Final Report of the Morris Inquiry: The Case for Change

THE CASE FOR CHANGE
● An ‘internal ombudsman’ is a less familiar concept. An ombudsman
investigates and decides complaints and disputes and is typically a route
for consumers to raise concerns about services received, which may be in
addition to other legal rights. We are uncertain what this means in the
employment context and have received no evidence which has helped
to clarify the concept.
Mediation
4.89 Since this Inquiry started work, the MPS has decided to pilot mediation. It is
arranging for 50 FAWAs to be trained as mediators. It appears that it is intended
that mediation will be aligned to FAW. We consider that it will be invaluable to have
mediation available well before the policy is invoked and we consider that it should
continue to be available whilst the dispute or conflict is ongoing.
We recommend 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.
4.90 It is necessary to distinguish between mediation as a management tool to
resolve conflicts or grievances in the workplace and its use in the context of
complaints against police officers, where the IPCC can consider mediation and
other techniques, such as local resolution and restorative justice.
4.91 In this section, we are concerned only with its use as a management tool, an
important skill for managers, either when a problem is embryonic or later once
formal procedures have been invoked. We do not intend to make any meaningful
distinction between mediation and conciliation.
4.92 We have already recommended that FAW be replaced by a procedure based
on the ACAS Code of Practice, which will apply to both police officers and police
staff. However, the ACAS Code effectively dictates the minimum framework that
an employer should provide. It is, therefore, open to an employer to use other
methods to attempt to resolve workplace conflicts. One such method is mediation.
Its benefits include speed, privacy and informality.
4.93 The evidence we have heard suggests that it can effectively be used at two
stages: before a grievance enters the formal procedure and after that formal
framework has been exhausted.
4.94 However, when mediation has not resulted in resolution, the MPS will gain
credit in any subsequent proceedings for the fact that it is a feature of its internal
procedure and that genuine attempts have been made to seek a resolution.
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