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

Theme 7: Training and HRs

In contrast to the previous theme, all recommendations under this theme are non-legislative and primarily aimed at partners to implement within their own organisations.

Police Scotland training

As part of a suite of changes made to strengthen its Professional Standards Department (PSD), Police Scotland has developed a comprehensive five day Induction Training package in conjunction with partners (PIRC, CAAPD, Scottish Police Federation) providing new PSD officers with an overview and insight into all PSD Business areas, in-depth delivery covering the journey of a complaint focusing on process and guidance, Customer Handling, Mediation and Mental Health. The first induction course was delivered 26th – 30th April and feedback has been extremely positive, with external observers from Scottish Government, SPA and PIRC in attendance. The establishment of the Induction Course in conjunction with the new Complaint Handling Operating Model being commenced on 3rd May 2021 (see below) simultaneously progresses the delivery of recommendations 6 and 67. This is complemented by the appointment of a Training coordinator in National Support, Partnerships and Prevention Unit (NSPPU) with responsibility for coordination of all training across PSD business areas, implementing recommendation 62.

As proposed in Recommendation 14 that Police Scotland review its competencies for assessing readiness for promotion, a new promotion process has been introduced, which tests skills, competence, behaviours and values, all linked to the Competency and Values Framework (CVF). The Police Leadership and Development Programme (PLDP) commenced on 1st April 2021 and will become the new qualification required prior to promotion to the rank of sergeant, replacing the Diploma. The aim of the PLDP pilot is ultimately to provide Police Scotland with a new and modern promotion qualification in which officers are assessed on work based performance by undertaking vocational tasks.

PIRC training

PIRC provides in-house training through shadowing and mentoring, in addition to which trainees attend the Police Scotland College at Jackton and undertake a University course as part of their traineeship. In planning for implementation of recommendation 63, preliminary discussion has taken place between PIRC and PSD to progress opportunities for PIRC staff to work shadow Police Scotland officers, which will be realised once COVID restrictions are lifted. In connection with recommendation 64, PIRC intends to carry out an assessment of training needs to identify any gaps which require to be addressed. Although aimed at Police Scotland, PIRC has recognised the relevance of recommendation 67 and its staff have completed mandatory training in relation to engaging with those who have experienced trauma, with training inputs from Mental Health First Aiders.

Joint PIRC and Police Scotland training

Investigation and Review staff from PIRC already provide training inputs to courses at the Scottish Police College and publishes Learning Point providing learning that has been identified through investigations and complaint handling reviews. PIRC and PSD training cadre have established training material and regularly deliver jointly on Police Scotland's internal PSD training, Divisional Training, Leadership training and National training. PIRC will liaise through the NCHDG to see if this can be further enhanced or propose that recommendation 65 be closed.

PIRC workforce

In her Final Report, Dame Elish noted that in the period since recommendation 24 from her Preliminary Report was made in June 2019, proposing that PIRC replace former officers with non-police staff following retirement, there had been no requirement to recruit to the most senior PIRC posts. In considering the implementation for this recommendation, PIRC views it as essential to have operational and managerial members of staff who have investigative experience and expertise whether from policing or other investigative agencies for the credibility of its investigative capacity of PIRC. To effectively hold the police to account requires investigators with a range of specialist and operational investigative skills. However, PIRC is aware of the benefits attracting employees from other backgrounds and continues to actively recruit from a diverse pool, including those from non-policing bodies who have an investigative function, as well as growing their own investigators though an active trainee program. PIRC has recruited 16 trainees, all from a non –police background, on its trainee programme. To be operationally competent requires on the ground experience and with the current volumes of investigations, particularly critical investigations, it inevitably will take time for them to gain the extensive operational competency that would enable them to investigate effectively without the support of investigators from a policing background. As acknowledged in the Final Report, the gradual shift to recruit more employees from a non – policing background will take some years. It is important in the Scottish context to recognise that the Commissioner cannot be a former police officer, thus bringing an element of independence. Further, all investigations involving criminality of a serious nature or deaths in custody are conducted by the PIRC under the direction of the COPFS, ensuring oversight by the independent prosecutor.

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 6

All officers and support staff in Police Scotland's Professional Standards Department (PSD) to receive comprehensive induction training and regular refresher development.

Lead: Police Scotland

Current Position: In progress

A comprehensive 5 day Induction Training package was developed for new PSD officers covering the journey of a complaint focusing on process and guidance, Customer Handling, Mediation and Mental Health.

The establishment of the Induction Course in conjunction with the new Complaint Handling Operating Model being commenced on 3^rd May 2021, simultaneously progresses the delivery of Training and HR recommendations 6 and 67.

Recommendations 11

Police Scotland to consider front line sergeant workload at and supervisory ratio of sergeants to constables

Lead: Police Scotland

Current Position: In progress

Initial work has been undertaken by Strategic Workforce Planning (SWP) to understand the picture of supervisory ratios across Police Scotland and in particular local policing. A working group has been constituted and will have its inaugural meeting in June to consider the findings of the SWP analysis of supervisory ratios. This group will have representation from staff associations to ensure they are fully sighted on any proposals.

Recommendations 14

Police Scotland Executive team should consider in depth and review the criteria and competencies that it uses to assess police officers' readiness for promotion.

Lead: Police Scotland

Current Position: In progress

Introduction in August 2020 of a new promotion process to test skills, competence, behaviours and values, all linked to the Competency and Values Framework (CVF). Police Leadership and Development Programme (PLDP) commenced on 1 April 2021 and will become the new qualification required prior to promotion to the rank of sergeant, replacing the Diploma. Aim of the PLDP pilot is ultimately to provide Police Scotland with a modern promotion qualification in which officers are assessed on work based performance by undertaking vocational tasks.

Recommendations 62

Police Scotland to appoint a PSD training officer to liaise with the SPSO, the PIRC and the SPA on joint training, best practice.

Lead: Police Scotland

Current Position: In progress

Awaiting Sign off

Training coordinator appointed in National Support, Partnerships and Prevention Unit (NSPPU) with responsibility for coordination of all training across PSD business areas.

Recommendations 63

PIRC staff to work shadow police officers at peak times to understand context

Lead: PIRC

Current Position: In progress

Preliminary discussions have taken place with review officers scheduled to attend Officer Safety Training Overview and visit Contact, Command and Control in the coming weeks.

Recommendations 64

PIRC in house training on law of evidence

Lead: PIRC

Current Position: In progress

Training currently provided through shadowing and mentoring. Trainees also attend Police Scotland training college and a University course as part of their traineeship. Plans are in place to undertake a training needs analysis in due course.

Recommendations 65

PIRC and Police Scotland to develop training and development opportunities to embed learning from thematic analysis of complaints

Lead: PIRC

Current Position: In progress

Contribution from PIRC to Police Scotland training events and identification of learning through application of investigation and complaints handling reviews. PIRC and PSD training cadre regularly deliver jointly on internal PSD training, Divisional Training, Leadership training and national training. Further work being undertaken to determine if current practice can be enhanced.

Recommendations 67

Police Scotland to provide training on engaging with individuals displaying mental ill-health symptoms or related behaviours.

Lead: Police Scotland

Current Position: In progress

See Rec 6 above.

PIRC rolled out mandatory training to support engagement with anyone who experienced trauma, as well as training from Mental Health First Aiders.

Recommendations PR2

Police Scotland to review service‑wide capability of line managers, including the adequacy of training and support mechanisms

Lead: Police Scotland

Current Position: Complete

Management and co-ordination of internal complaints (including grievance) and employment tribunal complaint submissions to ensure consistency of approach regarding consideration of all associated people matters, remaining cognisant of officer and staff wellbeing. National processes established within PSD to identify training requirements in for complaints, investigations and conduct, including Induction training, CPD events and resources. Training Working Group covering all PSD business areas includes representation from Learning, Training and Development and Local Policing.

Recommendations PR3

Police Scotland to consider for employing more non‑police officer support staff in PSD. This is an option that Police Scotland may wish to ask HMICS to review.

Lead: Police Scotland

Current Position: In progress

PSD are engaged in a Force wide strategic workforce planning exercise directly examining the composition of the workforce on a needs analysis basis. Resourcing of PSD in the area of complaint handling will form part of that analysis. Commitment and progress to Organisational Design, Resources and Demand and Organisational Resilience as Organisational priorities will be included in reporting on Annual Policing Plan 2021-22.

Recommendations PR4

Police Scotland to ensure that grievance matters are not artificially elevated and dealt with as conduct matters.

Lead: Police Scotland

Current Position: Complete

Triage process for complex Grievances, Criminal Complaints and Conduct managed by PSD Gateway Unit.

GWU scrutinises and assesses for potential criminal matters, conduct related matters or grievance related matters. Case Allocation Review Panel established to provide oversight for Grievance, Non-Criminal Complaints and Employment Tribunals.

Recommendations PR9

Police Scotland to raise awareness of internal systems for mediation and grievance

Lead: Police Scotland

Current Position: Complete

The promotion of mediation at any stage of the grievance process is contained within Police Scotland Grievance policy, published on the P&D Policy Hub on the Intranet. Ongoing communications work regarding whistleblowing and where concern does not meet WB criteria, signposted to Integrity Matters online form to raise concern. The promotion of Wellbeing continues to feature in Operational Priorities.

Recommendations PR10

Police Scotland to provide officers in frontline resolution with training in mediation and customer handling.

Lead: Police Scotland

Current Position: Complete

Police Scotland PSD has established an overarching training group to provide oversight of national approaches and delivery of mediation and customer handling training.

Training identified for customer handling and mediation in conjunction with Contact, Command and Control Trainer. PSD Training Working group will continue to provide oversight of training in support of Organisational Priorities as outlined in the Annual Police Plan 2021-22.

Recommendations PR17

Training for complaints and conduct officers in SPA to be consolidated to ensure up‑to‑date knowledge of complaint handling best practice

Lead: SPA

Current Position: In progress

SPA offer their staff the opportunity to attend Queen Margaret University's course in Complaints and Ombuds Techniques which looks at how organisations can respond effectively to complaints and how they can learn from complaints. Discussions currently ongoing with partners to develop and implement a programme of training and personal development for SPA Complaints team, including access partner provisions where applicable.

Recommendations PR24

Following retirement of former police officers PIRC policy should be to replace them with non-police officers

Lead: PIRC

Current Position: In progress

PIRC is continuing to seek to attract employees from diverse backgrounds. It was acknowledged in final report that this would be a process that would take many years. In considering the composition of the PIRC workforce, there has to be a balance between the credibility of the PIRC as an effective investigative body and ensuring that public confidence is not affected by a perception of a close relationship between the investigator and those being investigated.