|
|
|
|
Introduction
7.1 The force has seen a rise in the number of complaints against the police over the last year, from 244 complaints recorded in 1997/98 to 316 in 1998/99, an increase of 29.5%.
7.2 Having followed a downward trend since 1994, the number of complaints recorded by the force was noted to be increasing at the time of the primary inspection in March 1998. The total complaints recorded in 1996/97 was 188. This increased to 244 in 1997/98, a rise of 30%. The latest annual figure (1998/99) has now risen to 316 which represents an increase of 68% over the last two years. (Figure 11 below refers). The force was unable to provide an explanation for this increase. To assist the force in addressing this continuing upward trend in complaints there is a pressing need for better information about complaints and complaint trends to inform management action (See paragraph 7.6 below). A more analytical review of complaints in the form of complaints pattern analysis would provide this information, allowing for a proactive complaints reduction strategy targeted at areas of concern.
Figure 11 Complaints against Grampian Police - 1996/97 - 1998/99
Departmental Structure
7.3 The Complaints Department is headed by a chief inspector who now reports directly to the Deputy Chief Constable. The department was formerly part of Force Inspectorate and Review Division with the superintendent in charge having line management responsibility for the chief inspector in charge of the Complaints Department. HM Inspectors at the time of the Primary Inspection questioned the wisdom of having Complaints as part of Inspectorate and Review (Observation 10, paragraph 2.11.) The link between the Complaints Department and Inspectorate and Review Division has now been severed but it was found that more effective communication of this change would have avoided any confusion about the remaining ties between these two departments. For the sake of clarity the separation of these two departments should be documented. A new chief inspector was appointed to the department in November 1998. This was followed by the appointment of a new Deputy Chief Constable on 1 January 1999.
Primary Inspection Recommendation 12
"HM Inspectors recommend that the establishment of the Complaints and Discipline Department be increased by one inspector."
Review Inspection Findings
7.4 At the time of the Primary Inspection there was a chief inspector in charge of the Complaints Department and two inspectors employed full time on complaints and conduct matters with inspectors from outwith the department regularly being used as investigating officers. Due to the rise in the number of non-criminal complaints and the workload of the chief inspector in supervising the investigation of these cases, it was recommended that the establishment of the department be increased by one inspector. This was done in September 1998. There are still currently three inspectors in the department although it was noted that one inspector is there on a temporary basis. The department also has an admin assistant employed full time on clerical duties.
7.5 While the number of complaints merits the current establishment, HM Inspectors noted that the addition of the third inspector has not been evaluated. The force was unable to state the percentage of complaints which are investigated by Complaints Department inspectors compared to the number of investigations undertaken by senior officers from outwith the department. This is something which the force might wish to consider in order to evaluate the work undertaken by officers in this department. It was noted that the force has, on a few occasions, appointed sergeants carrying out the duties of acting inspector as investigating officers in complaints against the police. The Police (Conduct) (Scotland) Regulations 1996 (as amended) require an officer of "at least the rank of inspector" to be appointed for this purpose and the force may wish to consider whether a non-substantive inspector falls into this category.
Administration
7.6 It was noted during the Primary Inspection that the computer system in the Complaints Department was due for replacement. This has not taken place and the old system, while still in use, appears to be of limited value and its questionable reliability results in duplication of effort in many respects. Complaint cases are currently recorded in a register, an Excel spreadsheet and on a wall mounted matrix as well as on the old computerised system. A new complaints management system would enhance efficiency in this respect as well as providing more reliable statistical data and management information. Statistical reports are currently produced on a monthly basis for the information of the force executive and divisional commanders. These are fairly basic in content and apart from the Annual Statistical Returns forwarded to HMIC at the end of year, this is the only complaints related management information available within the force. No indication had been given to the department when the procurement of a new system is likely.
7.7 Although timescales are set in relation to the submission of reports by investigating officers, there is no administrative system for monitoring these other than the chief inspector keeping notes in his diary and late submissions were said to be followed up by a telephone call to the officer concerned. The force might wish to consider a more robust approach to the monitoring of these reports and a computerised management system would greatly assist in this regard.
7.8 Letters to complainers were examined and those seen suggested an improvement in the quality and amount of information provided to complainers. HM Inspectors noted however that the only quality control in respect of these letters is the Deputy Chief Constable as letters are drafted by the Complaints Department inspector handling the complaint without necessarily being seen by the chief inspector in charge of the department. A more consistent approach might be achieved by having this function undertaken by the chief inspector.
7.9 HMIC has a statutory role in relation to the examination of complaints where, following investigation by the force, a complainer remains dissatisfied with the way a complaint has been dealt with. In fulfilling this role in recent years HMIC has noted a disproportionately high level of correspondence in respect of Grampian Police when compared to other forces. Since assuming his post on 1 January 1999, the Deputy Chief Constable has however made significant efforts to improve the force's handling of complaints.
7.10 A new General Order on the subject of complaints and a new guidance manual for investigating officers were being prepared at the time of the Inspection to update existing documents and two training seminars led by the Deputy Chief Constable had been held for officers of the rank of inspector and above at the beginning of the year. The seminars were also attended by the Regional Procurator Fiscal, representatives of the Scottish Police Federation and the force medical officer and welfare officers. These initiatives should assist in re-inforcing the requirements of the Police Conduct (Scotland) Regulations 1996 (as amended) and the standards expected in terms of investigations and the manner in which complaints against the police are handled generally.
7.11 However, plans to implement the new general order and guidance on complaints by 1 June 1999 had already slipped and the force is urged to address this important area without further delay. The new order and guidance will be reviewed at the time of the next inspection. It is essential that the guidance clearly differentiates between preliminary enquiry, attempted resolution, and the formal investigative procedures required by regulations.
7.12 It was noted that the Joint Police Board had no Complaints Sub-Committee as exists in some other forces and while this is a matter for the Board, the Chief Constable might wish to invite the Joint Board to exercise its statutory role in relation to complaints against the police in a more rigorous fashion than it has in the recent past. Following the inspection, HMIC was advised that the Joint Police Board had put in place such a sub-committee. HMIC encourages the sub-committee to be active in discharging its important duty of providing independent and democratic oversight of the complaints process.
Use of Video Cameras
7.13 The Primary Inspection report made two observations in respect of the use of video cameras. The first related to the coverage of charge bars and cell passages and identified scope for increasing this coverage which had proved helpful in respect of complaints (paragraph 7.8 (iii)). The second identified scope for review of the use of video cameras during drugs raids (paragraph 7.18).
7.14 In response to the first of these observations the force undertook a review of the number of people detained at stations within each of the Landward sub-divisions and this was used as a basis for prioritising the installation of video recording equipment at these stations. Funding was not available for this purpose in the 1998/99 financial year. Surveys have now started however at offices where installations are planned and HMIC is encouraged to note that the force intends to progress this work in 1999/2000. During the Review Inspection it was found that a number of the video recording systems were of a generation which did not include "tamper proof" features. As new systems are acquired HMIC encourages the force to make full use of new technology in order to ensure that credible independent recording of the custody process is provided.
7.15 The video recording of drugs searches has not been introduced yet despite the force's stated commitment to such a step in the form of one of the drugs squad's objectives for the current year. There are clearly concerns about taking such a step and HMIC would suggest that in order to address the reservations which exist regarding such a policy, the force should pilot the use of video during major drugs searches in order to determine its value. Following the inspection HMIC were advised that a pilot scheme was to operate between 30 June and 31 December 1999 during which searches by the force drugs squad would be video recorded.
Complaints Improvement Group
7.16 The introduction of this Group in January 1995 was identified as good practice during the Primary Inspection (Observation 83, paragraph 7.8(ii)). HM Inspectors were disappointed to note however that the Group has met infrequently in recent years. The force is encouraged to maintain such a forum to address complaints related issues and to consider initiatives designed to reduce complaints particularly in light of current rising trends.
Review Inspection Conclusion
7.17 HMIC recommends that the force undertakes a fundamental review of its handling of complaints against the police and in particular:
i) introduces new policy and guidance documents without further delay;
ii) introduces a reliable computer system which can produce and analyse relevant management information to identify the nature and potential causes of complaints;
iii) puts in place a robust mechanism for focusing management attention on areas of potential difficulty, in order that remedial action can be agreed and outcomes measured.
|
Review Inspection Recommendation 11 HMIC recommends that the force undertakes a fundamental review of its handling of complaints against the police and in particular: i) introduces new policy and guidance documents without further delay; ii) introduces a reliable computer system which can produce and analyse relevant management information to identify the nature and potential causes of complaints; iii) puts in place a robust mechanism for focusing management attention on areas of potential difficulty, in order that remedial action can be agreed and outcomes measured. |
|
|
|