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| HM Inspectorate of Constabulary in Scotland |
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 What We Do Police HMIC |
The long-term interests of the force and its people are best served by recognition of its public responsibility and accountability. This includes the adoption of an ethical approach and exceeding the expectations and requirements of the community at large.
7.1 Emergency Planning
7.1.1 An inspector, located at Grangemouth police office is responsible for the force's emergency planning portfolio. An administration assistant assists the inspector. There is currently a sergeant on short-term secondment to the department.
7.1.2 Emergency planning is recognised by officers and staff at all levels as a high profile and high priority issue within the force area because of the force's policing responsibilities in relation to the petro-chemical industry located at Grangemouth. HMIC noted the absence of reference to these responsibilities from the force business plan and suggests some specific inclusion of this crucially important area.
7.1.3 In the 1998 Review Inspection Report HMIC observed the need for clarity and robustness within both the force major incident plan and the MICC plan in relation to Grangemouth (Review Inspection Report 1998, paragraph 6.14). This was to ensure that there are no misconceptions about where control will lie in the event that a petro-chemical incident compromises the abilities of the MICC to function. It was found during this latest inspection that the position was largely unchanged. It was said that the force and key stakeholders were content with the present position. HMI suggests that the force re-visit the issue with particular reference to siting of the MICC. (Experience as a result of incidents post the inspection will be of value in this respect.)
7.1.4 The emergency planning department has its own business plan. The plan for 1999/2000 was examined and found to set out clearly the emergency planning department's role and the services it provides. The business plan sets clear targets and explains the consultation procedures which have led to the setting of these targets and how they are to be measured.
7.1.5 In 1999 the force held a joint terrorist based exercise with Fife Constabulary and a number of major incident exercises were held towards the end of the year as part of the force's Millennium preparations.
7.1.6 HMIC also noted the force's introduction of a policy to second sergeants to the emergency planning department for a period of six months in order to build up an awareness level within the force of the role of the emergency planning officer. This will be used to assist in future succession planning for the staffing of the department and also to develop a wider knowledge base of the force's role in this important area.
7.2 Sex Offenders and Child Protection
7.2.1 Sex Offenders: Officers in this area are having difficulty meeting the required frequency of visits to registered sex offenders. The provision of some administrative support to the Family Unit generally would go some way to assist this. A strategy for dealing with the unregistered offenders about to come under the same scrutiny is required.
7.2.2 Officers dealing with sex offenders and child protection cases are located within the Family Unit based at Bannockburn police office. This accommodation is also shared by the Womens Support Worker dealing with domestic violence. There are two officers dealing with sex offenders, a sergeant and a constable. The responsibilities of these officers include sex offender profiling and risk assessments and liaison and home visits to registered sex offenders living within the force area.
7.2.3 There were 63 registered sex offenders recorded as living in the force area at the time of the inspection. In addition, there are over 150 known, but unregistered, sex offenders living in the force area. Partnership working between the different agencies involved in this area was said to be working well.
7.2.4 Senior management have been made aware of the work demands and associated risks. HMIC suggests this area requires early attention.
7.2.5 Child Protection: The child protection unit comprises five detective constables and a detective sergeant. The unit deals with the full range of cases involving children as victims, from minor assaults by a carer to the most serious sexual assaults. The unit also deals with all historical cases, that is, crimes that are reported by adults who were children when the alleged crimes were committed. In 1998 the unit dealt with 680 cases, 80 of which were historical. In 1999 it dealt with 640 cases, 40 of which were historical. The unit also deals with all cases of sudden death in infancy (cot deaths) occurring in the force area.
7.2.6 The detective sergeant in charge of the unit, who is also the line manager of the women's support worker, reports to the detective inspector, support services. Further support was received from the detective chief inspector who also had regular contact with members of the unit.
7.2.7 Relations between the officers in the unit and the social workers with whom joint interviews are conducted were said to be good. Some changes in social work department procedures were noticed by officers in the unit at the time of local authority reorganisation. There was some concern expressed about the loss of experience of certain senior social work practitioners who had regularly undertaken joint interviews with police officers. While these experts had been replaced by less experienced staff with a wider range of responsibilities, HMIC was advised that the matter had been discussed with the department involved and that a review of joint initiative procedures was now underway. Those involved in the review, which is to look at current practices, include the detective sergeant, the child protection co-ordinators from each of the three local authority areas and the training co-ordinator for Stirling. The group is expected to report in the summer.
7.2.8 HMIC noted that interviews with children were not video recorded and while this practice has been the subject of research and debate, HMIC considers the possibility should be kept in view.
7.3 Firearms Licensing
7.3.1 The firearms licensing department comprises a firearms licensing manager and a firearms examiner who are both members of support staff, two constables in the role of licensing enquiry officers and two administrative assistants, one of whom is part-time. The department administers the licensing arrangements for approximately 3,000 shotgun certificates and 1,000 firearm certificates. In 1999, the force refused 3 shotgun certificate applications and revoked 5 firearm certificates and 14 shotgun certificates. Staff within the department deal with all firearms licensing enquiries in the force area with no such enquiries being passed out to operational police officers.
7.3.2 The licence enquiry officers and the firearms examiner have all received training with West Yorkshire Police and the Deer Commission. The force may wish to consider succession planning within the department and consider the potential long term benefits of replacing the constables currently in the role of licence enquiry officers with members of support staff.
7.3.3 The department utilises the 'SHOGUN' firearms licensing administration software package. All certificate renewals are identified at least three months in advance of their expiry date, contact is immediately made with the certificate holder and one of the licence enquiry officers or firearms examiner is allocated the enquiry. After the necessary checks all documentation is returned to the firearms licensing manager before being forwarded to the deputy chief constable for his personal attention. HMIC noted that there was no backlog of enquiries within the department.
7.3.4 Procedures are strictly applied and if a certificate holder fails to submit a renewal application timeously then he or she will be informed seven days before the expiry date that they should place the weapon(s) in authorised storage. If by the expiry date the certificate holder has not renewed his or her certificate, then local police officers are instructed to seize the weapon(s) and report the matter to the Procurator Fiscal. HMIC noted that the department had been awarded ISO9002 status, an international quality standard, recognising the administrative procedures adhered to.
7.4 CCTV
7.4.1 There are numerous CCTV systems in operation within towns throughout the force area. The force has a CCTV liaison officer who is a member of the ACPOS working group currently tasked with the development of a national code of practice in respect of CCTV. Effective monitoring and pro-active use of the cameras are pre-requisites for their effective use.
7.4.2 The force has its own code of practice but this now requires updating to take account of information security and data protection issues which have arisen since its introduction. It is intended that the national code of practice will address these issues and that the force will adopt the national document once it has been agreed.
7.4.3 The area commander from Clackmannanshire chairs the force's CCTV management board. There are multi-agency management teams within each of the council areas although it appears that the Stirling team lost some impetus around the time of local authority re-organisation. A group has reconvened however under the chairmanship of a senior council officer and some progress has been made in respect of addressing the issue of future funding and the long-term future of the systems concerned. "Future proofing" systems is vital, particularly as a move to digital technology is appropriate to improve the efficiency of storage and retrieval.
7.4.4 A 'retail radio scheme' was launched in Stirling in 1997 to tackle shoplifting in the town's shopping centres. This has developed into a scheme involving 37 retail outlets in the town centre and shop staff work closely with CCTV operators based at police headquarters and with police officers in the town. The radio link is used to share information about suspected shoplifters between retailers and to alert police and CCTV operators to crimes taking place. Evaluation suggests that the scheme has assisted in controlling thefts within town centre shops and has resulted in a valuable means of liaison and communication between retailers and local police officers.
7.4.5 A similar system also operates in Falkirk town centre which has been expanded to include a "Child Safe Link."
7.5 Custody Areas
7.5.1 The care and custody of prisoners is discussed in Chapter 3 (paragraphs 3.7-3.7.8) and was, at the time of the inspection, the subject of a detailed Best Value service review by the force. The service review addresses many of the issues raised by HMIC including the staffing of the custody areas within the force and the provision of medical care and treatment for people in custody. The outcomes of this review will be examined at the next review inspection.
7.5.2 HMIC also noted that a new custody suite will be part of the new police station planned for Falkirk and this will also be reviewed at the next inspection.
7.6 Ethics and Professional Standards
7.6.1 The name of the force Complaints Investigation Branch has been changed to the Professional Standards Department. This is in recognition of the need to address management issues and opportunities for improvement which arise in the course of enquiries into complaints against the police or misconduct issues. It also sets the appropriate framework for maintaining force values.
7.6.2 HMIC acknowledges that this is a progressive move by the force. Recent performance of the department however indicates that the priority must be to clear the current backlog of complaint cases. The development of a wider remit for the department's staff, who are already dealing with a heavy caseload, needs to be planned to ensure that further delays are not introduced into the complaints investigation process. The department was aware of current discussions on the promotion of integrity and professional standards in policing and the force had constituted a group of officers to consider such issues.
7.6.3 The European Convention on Human Rights (ECHR) has already had significant and publicised impact upon the criminal justice system in Scotland. Police forces have committed significant resources, both at local and national level, to studying its implications for policing. Based on the findings of the force working group on the subject, the training officer is designing a training plan which will address areas impacted by ECHR. Appropriate training will be delivered to all staff in the force.
7.6.4 Training in information security had already started and it was intended that this programme would be rolled out across the force prior to October 2000.
7.6.5 The force uses bench-marking as a measure of its own professional standards and quality. This is a feature of the best value service review programmes. Strong networks with other organisations were described which members of the force use to good advantage. HMIC noted that the force had sought bench-marking opportunities with another Scottish force in an important aspect of operational policing and this had been declined. More successful contact had been made with organisations ranging from Royal Mail to building societies and travel companies.
7.6.6 HMIC was informed that the force was about to establish a working group to consider quality issues related to complaints, data protection audits, information security issues and standards generally. The group will comprise representatives from human resources, the policy, strategy and quality unit and the new professional standards and conduct department.
7.6.7 Professional standards of officers are measured as part of the national staff appraisal system. The force has been active in its attempts to achieve consistency in the gradings awarded in performance review reports and following detailed analysis of these reports, the aim is now to design better training for the supervisors who have to perform these roles.
7.7 Race Relations
7.7.1 Consultation took place during this inspection with the local racial equality council for the Central Scotland Police area. Staff there observed that many members of the ethnic minority communities in the Central Scotland Police area continue to suffer from incidents of racial harassment with about thirty cases being reported to the racial equality council each quarter. Some suspicion of the police was also said to still exist in such communities. It was also reported however that, in recent years, a marked improvement had been noted in the attitude and policies of the force and in communication links between the force and the racial equality council.
7.7.2 Local multi-agency working in the area of race relations was believed by the force, and the racial equality council to be increasingly effective. A multi-agency group with the title Central Scotland Racial Attacks And Harassment Multi-Agency Strategy Group (RAHMAS) operates within the force area. This is presently chaired by the force's head of operations division, a chief superintendent.
7.7.3 Minutes of meetings of the group and correspondence between the chairman and local unit commanders showed evidence of pro-active policing to deal with racial incidents. Training material used by the force and other partners in RAHMAS was also noted to be of good quality.
7.7.4 The force has recently produced an action plan to respond to current issues surrounding race and diversity. This is designed to produce more sensitive policing in these important contexts. The director of the local racial equality council was involved in the development of this action plan which HMIC notes as consistent with the force's commitment to consultation and multi-agency working in particular.
7.7.5 It was noted during the inspection of complaints against police officers that none of the complaints received by the force in the last year has involved any allegations of a racist nature.
7.8 Complaints Against the Police
7.8.1 The handling of complaints against the police was the subject of a thematic inspection by HMIC in 2000 and the force was inspected during that process just prior to the primary inspection.
7.8.2 It is an area in respect of which HMIC received much comment by officers and staff at all levels during the course of this inspection. The term "fear of discipline" was regularly used to describe the perception by officers and staff that their conduct was being scrutinised to an undue degree and that every minor allegation was being formally investigated.
7.8.3 The force has introduced a change to its procedures which will result in allegations of trivial or minor misconduct being dealt with at area command level instead of by the deputy chief constable. This is provided for within the Police (Conduct) (Scotland) regulations and HMIC regards this as an appropriate step for the force to take. It may address some of the negative perceptions about the handling of discipline issues currently prevailing in the force.
7.8.4 The force complaints department is headed by a chief inspector assisted by one full time inspector. There is currently an acting inspector and a sergeant seconded to the department as part of the force's development programme. The chief inspector performs the role of investigating officer in complaints investigations as well as his responsibility for the general running of the department. The officers are supported by a full time member of support staff who is responsible for typing and administration within the department.
7.8.5 With regard to the role of the acting inspector within the department, the Police (Conduct) (Scotland) Regulations are clear that investigating officers in respect of complaints against the police must be of at least the rank of inspector. HMIC suggests that the force should satisfy itself that an acting inspector used in such a role meets the requirements of the legislation.
7.8.6 The use of sergeants within this department is seen as an effective measure and an important developmental post for sergeants who might attain the rank of inspector. While sergeants cannot undertake the role of investigating officer they can carry out many aspects of complaints investigations under the direction of the investigating officer.
7.8.7 Staff within this department were found to be working under significant pressure. The cramped office accommodation, which the four officers share, is not conducive to effective report writing. The situation is exacerbated when other administrative tasks have to be performed including telephone calls to witnesses and the examination of CCTV evidence. HMIC was informed that the four officers currently working in the room were about to be joined by a fifth.
7.8.8 Records of complaints and misconduct matters are held manually as well as on a computer system. The computer software is not user friendly and analysis and the production of management information relating to complaints is laborious. The computer does not automatically flag up the complaints history of an officer. Such information has to be extracted from records and supplied on a paper-based system when any new complaint is being considered. The force is encouraged to consider how this might be improved.
7.8.9 Where an allegation has been made against a police officer it is important for the force to be able to identify whether the officer's post or any specialist role he/she might perform is of such a nature that the complaint takes on special significance. This is particularly the case with authorised firearms officers where certain allegations might require temporary suspension of the officer's authorisation pending investigation of the complaint. To assist senior managers identify such officers when complaints are received many forces have systems in place to alert them to such a situation. In this force however reliance is placed on the fact that it is a small force and senior officers know the identity of their authorised firearms officers. HMIC would encourage the force to introduce a systematic method of ensuring that should a complaint be received which involves an authorised firearms officer then that fact is brought to notice without reliance on the knowledge of individual senior managers.
7.8.10 An examination of the current complaints workload indicated a serious failure to meet reporting targets in respect of both criminal and misconduct cases and a substantial backlog of cases still to be reported to the Regional Procurator Fiscal. Staff suggested that this was as a result of a small number of protracted investigations which had skewed the workload of the department together with a significant increase in the number of complaints received.
7.8.11 The force is fully aware of the problem and has taken action to improve the situation. This includes the amendment to procedures described in paragraph 7.8.3 above, and the adoption of the position found in other forces where minor and trivial misconduct is dealt with at local level.
7.8.12 The force has provided training and a guidance manual to support this change. The sergeant on short-term secondment to the department is also intended as additional support to the department which has now focused its activity on the oldest complaints and on cases where officers are suspended. There were five officers suspended at the time of this inspection.
7.8.13 During the Review Inspection in 1998, HMIC found scope for greater consistency in the penalties imposed at misconduct hearings and saw a need for some form of training for superintendents to achieve a more even-handed approach (Review Inspection Report 1998, paragraph 2.5). HMIC suggests that all officers of superintendent rank within the force should receive training in the conduct of such hearings and the role of chairman in particular.
7.8.14 The number of complaints cases being dealt with by the force was found in 1999/2000 to have increased by only 5% from the previous year. However, the total number of complaints received during the third quarter of 1999 is more than double the same figure last year. The figures for the first nine months of 1999 are 75 complaints (114 allegations) compared to 59 complaints (86 allegations) for the first nine months of 1998. 8 complaints of neglect of duty were recorded in 1998. There have been 20 recorded up to September 1999.
7.8.15 This amounts to a considerable investigative demand, given the size of the force. It was found that of the 65 outstanding cases at 23 November 1999, over 30 of these were allocated to investigating officers from outwith the complaints department. (At 22 February 2000, there were 72 investigations pending, 20 were with inspectors outwith the department). Difficulties were being found in meeting reasonable targets for submission of reports and at the time of inspection a backlog of complaints cases was found to have accrued since early 1999 and many were still awaiting investigation. Of the first 55 reports submitted in 1999, only 8 were submitted within the target of 8 weeks set by the Regional Procurator Fiscal.
7.8.16 A report to the deputy chief constable from the chief inspector in charge of the complaints department highlighted concern at the length of time which operational inspectors are taking to complete investigations and also draws attention to poor quality reports being submitted, requiring "remedial work" by complaints staff. By the time of the pre-inspection visit there were 94 complaints cases outstanding.
7.8.17 There are numerous examples of cases taking several months before a report is submitted e.g. allegation received on 29.1.99 that an officer punched, kicked and attempted to strangle a complainer was reported to RPF on 15.6.99. An allegation of assault and incivility received on 26.1.99 was reported to RPF on 21.6.99. An allegation of simple assault was received on 18.2.99 and reported to RPF on 30.6.99.
7.8.18 An example of the impact which such delays can have was an officer who had applied for a specialist post but was unsuccessful because of a pending misconduct investigation. The misconduct issue involved alleged failure to submit a report. The investigation had taken over two years and the matter was still pending.
7.8.19 It is recommended that the force reviews its handling of complaints against the police. Special regard should be paid to timescales and reporting targets and the introduction of an effective performance monitoring and measurement system to ensure such targets are met.
Recommendation 7
HMIC recommends that the force reviews its handling of complaints
against the police. Special regard should be paid to timescales and reporting
targets and the introduction of an effective performance monitoring and measurement
system to ensure such targets are met.
7.8.20 While HMIC has no locus in respect of police authorities, it noted that the joint police board for the force did not have a sub-committee to deal with any aspect of its statutory role in respect of complaints. The board is responsible for the handling of complaints made against chief officers and also has a responsibility to monitor the force's handling of complaints against the police generally. HMIC has found that the existence of a sub-committee arrangement has usually added value to a Board's role in this important area of their supervision. *
7.9 Civil Claims
7.9.1 The Complaints Investigation Branch, now the Professional Standards Department, does not deal with civil claims against the force. Records of these are held at the Chief Constable's Office with legal services being provided by Stirling Council who refer appropriate cases to the insurance company. No formal analysis is undertaken in respect of the management information contained within such claims. HMIC suggests that the force might wish to consider a more pro-active approach to the management of such claims. This might fit within the remit of the Professional Standards and Conduct Department in the same way as the extraction of management information from complaints cases. A pro-active approach in respect of civil claims should be aimed at preventing repeat of the same circumstances in the same way as the attempted reduction of complaints.
7.10 External Review
7.10.1 Following difficulties with the investigation of a murder which occurred in 1996, the force had invited the Deputy Chief Constable of Tayside, Mr James Mackay to undertake a review and he reported with a number of recommendations. As part of this Inspection HMIC asked for an update on the progress. Almost all the recommendations have been acted on with a change in policy or procedures and the issue of new instructions. In some cases existing instructions were re-enforced. The instructions have been supplemented with training and that is ongoing. It is important that staff are given assistance beyond simply the issue of guidance. (see also paragraph 1.3)
7.11 Letters of Appreciation
7.11.1 In 1999 the force received a total of 175 letters of appreciation from members of the public. These were letters of thanks regarding the manner in which officers had dealt with a wide range of incidents. The actions for which officers and other members of staff were being thanked ranged from the service provided to victims of road accidents, assistance given to bereaved families and the policing of special operations such as the millennium celebrations.
* Post script
Since this inspection, the Central Scotland Joint Police Board has notified
HMIC of its decision to establish a complaints review sub-committee and also
to introduce a lay visitor scheme. HMIC supports the Joints Police Board approach.
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