Welcome to the February/March edition of Roundup.
Like all public services the Independent Office for Police Conduct has had to adapt the way it works to meet the unprecedented challenges of the COVID-19 pandemic. Our priority is to maintain our key statutory functions during the pandemic so that public confidence in policing can be maintained.
At the same time, we recognise and appreciate the extraordinary pressures and burdens placed on policing in these challenging circumstances. Their priority must remain to keep communities safe. We are having to manage a reduction in our capacity due to restrictions on travel and some staff being either unwell or self-isolating.
In the current environment and circumstances, this means any new investigations we take on will focus on our core work of investigating the most serious cases – those involving deaths, serious injury and/or allegations of serious misconduct and other incidents – that significantly and substantially impact public confidence in policing.
Read a full statement on changes to the way we are working during the COVID-19 pandemic.
Corporate news
Legislative reforms signal a new direction for police complaints system
On 1 February, the Home Office launched new reforms to the police complaints system which aim to make the system simpler and more effective.
The reforms make it easier for people to navigate the system and simplify the way that complaints can be handled. There is a greater emphasis on handling complaints in a reasonable and proportionate way and this allows more flexibility to resolve certain complaints quickly.
There are also changes that enable the system to deal with police misconduct more efficiently. These changes make investigation processes simpler and therefore quicker, and include a requirement to provide an explanation where investigations take longer than 12 months.
These changes build on our own work to improve timeliness and we now complete four out of five investigations within 12 months.
Importantly, the reforms aim to make the discipline system more proportionate by focusing disciplinary measures on more serious breaches of professional conduct.
They also encourage a much greater emphasis on learning from mistakes to improve policing overall.
Read about the reforms on our website or watch this short video.
Helping improve policing practice
The complaints and investigations we work on provide useful insights and learning that can inform policy, practice and processes. This is important in helping to reduce the risk of events recurring, in protecting people from harm or in better supporting police in their work at a local or national level. Some examples of learning from our work this month include:
- Thames Valley Police (TVP) and Her Majesty’s Revenue and Customs (HMRC) have agreed to review their guidance for officers on training exercises. This follows our investigation into a collision between a TVP motorcyclist and a car during an HMRC exercise, resulting in the deaths of the TVP officer and car passenger.
- The National Police Chiefs’ Council (NPCC) and Metropolitan Police Service (MPS) accepted a range of learning recommendations following our investigation into the circumstances surrounding a road traffic incident in which Robert and Shirley Wigzell died. We identified an absence of national guidance surrounding the use of life hammers – tools used by an officer(s) trapped in a vehicle who needs to escape – specifically in relation to officer training and replacing the kit when they become ineffective.
Investigations following deaths/serious injuries
Police forces must refer to us all deaths or serious injuries that happen during or following police contact. Investigating these matters is one of our key functions.
A Surrey Police sergeant was given management action and three police staff given final written warnings after the death of a woman in custody. Surrey Police has made significant improvements to its custody practices and procedures since the incident following our recommendations.
We confirmed we are investigating the circumstances surrounding the fatal shooting by Metropolitan Police Service officers of 20-year-old Sudesh Amman during a terrorism incident in south London on Sunday 2 February 2020.
We regrettably and reluctantly agreed to withdraw our directions to Bedfordshire Police regarding misconduct proceedings related to the death of Leon Briggs, a 39 year-old man who was experiencing a mental health crisis when he died in police custody in Luton in November 2013. We will continue to work with the Coroner to provide any evidence we have to the forthcoming inquest, while new legislation which came into effect on 1 February means the IOPC will have more control over these cases in the future.
Other investigations news
We found former Metropolitan Police Service (MPS) police officer PC Nicholas Desirliste had a case to answer for gross misconduct for pursing a relationship with a victim of domestic violence. PC Desirliste is now on the College of Policing’s barred list.
A written warning was received by Metropolitan Police Service officer, PC Marcus Esterson after our five-month investigation into the police officer. The MPS agreed with our findings and scheduled a disciplinary hearing to take place. The MPS gave the written warning after admitting the police officer had failed to adhere to policies and procedures before a road traffic collision in which a man sustained serious injuries.
A Kent Police officer was given a final written warning after being found guilty of gross misconduct at a directed hearing for the way a suspect was treated in custody.
We found a Warwickshire police officer answering an immediate response call could not have avoided a fatal collision with a woman on her mobility scooter in Bedworth. We also commended an Metropolitan Police Service officer for acting above and beyond his duties and responsibilities after he confronted a knife-wielding man who was threatening to stab himself and others.
We confirmed we are conducting an independent investigation into a road traffic incident involving a Metropolitan Police Service car which collided with two vehicles while responding to the terror attack in Streatham on Sunday 2 February 2020. Two members of the public and officers sustained injuries. The members of the public were taken to hospital for checks and discharged. Our independent scrutiny of police actions, particularly when people are injured, is a critical part of maintaining public confidence - even if officers are responding to a major incident.
We began three new investigations into Greater Manchester Police (GMP) in relation to the death of Anthony Grainger. Mr Grainger was fatally wounded in Culcheth, Cheshire, by a GMP firearms officer during a police operation in March 2012, resulting in investigations completed in 2013 and the 2018 respectively (see further below). Following the conclusion of the Anthony Grainger Public Inquiry in July 2019, GMP made referrals to us in relation to conduct matters arising from Mr Justice Teague QC’s report. The new investigations relate to the conduct of six officers for gross misconduct and misconduct.
We also uncovered serious failings in the National Domestic Extremism and Disorder Intelligence Unit (NDEDIU) and how it handled materials relevant to the Undercover Policing Inquiry (UCPI). Our investigation found that materials that may have been relevant to the UCPI were shredded by Metropolitan Police Service personnel. We also found that a former MPS officer would have had a case to answer for gross misconduct had they still been serving, for failure to take action after being informed that a unit within the MPS may have destroyed material relevant to the UCPI. Managers of NDEDIU should have done more to be clear about what material should be retained, and ensure they had an auditable process for destroying any material believed to be duplicates or not relevant to the inquiry.
Investigation summaries published in January
During February and March, we published 25 independent investigations summaries we recently closed on issues ranging from allegations of harassment, police responses to a missing person report, to use of Taser and deaths following police contact.
Operation Kentia learning recommendations drive changes to search warrants
Our Operation Kentia investigation has resulted in better training for police officers who will have a greater understanding of the use of search powers and warrants, with improvements in training both nationally and by the Metropolitan Police Service (MPS).
Operation Kentia investigated police conduct around applications for search warrants made by the MPS as part of Operation Midland. The investigation found no evidence that police officers had deliberately misled a district court judge, but found gaps in processes and systems.
Operation Kentia made 16 recommendations to improve policing practice, which will result in national changes to the application and checking of search warrants, as well as significant changes to policy and practices within the MPS. Of the nine recommendations made to the MPS, all have been accepted.
Director General Michael Lockwood said: “The public can have real confidence that the issues identified during Operation Kentia, and more broadly in Operation Midland, have been taken seriously.
“These will make tangible differences, with police officers now being better trained and having a better understanding of search powers and warrants, particularly around issues such as duty of disclosure, seizure of property, who attends the search and improved guidance.
“These changes will strengthen the way the MPS manages search warrant applications and it is encouraging they have taken prompt action to ensure mistakes are not repeated. The National Police Chiefs Council, College of Policing and the Criminal Procedure Rules Committee have been equally responsive and their work will have a national impact on policing practice. This highlights the importance of our work to identify learning and improvement in policing.”
A look at our Director General’s recent engagements
Our Director General Michael Lockwood recently met with Home Secretary The Rt Hon Priti Patel to discuss Operation Linden, our investigation of police conduct related to child sexual abuse in Rotherham.
Other meetings took place with representatives from Operation Resolve (the criminal investigation into the Hillsborough disaster), the Home Office and the Crown Prosecution Service to consider the way forward for ‘lessons learned’ and how best to preserve the Hillsborough legacy. The IOPC was asked for its advice on how best to work with Hillsborough families.
Michael also met with the Home Office Police Investigations & Review Commissioner Michelle Macleod.
Michael also attended the Association of Police and Crime Commissioners (APCC) and National Police Chiefs' Council (NPCC) Summit at Queen Elizabeth Conference Centre.
To support the legislative changes which came into effect on 1 February 2020 we published:
- A guide to the police complaints system
- Information for families – how we investigate and support you following a death
- Statutory guidance for the police complaints system
- Guidance on capturing data on police complaints
- Guidance on managing unacceptable and unreasonable complainant behaviour
- Applying the IPCC guidance on dealing with allegations of discrimination to cases after 1 February 2020
We also distributed issues of our Focus newsletter to forces with guidance on key legislative changes on topics ranging from access to the police complaints system, handling allegations about the chief officer, to decisions and thresholds and data capture. The Focus guidance can be accessed on our website.
Investigations started and completed
In the period April 2019 to March 2020 we completed 35% of the investigations we closed in six months or less, compared to 30% for the same period last year.
We continue to focus effort on closing older cases, which has had an impact on our recent performance data.
Appeals
*These figures may change as a result of data being recorded after the figures are collated.
**The percentage of upheld appeals is worked out from the number of appeals upheld over the total number of valid appeals completed.
PDF version of our performance data.
Find out how we are performing against our targets.
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Read previous issues here.