Complaints, investigations and misconduct in policing - implementation of recommendations: thematic progress report – June 2022

Theme 5: Equality, Diversity and Inclusion

The recommendations under this theme can be implemented without the need to make legislation and work has been progressing in relation to those which were not completed as part of the last thematic report.

Diversity Data

Police Scotland and SPA continue to expand collection and publication of diversity data in relation to Recommendation 5. The Data Owner Group set up by Police Scotland has now held its first meeting and a draft terms of reference issued to members. The National Complaints Handling Development Group (NCHDG) has also established two subgroups and part of their remit will be to ensure a corporate approach to gathering of diversity data. SPA has also included equality and diversity monitoring to online complaints forms to enable greater understanding of diversity of complainants. To further improve the capturing of diversity data, a health check of the Professional Standards Department IT system, Centurion, has been arranged for July 2022. A Data Mapping exercise is also underway to determine data process, storage and requirements in respect of Professional Standards Department data.

Although recommendation 5 is not specifically directed at PIRC, PIRC has also introduced a process to collect diversity data which will form part of the information collected in relation to allegations of criminality that are investigated by PIRC. Diversity monitoring is also included as part of PIRC’s recruitment process and work is ongoing with web developers to enable candidates to apply online via their website.

All of the work undertaken in relation to recommendation 5 above supports progress of Recommendations 19 and 60. In addition, for Recommendation 19, discrimination training is also being actively progressed, linking to Recommendation 17 and also to the work of EDI groups to ensure data capture is relevant across the organisation. In respect of Recommendation 60, the data mapping exercise being led by the Data Owner Group to determine data process, storage and requirements, should also enhance the organisation’s understanding of complaints across communities and allow analysis and a proactive approach in the overall Preventions and Professionalism Programme.

Unconscious bias training

Unconscious Bias training is now part of Police Scotland’s online training module, ensuring that all Police Scotland officers and staff receive training on unconscious bias, equality legislation and diversity in line with Recommendation 66. Following consultation with staff associations, feedback has now been received regarding the inclusion of Unconscious Bias within Operational Safety Training, with the next step being to seek endorsement from Leadership, Training and Development for inclusion within the Operational Safety Training programme going forward. This will also be included in chair and assessor training for conduct panels and hearings which links with Recommendation 16 below.

To ensure diverse panels for disciplinary hearings can be put in place as far as reasonably possible, Police Scotland’s review of processes in respect of panel availability and selection is underway and as such Recommendation 16 continues to progress. As mentioned above, a programme of training including unconscious bias has been implemented with a view to having all chief superintendents, superintendents and chief inspectors trained in chairing and assessing panels. A diversity monitoring form is also being produced to record decision making in respect of panel members. SPA will also ensure, as far as possible, the diversity of Police Appeals Tribunals.

Workforce impacts and diversity

The results of Police Scotland’s Your Voice Matters staff survey have now been reviewed to identify learning in relation to experiences and impacts of discrimination, prejudice and unconscious bias on all minority groups in the workforce in line with the aim of Recommendation 15. Organisational learning from the survey will be subject to independent scrutiny as part of SPA’s audit in 2022/23 and the self-assessment process will record examples of progress and promote the organisation’s commitment to sustaining improvement. High level priorities from the survey analysis have also been aligned with the strategic intention of Equality Diversity and Inclusion and Human Rights (EDI & HR) Strategic Oversight Board and ongoing work will be scrutinised and supported by the Independent Review Group (IRG). The aim is to bring improvements to service provision and policing culture to the benefit of officers and staff, enhance employee relations and promote Police Scotland as a preferred employer. A Memorandum of Understanding (MOU) is also in place with Diversity Staff Associations and action plans developed to drive this change forward. These actions, supported by robust governance, signal that Recommendation 15 has, therefore, been fully implemented.

As noted above, in relation to Recommendation 17, discrimination training is being actively progressed with meetings having taken place with the Independent Office for Police Conduct (IOPC) in respect of their discrimination training programme so that there is appropriate support for those staff who have been subjected to discrimination. Engagement is also continuing with EDI groups to explore options for improvement, implementing training and awareness and sharing best practice.

Third Party Reporting and Hate Crime

In respect of Dame Elish’s recommendation to offer third party support to those who wish to make a complaint, Police Scotland has taken action to improve support and convenience for complainers. Updates have been made to the Police Scotland website in respect of making a complaint and signposting relevant partner agencies. This also links to Recommendation 48 within Theme 4: Transparency and Accessibility which seeks improvements to information on how to complain. The introduction and widespread circulation of a QR code and informative literature in leaflets, online and posters in buildings where the public have access, have enhanced accessibility to those who wish to compliment, comment or complain. These have extended to being made available for display in third party reporting centres, with the added advantage of providing a translation option, should language be a barrier in the understanding of process or indeed making a complaint. These features will significantly increase the reach into our communities, with a view to understanding dissatisfaction with Police Scotland and for implementing improvements to service delivery. Recommendation 50 is, therefore, considered to be fully implemented.

Police Scotland is one of a number of organisations involved in the development of Third Party Reporting, particularly in relation to the reporting of hate crime. HMICS’ Hate Crime Inspection has recommended areas for improvement and Police Scotland and the Scottish Government, along with relevant partners, are seeking to examine third party reporting provisions during their development of a national hate crime strategy and associated campaign. This will be progressed under a redesigned Tackling Prejudice and Building Connected Communities Group and will seek to develop the general function of the centres and their capacity.

Independent review

As reported previously, a robust governance process is in place to ensure effective direction and scrutiny of equality matters within Police Scotland, as well as providing the necessary structure to deliver and sustain improvements. The Equality, Diversity, Inclusion & Human Rights (EDI & HR) Strategic Oversight Board (SOB) sets direction and oversees the delivery of Equality Outcomes and the People Strategy.

The Independent Review Group (IRG) established last year continues to provide critical oversight of equality matters focusing on 3 key areas of Cultural Change, Strategic Direction and Training and Development. The work of the IRG will be subject to internal monitoring by the EDI & HR SOB in accordance with existing arrangements for monitoring all external scrutiny recommendations. Police Scotland’s progress and achievements will be reported quarterly to SPA Audit, Risk and Assurance Committee along with direct reports to SPA Board and any other relevant Committee. A final report from the IRG is due to be presented to the SPA Board in September 2022 and, if content with the IRG’s findings, Recommendation 18 will then be considered for sign off through the Scottish Government’s governance framework.

Linked to Recommendation 18, the 10 recommendations made by HMICS following the Thematic Inspection on Training and Development into Police Scotland's Training and Development - Phase 2 Equality and Diversity last year, have now been developed into an improvement plan. These recommendations will be discharged by HMICS on the presentation of strong evidence of change and measurable positive impact.

Further updates

Details on progress against all recommendations under this theme are set out in the tables below:

Theme 5: Equality, Diversity and Inclusion - Progress Overview for the period 1 October 2021 to 31 March 2022

Recommendations

5

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

Lead

Police Scotland & SPA

Current Position

In progress

Current Position

A terms of reference for the Data Owner Group is now drawn up and its initial meeting has taken place. A health check of the Professional Standards Department IT system, Centurion, has been arranged for July 2022, with a view to improving the capture of diversity data. A Data Mapping exercise is also underway to determine data process, storage and requirements in respect of Professional Standards Department data.

Work within SPA has included the addition of equality and diversity monitoring to online complaints forms to enable greater understanding of diversity of complainants.

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

Complete

Current Position

Results of the Your Voice Matters staff survey have been reviewed to identify learning in relation to experiences of minority groups. Organisational learning from the survey will be subject to independent scrutiny as part of SPA Audit 2022/23. Ongoing work is scrutinised and supported by Independent Review Group to bring improvements to service provision and policing culture to the benefit of officers and staff, enhance employee relations and promote Police Scotland as a preferred employer.

Recommendations

16

More diverse panels for disciplinary hearings

Lead

Police Scotland

Current Position

In progress

Current Position

Review of processes in respect of panel availability and selection is underway to ensure diverse panels can be put in place as far as reasonably possible. A programme of training, incorporating unconscious bias, has also been implemented with a view to having all chief superintendents, superintendents and chief inspectors to be trained in chairing and assessing panels. A diversity monitoring form is being produced to record decision making in respect of panel members.

SPA will also 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

Current Position

Discrimination training is being actively progressed in conjunction with IOPC so that there is appropriate support for those staff who have subject to discrimination. Engagement is also continuing with EDI groups.

Recommendations

18

Independent review of equality matters within Police Scotland

Lead

Police Scotland

Current Position

In progress

Current Position

Equality, Diversity, Inclusion & Human Rights (EDI & HR) Independent Reference Group (IRG) established to provide critical oversight, challenge, review and assurance. The IRG has reported to the SPA Board in February and in September 2021, with a final report to the SPA Board anticipated in September 2022. It will provide informed scrutiny of Police Scotland’s EDI activity by offering expertise, guidance, critical oversight, challenge, review and assurance on the 3 key areas of Cultural Change; Strategic Direction and Training and Development.

Recommendations

18 cont

Independent review of equality matters within Police Scotland

Lead

Police Scotland

Current Position

The IRG will engage with members of the EDI & HR SOB and Police Scotland to enhance the identification of risk and provide insight on effective mitigation measures.

Related to this, Police Scotland will develop an improvement plan in response to the recommendations identified in HMICS Inspection Report into Police Scotland's Training and Development - Phase 2 Equality and Diversity

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

Current Position

Work being undertaken to progress Recommendation 5 in relation to collection and publication of diversity data supports progress of this recommendation. In addition, discrimination training is also being actively progressed, linking to Recommendation 17 and to the work of EDI groups to ensure data capture is relevant across the organisation.

Recommendations

50

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

Lead

Police Scotland

Current Position

Complete

Current Position

This also links to Recommendation 48 which seeks improvements to information on how to complain, with the introduction of a QR code and informative literature in leaflets, online and posters in buildings where the public have access, have enhanced accessibility to those who wish to compliment, comment or complain which has been extended to third party reporting centres.

Police Scotland and the Scottish Government, along with relevant partners, are seeking to examine third party reporting provisions during their development of a national hate crime strategy and associated campaign.

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

Current Position

The data mapping exercise being led by the Data Owner Group to determine data process, storage and requirements, should also enhance the organisation’s understanding of complaints across communities and allow analysis and proactive approach in the overall Preventions and Professionalism Programme. This also links to recommendation 5.

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

Current Position

Unconscious Bias training is now part of the organisation’s online training module. Following consultation with staff associations, feedback has now been received regarding Operational Safety Training incorporating Unconscious Bias. Further consultation with Leadership, Training and Development is progressing seeking endorsement for inclusion of this into the Operational Safety Training programme. This also links to recommendation 16.

The following is a list of recommendations within this theme which have already been signed off by the Ministerial Group as completed in 2021:

Signed off by Ministerial Group as completed and reported in the 16 December 2021 Thematic Progress Report

Recommendations

44

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

Lead

PIRC

Signed off by Ministerial Group as completed and reported in the 24 June 2021 Thematic Progress Report

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