WILTSHIRE POLICE FORCE PROCEDURE

Transcription

1 WILTSHIRE POLICE FORCE PROCEDURE Direction and Control Complaints Author Ms E. Gibb Department Professional Standards Deparment Date of Publication 1 November 2007 Review Date 1 November 2008 Technical Author Ms Elle Gibb Version 1.6

2 CONTENTS CONTENTS... 2 INTRODUCTION... 3 CATEGORISING A COMPLAINT... 5 RECORDING A COMPLAINT... 6 ROLE OF PROFESSIONAL STANDARDS... 7 ROLE OF RACE AND EQUALITY/DIVERSITY OFFICERS... 7 ROLE OF WILTSHIRE POLICE AUTHORITY... 7 ROLE OF THE INDEPENDENT POLICE COMPLAINTS COMMISSION... 8 APPENDIX A APPENDIX B

3 PROCEDURE Direction and Control Complaints INTRODUCTION Overview With effect from 1 st November 2007 Direction and Control complaints (previously known as Procedural Complaints) will be recorded by the Professional Standards Department. Direction and Control complaints are those which are received from members of the public regarding matters of strategy, policy, structure, organisation and central force command concerning general policing. Direction and Control complaints do not cover complaints about the conduct of individual members of the Police service. Those will still be recorded in accordance with the provisions of the Police Reform Act Any member of the Police organisation may receive a complaint regarding Direction and Control and therefore it is essential that all staff know what is required in order to ensure that the public have full confidence in the police service to deal effectively and efficiently with any complaint and that the Police Authority and the Police service have the opportunity to review service delivery. The guidance is available on Trove, under Professional Standards Department. It serves to provide staff with details of both the structure and minimum requirements for the procedure in Wiltshire to ensure consistency across the force. A flowchart is included within the guidance to assist understanding of the process. CAN YOU PLEASE ENSURE THAT ALL OF YOUR STAFF WHO HAVE CONTACT WITH THE PUBLIC ARE BRIEFED REGARDING THEIR RESPONSIBILITIES IN THIS PROCEDURE. Should you have any queries regarding the process of dealing with Direction and Control complaints please contact Elle GIBB, Professional Standards Department extension It is important that the public have full confidence in the police service to deal effectively and efficiently with any complaint and that the Police Authority and the Police service recognise the potential value of such complaints in order to improve service delivery. The purpose of this guidance is to provide staff with details of both the structure and minimum requirements for the procedure in Wiltshire to ensure consistency across the force. It is not, in itself, a procedure for handling these complaints. Her Majesty s Inspectorate of Constabulary (HMIC) is required to inspect, and report to the Secretary of State on the efficiency and effectiveness of every police force. In future, the HMIC will include the manner in which the Wiltshire Police records, handles and monitors Direction and Control complaints within the inspection process. The action plan for implementation of this procedure is attached at Appendix C. 3

4 Glossary of Terms HMIC OIC IPCC ECHR Term Meaning Her Majesty s Inspectorate of Constabulary Officer in the Case Independent Police Complaints Commission European Convention on Human Rights Strategic Aims The strategic aim linked to this document is set out below. Force Priorities Linked to this Procedure Deliver a quality service which is accessible, visible and reassures. European Convention on Human Rights (ECHR) Compliance The table below lists the ECHR Compliance Guide paragraphs that specifically relate to this Policy. Reference: The Compliance Guide can be found in TROVE in Policy and Procedures / Corporate Development / ECHR Compliance Guide. ECHR Compliance Guide paragraphs relating to this document 1. Statement of Compatibility 2. Public Access 5. The Impact of The European Convention on Human Rights 20. Duty of Staff Disability Discrimination Act 1995 In writing these procedures the main implications of the above Act, together with the Disability Discrimination Act (Amendment) Regulations 2000 have been taken into account. Race Equality and Diversity Impact These procedures have been assessed for relevance to the general duty to provide race equality under the Race Relations (Amendment) Act This assessment has shown that the procedures and its aims are likely to have the relevance level indicated below Relevance Level (Please see Wiltshire Police Race Equality Scheme for details of how to assess the Relevance levels of policies and procedures) high relevance Relevant duties under the RRA Act 2000 Elimination of unlawful racial discrimination Promotion of equality of opportunity Promotion of good race relations. 4

5 In this regard a full race equality impact assessment has been undertaken in accordance with the Race Equality Scheme Action Plan. A summary of the Impact Assessment is available on the Wiltshire Police website and a copy of the full assessment is available upon request under the Freedom of Information Act. Freedom of Information Act Data Protection Act Any information relating to an identified or identifiable living individual recorded as a consequence of this procedure will be processed in accordance with the Data Protection Act 2018, General Data Protection Regulations and the Force Data Protection Policy. CATEGORISING A COMPLAINT A Direction and Control complaint is one that relates to one of the following: Operational policing policies Organisational decisions General standards in the force Operational management decisions The following are examples of areas relating to direction and control. The formulation of guidelines and the making of general decisions on the deployment and posting of officers or groups of officers. The allocation of personnel, financial and material resources in certain sectors or geographical areas. A policy decision to (or not to) arrest and charge for particular offences. The decision on how, generally, to perform certain functions, for example licensing, use of firearms and stop and search. The formulation of principles and protocols governing the appointment, recruitment, promotion, discipline and dismissal etc of officers and police staff If the complaint from a member of public relates wholly or partly to the conduct of a member of staff, it must be recorded and dealt with in accordance with the conduct procedures. Since 1st April 2004 complainants have had the right of appeal to the Independent Police Complaints Commission on the grounds that they believe the complaint should have been treated as one of conduct rather than one of direction and control. Any complaint about the conduct of a member of the Police Authority or a complaint about Police Authority affairs should be directed to the clerk of the Police Authority. 5

6 In some cases, it may be difficult to determine if a complaint is about direction and control or about conduct. Where there is this difficulty, the complaint should be proceeded with as if the complaint is about conduct, until such time as any preliminary inquiries or investigations demonstrate this not to be the case. This is to avoid prejudice to the application of the conduct procedures, should they be later shown to be appropriate. In all cases, the complainant must be given the appropriate advice on how to make a complaint. RECORDING A COMPLAINT The same principles apply to Direction and Control complaints as to any other type of complaint, namely that each complaint is considered carefully and on its individual merits. Timely responses should be provided to each and every complaint. The procedure for recording and dealing with Direction and Control complaints should be as open and transparent as the maintenance of effective policing will allow and flexible so that complaints can be dealt with at the lowest appropriate level, with an emphasis on early resolution. Once a complaint has been categorised as direction and control, a Form 329 ( Appendix A) is to be completed unless: an immediate satisfactory explanation is given to the complainant and there are no ongoing lessons to be learned or policies that require reviewing; the complaint has been dealt with previously and was made by the same complainant; or the complaint is considered to be frivolous, vexatious, anonymous or out of time (over 12 months old). The original Form 329 must be forwarded to the relevant Divisional / Departmental Commander to appropriately allocate. (See Flowchart Appendix B) A copy of the original Form 329 must be forwarded to Professional Standards Department, EP who have an auditing role within the process, and will maintain a register on behalf of the whole force. The Commander will ensure the complaint is registered and allocate the responsibility for investigation/resolution of the complaint to an individual known as the officer in the case (O.I.C.). Upon receipt of the Form 329, the OIC must make contact with the complainant as soon as practicable, explaining their role within the process and discuss the matter in full. A full explanation by the OIC should be given together with an apology if appropriate. The fact that the complaint is regarded as a Direction and Control Complaint should be explained, as should the fact that the complaint will be recorded. The OIC must make every effort to resolve the matter as expeditiously as possible and IN ANY CASE update the complainant every 28 days unless earlier resolution is achieved. Upon resolution the OIC must forward the completed Form 329 to the originating Divisional / Department Commander, who will endorse the outcome and forward to Professional Standards Department EP or disagree the outcome and re-allocate for further work to be done until a successful resolution is achieved. The issue raised and resolved may provide the immediate opportunity for the identification and 6

7 promulgation of lessons to be learnt; alternatively it may only be at the point of central analysis that this is achieved. ROLE OF PROFESSIONAL STANDARDS DEPARTMENT The Professional Standards Department unit have the responsibility of collating all Form 329 s on behalf of Wiltshire Police. The complaints will be analysed for trends and the Professional Standards Department will identify any issues where there are broader implications. Such issues will be raised with the appropriate forum for any necessary action. The Professional Standards Department has responsibility to report to the Police Authority every six months regarding the number, nature, extent and resultant actions of the Direction and Control complaints. The qualitative and quantitative data collated by Professional Standards Department will be monitored by Race and Equality, and Diversity Officers within Wiltshire Police and, where appropriate, may include a role for partner agencies such as Race Equality Council, Gay Men s Health, etc. ROLE OF RACE AND EQUALITY/DIVERSITY OFFICERS At the point of receiving and subsequently investigating a Direction and Control complaint, it may be appropriate to liaise with the Race and Equality officer or the Diversity officer within Wiltshire Police. These officers will also monitor the qualitative and quantitative data collated by Professional Standards Department. ROLE OF WILTSHIRE POLICE AUTHORITY Issues concerning direction and control of a force, by their nature, have the potential to have an impact on a Force s efficiency and effectiveness for which the Wiltshire Police Authority has a statutory responsibility. It is also accountable to local communities for the delivery of policing and therefore has a key role in overseeing and scrutinising force performance in relation to direction and control complaints. The Police Authority will therefore receive regular reports regarding the number, categories and progress of Direction and Control complaints. In addition a nominated member of the Police authority will review a sample of completed complaints every six months to ensure compliance with stated policy and procedure. 7

8 Where a complaint which appears to relate to the direction and control of Wiltshire Police is received directly by the Police Authority, the authority will satisfy itself, by preliminary enquiries, that the issue of the personal conduct of a senior officer is not in question. Once satisfied the complaint will be recorded on Form 329 and forwarded to Professional Standards Department EP in order to identify the relevant Division/Department Commander. ROLE OF THE INDEPENDENT POLICE COMPLAINTS COMMISSION As overall guardian of the complaints systems, the IPCC will have a legitimate role in monitoring whether forces are adopting appropriate procedures in the recording of conduct complaints and how decisions are made on whether a complaint falls with the conduct system or the direction and control system. The IPCC will be called upon in some cases to determine an appeal against a decision to treat a complaint as one of direction and control. The IPCC has no role however in monitoring the handling of Direction and Control complaints once they have been correctly placed outside the conduct system. 8

9 APPENDIX A Date/Time of recording Person Completing Full Name WILTSHIRE POLICE DIRECTION AND CONTROL COMPLAINT Division 1- Details of Complainant Address/Post Code Gender Male Date of Birth Occupation (preferred method of contact unless unsuitable) Telephone Numbers Home: Mobile: Work: Ethnicity Indian Pakistan Bangladeshi Any other Asian Caribbean African Any other Black background White and Black Caribbean White and Black African White and Asian Any other mixed Chinese Any other Ethnic group British Irish Any other White background Not Stated 3- Details of complaint b k d Complaint how made Letter Telephone Personal visit to Police Station (Specify Station): Time / date of incident Location of incident/ Division Details of Complaint Please Select Complaint Category DELIVER SATISFACTION DELIVER SAFETY POLICY AND PROCEDURE Telephone Contact Responding/Attending Incidents Updating Victims/Witnesses 9 Public Access Visibility and Reassurance Investigating Anti Social Behaviour Investigating Crime Policing Major Events/ Sporting Events Crime Road Policing General Police Duties Vehicle Recovery Written Communication Contact Issues (other) Addressing Road Safety Concerns Property Retention and Disposal

10 Person Appointed to deal Action Taken Complainant Updated Date: Date: Complainant Informed of the outcome Date: Outcome of complaint Details: COMPLIANT WITH EXISTING PROCEDURE/POLICY. NO REVIEW NEEDED COMPLIANT WITH EXISTING PROCEDURE/POLICEY, REVIEW NEEDED * NO PROCEDURE/POLICY IN EXISTENCE REVIEW NEEDED * NO PROCEDURE/POLICY IN EXISTENCE NO REVIEW NEEDED * If review of policy is necessary, please indicate what action has been taken for the review to take place) Signature of person dealing with D&C Date. PSD Decision maker Date 10

11 Appendix B Direction and Control complaints received by Telephone Letter Personal Visit Central Call Handling Professional Standards Sector/Dept Heads Any other member of Police org Resolved at first Contact Not resolved Receiver of complaint to record on F329 and forward to Div/Dept Commander Div/Dept Commander to allocate to appropriate person to resolve (OIC) Upon receipt, OIC to make contact with complainant and thereafter every 28 days until resolution reached. Upon resolution, OIC to forward F329 to Div/Dept Commander of Division concerned. Upon receipt, Div/Dept Commander to: Agree outcome Not agree outcome Endorse F329 Forward copy to PSD Professional Standards Department Collate Analyse trends Identify issues to relevant forum Resulting in action plan & measured outcomes Report to Police Authority re: numbers, nature & extent File Police Authority Every 6 months Review completed complaints Monitor 11