Dealing with direction and control complaints

December 1, 2010

New provisions came into force earlier this year covering the scrutiny of direction and control complaints by police authorities. Dave Hayward looks at what is involved.

The introduction of the IPCC (Independent Police Complaints Commission) and the implementation of the Police Reform Act 2002 introduces legislative requirements in respect of complaints against police that have been established to create a more open and transparent system.

However, there are other matters that are brought to the attention of the police that are not recordable misconduct matters. Section 14(2) of the Police Reform Act 2002 provides the power for the Secretary of State to issue guidance to Chief Officers and the Police Authority concerning Direction and Control complaints.

It also requires Police Forces to record consistently these issues. Such a register will provide the Chief Constable with a summary of Direction and Control complaints and the arrangements in place for their consideration. Equally, it will provide a robust platform from which the Police Authority, IPCC and HMIC (Her Majesty's Inspectorate of Constabulary) can monitor and oversee such complaints.

The precise nature of the investigation or consideration of each complaint, which relates to the Direction and Control of a force, will be determined by the terms of the complaint itself. Divisional Commanders and Departmental Heads should therefore consider this on a case by case basis. Nevertheless, the same principles should apply as they do to any other type of complaint - namely, that each complaint is considered carefully and on its individual merits. Timely responses, to meet current correspondence handling standards, should be provided to each and every complaint relating to Direction and Control of the force, which should provide as full a response or explanation as is reasonably possible to provide.

The effect of the Police Reform Act 2002 and the formation of the IPCC is to create three basic areas of complaint:

Misconduct
Civil Claims
Direction and Control

In addition to these there are the normal day to day contacts with Police by the public regarding questions and queries about policies, procedures and practices.

In March 2010 the Police Authorities (Particular Functions and Transitional Provisions) (Amendment) Order 2010 came into force. This order applies to complaints made to the Police by the public which are not complaints to which Part 2 of the Police Reform Act 2002 applies.

The order goes onto state that the relevant Police Authority shall monitor complaints made to the police force maintained for its area to which the article applies, and shall intervene where it appears to the authority that the response of the force to such complaints is unsatisfactory.

Two questions must be asked following the publication of this Order:

Have Police Authorities responded following the publication of this order?
Are Police Authorities effectively equipped to scrutinise Direction and Control Complaints relating to policy, process or procedure that will on occasions cover all aspects of operational policing?

Case Study 1

The Professional Standards Department record all details of complaints regarding Direction and Control of the Force on ‘Centurion’ computer software.

Once recorded, the appropriate Head of Department or Divisional Commander will be allocated to deal with the enquiry. The complaint will be dealt with at the lowest appropriate level. A ‘lessons learnt’ form will be placed with each file; it is the responsibility of the investigating officer to complete this form at the end of the investigation.

The Head of Professional Standards will coordinate enquiries in respect of Direction and Control complaints relating to direction and control exerted by the Chief Constable of Force, it is also the responsibility of the Head of PSD to register the lessons learnt and place them on a data base, this acts as the corporate memory of the Force and in turn records any action i.e. reviewing policy, process or procedures.

At present there is no specific scrutiny of Direction and Control complaints by the Police Authority however statistics from such complaints are incorporated into ‘Public Satisfaction’ and discussed at the Service Improvement Board; a member of the Police Authority is invited to sit on this board.

At present there has been no response by the Police Authority to the order.

Case Study 2

The Police Professional Standards Department record all details of complaints regarding direction and control on the ‘Centurion’ computer software. The Force has a current Policy in place concerning Direction and Control Complaints.

The policy provides the mechanism from which the Police Authority and HMIC can monitor and oversee such complaints.

It also provides the mechanism for the PA Complaints Committee to scrutinise individual direction and control complaints and the systems for recording and monitoring such complaints, when they conduct their regular personal scrutiny of Misconduct Complaints

The Complaints oversight committee have discussed the powers given to them by the Police Authorities (Particular Functions and Transitional Provisions) (Amendment) Order 2010 and formulated a process with the Head of PSD to monitor and scrutinise Direction and Control Complaints.

Case Study 3

The Professional Standards Department record details of complaints regarding Direction and Control of the force received by the Department on ‘Centurion’ computer software. Not all Direction and Control complaints are recorded by PSD, such complaints received on Division are placed on the TELLUS system. It is unclear who owns the policy with regards Direction and Control or in fact whether the Force looks for any corporate learning from such issues.

The Police Authority oversight committee receives monthly data on complaints concerning misconduct, however complaints concerning Direction and Control are not reported on.

At present there has been no response by the Police Authority to the order.

Opportunities

The amendment order gives additional statutory powers to Police Authorities concerning complaints not covered by part 2 of the Police Reform Act.

Although only based on limited research it would appear that few police authorities within the country have scrutiny in place to look directly at D&C complaints, it also questions whether PA are effectively equipped to look at such issues. Taking case study 3 as an example – it is unclear who owns the policy, it raises the question of how closure is brought about for such complaints and whether the force benefits from any learning from D&C complaints, effective scrutiny by the PA within this particular Force is clearly a priority.

Dave Hayward is a consultant (non solicitor) with Wilkin Chapman Goolden (www.wilkinchapman.co.uk) and former Chief Superintendent and Head of Professional Standards with Lincolnshire Police.

For more information, contact Jonathan Goolden on 0845 370 3117 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it..