The Independent Office for Police Conduct (IOPC) has made improvements to the way in which it works but the Federation is still unhappy with the speed of change, national conduct and performance chair Phill Matthews has told a Government inquiry.
Phill, giving evidence to the Home Affairs Select Committee which is looking into the role and remit of the IOPC, said the police watchdog was shrouded in secrecy, with a staggering lack of knowledge among some staff and a lack of understanding of disclosure.
He acknowledged the situation has improved since the IPCC became the IOPC in 2018.
“It’s a step in the right direction and its director general, Michael Lockwood, has done a great deal to build trust with the Federation and is trying to reform his organisation but it’s the speed of change we are not content with,” Phill explained.
The length of time that investigations into officers go on is damaging for officers, their families, colleagues and complainants, he told MPs.
The Federation is lobbying MPs for a 12-month time limit on police disciplinary investigations and sanctions when they go over this time. It is recommending that a Legally Qualified Chair should then be appointed and have the power to terminate a case or conduct robust case management to bring them to swift conclusions, safeguarding the position of complainants and officers.
That would complement new regulations relating to police and crime commissioners being given explanations when cases take longer than 12 months.
Phill said: “There must be some form of teeth because at the moment there is absolutely no incentive for the IOPC, or appropriate authority, to deal with things promptly and properly because they don’t need to. If there was an incentive, like there is for police when you must get a case in front of a hearing within a set period, you would invest the time and money to do that.”
He praised officers: “They are dealing with some of the most chaotic and dangerous individuals in society - and they are put in confrontational situations with those individuals. It is inevitable that there will be complaints made against officers, but just because there is complaint doesn’t mean an officer has done something wrong.”
“A delay doesn’t serve complainants or our members at all,” Phill said.
Victor Marshall OBE, professional standards co-ordinator, giving evidence on behalf of the Police Superintendents’ Association supported the Federation’s argument, saying: “The ‘justice delayed, justice denied’ exists across the whole system because we feel for everybody when these things drag on. Obviously, it has an impact on officers, their families, and careers – but absolutely it has an impact on complainants and answers need to be given. The longer these things go on the worse the situation becomes.”
The IOPC has failed on numerous occasions to provide explanations about why a case was over-running, according to Phill, who argued poor disclosure is one of the contributing factors.
A case dragged on for seven years because the watchdog failed to disclose an expert statement at the beginning of the case which they had obtained, corroborating the officer’s account, he said.
“We don’t think they have the right depth and breadth of knowledge; we don’t think they have the right training and they are absolutely unaccountable,” he explained, “You cannot get disclosure from the IOPC and I don’t think they understand it properly.”
He said retired officers work well in PSDs and admitted he would have more confidence in them to deliver at the IOPC.
“There are some very good people who work for the IOPC, but there are others where we see a staggering lack of knowledge. We just want the best possible investigators with the best possible training and knowledge to investigate members because that is best for members and the police service,” Phill added.
He also highlighted the need for greater transparency and feels the organisation is “shrouded in secrecy”, suggesting it should be audited in the way that forces are.
Phil Jones, chair of Staffordshire Police Federation and its conduct lead, welcomed the Federation’s involvement in the inquiry.
“The Federation is best placed to understand the issues with the way in which the IOPC works and can explain these to the MPs taking part in this inquiry,” says Phil, “It is critically important that the police complaints system is fit for purpose – not just for the officers involved in conduct investigations but also for the public as a whole.
“I hope the Home Affairs Select Committee is able to act on the evidence the Federation has submitted to bring about reform at the IOPC.”
