Appendix 2
OFFICE OF THE POLICE OMBUDSMAN FOR NORTHERN IRELAND
RESPONSE
The Police Ombudsman has considered the Report of
the Northern Ireland Affairs Committee and welcomes the Report.
The Police Ombudsman and her staff would like to place on record
their appreciation of the work of the Committee in relation to
the Office. The Police Ombudsman now wishes to respond to the
Report. References to paragraphs are references to the paragraphs
of the Fifth Report of the Committee into the Functions of the
Office of the Police Ombudsman for Northern Ireland.
"The Ombudsman and the Northern Ireland Policing
Board must ensure that they are taking all steps necessary to
maintain full cooperation at all levels. There is clearly a difference
of opinion between the Board and the Ombudsman over what constitutes
appropriate frequency of contact. The Board said that the present
frequency of meetings appears sufficient, although it made clear
that this would be kept under review. However, such fundamental
differences ought never to occur. We expect to see a structure
of communication put in place quickly which is fully acceptable
to both the Ombudsman and the Board." (Paragraph 28)
The Police Ombudsman's Chief Executive has met with
the Chief Executive of the Policing Board to revisit the whole
issue of communication. They are now in the process of agreeing
a draft protocol for communication between the two organisations
which will provide greater flexibility and more appropriate structures
than presently exist. The protocol will then be presented to the
Police Ombudsman and the Policing Board. It is hoped that a new
structure will be introduced very rapidly.
"We are surprised that the Office's present
"case management system" has failed completely and is
having to be scrapped so soon after its installation at the considerable
replacement cost of over £2.4 million over seven years.
While we appreciate the difficulties involved in anticipating
how such systems will operate in practice, we note that, despite
expenditure of £72,000 on consultancy advice and the experience
of the "IT strand team", the project implementation
team failed to identify an IT system capable of functioning satisfactorily.
The new "case handling system" must be made to operate
effectively over a much longer period." (Paragraph 32)
The original case management system, which was procured
in early 2000, at a cost of £90,000, has dealt with over
18,000 allegations to date and has been repeatedly modified to
enable it to incorporate, where this has been possible, multiple
legislative amendments. It was procured prior to the establishment
of the Office, at a time when the detailed working processes of
the Office had not been formulated, and prior to the passing of
the legislation. It was purchased on the basis that it would provide
an initial platform from which to launch the Office's case management,
but it was anticipated at the time that it would only provide
a basic system for the first three years or so.
The Committee were advised there have been significant
developments in legislative and practice terms affecting the Office
over the past five years. As a consequence of this a Case Handling
System which has an investigative and research function (neither
of which the original system had) and other functionality is now
required.
The initial IT consultancy which cost £72,000
referred to by the Committee provided support not only for the
case management system, but also for the procurement of computer
hardware, advice on contract compliance and all the other IT systems
including finance, personnel and computerised security systems
for the Office.
The Police Ombudsman welcomed the Committee's support
for the new system, and has also appreciated the Northern Ireland
Office's very considered response to the business case which was
made. The Project Implementation Board is at work and we hope
to move this forward very rapidly, in conjunction with all stakeholders,
and in accordance with government requirements on the process
of conducting such a procurement exercise. Necessary consultancy
is in place, the tendering process has now begun, the contract
could be awarded by the end of August and implementation commenced
by the end of the year.
"It is crucial to the credibility of the
Office that the Ombudsman's formal presentation of her performance
in the Annual Report should be of the very highest quality. It
must be comprehensive, fully transparent, easily comprehensible,
and should track progress on key targets year on year in a consistent
format. There is some way to go before this standard of rigour
is achieved. We expect to see an improvement in the presentation
of the Annual Report in future years". (Paragraph 35)
The Police Ombudsman recognises the importance of
the Annual Report and has, in the past, devoted extensive resources
to its preparation. The Office has been engaging in a process
of performance review of the 2004-2005 targets and indicators
on a three monthly basis, as a consequence of this year's planning.
We are now in a position to report extensively on trends and
patterns in complaints with 3 or 4 year comparisons. The core
indicators of importance are now more clear, and there will be
a significant comparative element in performance reporting for
2004-2005 with previous years. The Police Ombudsman has asked
for consultation with the Northern Ireland Office in relation
to their views on the key performance indicators for the business
plan for 2005-2006 which is currently being prepared. The Police
Ombudsman is also in the process of consulting in accordance with
s.75 Northern Ireland Act. We hope that this will ensure that
our reports will be even more meaningful and informative.
"Developing trust on the part of the police
in Northern Ireland in the Office of the Police Ombudsman depends
on a positive and proactive approach by the top managements of
the police and the Office, and we are satisfied that substantial
efforts are being made by both in this direction. While we acknowledge
the particular difficulty of the Ombudsman's task in securing
the trust of rank and file police officers, we are concerned about
the low level of confidence which police officers appear to have
in the Ombudsman and, in particular, their perception that the
system is neither impartial nor fair. Everything possible must
be done to improve officers' confidence in the present system
of complaints. We warmly welcome the agreement between the PSNI,
police staff associations, and Ombudsman to work jointly to improve
confidence. This is a solid start on which we expect all parties
to build." (Paragraph 45)
The Communications Group between the PSNI, the staff
associations and this Office are meeting under the joint chairmanship
of the Police Ombudsman's Chief Executive and the Deputy Chief
Constable who are taking all these matters forward. As articulated
to the Committee in oral and written evidence there is much work
ongoing in relation to these issues.
It estimated that between September 2004-March 2005
more than 1787 police officers have received presentations and
engaged in debate on our systems:
- 379 officers during DCU presentations
in East Belfast, North Down and Castlereagh (43 sessions over
6 months)
- 570 (approximately) officers at 42 firearms presentations
to at Garnerville
- 200 officers: Gender Action Day 14 September
2004
- 240 officers: Student Officer Training at Garnerville:
- 180 officers Phase four probationer training
- 23 officers - "Ask the Ombudsman" event
- 25 officers - CS Spray Training
- 80 officers -Phase four Student Officer Training
at Maydown
Evaluation of events such as these demonstrates increasing
confidence in the systems and processes of the Police Ombudsman's
Office.
A major conference involving approximately 80 senior
and chief officers was held jointly by the Police Ombudsman and
the PSNI in December 2004
Regular meetings are held between the Staff Associations
and the Police Ombudsman at which issues impacting on police officers
are discussed and addressed.
There are occasional meetings with the Northern Ireland
Policing Board and 26 District Policing Partnerships have been
met on one or more occasions since they were established in 2003.
The Police Ombudsman has sought meetings with all the District
Policing Partnerships.
There is regular consultation with other policing
organisations such as Her Majesty's Inspector of Constabulary,
the Association of Chief Police Officers and its sub-committees,
IPCC and various police services in England and Wales including
those which second officers to us.
Monthly contributions are made to the Police Magazine
The Gazette
Further activity is planned both by this Office and
as a consequence of the work of the Communications Group. It is
the hope of the Police Ombudsman and her staff that the PSNI,
the Policing Board and the Staff Associations will all play their
part in addressing this most sensitive matter.
"While the outcome of investigations, conducted
by the Ombudsman are a matter for her Office, it is vital that
in all respects the manner in which these investigations are conducted
represent the highest professional standards, and it appears that
she is seeking to achieve this goal. We warmly support such an
approach and, in particular, commend the Office for seeking to
keep complainants and officers fully informed as work progresses.
We have heard complaints in other inquiries that this is not
done sufficiently in police investigations, and a punctilious
adherence to this practice will enable the Ombudsman to set a
'gold standard' for procedure in this area." (Paragraph
48)
The quality of investigations is of the utmost importance
to the Office. Twenty quality assurance exercises have been conducted
into investigations. The outcome of each Quality Assurance Report
is communicated to the Senior Management Team as it is produced.
The Reports then become the subject of targeted management intervention
as appropriate by Investigations Directors and managers. This
is an ongoing objective from past planning and has been identified
again during this year's business planning.
"We were told that the Ombudsman is currently
engaging with the police to ensure that they understand the process
for independent investigation. We welcome this, and we also consider
that there is a role here for the Government to ensure that all
those who may use the system are fully aware of it, and its operation.
However, if it becomes clear that after a reasonable time, the
present arrangements are continuing to cause unease and are failing
to gain general respect and acceptance, then the Government must
consider what alternative procedures may be put in place to provide
assurance that complaints of mal-administration against the Ombudsman
will be investigated fully and fairly." (Paragraph 56)
The Police Ombudsman has agreed with the Northern
Ireland Office new wording in respect of informing the public
and police about the complaints procedure for allegations of maladministration
against the Office. The system was established when the Office
was opened. The new wording, which clarifies that complaints relating
to maladministration must be made in the first instance to the
Office and if not resolved, then to the Secretary of State, has
been changed on the Office's website and is about to be changed
on all leaflets. This has confirmed with the Northern Ireland
Office. The Police Ombudsman hopes that this will assist any potential
complainants to understand the purpose and nature of the system.
"We believe there is a strong case for amending
the Police (Northern Ireland) Act 1998 in order to give the Ombudsman
power to determine that a complaint is suitable for mediation
rather than formal investigation. We consider that this is likely
to facilitate greater flexibility in the complaints process, improve
its efficiency, and secure greater confidence in the system.
The evidence we received indicates that the proposed changes have
the support of the PSNI and police staff associations and we urge
the Government to introduce the necessary legislation speedily".
(Paragraph 63)
The Mediation Project Team led by a Complaints Supervisor
is currently working. Final confirmation of agreement has been
sought from the PSNI and the staff associations. It is The Police
Ombudsman's hope that legislation will be drafted very soon to
enable us to plan for the introduction of the new process next
year.
"The PSNI told us that allegations of criminal
conduct made against retired police officers are currently investigated
by the Police Service and the facts placed before the DPP and
questioned the need for the Ombudsman's involvement. They explained
that the Ombudsman has the "powers of a constable" and
can choose to investigate allegations of criminal conduct against
retired members. However the Ombudsman only has power to report
serving members of the police service or retired members where
criminal offences may have been committed during their police
service to the DPP for prosecution. The PSNI has "stated
its willingness in the case of investigations about retired officers
"to develop a protocol for forwarding reports to the prosecuting
authority on the Ombudsman's behalf" to avoid the need for
further legislative change." (Paragraph 65)
It appears that there is some confusion in relation
to the powers of the Police Ombudsman in the text of the Committee's
Report, in so far as the PSNI are said to have "stated its
willingness in the case of investigations about retired officers
"to develop a protocol for forwarding reports to the prosecuting
authority on the Ombudsman's behalf" to avoid further legislative
change"
No legislative change is required in relation to
the Police Ombudsman's investigation of alleged criminal activity
by retired officers. No protocol with the PSNI is required. The
Police Ombudsman has a duty under s. 58(2) of the Police (NI)
Act 1998 to send a report to the Director" of Public Prosecutions.
The situation is quite clear. The Police Ombudsman's
remit in respect of alleged criminal activity by a police officer
is predicated on whether the alleged criminal activity occurred
whilst the officer was serving. If the alleged criminal activity
did occur during a retired officer's service in the RUC or the
PSNI, then the Police Ombudsman has power to investigate such
activity, unless it occurred off duty and the fact of being a
police officer is not relevant to the complaint. In all other
circumstances the Police Ombudsman can investigate allegations
of criminal activity by a police officer during his service as
an officer.
The fact that the officer has retired has no impact
on this matter. Indeed, "if it appears to the Chief Constable
---that conduct of a member of the police service may have resulted
in the death of some person" then the "Chief Constable
shall refer" that matter to the Police Ombudsman for investigation
(see s.55(2) Police (NI) Act 1998). Such matters cannot be investigated
by the PSNI.
"The importance of the Office actively engaging
with young people and increasing their awareness of the Office
cannot be overestimated. We welcome the joint initiatives undertaken
by the Ombudsman and the PSNI to improve young people's understanding
of the Office and the new complaints system. We expect these
efforts to continue to develop. We urge the Ombudsman to reconsider
the recommendations of the report by the Institute for Conflict
Research, in particular, whether a separate team should be set
up within the Office to deal specifically with complaints by young
people." (Paragraph 71)
The Police Ombudsman's Senior Management Team, having
commissioned and paid for the research conducted by the Institute
for Conflict Research have considered the recommendations at length,
and responded. Some of the recommendations actually reflected
ongoing working practice and no change was necessary. In the context
of others we have ensured that investigators are specially trained
in interviewing vulnerable complainants and witnesses, and are
introducing new video technology to minimise the stress of the
interview process in accordance with ACPO "Achieving Best
Evidence" Guidance. The Senior Management Team is also considering
appointing Youth Complainant Co-ordinators for each investigation
team, and in the Complaints Office.
"The difficulty of the Ombudsman's task in
attempting to secure the confidence of police officers is considerable.
Managing the relationship is unlikely ever to be straightforward.
We are concerned by the very low level of confidence which police
officers and their representative bodies presently have in the
Ombudsman. However, we were pleased to note an appetite for constructive
discussion and debate on police practice and complaints procedures
on the part of the PSNI, the police staff associations, and the
Office. The parties must build further on this co-operative basis.
The Ombudsman should arrange for regular monitoring of levels
of police confidence in her Office, and publish the full results
straightaway." (Paragraph 73)
The Police Ombudsman welcomes the Committee's acknowledgement
of the difficulty of the task of securing police officers' confidence
in the complaints system. The figures to which the Committee refers
are now two years old, and were the result of survey work carried
out at the time of the Police Association's judicial review of
the Police Ombudsman's Omagh Report which was subsequently withdrawn
by the Police Association. As the Committee is aware much work
has been done by the Police Ombudsman and her staff alone, and
in conjunction with the PSNI and the staff associations, since
the survey to address the matter.
The Police Ombudsman is keen to survey further police
officer perceptions and experiences. To this end the Police Ombudsman's
Information Directorate is also conducting an evaluation of the
officer response to the varied information and discussion sessions,
involving the Police Ombudsman and her staff, which are being
held across District Command Units. The responses to the questionnaires
distributed at these sessions are being analysed. Finally the
Police Ombudsman is consulting with the PSNI and the staff associations
through the Communications Group about a survey of the experiences
of all officers who have been the subject of investigation by
the Office. We hope as a consequence of such activity to create
an effective and useful survey of all officers for the future.
"The Ombudsman's relationship with the Northern
Ireland Policing Board is a critical one for the success of the
new policing arrangements. Without full mutual cooperation these
arrangements will be damaged, and the people of Northern Ireland
will not receive the excellent policing service to which they
are entitled. It is our view that more regular communication
between the Ombudsman and the Policing Board will improve their
effectiveness and assist in achieving the increase in police accountability
envisaged by the Independent Commission on Policing for Northern
Ireland. We also urge the Ombudsman to continue her existing
commendable efforts to improve young people's awareness and understanding
of the Office and the new complaints system." (Paragraph
74)
See the response to Paragraph 28 above in relation
to communication with the Policing Board.
The Police Ombudsman appreciates the Committee's
evaluation of the work of her Office with young people and is
determined that the Office will continue and develop the programme
which is currently underway. The Police Ombudsman will also seek
to work with the Children's Commissioner to develop positively
the interaction between young people and the police.
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