 We have commented on <strong>the</strong> use <strong>of</strong> Gold Groups in relation to two <strong>of</strong> <strong>the</strong><br />

high pr<strong>of</strong>ile cases. We would urge <strong>the</strong> MPS to consider our comments carefully as<br />

we strongly believe that over-use <strong>of</strong> <strong>the</strong> concept <strong>of</strong> a ‘critical incident’, and <strong>the</strong><br />

resultant <strong>for</strong>mation <strong>of</strong> a Gold Group, leads to confused accountability. We question<br />

<strong>the</strong>ir use in disciplinary investigations in anything o<strong>the</strong>r than <strong>the</strong> most exceptional<br />

circumstances.<br />

10.145 <strong>Final</strong>ly, we are concerned by <strong>the</strong> apparent failure <strong>of</strong> <strong>the</strong> organisation to<br />

learn lessons when investigations go wrong. We suspect that one reason <strong>for</strong> this is<br />

that <strong>of</strong>ficers <strong>of</strong> senior rank seem consistently to avoid accountability <strong>for</strong> ei<strong>the</strong>r <strong>the</strong>ir<br />

actions or those <strong>of</strong> <strong>the</strong> <strong>of</strong>ficers under <strong>the</strong>ir direction.<br />

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