“Complaints Symposium” Wider Complaints Management APACE & PATS Seminar 6th October 2011 Jenni Douglas-Todd
Why should the P&CC monitor the constabulary’s complaint/conduct processes? Duty to secure the maintenance of the police force and that the police force is efficient and effective (PRSR Act 1(6)) Must hold chief constable to account in the exercise of the functions of the chief constable and the functions of persons under the chief constable’s direction and control (PRSR Act 1(7))
Expectations of the P&CC A full post-bag – as the visible accountable governance mechanism Transparency agenda – keeping the public informed
Expectations of the P&CC Reputation matters - Confidence and satisfaction up Keeping costs down
Scrutiny activity Scrutiny of force’s policies and procedures Compliance with statutory requirements Dip sampling Statistical analysis for trends Risk management – significant incidents Equality and diversity – including young people, custody and mental health service users
PCC effective in discharging duties Training on complaint and conduct matters for P&CC and Staff Policy and procedure in place for handling complaints against the Chief Constable
Transition Passing over of any ongoing chief constable complaints to P&CC Passing to chief constable any ongoing complaints of other senior officers now under his/her direction and control i.e ACC/DCC
Complaints against the PCC (non-criminal behaviour) Informal resolution at the discretion of panel – eg by sub committee, single member or even external to the panel. All can be considered by panel as a whole Panel can request information and publish a report/ recommendations and may invite others to provide information PCC has 28 days to resolve. If complainant not satisfied must inform panel. If Panel believes actions satisfactory no further action. Otherwise opportunity for both PCC and complainant to comment – must be recorded SoS to issue light touch guidance.
Considerations What is the role of the monitoring officer in this process? Should the panel agree a protocol with PCC on how it will be dealt with If information is published – will this prejudice subsequent criminal or civil proceedings No power between elections for removal of the PCC
Legislation and guidance Police Reform and Social Responsibility Act 2011 Police Reform Act 2002 Raft of secondary legislation currently being drafted Information produced by HMIC, IPCC Recent police integrity review