Informed decision-making, community engagement and participation workstream report

2. Executive summary

2.1 The informed decision-making, community engagement and participation work stream explored the role of public consultation and engagement, a range of literature and best practice, and the learning from experience within Scottish policing and elsewhere to create a wide ranging evidence base.

2.2 The evidence base and expertise of the work stream group supported the consideration of a range of key areas to develop recommendations for the IAG to consider that embed best practice. The work stream membership workshop sessions led to the design and development of a framework for consultation and engagement that sets out proposed principles and practice for clear, meaningful, accessible and appropriate approaches to engage on emerging technologies in policing.

2.3 At the heart of the framework is enabling genuine public dialogue and participation for influencing change in policing. Policing in Scotland is built on foundations of legitimacy and consent. It is critical that the bond of trust between the police and the public is at the forefront of consideration and that the introduction of new technology maintains and builds public trust and confidence in policing.

2.4 Policing is complex and additional consideration is appropriate to ensure the concept of policing legitimacy is factored in at all times. Policing by consent is recognised as crucial in a democratic society because the Police have powers to act in ways that could be considered illegal if enacted by any other members of the public, for example, using force or depriving people of their liberty. Engagement is one area that supports policing to build trust and confidence but this must be considered alongside other key areas such as an effective legal system that ensures more broadly that policing is called to account for actions.

2.5 Understanding the needs of Scotland's communities remains a top priority for policing in Scotland, and this can only be achieved through effective community engagement. Police Scotland has welcomed the opportunity to contribute to the development of the refreshed Community Engagement Standards for Scotland. These Engagement Standards embrace this concept and will enable the service to deliver an appropriate and legitimate police service for the people of Scotland.

2.6 Fundamental principles and opportunities drawn from the evidence review formed the basis of the framework, for enabling meaningful engagement and participation in the introduction of emerging technology in policing. These include:

2.6.1 A bespoke design for each initiative underpinned by clear purpose and principles, using a combination of tools and expertise in an evolving cycle of activity.

2.6.2 Different engagement approaches for different needs – both needs of the decision-makers / decisions to be made and those the decision will affect.

2.6.3 Designing good quality engagement takes time, and can only be achieved if all parties are willing to listen to each other and act together. Consideration of the levels of engagement and participation, and what might be appropriate for different types of inquiry: this includes a full range of consultation and deliberative approaches.

2.6.4 The application of shared values in engagement and participation, and doing things with stakeholders rather than to/for, and understanding the impacts.

2.7 The recommendations set out by the work stream for the IAG to consider are focused on ensuring best practice consultation and engagement with the public and communities on new and emerging technology. Our recommendations are as follows:

2.7.1 Ensure engagement and consultation considerations align effectively with both legal and governance frameworks, and consideration of ethics via an appropriate organisational model.

2.7.2 Being clear on the purpose of the engagement process – what are people going to influence, why and how – key at the start and will support strong considerations of wider frameworks of governance.

2.7.3 Engage at an early stage in the governance process to understand views and the sub-groups where a greater understanding of concerns is needed. Using focus groups and other methods can give an early overview of key areas for consideration. This is critical for complex or less understood technology such as AI and predictive analytics.

2.7.4 Set out an evidence base as part of the engagement that captures a range of views on the technology concerned. If possible, work with an external or stakeholder advisory group to shape the evidence so there is an element of independent review.

2.7.5 Include an element of formal consultation in the approach to ensure that the views of the public and communities are both appropriately considered and embedded in the roll out of all new and emerging technology. A formal consultation process has the safeguard of judicial review processes where the public and communities are able to challenge.

2.7.6 Set out to have an ongoing dialogue with the public utilising participatory approaches where appropriate, as the technology is considered and after implementation. This will enable concerns to be considered and addressed at all stages of the governance process. Good practice indicates a range of approaches that policing should consider adopting to ensure the voices of the public and communities are at the heart of any changes to operational policing as a result of new and emerging technology.

2.7.7 Use a clear and transparent engagement framework underpinned by engagement principles and quality assurance to ensure the process is clear and well-articulated. This will guide the design of engagement which can be tailored, in terms of levels of participation and methods, to meet the individual considerations of the technology and potential impacts. Ensure all processes are inclusive and accessible for everyone.

2.7.8 Enable the colleague voice to be heard as a key element of shaping proposals. Evidence shows that the colleagues experience directly impacts public experience and police legitimacy. For effective service delivery, an open two-way dialogue that is safe and inclusive, and facilitates a reciprocal exchange of ideas and feedback should identify any problems or conflicts, and solutions to improve the quality of police-citizen interactions, as technology is introduced with the right training, communications and Code of Practice.

2.7.9 Ensure engagement insights are considered and scrutinised by governance bodies to provide a clear narrative on the views of the public and communities. This must include areas of concern and how these are being addressed.

2.7.10 Make a public, open and transparent commitment to how the insights from the engagement process will be used to shape the consideration and implementation of new technology. Report back with details which are shared publicly and scrutinised. As part of this, include details of the manner in which the use of new and emerging technology will be monitored post implementation and provide clear routes for the public to raise concerns. Open and transparent reporting of concerns and how they have been addressed should be visible for scrutiny bodies.