Source · Select Committees · Home Affairs Committee
Sixth Report - Police Conduct and Complaints
Home Affairs Committee
HC 140
Published 1 March 2022
Recommendations
6
Deferred
Para 54
Appoint an independent chair alongside the IOPC director general to restore checks and balances
Recommendation
It has been argued that uniting the roles of chair and director general of the IOPC aids clearer decision-making and action. We disagree. This is not normal practice and it detracts from the ability properly to scrutinise the executive action …
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Government Response Summary
The government did not address the recommendation to appoint an independent chair alongside the IOPC director general. Instead, it discussed risks related to representation in Police Standards Departments and stated it would outline actions on ethnic minority staffing in PSDs in its response to the Macpherson report.
Home Office
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7
Accepted
Para 62
Consider police complaints within the ongoing PCC model review and assess PCC involvement
Recommendation
We urge the Government to consider police complaints as part of the review of the PCC model currently under way and to make an early assessment of PCC involvement in the police complaints system.
Government Response Summary
The government's response focused entirely on the complaints and discipline system reforms it implemented in February 2020, including new statutory duties and IOPC powers. It did not address the recommendation to consider police complaints as part of the ongoing review of the PCC model or assess PCC involvement in the complaints system.
Home Office
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10
Deferred
Fund PCCs adequately to implement Models 2 or 3 for complaint-handling roles
Recommendation
We urge the Government to fund PCCs adequately to take on Models 2 or 3 as a minimum requirement in their complaint-handling roles. This will provide PCCs the opportunity to work more closely with their forces, for example, to record …
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Government Response Summary
The government did not commit to funding PCCs for specific complaint-handling models or systematic monitoring. Instead, it committed to updating the police super-complaints website to clarify collaboration between designated and non-designated bodies.
Home Office
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13
Deferred
Para 92
Urge Home Secretary to respond promptly to the Macpherson report findings
Recommendation
More than six months on from its publication, the Home Office has not yet responded to our report on Macpherson and has given no indication of when it will respond. We urge the Home Secretary to respond to that Report.
Government Response Summary
The government did not commit to responding to the Macpherson report. Instead, it agreed there is a case for greater coordination of recommendations from different bodies and committed to considering this proposal further, including how to better track progress against IOPC recommendations.
Home Office
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15
Accepted in Part
Para 97
Resource Professional Standards Departments properly and address BME staffing disparity urgently
Recommendation
PSDs should be properly resourced to ensure complaint and conduct matters are handled to a high standard and in a timely manner. We repeat the recommendations made in our Macpherson report to address urgently the disparity in BME staffing in PSDs.
Government Response Summary
The government recognises the risk of a lack of ethnic minority representation in PSDs and commits to outlining urgent actions in response to the Macpherson report, but does not specifically address the recommendation for proper resourcing of PSDs.
Home Office
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16
Accepted
Para 98
Some police forces demonstrate an absence of urgency and non-cooperation in investigations.
Recommendation
There is a clear absence of urgency and a culture of non-co-operation from some police forces involved in investigations. Appropriate sanctions must follow for any officer served with disciplinary proceedings, whether serving or retired. We welcome the legislation that exists …
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Government Response Summary
The government states it strengthened the complaints and discipline systems in February 2020, introducing integrity reforms, a statutory duty of cooperation, and new IOPC and legally qualified chair powers to address timeliness and sanctions for officers.
Home Office
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17
Accepted
The statutory and regulatory frameworks require full utilisation for fair officer sanctions.
Recommendation
The available statutory and regulatory frameworks must be used by forces and the IOPC to obtain fair, transparent and appropriate sanctions against officers. (Paragraph 98) The IOPC complaints system
Government Response Summary
The government states it strengthened the complaints and discipline systems in February 2020 with integrity reforms, introducing new statutory duties and powers for the IOPC and misconduct panels to ensure fair and appropriate sanctions.
Home Office
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18
Acknowledged
Para 103
IOPC must expedite investigations and use reinvestigation powers sparingly and judiciously.
Recommendation
The example of its taking seven years to clear one police officer of misconduct is exceptional, but demonstrates why the IOPC must focus its efforts on concluding investigations as quickly as possible. Quite aside from the effect on an individual’s …
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Government Response Summary
The government notes IOPC progress in minimizing investigation delays but agrees more can be done, highlighting revised IOPC guidance for police witnesses. It expresses a desire for improved cooperation from police organizations and mentions wider work on misconduct statistics and the Angiolini Inquiry.
Home Office
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20
Accepted
Para 116
Police forces require a culture of rapid, open response to conduct complaints.
Recommendation
A culture needs to be created within police forces—established by and led from the top—that requires rapid, open and non-defensive response to complaints about conduct, both to deal with misconduct where it arises and to clear the names and reputations …
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Government Response Summary
The government agrees on the need for cultural change in policing and is addressing it through the Angiolini Inquiry, tasks given to the police inspectorate, and the College of Policing's Code of Ethics review, which will produce a Code of Practice for chief officers.
Home Office
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21
Acknowledged
Para 117
IOPC and police forces must strengthen efforts to minimise delays and ensure accountability.
Recommendation
The IOPC must use its powers effectively to minimise delays to investigations at an early stage of the process. It should proactively call to account those responsible for delays or who refuse to co-operate with investigations. Police forces, individual officers …
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Government Response Summary
The government notes IOPC progress on minimizing delays and agrees more can be done, highlighting IOPC's revised guidance for police witnesses and the College of Policing's review of the Code of Ethics to promote challenging bad behavior. It also references the Angiolini Inquiry for wider policing matters.
Home Office
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22
Acknowledged
Para 118
Require Government to ensure timely IOPC investigations and consider stronger guidance.
Recommendation
The progress the IOPC has made in clearing 91% of its core investigations within 12 months is welcome and must be maintained. While there are risks in setting time targets for investigations (not least the incentive for those under investigation …
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Government Response Summary
The government notes the IOPC's progress in minimizing investigation delays and their revised guidance for police witnesses. It agrees that further work on end-to-end system timeliness is needed and would welcome Home Office leadership on this issue, but does not commit to stronger governmental guidance on inquiry lengths.
Home Office
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25
Accepted
Para 141
Ensure Home Office super-complaints website highlights designated body collaboration with non-designated groups.
Recommendation
We urge the Home Office to highlight, on its super-complaints’ website, that the 16 designated bodies should collaborate with non-designated bodies as appropriate to make a complaint on matters raised by non-designated bodies. Clarity of information is essential to ensure …
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Government Response Summary
The government commits to updating the police super-complaints website on gov.uk to explicitly state that designated bodies should collaborate with non-designated organisations and make complaints based on matters raised by them.
Home Office
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27
Accepted
Urge IOPC to proactively communicate and defend its police complaint decisions.
Recommendation
The IOPC has a statutory duty to uphold confidence in the police complaints system; and we urge the IOPC to embrace this role and to proactively communicate and defend the decisions it makes. (Paragraph 142) 50 Police Conduct and Complaints
Government Response Summary
The government states that the IOPC is already making concerted efforts to uphold confidence in the police complaints system through greater transparency, stakeholder engagement, improved timeliness, and thematic reviews, with their new strategy focusing even more on public confidence.
Home Office
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29
Deferred
Para 151
Require Government to monitor and review accountability for implementing IOPC recommendations bi-annually.
Recommendation
We recommend that the Government monitor and review bi-annually how effectively local policing bodies are holding their chief constables accountable for implementing IOPC recommendations to their forces, and report the outcomes to us.
Government Response Summary
The government will consider, in conjunction with the IOPC, how to go further in tracking and reporting on forces' implementation of IOPC recommendations, but does not commit to the recommended bi-annual monitoring by local policing bodies or reporting to the committee.
Home Office
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30
Acknowledged
Review and centrally publish IOPC, HMICFRS, and Coroners' learning recommendations data.
Recommendation
We urge the Government to review how IOPC, HMICFRS, and Coroners’ learning recommendations are reported to the public in a more joined-up and meaningful way. We recommend that data be published centrally, in order to simplify and streamline access to …
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Government Response Summary
The government agrees there is a case for greater coordination and clarification on learning recommendations and will consider the proposal for central publication further, exploring possible join-up with IOPC and other bodies.
Home Office
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Conclusions (17)
1
Conclusion
Accepted
Para 6
It is an inevitable part of any complaints system that those whose complaints are not upheld will be discontented. There is none the less a perception that complaints against police officers are unlikely to succeed and that investigations are over- complex, take too long and frequently result in limited action …
Government Response Summary
The government agreed that the existing governance structure of the IOPC, including the combination of Director General and Chair roles, will be considered as part of the Home Secretary's periodic review of the IOPC, which is expected to start in early 2022/23.
2
Conclusion
Rejected
Para 8
It should be clear that a police officer accused, for example, of mistreating a member of the public or of bullying colleagues or subordinates should be subject, like any other person working in the public service, to investigation and sanction if proven to have done so. Public confidence is undermined …
Government Response Summary
The government stated it could not agree to the recommendation due to the timing of its PCC review, but committed to assessing the impact of police complaints reforms implemented in February 2020, including the enhanced role of Police and Crime Commissioners.
3
Conclusion
Deferred
Para 28
The question arose during our inquiry whether the IOPC should be staffed by investigators who were not former police officers. Opinion divided on whether those who had served in the police should be excluded for potentially ‘marking their own homework’ or that of their colleagues. On the other side of …
Government Response Summary
The government stated it would not prescribe how police funding should be spent or how local decisions should be taken, referring instead to the overall police funding settlement and the role of Police and Crime Commissioners in ensuring a robust complaints system, thereby deflecting from the specific recommendation about widening the IOPC's investigator candidate pool.
4
Conclusion
Deferred
Para 31
Each complaint has unique features, and we have heard from a significant number of people whose dealings with police forces, the IOPC or its predecessor have left them unsatisfied with the investigation of their complaints or the level of sanction applied to officers found to have misconducted themselves. This includes …
Government Response Summary
The government agreed on the need for transparency but is not minded to prescribe new legal formats, deferring to existing frameworks and the independence of bodies like the IOPC, police, and CPS. It noted work already underway by these bodies and committed to keep the recommendation under review.
5
Conclusion
Deferred
The sorry story of Operation Midland and subsequent inquiries into how it was conducted demonstrates why a robust complaints and conduct system is necessary if the public is to be confident that police officers behave properly and will be held to account and suitably sanctioned if they do not. Lady …
Government Response Summary
The government largely highlighted its past actions, such as 2020 reforms to strengthen accountability and improvements to data collection. It stated its intention to provide a full and detailed response, including concrete actions, to the Committee's separate report on Macpherson in May.
8
Conclusion
Accepted
Para 63
It may be too soon to understand whether PCC involvement in the police complaints system is realising the benefits the Government hoped for, but we are concerned that the Government is not doing enough to monitor implementation of the new PCC complaint models or to encourage their uptake.
Government Response Summary
The government agreed further work is needed on cultural change and committed to several actions: establishing the independent Angiolini Inquiry, tasking the police inspectorate to examine conduct and culture, and releasing new experimental police misconduct statistics in May. It also highlighted the College of Policing's review of the Code of Ethics to promote openness and accountability.
9
Conclusion
Accepted
Para 64
We note enhanced opportunities for PCCs to play a greater role in the local complaints process following reforms introduced in 2020. The three models present a unique opportunity for PCCs, as part of their complaint-handling responsibilities, to support proactively and systemically more effective complaints systems within their forces, although nothing …
Government Response Summary
The government acknowledged the need for further work on timeliness and confirmed the Home Office is due to publish experimental police misconduct statistics in May, which will include initial analysis of end-to-end investigation timeliness. It also reiterated the College of Policing's Code of Ethics review and the Angiolini Inquiry.
11
Conclusion
Deferred
The Government’s recent changes to the police complaints and discipline systems were intended to simplify and speed up the process. Nonetheless, the language used to explain systems to members of the public who wish to make complaints remains too complex and too technical: this contributes to public disengagement and lack …
Government Response Summary
The government largely deflected by detailing the IOPC's ongoing efforts to uphold confidence, improve transparency, and engage with stakeholders. It also highlighted the IOPC's new Strategy 2, which will focus even more on increasing public confidence in the complaints system.
12
Conclusion
Accepted
Para 81
The police complaints system needs to be simpler and more transparent. We welcome IOPC statutory guidance which encourages forces to use accessible language and formats to explain the system, but it is not evident that all forces are yet doing this. All key stakeholders in the policing sphere (IOPC, NPCC, …
Government Response Summary
The government noted existing requirements for publishing IOPC recommendations and force responses. It committed to considering, with the IOPC, how to better track progress on recommendations and highlighted that an amended Specified Information Order, which came into force on May 31, 2021, now requires PCCs to publish data on complaint handling.
14
Conclusion
Acknowledged
Para 97
Evidence to our inquiry suggests that insufficient focus is given to the staffing and operation of some professional standards departments including their culture, transparency and ethnic diversity representation.
Government Response Summary
The government recognises the risk of a lack of appropriate representation in professional standards departments and commits to outlining urgent actions regarding ethnic minority staffing disparities in a future response to the Macpherson report.
19
Conclusion
Acknowledged
Para 116
It is unsatisfactory and unedifying to hear policing organisations blame the IOPC for delay while the IOPC suggests officers may drag their heels in cooperating with investigations. Nor is it wholly sufficient for Chief Constable Guildford to suggest Police Conduct and Complaints 49 the IOPC could resolve some of that …
Government Response Summary
The government acknowledges the issue of delays and cooperation, noting the IOPC's efforts, including revised guidance for witnesses. It expresses disappointment with the Police Federation's stance but looks forward to working with police forces to improve cooperation.
23
Conclusion
Accepted
Para 140
We welcome the IOPC’s work on thematic reviews, specifically its aim to identify systemic learning by taking on more independent investigations in these areas and to improve public confidence in policing and the wider system. Ultimately, the result of such thematic reviews should be manifest in increased public confidence in …
Government Response Summary
The government states the IOPC is already making concerted efforts to uphold public confidence in the police complaints system through actions like thematic reviews, improved transparency, and stakeholder engagement, which are central to its current and upcoming strategies.
24
Conclusion
Acknowledged
Para 141
We welcome the super-complaints process and are encouraged by the Home Office’s pledge to review the designated bodies that can submit super-complaints on systemic issues in policing to include a broader range of organisations, including disability organisations.
Government Response Summary
The government notes and expresses pleasure regarding the Committee's positive comments on the February 2020 reforms and its encouragement for the Home Office's pledge to review designated super-complaint bodies.
26
Conclusion
Accepted
Para 142
Evidence to our inquiry suggests the IOPC could do better in defending its role in police complaint decisions which, though they may not always be amenable to forces or police associations, must be accepted and acted upon if public confidence in accountability in policing is to be improved.
Government Response Summary
The government states that the IOPC is already making concerted efforts to uphold confidence through transparency, improved investigation timeliness, and thematic reviews, and is continuing this focus with its current and new strategies.
28
Conclusion
Deferred
Para 151
We are concerned that IOPC learning recommendations made to police forces across England and Wales to improve policies and practice in the handling of police complaints are not monitored for follow-up action. We have heard of a lack of clarity about how recommendations are monitored, and whether forces implement them. …
Government Response Summary
The government notes existing requirements for published IOPC recommendations and force responses, and commits to considering, with the IOPC, how to further track and report on progress by forces in implementing these recommendations.
31
Conclusion
Para 153
The IOPC has made concerted efforts in its first three years to build public trust in the police complaints system by actively listening to policing bodies and communities about their concerns and by providing greater transparency in the publication of the outcome of its investigations.
32
Conclusion
It is troubling, nine years on from the Committee’s last report on this topic, that concerns are still raised about delays to investigations that detrimentally affect people’s lives, about complexity of language and processes, and about inconsistency in updating and supporting officers and complainants during investigations. (Paragraph 154) Police Conduct …