Introduction from Michael Lockwood, Director General
Welcome to the latest edition of Roundup, which covers our work during October, November and December 2020.
Looking back on the last year, I have been really proud of how we dealt with the significant difficulties of the pandemic. It has been our biggest operational challenge as an organisation. We maintained business continuity by moving quickly to working from home, assessing the impact of lockdown on our service users and stakeholders and adapting to ensure we continued to deliver on our work to improve public confidence in policing.
Despite COVID, timeliness and quality continued to improve. We made more learning recommendations than ever before and delivered a significant programme of work during 2020. Highlights include:
- publishing our impact report, demonstrating the difference our work makes
- announcing our thematic work on discrimination cases and beginning a programme of training for investigators
- publishing our Learning the Lessons magazine to improve policing practise
- working with our Youth Panel to create a guide on how young people can more easily understand how to make a complaint
- publishing our annual statistics report on deaths during or following police contact
- completing numerous investigations, including some very high-profile ones, such as Operation Lansdowne
- responding to legislative reforms introduced on 1 February 2020 and supporting police forces to implement the necessary changes
As we move into the new year, we will need to continue to adapt to the ongoing changing circumstances. The next few months will continue to be difficult, but we must retain the learning from the new ways of working we have had to implement during 2020. We should be proud of what we have achieved during a very difficult year. We have a very strong base, which I am confident we will build on further. We should look forward to 2021 with great confidence.
Michael Lockwood
Director General
Victims’ Right to Review Scheme launched
On 1 December, 2020, we launched our Victims’ Right to Review (VRR) Scheme, which allows victims to request a review in cases where we decide not to refer matters to the Crown Prosecution Service (CPS).
At the end of investigations where we find evidence to suggest that someone may have committed a criminal offence, we decide whether the case should be referred to the CPS. This is so the CPS can look at the evidence and decide whether anyone should be charged. In a case where no referral is made, the VRR enables victims to request a review of the decision by a new decision maker.
Although we are not required by law to have this policy, the VRR brings our organisation in line with similar schemes operated by the CPS and police forces. We hope the introduction of our scheme promotes further public confidence in all parts of the police complaints system.
IOPC welcomes W80 decision
In October, the Court of appeal made a decision about a case on the use of force by police officers, which clarifies an important principle of policing. This case related to the fatal shooting of Jermaine Baker in December 2015, by an officer known for legal reasons as W80. The decision provides clarity, with the court summary stating that:
“It was wrong to say that there could be no misconduct wherever an officer used proportionate force based on an honest belief that he was in danger. If the officer made an honest mistake, the disciplinary panel must still determine whether the use of force was reasonable in all the circumstances. In many cases, an honest mistake is also likely to be found to have been reasonable in all the circumstances, but there will be some cases where it will not”.
IOPC Director General Michael Lockwood said: “This is an important legal decision for maintaining public trust and confidence in a system which ensures police are accountable for upholding the standards of professional behaviour.
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 recent work includes:
Learning recommendations on stop and search
The Metropolitan Police Service accepted all 11 of the recommendations we made to improve the way it exercises stop and search powers and consider disproportionality. We completed five investigations involving the stop and search of Black men and reviewed the collective evidence to consider disproportionality, legitimacy and how force was used.
In making the learning recommendations, we consulted with and listened to feedback from organisations and people who are most affected and have lived experience of stop and search. This included Y-Stop and Stopwatch, our own Youth Panel, and a range of stop and search Scrutiny Panel Chairs including the Pan-London Chair.Learning points on custody procedures after man’s death
We raised a number of learning points on custody procedures, which Devon and Cornwall Police accepted, following our investigation into the death of a man detained at Torquay Police Station in September 2016. The man was arrested in Paignton and taken to Torquay custody suite. A risk assessment was carried out and he was seen four times by healthcare professionals, who deemed him fit to remain in custody and treated him for alcohol withdrawal. Sadly, the man died in an ambulance on the way to hospital a few hours later.
We found one detention officer had a case to answer for gross misconduct over failures to carry out adequate welfare checks on a number of occasions. Devon and Cornwall Police agreed and at a disciplinary hearing arranged by the force in 2018, the officer received a written warning. A referral was also made to the Nursing and Midwifery Council about a healthcare professional.Directorate of Professional Standards makes changes to working practices
Our investigation into allegations that individuals within the Metropolitan Police Service’s Directorate of Professional Standards (DPS) abused their position to affect ongoing investigations has led to changes in working practices. Our investigation examined if there were systemic issues within processes, culture, leadership and internal communication. The DPS has now changed its internal processes and is also working to improve communication between officers.
This was a very detailed and complex investigation, which found the allegations were either not corroborated or were disproved by the evidence. This resulted in a finding of no case to answer.
Investigations following deaths, serious injuries and police use of force
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.
- Our investigation into whether corruption played a part in the original investigation into the murder of Stephen Lawrence and the attack on Duwayne Brooks on 22 April 1993 is complete. A file of evidence is being provided to the CPS to consider whether anyone should face charges. This extensive investigation was conducted over six years by the National Crime Agency (NCA) under the IOPC’s direction and control. It involved gathering and analysis of several million pages of information and intelligence from the last 27 years. NCA investigators also interviewed over 150 people, including serving and former police officers and staff, witnesses and others, such as journalists with in-depth knowledge of the original investigation.
- We are conducting an investigation into the fatal shooting of a man by Wiltshire Police in Swindon on 8 November. Police were called to reports of an argument between two men. During the incident a man was shot in the chest by a firearms officer. We understand officers began CPR, but sadly the man was pronounced dead in the ambulance. Our investigators attended the scene and police post-incident procedures. They are also reviewing initial accounts and body worn video.
- We started an independent investigation into the involvement of West Midlands Police before a road collision in Kingswinford, which resulted in the deaths of four young people. In October, a car lost control in Bromley Lane and hit a tree. A short time before the collision the car had come to the attention of a marked police vehicle. Following a referral from the force we are now investigating the incident.
- A South Yorkshire Police officer will appear in court charged with unlawful and malicious wounding after an incident following a Sheffield Wednesday vs Barnsley football match. A 16-year-old boy was injured in the incident. We completed our investigation in August and referred a file of evidence to the CPS, which made the decision to charge the officer.
- We will resume our independent investigation into South Yorkshire Police (SYP) contact with a man before a woman’s death in Doncaster in June. The man was due to stand trial for the woman’s murder, but was found dead in prison on 22 November. Our investigation will examine the contact between SYP and the victim, and whether their decision-making and actions were in accordance with policies and guidance.
- We have published our investigation report on the actions of Greater Manchester Police (GMP) concerning the death of a 12-year-old girl. The girl was reported missing by her mother in June 2019. Sadly, her body was later recovered from a river. Our investigation followed a complaint from the girl’s mother, who alleged that officers failed to conduct an effective investigation and prematurely concluded that her daughter’s death was not suspicious.
Read more about our work on police use of force on our website.
Investigations into other serious and sensitive matters
A West Midlands Police officer was charged with three assaults, which allegedly took place during separate incidents in Birmingham over a four-day period. The officer was charged with common assaults in relation to the stop and search of a man at Aston, the stop and search of another man at Handsworth and the detention of a young person at Newtown.
A Devon and Cornwall Police officer was dismissed without notice at a misconduct hearing arranged by the force. This follows our investigation into allegations of abuse of position for sexual purpose. The officer was alleged to have obtained the contact details of two vulnerable women through police computer systems and used his position to pursue inappropriate relationships with them.
As part of Operation Forbes, we concluded the second of three investigations looking at allegations of corruption and discrimination at Cleveland Police. Following an appeal by the complainant, and after careful consideration of the available evidence, we concluded there was insufficient evidence to indicate misconduct or criminality by the officers and former officers involved.
We referred a file of evidence to the CPS about allegations that two police officers took inappropriate photographs at a crime scene and subsequently shared them. This follows our criminal investigation into serious allegations of misconduct in a public office. We launched a separate investigation into a further six officers who were allegedly aware of the inappropriate photographs and failed to challenge or report them.
A Hampshire Constabulary detective constable has been charged with forging a witness statement following our investigation. It is alleged the officer completed and signed the statement of a witness during the investigation into the murder of Lucy-Anne Rushton.
A Surrey Police Detective Constable has been dismissed without notice at a misconduct hearing arranged by the force. The officer was investigated over allegations he breached police standards of professional behaviour. Our investigation found a case to answer for gross misconduct for the officer and Surrey Police agreed with our findings.
During the quarter, we met with community groups to ensure we’re listening to and responding to their questions and concerns. These include the Hackney Scrutiny Commission on stop and search, our Manchester Community Reference Group on the Chester Road taser investigation, stakeholders interested in the Harringey/Hackney Ferry Lane investigation, the Manchester Community Reference Group and the Pan London Chair’s meeting of 32 Independent Advisory Groups (these are community groups that advise the police).
Working with young people
We continued our focus on increasing awareness and improving the confidence of young people by getting involved in a range of sessions. These include:
- Our Regional Director Sal Naseem, staff and IOPC Youth Panel members attended the Youth Action Group, London Violence Reduction Unit.
- Regional Director Derrick Campbell spoke to young people at an online conference hosted by the Park Lane Christian Centre in Birmingham.
- Our IOPC Youth Panel met with the Cleveland Police and Crime Commissioner’s Youth Commission to support their work to improve understanding of the complaints system.
- Our Youth Panel attended a meeting of our External Stakeholder Reference Group (made up of government, police and community representatives).
- Our staff and Youth Panel met with the Youth Advisory Group on equality and diversity.
- Our staff attended the Greater London Authority Black Lives Matter youth outreach session.
- Our staff and Youth Panel members met with the Wembley Community Reference Group.
- Our Youth Panel met with staff to learn about our future plans and spoke with Caroline Adams from NPCC about how young people can directly influence policing.
Improving public confidence among BAME communities
In October, we attended the Leeds and York Partnership NHS Foundation Trust’s Race Equality Network to raise awareness of the police complaints system among frontline workers.
Our staff also attended a race and equality meeting with the chair of the Race Equality Taskforce for Liverpool City Council and Head of Mayoral Programme Delivery of Liverpool City Region Council. We discussed ways in which we can support their work.
Explaining our role to new starters at police professional standards departments
We conducted three sessions with new starters at police professional standards departments. We explained our role and the work we do to oversee the police complaints system.
We published our annual ‘Deaths during or following police contact’ report for 2019/20. The statistics provide an official record of the number of such deaths, the circumstances in which they happen, and any underlying factors.
IOPC Director General Michael Lockwood said: “Every death is a tragic loss for the families and loved ones involved, and can have a profound effect on others.
“Police have hundreds of thousands of interactions with the public each year. Where deaths do occur following contact with police, it is important we have in place robust systems of investigation and accountability, identifying learning where we can so changes can be made to reduce future risks.”
Investigation summaries published in October, November and December
In the last quarter we published summaries of 35 independent investigations closed recently. They covered the use of force during arrests (including use of Tasers), deaths and serious injuries during pursuits, and how forces responded to reports of missing persons and concerns for welfare.
Investigations started and completed
Between April 2020 and Oct 2020, we completed 83% of the investigations we closed in 12 months or less, compared to 77% in the same period last year.
Between April 2020 and Nov 2020, we completed 83% of the investigations we closed in 12 months or less, compared to 75% in the same period last year.
Between April 2020 and December 2020, we completed 84% of the investigations we closed in 12 months or less, compared to 77% in the same period last year.
We continue to focus effort on closing older cases, which has had an impact on our recent performance data.
This investigations data is taken from a live case management system and therefore may differ from previously published data.
Percentages have been rounded up and so may not total 100%.
Appeals
*This figure may change as a result of data being recorded after the figures are collated.
The % of upheld appeals is worked out from the number of appeals upheld over the total number of valid appeals completed.
PDF version of our October performace data.
PDF version of our November performance data.
PDF version of our December performance data.
Find out how we are performing against our targets.
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