Friday 20 January 2023

The Case For Strong Leadership

Along with much of the general public, I suspect the appalling case of PC David Carrick has given us much to reflect upon, especially as many in probation of course work closely with police colleagues. Clearly something is seriously wrong, especially at the Met, but there's also the danger of government being tempted to impose knee-jerk action in response to understandable public concern. Surely a better option is to have strong and authoritative leadership from within? (If only, I hear probation staff say!) Well, here is a Chief Constable, with 29 years previous service in the Met, who has written a blog on LinkedIn and I think is worth being read widely.  

Professionalism in Policing: Minding the Gaps

This week, I am angry. Angry as another high-profile case of a police officer abusing his position to hurt women in such a calculated way, darkens the news. I won’t repeat the sentiments of my colleagues. David Carrick was a criminal with a warrant card. But it’s easy to say he wasn’t one of us. He was. And that’s why it feels so shameful that he was free to abuse women for so long without the alarm bells being heard. At times like this, I find myself awake at night wondering how we can strengthen our approach, stopping the likes of PC Carrick from the very moment an allegation is made.

Today – just as the day I joined – I’m humbled by the passion, bravery and dedication that flows through this unique profession. But it can be tempting to believe that those who choose a career in policing are inherently altruistic, but the reality is that officers and staff are shaped by the society we all live in. That’s why vetting and constant vigilance will always be required of us, and complacency and the ‘benefit of doubt’ must be confined to our history. Policing, at its finest, reflects the very best of society and works with the tacit consent of the communities we serve.

A big part of this conversation is culture. If people believe that a behaviour is tolerated, an individual protected or victim or witness marginalised, it will continue to exist. It is no coincidence that these officers are in some way ‘known’ in the organisation. In BTP we re-routed on this journey after the murder of Sarah Everard. And as I prepare for my eleventh Accelerated Misconduct Hearing, I can feel the shift in how seriously we take professional standards, but it’s something we have to work at every day. From creating an internal environment where people can speak up confidentially, to swift and credible action and transparency throughout our decisions. It’s how we earn the trust of our people and in return they share concerns that would otherwise never have been spoken, or heard.

Since joining BTP, I’m encouraged that internal reporting of wrongdoing has increased by 63% yet I know that sadly there is still more to be heard. Many are historic cases that colleagues felt they couldn’t challenge at the time. But when an organisation commits to supporting victims, the tide turns and our relentless pursuit in building a modern and inclusive workplace which has no place for wrongdoing is proof of that. The courage shown by our colleagues helps us greatly, as more and more are supported through strong allyship.

For those who do come to our attention, the difference between a silly mistake and predatory, discriminatory or abusive behaviour is actually pretty obvious. We are a force that provides the space to learn, where it is appropriate to. In fact, 12% of our cases are resolved through reflective practice – the highest of any UK police force and against a national average of 3%. When used in the right cases and with common sense, it inspires meaningful development and cultural change. Equally, there are plenty of cases that require a formal sanction – or even dismissal. You can’t learn not to be a sex offender or domestic abuser, not on my watch anyway – we simply don’t want you in the job. And we will take swift action to see to that.

But what about the criminal matters that come to the attention of police, but somehow don’t always result in quick-time action? That’s a little more complex – but high time we sorted it out.

If I was to commit a crime, get arrested and give my details, there is no obvious system check that would flag that I’m a police officer if I didn’t choose to tell them. Yes, you read that correctly. On arrest, my DNA and prints would be taken and checked against national forensics databases. Even though I’ve provided my biometric samples to the police (my employer), the datasets are not run together to identify a match. As it stands today, I could be arrested by the police and nobody but me would know I am the police. In my view this is a priority issue for our attention. Otherwise, others could fall through the cracks and go on to do harm.

So what’s the solution?

Bold leadership. Better intelligence and information sharing, tighter regulations and conditions, and prompt action. It’s about time we understood and closed the gaps. It’s what the public expect, and I don’t think we need to await a review to tell us that. Whether that means reviewing the remit of biometric data or police workers have an appropriately defined presence on the Police National Database (PND), the point is if any of us come to police attention the right people must be alerted immediately. The Home Secretary’s announcement that all Forces will conduct their own PND checks is to be applauded – but we can also take it further. Those checks are only as good as the day and time they are undertaken. We need this to be immediately picked up at the point of arrest. It gives us a better chance of taking swift action, protecting the public and restoring confidence.

Then it’s how we piece everything together for a consolidated view. If a career in policing is like a tunnel, we should be able to walk in from the past and out towards the present, passing every event like an obstacle adorning the walls: every commendation, appraisal, letter of thanks, period of sickness. We should also be able to see every complaint, every grievance outcome, performance sanction or moment of reflective practice. And if we pause and look back, what is it that obscures the light? Patterns of complaints over the course of a career can indicate a more serious underlying issue and, in a similar way to trauma, we don’t see the impact over time clearly or quickly enough.

We must also take a hard look as to whether our misconduct processes and systems deliver the results we need them to and what, if anything, needs to change. So, for example, if an officer who is investigated for a serious sexual offence is not proceeded with criminally, the matter is then considered from a misconduct perspective. Misconduct proceedings exist for a different purpose than criminal proceedings namely to secure public confidence and there is a lesser burden of proof. However, the misconduct regime does not come with the same investigatory powers as criminal proceedings such as seizing personal digital media, searching a property or persons, obtaining comms data checks and being able to use surveillance tactics in the same way etc... I believe we need to start a debate on regulatory reform.

Finally, we need to stand up for what we believe in if it’s in the public interest. During the pandemic, one of my PCs harassed a lone female jogger for her phone number and told her she was "too curvy to be Asian". Inexplicably he was given a final written warning by an independent panel and allowed to keep his job. For me this is totally unacceptable. I can’t have someone who I believe poses a threat to women, working for the British Transport Police. So, we are taking the panel to a Judicial Review. We can’t hide behind the decisions of others, if we don’t agree we must stand up and make that clear. After all, we are here first and foremost to protect the public.

As I publish this blog, I will be finalising a letter to my Secretary of State (for Transport, copied to the Home Secretary) to offer some of these suggestions, along with other specifics, to assist us to adapt as a police service – so the missed opportunities around the corner are not missed. I believe the workforce would support this, because nobody hates a bad cop more than a good cop. There are so many angry good cops right now who care more about keeping people safe than you would ever believe. So, if through the anger stirred up this week, we can make some procedural change and close the gaps, then let’s all get behind it.

Policing is defined by the character of our people. That is the truth I want us to embrace. I firmly believe that policing can re-earn the trust of those we are here to protect, but it will take the courage and concerted effort of us all.

We can do it and we must do it, quickly…

Lucy D'Orsi QPM

Chief Constable at British Transport Police

16 comments:

  1. And just coincidentally the new probation ombudsman is coming from a high ranking position in the met.

    Biography
    Mr Usher has had an extensive career as a Senior Police Officer for the Metropolitan Police Service (MPS), joining in 1987. He has previously served on both Counter-Terrorism and Anti-Corruption Commands and has been a Senior Investigating Officer in a variety of roles. Currently, he is the Commander for Learning and Development in the MPS where he leads the training requirements across policing operations including changing training to accommodate new legislation, judicial and law enforcement best practice and improving policing standards.

    'Getafix

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  2. https://www-standard-co-uk.cdn.ampproject.org/v/s/www.standard.co.uk/news/uk/met-police-officer-richard-watkinson-child-porn-charges-found-dead-b1053978.html?amp=&amp_gsa=1&amp_js_v=a9&usqp=mq331AQKKAFQArABIIACAw%3D%3D#amp_tf=From%20%251%24s&aoh=16742091214391&referrer=https%3A%2F%2Fwww.google.com&ampshare=https%3A%2F%2Fwww.standard.co.uk%2Fnews%2Fuk%2Fmet-police-officer-richard-watkinson-child-porn-charges-found-dead-b1053978.html

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  3. Why these probation senior managers are consistently nominated for Honours as part of their probation severance packages. For years this senior manager “led” London Probation’s HFKCW office recently condemned by HMIP. Not a very nice man and the GMB Scoop union he worked for represents the Seniors and Chief Officers of Probation who all walked us into that appalling pay deal.

    https://www.gmb.org.uk/network/public-services-section/probation-noticeboard

    “New Years Honours
    For members who have not already noticed we are pleased to announce that Will Jones received an MBE in the New Year’s honours list. The citation was “Lately National Officer for the GMB Senior and Chief Officers of Probation Trade Union. For Public Service”. Will worked hard both in the Union representing Staff and through his career in Probation. It is well deserved.”

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    1. From GMB Bulletin:-

      One HMPPS. We continue to try to engage with the employer but are having difficulty in getting a clear understanding of the scope of the project. A number of initiatives appear to now be branded as part of the One HMPPS vision without being in the scope of the project. A good example is the Next Generation Programmes project detailed below. Our concern is that the project further embeds the Probation Service in the Civil Service and all the resultant constraints placed upon us with the inevitable statement “That’s not the way we do things in the Civil Service” and the lack of recognition that the Probation Service has its own processes and procedure.

      The Next Generation Programmes. The proposal appears to be an amalgamation of the programmes delivered in the community to a single programme and the creation of a single group of Band 3 staff who will deliver all of the programmes and structured interventions. The evidence base for this decision appears to be sparce or completely lacking and does not take into account the previous position of requiring the staff who deliver the sex offender programme to be the most experienced and qualified. The stated rationale is that there are too many programmes in HMPPS. There are 21 of which 17 are delivered in prisons and 4 in the community. We are also concerned that under the One HMPPS banner, though not part of the programme, the decision will be to create as single team delivering on both custody and the community as is set out in the TOM for Wales. A final concern is that the creation of a separate, group of staff for which there is no requirement to hold a probation qualifications could at a later date lead to “market testing” or privatisations of this key element of our work.

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    2. The 6 month pay increment dispute. The employer maintains that under the 2018 pay agreement and introduction of CBF the right to a pay increment has been removed from those new to the post through new employment or promotion who have been in post for less than 6 months on the first of April. We do not accept that this has been agreed with the Unions. The consequence of this is that those who will not get an increment the following April need not partake in CBF for that year so we will have large number of staff new to post who will not need to evidence their competence. Any PQiP who qualifies after 1 October is be deemed to have been promoted and so not eligible for an incremental rise the following 1 April. Looking the pay deal a PQiP who qualified in October 2022 will reman on the bottom of the pay scale in 2025 as the previous bottom of the pay scale will have been removed. We feel that this is manifestly unfair and a misapplication of the pay progression process and will not contribute to the retention levels that were one of the driving forces for the pay offer made by the employer.

      Future location of the Probation Service

      We and our sister unions do not feel that the right place for the governance of the probation Service is within the Civil Service and are working with other stakeholders to look at alternative governance structures which places the Probation Service in a more locally accountable position. I would welcome you views and any examples that you might have of potential structures either form within England and Wales or other legislatures that we could look to understand more fully and propose as viable models.

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    3. “All 3 trade unions (GMB/SCOOP, NAPO and Unison) are balloting their members to either accept or reject this offer. We make no formal recommendation, but we believe this offer is the best that can be achieved by negotiation and if rejected could only be improved by sustained industrial action by a majority of members of all three Trade Unions.“

      Following closure of the Probation Unions’ ballots on the three-year pay offer, the results are as follows:

      Napo 66% accept / 34% % reject

      UNISON 64% accept / 36% % reject

      GMB SCOOP 94% accept / 6% reject

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  4. It’s not looking good for London probation, but hey, if it nominates all its senior managers for MBE’s maybe nobody will notice.

    https://www.london.gov.uk/who-we-are/what-london-assembly-does/london-assembly-work/london-assembly-publications/probation-services-london

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  5. And for all those that have failed vetting for less …

    “Rishi Sunak fined for not wearing seatbelt in back of car”

    https://www.bbc.co.uk/news/uk-politics-64353054

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  6. Sinking feeling anyone? What has happened to the Unions in not anticipating this pay progression issue? If there was ANY ambiguity in wording of the pay settlement this should have been sorted at negotiation stage, lawyers consulted for guidance if needed, that’s what we pay our subs for. Then a Dispute registered if the pay settlement couldn’t be agreed! Not staff finding themselves in this position with no increment. It just reminds me of the TR staff transfer agreement, where we were shafted due to lack of due diligence I would argue. Yes, it does evidence bad faith/a lack of respect/ pulling a fast one/ exploitation by the employer but honestly, what are the union negotiators doing??

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    1. We need to get politicised and do away with these anti-worker union bosses who side with the managers and government. Mick Lynch is calling for a 24 hour strike next month. Probation should get involved and show Napo what time it is.

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  7. Also, one HMPPS is surely the death knell for Probation, the final blow. It appears such is employer contempt for consultation processes with the recognised trade unions no information is being given let alone meaningful engagement as is required under TU agreements. Well guess we only have ourselves to blame, low membership and not taking action when we could, it all leads to this sorry state of affairs.

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    1. No it’s the unions that are to blame. We did join, but they have been rubbish since pre-2010. If they were better the membership would be too.

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  8. As much as it pains me to speak up on behalf of the police the process of complaints is a farce and I speak as one who believes that the police should be held to a higher account than Joe Bloggs. However the system can't see the wood for the trees because of various agendas.

    So you have a once highly respected policeman arse pincher in a crown court (a CROWN court FFS) and potential serious sex offenders under investigated because they a policemen. You see the problem here? A combination of hysterical overreaction to something and nothing whilst potentially serious sex crime gets overlooked.

    The country and our systems have lost their minds when it comes to sex offences.

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  9. So are we saying that band 3 unqualified are to replace band 4 risk trained staff to deliver programmes. Does this include sex offender programmes?

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    1. Why shouldn’t it? Band 3 pso are risk trained too. “Risk trained” what does that even mean !!!

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    2. Why not? The vast majority of sex offenders pose little risk beyond some hysterical imaginations, recidivism is low.

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