A file of evidence relating to allegations that two police officers took inappropriate photographs at a crime scene and subsequently shared them has been referred to the Crown Prosecution Service (CPS), and fast time learning recommendations have been made to the Metropolitan Police Service (MPS).
The IOPC has been conducting a criminal investigation into serious allegations of misconduct in a public office following a referral from the MPS on 19 June after the deaths of Nicole Smallman and Bibaa Henry.
In addition, we launched a separate investigation to examine the conduct of a further six officers who allegedly were either aware of, received or viewed the inappropriate photographs and failed to challenge or report them.
The majority of lines of enquiry for this investigation are nearing completion. At its conclusion we will produce a final report detailing the evidence gathered and outlining our findings. This will be shared with the MPS in order to determine what further action will follow.
Other investigations which stem from, but are not connected to the original investigation, continue. These examine allegations officers shared or utilised answers prior to a police exam, the use of discriminatory language and an allegation one officer took an inappropriate photograph at the scene of a sudden death and subsequently shared it. These investigations are examining potential breaches of honesty and integrity, and equality and diversity. IOPC investigators continue to gather and analyse the evidence.
In total 13 officers have been informed their conduct is under investigation for potential breaches of standards of professional behaviour.
We have identified areas for learning and have made two fast time learning recommendations to the MPS, which are:
- the MPS should take steps to ensure all officers within a single police station in the north-east command conform to the expectations of their behaviour under the Code of Ethics, whilst on and off duty, and are aware that failure to do so could severely damage the public’s confidence in policing
- the MPS should review whether supervisors and senior management at that police station are taking personal responsibility to identify and eliminate patterns of inappropriate behaviour, whilst simultaneously promoting a safe and open culture which makes clear to officers and staff that they are dutybound to challenge and report behaviour that does not align with the Code of Ethics.
Our separate investigation into how the MPS handled a number of calls from the family and friends of Nicole Smallman and Bibaa Henry who were concerned about their whereabouts between 6-7 June, remains ongoing. One officer has been informed that their conduct is under investigation following an indication they may not have progressed these reports appropriately.
IOPC Regional Director for London Sal Naseem said:
“As a result of our enquiries so far we have made two fast-time recommendations to the Metropolitan Police Service. These seek to ensure that police officers, their supervisors and senior management teams all take responsibility for a culture that is in line with the Police Code of Ethics and where inappropriate behaviour can be openly challenged.
“Last month we also referred one strand of our investigation to the Crown Prosecution Service as the evidence we have gathered indicates a criminal offence may have been committed. A report has also been sent to the Metropolitan Police Service to consider its next steps in terms of potential disciplinary proceedings for the two officers.
“Uppermost in our mind remain the family of Nicole and Bibaa, and we continue to provide them with regular updates. We also ensure the officers involved are aware of developments in our investigation.”
A referral to CPS does not mean that criminal charges will necessarily follow. The CPS will decide whether charges should be brought and if so what charges those should be, based on the test set out in the Code for Crown Prosecutors.
An act of parliament that provides the core framework of police powers to combat crime and provide codes of practice for the exercise of these powers.
Leads and manages the development of the police service in England, Wales and Northern Ireland.
The body that represents the interests of all police constables, sergeants, and inspectors.
Deals with someone’s inability or failure to perform to a satisfactory level, but without breaching the Standards of Professional Behaviour.
Focuses on putting an issue right and preventing it from happening again by encouraging those involved to reflect on their actions and learn. It is not a disciplinary process or a disciplinary outcome.
Department within a police force that deals with complaints and conduct matters.
Refers to lower-level misconduct or performance-related issues, which are dealt with in a proportionate and constructive manner.
This means doing what is appropriate in the circumstances, taking into account the facts and the context in which the complaint has been raised, within the framework of legislation and guidance.
The average is calculated using the individual results of the forces in that most similar force group.
An investigation carried out by IOPC staff.
Carried out by the police under their own direction and control. The IOPC sets the terms of reference and receives the investigation report when it is complete. Complainants have a right of appeal following a supervised investigation (unless it is an investigation into a direction and control matter).
This act sets out how the police complaints system operates.
How a police force is run, for example policing standards or policing policy.
An investigation carried out by the police under the direction and control of the IOPC.
The organisation that is responsible for assessing how to deal with a complaint. For example – whether it can be handled locally or reaches the criteria for referral to the IOPC. The appropriate authority may be the chief officer of the police force or the PCC for the force. If a complaint investigation finds that someone has a case to answer for misconduct, the appropriate authority is responsible for arranging any misconduct proceedings. If you make a complaint, the appropriate authority for your case will contact you.
An intelligence-led agency with law enforcement powers, it is also responsible for reducing the harm that is caused to people and communities by serious organised crime.
Policing bodies include police and crime commissioners, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
Investigations carried out entirely by the police. Complainants have a right of appeal following a local investigation (unless it is an investigation into a direction and control matter).
IOPC guidance to the police service and police authorities on the handling of complaints.
A complaint or recordable conduct matter that doesn’t need to be referred to the IOPC, but where the seriousness or circumstances justifies referral.
Parameters within which an investigation is conducted.
A person is adversely affected if he or she suffers any form of loss or damage, distress or inconvenience, if he or she is put in danger or is otherwise unduly put at risk of being adversely affected.
This is where a manager deals with the way someone has behaved. It can include: showing the police officer or member of staff how their behaviour fell short of expectations set out in the Standards of Professional Behaviour; identifying expectations for future conduct; or addressing any underlying causes of misconduct.
This could be the Police and Crime Commissioner, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A breach of standards of professional behaviour by police officers or staff so serious it could justify their dismissal.
A matter where no complaint has been received, but where there is an indication that a person serving with the police may have committed a criminal offence or behaved in a manner that would justify disciplinary proceedings.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
Quarter 1 covers 1 April - 30 June
Quarter 2 covers 1 April - 30 September
Quarter 3 covers 1 April - 31 December
Quarter 4 covers the full financial year (1 April - 31 March).
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
Used to house anyone who has been detained.
Complainants have the right to appeal to the IOPC if a police force did not record their complaint or notify the correct police force if it was made originally to the wrong force.
The purpose of an investigation is to establish the facts behind a complaint, conduct matter, or DSI matter and reach conclusions. An investigator looks into matters and produces a report that sets out and analyses the evidence. There are three types of investigations: local, directed and independent.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
A person who makes a complaint about the conduct of someone serving with the police.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
List of officers and staff who have been dismissed from policing, or would have been if they had not retired or resigned.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
An independent judicial officer, the coroner enquires into deaths reported to him/her.
A breach of the Standards of Professional Behaviour that would justify at least a written warning.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
A record is made of a complaint, giving it formal status as a complaint under the Police Reform Act 2002.
This is a format where information is written in plain English and short sentences.
The IOPC must be notified about specific types of complaint or incidents to be able to decide how they should be dealt with.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
Casework involves assessing appeals. Casework staff also have a role in overseeing the police complaints system to help ensure police forces handle complaints in the best possible way.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
Conduct includes acts, omissions, statements and decisions (whether actual, alleged or inferred). For example: language used and the manner or tone of communications.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
