Complaints, investigations and misconduct in policing - implementation of recommendations: thematic progress report - June 2021

Theme 5: Equality, Diversity and Inclusion

Following the swift response from the Chief Constable and then Vice Chair of the SPA to Dame Elish's findings relating to Equality, Diversity and Inclusion, Police Scotland has applied renewed focus and commitment, both to workstreams already underway and new developments to better understand and serve the needs and experience of Scotland's diverse communities and its own workforce.

Strategic oversight

To embed Equality, Diversity and Inclusions across the organisation and to provide a refreshed, enhanced and robust governance structure, Police Scotland has established the Equality, Diversity, Inclusion and Human Rights Strategic Oversight Board, chaired by DCC People and Professionalism. The Board draws together activity and oversees the delivery of Police Scotland's Equality Outcomes, the Equality, Diversity and Inclusion (Employment) Framework and the Diversity Action Plans which are being developed. The Board also oversees the implementation of recommendations within the Dame Elish Angiolini report, capturing and assessing progress.

The Board is overseeing a comprehensive review of existing governance arrangements to ensure they are fit for purpose to drive forward the current reform agenda. The Board will report into Police Scotland's Strategic Leadership Board and the Scottish Police Authority.

Independent review

To complement and accelerate Police Scotland's activity in mainstreaming equality, diversity and inclusion and in eliminating discrimination, an Equality, Diversity, Inclusion and Human Rights Independent Review Group (IRG) has been established. This will bring considerable value to Police Scotland's approach and understanding of equality matters. The IRG will provide critical oversight, challenge, review and assurance as progress is made. This is in line with the Chief Constables commitment to independent review as proposed in recommendation 18 of Dame Elish Angiolini's report. The IRG met for the first time on 25 May 2021. Membership is reflective and representative of society with experience in advocating on behalf of underrepresented communities. The IRG will report publically on its findings.

Part 2 of Her Majesty's Inspectorate of Constabulary's (HMIC) Inspection into Police Scotland's Training and Development is now underway. The terms of reference for this inspection were published in March 2021. The Inspection will provide further independent scrutiny with a particular focus on Police Scotland's approach to equality, diversity and inclusion. The aim of the inspection is to assess the effectiveness and efficiency of Police Scotland in relation to the recruitment, retention, development and promotion of people from underrepresented groups.

Diversity data

There has been further progress to improve collection and reporting of diversity data as proposed in Recommendations 5, 9 and 60. Developments in Police Scotland are seeking to enhance existing data capture to improve consistency and its new operating model, centralising complaints within PSD will support this. Police Scotland is also planning to undertake a benchmarking exercise to determine how the Police Ombudsman for Northern Ireland and the Garda Síochána Ombudsman Commission currently capture diversity data to consider potential areas for learning. Although primarily aimed at Police Scotland and the SPA, there is wider ambition to deliver improvements across the sector. As highlighted in the joint response, the Justice Board's Cross Justice Working Group on Race, Data and Evidence is driving cross-sector improvements. Discussions are also progressing through the National Complaints Handling Development Group (NCHDG) to jointly review and ensure consistency across complaints equality & diversity monitoring forms and PIRC has formed its own Equality and Diversity group to take recommendations forward.

PIRC consideration of discrimination issues

More broadly, in terms of its own policies and procedures, PIRC has prepared an internal guidance document in relation to dealing with allegations of discrimination when undertaking investigations or complaint handling reviews, as part of its implementation of recommendation 44. The document is currently going through internal quality assurance process and once approved will be utilised by all staff and published on the PIRC website.

Workforce impacts and diversity

Linked to recommendation 15 proposing steps for Police Scotland to better understand the experience and impacts of discrimination, prejudice and unconscious bias on all minority groups in the workforce, members from SEMPER Scotland (Supporting Ethnic Minority Police Employees for Equality in Race) took part in a 'Talk Truth to Power' series of events with Deputy Chief Constable Fiona Taylor. An action plan has been developed based on these discussions, setting out how Police Scotland could take specific action to deliver its inclusion agenda and create an environment which attracts, develops and retains a diverse and representative workforce.

Following the success of the BME 'Talk Truth to Power' sessions and the development of the BME Action Plan, this work is now being replicated across the protected characteristics. This will enhance Police Scotland's understanding of the unique experiences and concerns of different minority groups enabling barriers to be identified and addressed.

Significant progress has already been made in reviewing and updating the Standard Entrance Test (SET) to ensure it is non-discriminatory. The embedding and impact of this new SET will be closely monitored to ensure positive change.

To improve support for those experiencing discrimination, (recommendation 17) work is ongoing within PSD to better understand needs of officers and staff together with nuances of investigating prejudice and discrimination, building on improved communication with Diversity Staff Associations in this area.

Unconscious bias training

In relation to recommendation 66 Unconscious Bias continues to feature throughout Police Scotland's training programmes. Work is currently being developed to further integrate a focus on unconscious bias into all aspects of training and further refine how this affects all members of the workforce and impacts within policing. Again, although aimed at Police Scotland, PIRC recognises the relevance of this recommendation and its Senior Management Team has taken part in Unconscious Bias training with PSD. PIRC has also rolled out an online module to staff and further appropriate training is being identified.

Diverse panels for disciplinary hearings

For recommendation 16, proposing diverse panels for disciplinary hearings, Police Scotland is currently reviewing the existing cadre of chairs and assessors for misconduct proceedings. Analysis is being undertaken to establish the diversity of this cadre to ensure diverse panels can be put in place. For its part, the SPA seeks to ensure, as far as possible, the diversity of Police Appeals Tribunals (albeit recognising that it is the Lord President who appoints the pool of members from which the SPA selects).

Further updates

Details on progress against other recommendations under this theme are set out in the table below:

Progress Overview for the period up to end April 2021

Recommendations 5

Police Scotland and SPA to consider expanding collection and publication of diversity data

Lead: Police Scotland & SPA

Current Position: In progress

Police Scotland will benchmark with a number of other Police Services to capture best practice. All partners engaging to review and ensure consistency across complaints equality and diversity monitoring forms through NCHDG and wider cross-sectoral improvement driven through Cross-Justice Working Group on Race, Data, and Evidence. PIRC has also formed an Equality and Diversity Group.

Recommendations 15

Police Scotland to use staff surveys, meetings and focus groups to understand the experience and impacts of discrimination, prejudice and unconscious bias on all minority groups in the workforce

Lead: Police Scotland

Current Position: In progress

Police Scotland is working with SEMPER Scotland to deliver its inclusion agenda and currently piloting a new Standard Entry Test, which reflects inclusive language and terminology.

Recommendations 16

More diverse panels for disciplinary hearings

Lead: Police Scotland

Current Position: In progress

Police Scotland is currently reviewing the existing cadre of chairs and assessors for misconduct proceedings and analysis is being undertaken to establish the diversity of this cadre to ensure diverse panels can be put in place.

SPA will ensure, as far as possible, the diversity of Police Appeals Tribunals.

Recommendations 17

Appropriate support for anyone who is subject to internal or external discrimination

Lead: Police Scotland

Current Position: In progress

Work ongoing within PSD at present to better understand needs of officers and staff together with nuances of investigating prejudice and discrimination. Already improved communication with Diversity Staff Associations in this area.

Recommendations 18

Independent review of equality matters within Police Scotland

Lead: Police Scotland

Current Position: In progress

HMICS Training and Development inspection, has now been brought forward 2020-2021 and terms of reference published in March 2021.^[1] Inspection now underway with fieldwork interviews being planned.

To complement and accelerate Police Scotland's activity in mainstreaming equality, diversity and inclusion and in eliminating discrimination, an Equality, Diversity, Inclusion and Human Rights Independent Review Group (IRG) has been established to provide critical oversight, challenge, review and assurance as progress is made.

Recommendations 19

Police Scotland should develop its diversity data collection and analysis to inform a proper understanding of issues related to discrimination

Lead: Police Scotland

Current Position: In progress

Development around collation of diversity data by Police Scotland, seeking enhancements required to existing data capture to ensure consistency.

Recommendations 44

PIRC should ensure that discrimination issues are considered as an integral part of their work.

Lead: PIRC

Current Position: In progress

PIRC internal guidance document is in development. When it has passed through internal quality assurance process and approved, it will be utilised by all staff and published on the PIRC website.

Recommendations 50

Third‑party reporting centres for hate crime, including those representing minority groups, to offer support to complainers.

Lead: Police Scotland

Current Position: In progress

Police Scotland is undertaking a wider piece of work related to third party reporting centres which will incorporate complaints about the police.

Recommendations 60

Police Scotland to analyse complaints data to gain a better understanding of different groups and communities' experience of the police

Lead: Police Scotland

Current Position: In progress

Enhancements required to demographic data recording currently being explored by Police Scotland, working closely with PIRC and SPA.

Recommendations 66

All Police Scotland officers and staff to receive training on unconscious bias, equality legislation and diversity with refresher courses

Lead: Police Scotland

Current Position: In progress

Unconscious Bias continues to feature throughout Police Scotland Training. Work is currently being developed to further integrate into all aspects of training unconscious bias and further refine how this affects us all and how this impacts within policing.

PIRC senior management have also taken part in Unconscious Bias training with Police Scotland Professional Standards and rolled out an online module to PIRC staff.

Recommendations PR12

Police Scotland to reflect on the culture of the new service, address any long-standing issues and consider how everyone in the organisation can help to change that culture for the better.

Lead: Police Scotland

Current Position: Complete

PSD Training group reporting to Complaints Handling Working Group captures/disseminates Organisational learning communicating across Police Scotland. Restructure of probationers course with singular PSD input (Ethics and Values, Professional Standards and Corruption). Introduction of Ethics Advisory Panels (EAPs) providing an opportunity for individuals to raise issues which assists decision making and which will have a wide arching impact.

Organisational priorities continue to focus on people and develop a culture and supporting working environment which allows people to develop as outlined in Police Scotland's Annual Police Plan 2021-22.