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Pride and Prejudice: A Review of police Race Relations in Scotland

Chapter 3 Police Service Delivery

Introduction

3.1 The primary issue emerging from the public consultation part of the Inspection was police service delivery. There is no doubt that the quality or otherwise of service to minority ethnic customers has a significant bearing on confidence in the police and the state of police race relations. This is not restricted to the way that racist incidents are dealt with, but extends to cover all functions of the service, from stopping speeding motorists to dealing with a housebreaking, and from taking a report of lost property to conducting a stop search procedure. Attitude and feedback were raised time and time again by consultees from a wide range of backgrounds as factors which they consider fundamental in influencing minority ethnic opinion of the police.

3.2 It was widely recognised that the experiences need not be personal and that bad service could be a particular talking point in the community. Many noted that when poor service was received the issue of racism was raised, or at least considered as an explanation. This view was endorsed during HMIC consultation with minority ethnic police staff. While this is an important point for all Forces to consider, the gap between general public expectation of the police and what can be delivered, as outlined in the recent HMIC publication Narrowing the Gap,¹⁹ has a relevance here. The recommendations contained in that report offer practical improvements to general service delivery including that to minority ethnic customers.

3.3 There are also other improvements of a more race specific nature which can contribute to quality of service, and thereby to confidence. These are outlined below.

Data collection

3.4 The Inspection revealed that since the publication of Without Prejudice?²⁰ steps have been taken to improve the integrity of racist incident recording, with adoption in full on 1 November 1999 of the definition contained in the Stephen Lawrence Inquiry Report. ²¹ Numbers recorded have continued to increase across Scottish Forces (see Table below).

Figure Seven: Number of racist incidents in Scotland

3.5 While there is anecdotal evidence that this in part reflects an increasing confidence to report incidents on the part of victims, HMIC commends the research initiative currently underway commissioned by Strathclyde Police which seeks to distil the reasons behind the trend. i.e. increased confidence, an increase in incidents, or elements of both. It is anticipated the findings, expected in May 2003, will contain learning points for the Scottish police service as a whole.

3.6 There is evidence that third party reporting (also known as remote reporting) can make a significant contribution to encouraging the reporting of racist incidents, for example as experienced in the case of those seeking asylum in Sighthill in Glasgow ( see Chapter 6). This operates through partner organisations taking an initial brief report of an incident and passing it on to the police service for action. Third party reporting is developed to varying extents and in different ways across Scotland. The table below offers a broad outline of racist incidents referred to the police through established third party schemes for 2001/02.

Figure Eight: Racist incidents in Scotland referred to police through a third party in 2001/02

3.7 Given the importance of this methodology, especially in encouraging reports from members of the communities of harder to reach groups such as asylum seekers, women, youth, and older people, HMIC considers this technique is not yet being used to its full potential.

3.8 HMIC welcomes the fact that forces which do not yet have such a model are actively developing one, and that some forces where arrangements are already in place are seeking to review, develop and expand their schemes. Experience has shown that partner organisations require a constant input of energy and resources to ensure the successful operation and vitality of such schemes. Both sustained contact and regular training to ensure awareness and competence amongst staff are particularly important in organisations which experience substantial staff turnover. It is also important the police response to such reports is professional, thorough, and that the third party organisation is included in feedback.

3.9 This topic is revisited in Chapter 6 in specific relation to asylum seekers.

Usage of data

3.10 While HMIC is pleased to note improvements in data collection, there was less evidence that the information being gathered is being put to use, either unilaterally or with partners, to inform response and action.

3.11 While some forces do take forward basic evaluation and share this product with partners, this process lacks consistency in others. Now that the information available has improved considerably it is appropriate to ensure this advantage is exploited fully. Other sources of information such as racist incident reports gathered by schools and other council departments should also be considered, with partners, in terms of monitoring areas and informing appropriate action.

3.12 Following directly from the expectations and recommendations of the Stephen Lawrence Inquiry Report ²² and the ACPOS Racial Diversity Strategy, ²³ all police forces in Scotland have been working to develop a centrally collected, comprehensive reporting and recording system for racist incidents recorded by the police. This has been co-ordinated and led by the Scottish Executive and should provide the function necessary for analysis, profiling and action on racist incident data, looking at criteria such as time and day, location, age, gender, ethnicity, language and repetition. Data collection began on 1 January 2003 and regular publication will be a feature as the data is gathered and analysed.

3.13 Most forces have in place a system of multi agency racist incident monitoring to consider general trends and specific cases. These have generated some joint successes but there remains scope in forces to reinvigorate these structures and ensure quality, consistency and standardisation. While HMIC noted a general acceptance among partners that multi-agency fora had been driven principally by the police, they also noted a willingness to participate more fully. HMIC suggests this goodwill is embraced, and new more robust partnerships be constituted and relaunched where appropriate.

3.14 These data can also be a useful source of information to the National Intelligence Model which is fully discussed in Chapter 5 at paragraph 5.31.

Quality of case reporting

3.15 HMIC also notes that since the previous inspection all forces have sought to ensure that robust case management systems are in place to improve the consistency and accuracy of reporting of racist crime (Without Prejudice?,²⁴ Recommendation 9). The number of offences of racially aggravated conduct and racially aggravated harassment recorded by the police are shown in the Table below.

Figure Nine: Racially aggravated offences reported to the police in Scotland

3.16 While a considerable improvement in integrity appears to have been achieved, chief constables will wish to ensure probity through adherence to Recommendation 4 of Without Prejudice?²⁵that 'once new race relations policies and procedures have bedded in, forces should carry out regular compliance audits with credible reality checking to ensure consistency of application'.

3.17 While Recommendation 1 of Without Prejudice?²⁶ that 'chief constables liaise with the management of SCRO, to implement effective measures, to ensure that information on racial offending and offences is provided in a way which maximises the capture of information thus enabling effective analysis and profiling to take place on a national basis' has been achieved, this has not proceeded to effective action on a national basis.

Lord Advocate's guidelines

3.18 In April 2002 as part of the actions arising out of the Jandoo report ²⁷ into the death of Surjit Singh Chhokar the Lord Advocate issued guidelines ²⁸ to police. These set out guidance on the use of bail and custody, the recording and transmission of the impact of the crime on the victim, expectations on the assessment and provision of language need and cultural sensitivities, instruction on death reports and associated crime reports and the liaison with the next of kin and bereaved relatives.

3.19 It is incumbent on chief constables to ensure through robust case management and regular compliance audit that the guidelines are being implemented. Compliance with the guidelines will ensure joined up working with the Crown Office and Procurator Fiscal Service (COPFS) and an improved service to the public.

3.20 Initial feedback from a monitoring function set up by the COPFS has indicated considerable scope for improvement. Implementation has been carried out very effectively in some forces but not in others.

3.21 In consultation with ACPOS, it has been identified that placing the data required by the guidelines within the ISCJIS ²⁹ programme offers a long-term effective solution which is being progressed at present.

Interpreting and Translating

3.22 HMIC noted during the review the numerous initiatives that have taken place in most forces to improve the provision of interpreting and translating services. This includes face-to-face interpreting services, interpreting via a telephone link, involvement in training and consultation, and the translation of written information.

3.23 Information on the uptake of interpreting services, including reasons for use, number of call outs, languages needed and costs incurred was sought from forces. Some forces were able to provide such information going back several years and clearly maintained an overview of this information. Others were able to provide very recent data only and information on costs was particularly sparce or inaccessible.

3.24 The use of interpreters is rising considerably (as illustrated at Figure Ten below, in which some approximation has been used) and so also is the resultant cost (see Figure Eleven below, also with some approximation used). HMIC strongly advocates that forces establish a comprehensive hold on management information relating to interpreting and translation to ensure the best available service is provided (see recommendation below).

Figure Ten: Number of face-to-face interpreter call outs (for Fife, Grampian, Lothian and Borders and Strathclyde Police forces only)

Figure Eleven: Costs of face-to-face interpreter call outs (for Fife, Grampian, Lothian and Borders and Strathclyde Police forces only)

3.25 Forces have made use of partnerships, a rapidly developing private sector in Scotland and telephone interpreting to meet ever increasing demand both in terms of volume and variety. HMIC is pleased to note the emergence in some areas of service standards regarding response times and the qualification of interpreters. The ability to effectively monitor the quality of interpreting is now critical, for without this there is a strong element of vulnerability.

3.26 HMIC is also pleased to note the degree of innovation that has been exhibited, including interpreters patrolling with community police officers in Glasgow to communicate with asylum seekers and refugees, and robust mutual arrangements with the United Kingdom Immigration Service at the ports of Stranraer and Rosyth.

3.27 For both interpreting and translation, the scope for partnership working is considerable. There are a range of service users from the public sector who are keen to provide the best service they can in this critical area. They include the Crown Office and Procurator Fiscal Service and other elements of the criminal justice system as well as local authorities. HMIC found examples of joint effort taking place at both local and national levels and there is obvious benefit in these now to be consolidated to provide a coherent and high quality service.

3.28 HMIC believe it is now time to build on the progress made and ensure Best Value continues to be achieved. This should include recognising that the standards and qualifications expected, notably in relation to the justice system, will continue to rise as improvements become reasonable and achievable. There is considerable scope for Forces to learn from each other and other service users, as well as the opportunity to develop further innovative partnerships.

Cultural and religious needs

3.29 HMIC noted the robust policies and practices in place to ensure that cultural and religious needs and sensitivities are respected, notably in issues such as persons in custody. This remains an area of keen interest and one where community members have expressed satisfaction with this improved respect and provision. In Tayside Police, HMIC notes the input on cultural awareness by the force's Diversity Advisory Group into lay visitor arrangements and welcomes the cross fertilisation of scrutiny and advice this offers. HMIC also notes the work which Lothian and Borders Police have carried out on the subject of forced marriages. Efforts have been made to improve the knowledge and response of police officers on this issue, with policies, procedures and a force contact officer in place.

Provision of information

3.30 Forces vary considerably in the information they have available in languages other than English. Distribution and display methods also differed greatly. Feedback to HMIC from its consultation indicated considerable demand for information not currently available about policing and the law. This demand is particularly acute amongst many refugees and people seeking asylum. Topics raised during the consultation included:

• What do the police in Scotland do, and not do?
• When is it reasonable to phone the police? When do I phone '999' or when do I phone the local number? What is the local telephone number?
• Can I carry a knife in Scotland?
• Why are young people who have committed serious crimes not kept in custody?
• What is the law in relation to owning a car and driving it?

3.31 The demand for translated material appeared limited. By far the most popular choice was to be spoken to by a police officer at a meeting, using interpreters where necessary and supported by simple translated handouts.

3.32 A strong point made during the review was the need for critical information relating to operational policing to be translated for concise and accessible use by police officers in directing members of the public. For example, the common law caution, road traffic requirements and basic information for an arrested person.

3.33 The thirst for knowledge about policing identified during the consultation was considerable and significant.

3.34 This should include an assessment of language needs and accessibility. Support should be sought as appropriate from the Scottish Executive and others with a responsibility in this area. Police practitioners should also be consulted on the type of information to be delivered.

3.35 Communication is a vital part of building positive police relations and investment in this area offers considerable benefit. Such a review should include consideration of the best way to communicate important information about the nature and accountability of the police service in Scotland, incorporating information about complaints against the police.

Community policing

3.36 This Inspection confirmed the importance of the contribution of community officers in combating racism and promoting the development of race relations. Minority ethnic communities throughout Scotland highlighted this and HMIC witnessed some excellent work in numerous forces. HMIC notes the progress of Strathclyde Police in implementing (on 1 February 2003) a policy designed to monitor and control the abstraction of Community Officers from their primary role. This is in line with Recommendation 5 of Without Prejudice?³⁰ that 'forces produce and apply policies in respect of the duties of officers with a specific responsibility for community policing, with a view to controlling their abstraction from their primary role'. HMIC encourages other forces to adopt a similar approach without further delay.

Police complaints

3.37 The number of complaints of racially discriminatory behaviour by police officers is set out in Figure Twelve below. Clearly, the number of such complaints has seen a general rise over the past few years, although there has been a marked drop of 17% from 2000/01 to 2001/2002. This decrease may be encouraging for the police and reflect an improving quality of service. However, it may also reflect the level of public confidence in the police complaints system.

Figure Twelve: Number of complaints of racially discriminatory behaviour by police staff in Scotland

3.38 There may be a link between the trend of police complaints in this area and the reasons for the rising level of reported racist incidents discussed at paragraph 3.5. A rise in the number of police complaints of racially discriminatory behaviour, whilst not welcome, may not be wholly negative in the short term. Likewise a decrease in number may not be wholly positive.

3.39 The thirty four allegations of racially discriminatory behaviour by police staff in 2001/02 represented 0.8% of the total number of police complaints which forces disposed of that year. Table Thirteen below sets out how these allegations were disposed of, alongside the comparative proportions of how total police complaints were disposed of.

Figure Thirteen: Percentages for how allegations of racially discriminatory behaviour by police officers were disposed of, set alongside percentages for how all police complaints were disposed of (for financial year 2000/01)

3.40 Along with HMIC, chief constables will wish to continue to pay close attention to future trends and the reasons behind them. Examination of force records indicate the majority of this type of allegation are largely based on an attitudinal experience. It will be useful to see if the programme of implementation of diversity training to staff bears any relationship with police complaints in this area.

3.41 HMIC was pleased to note within all police forces a strong resolve to deal both firmly and fairly with complaints of racially discriminatory behaviour.

3.42 A particular aspect of the Race Relations Act 1976 is the expectation upon employers who are subject to a complaint of breaching this legislation, to respond with the completion of an RR65 questionnaire. Chief constables will wish to ensure that robust systems are in place to deal with these enquiries. Further information for practitioners on this subject can be gained from the Commission for Racial Equality ( see useful web addresses).

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