1. Introduction
As the Police and Crime Commissioner for Warwickshire, I know that our police officers and staff work incredibly hard to serve our communities. Whilst they endeavour to deliver an outstanding service to all the county’s residents and communities, I know that on occasions this unfortunately does not always happen and sometimes mistakes are made, and public expectations not met.
I am therefore determined to ensure that any errors are quickly rectified, and lessons are swiftly learnt. This will serve to increase public confidence in the conduct of the force’s officers and staff and improve the service that Warwickshire Police provides to meet the needs of the county’s diverse communities.
I hope that the following information and narrative will illuminate the important subject of police complaints, and in doing so provide reassurance as to the guidance processes, scrutiny and assurance that is applied to both the force and my own performance in this critical area of police legitimacy and accountability.
Philip Seccombe
Police and Crime Commissioner for Warwickshire
2. Specified Information Order
The Elected Local Policing Bodies (Specified Information) (Amendment) Order 2021 requires the Police and Crime Commissioner to publish a link on their websites to the Independent Office for Police Conduct (IOPC) annual statistics report and publish the most recent quarterly complaints data for their force. The data and reports are to be published within one month of publication by the IOPC and reviewed quarterly.
At the time of publishing by the Commissioner, a narrative must also be provided setting out how the Commissioner is ‘holding to account’ the Chief Constable for the complaint handling performance of the police force, together with an assessment of the Commissioner’s own performance in carrying out certain statutory complaint handling functions.
This report specifically encompasses both the IOPC annual statistics for 2022/23, together with the IOPC Q4 2023/24 data.
3. Annual complaint statistics
On 5 October 2023, the IOPC published its report ‘Police Complaints statistics for England and Wales report – 2022/2023’. It can be viewed at: –
The Acting IOPC Director General provided the following comments on the report:
“Our annual police complaints statistics broadly reflect public concern with day-to-day policing issues and the level of service that people directly experience, rather than high-profile police misconduct cases that have repeatedly dominated news headlines.
It is notable that by far the most commonly recorded complaint type continues to relate to police service delivery such as a lack of updates or delays in responses, rather than concerns around police misconduct.
While needing to be treated with caution, this year’s figures suggest more complaints are being dealt with more quickly, as the new system intended, with fewer resulting in lengthy investigations. In many lower-level cases, investigations are being replaced with responses that are more proportionate with relevant explanations and apologies. I am pleased the figures indicate that over nine in ten people whose complaint was handled informally had it resolved to their satisfaction or did not wish to pursue it any further.
It is also welcome that police forces have significantly improved how quickly they respond to complainants. I recognise there is more work needed to properly embed new ways of working in all forces to ensure we deliver a complaints system that is accessible for all, more straightforward, and better aligned to the needs of the complainant.
I would encourage police forces, where possible, to focus on learning for individuals and themselves as an outcome. I believe that learning from reflection represent positive actions resulting from complaint cases and can help to prevent issues re-occurring.
I would like to see the numbers of reviews requested reduce in the future and we will continue to work closely with forces and provide further handling guidance to help them get complaints right first time. I am heartened that this year’s figures indicate we are moving in the right direction in establishing a healthy complaints system, where people have confidence to raise concerns in the knowledge they will be taken seriously.”
4. Responsibilities
Complaints made against Warwickshire Police are primarily handled by the force’s Professional Standards Department (PSD), under the delegated responsibility of the Chief Constable. The IOPC has a statutory responsibility for investigating a small number of these complaints in circumstances where the allegations are deemed to be more serious and / or sensitive.
The Police and Crime Commissioner for Warwickshire has a responsibility to ‘hold to account’ the Chief Constable for the strategic performance of Warwickshire Police – including complaint handling. Also, for conducting ‘complaint reviews’ for certain categories of complaints in circumstances where there remains dissatisfaction.
5. Holding to account
The principal mechanism for the Police and Crime Commissioner (PCC) to ‘hold to account’ the Chief Constable for the performance of Warwickshire Police is through the monthly Governance Performance Board (GPB), which is also attended by senior officers from the police force and members of staff from the Office of the Police and Crime Commissioner (OPCC).
In addition to this strategic performance meeting, as part of the OPCC’s assurance arrangements regular meetings are held between the PCC and the Head of PSD to discuss performance issues to ensure that the OPCC and PSD teams work together to ensure that continuous improvement is made to the way in which complaints and complaint reviews are handled. At the meeting Key Performance Indicators (KPIs) are provided for discussion, including metrics on: –
- the number of complaints recorded.
- the timeliness of the response to complainants.
- those complaints requiring a proportionate handling under Schedule 3 of the legislation.
- the proportion of complaints that are subject to ‘service recovery’ outside of Schedule 3 of the Police Reform Act 2002.
- any reoccurring themes identified from complaints and complaint reviews.
To complement these meetings and provide additional scrutiny and assurance, a system of dip-sampling of complaint cases is undertaken by the OPCC in conjunction with an independent member of the Joint Audit and Standards Committee (JASC). To provide further independent scrutiny and assurance a joint report about standards and ethics is submitted by the OPCC and PSD for consideration by the JASC.
6. Complaint handling
Some of the key performance metrics from the IOPC annual statistics report 2022/23 are: –
6.1. Complaints made
In February 2020, significant changes were made to the complaints system including widening the definition of a complaint to “any dissatisfaction with the police service”. As a result, more complaints have been logged than in previous years. The system also allows for more complaints to be handled informally, where appropriate, such as by an apology or explanation. A person can request a review if they are unhappy with the way their complaint was handled.
6.2 Complaint type
The IOPC records a broad range of categories as to the topic of a complaint.
In 2022/232, in Warwickshire the top three complaints topics were: –
- Delivery of Duties and Service at 63%, with an average of 54% for the forces of England and Wales.
- Powers, policies, and procedures at 14%, with an average of 20% for the forces of England and Wales.
- Individual Behaviours at 11%, with an average of 13% for the forces of England and Wales.
6.3. Timeliness
The time taken to finalise a complaint varies according to whether it is dealt with outside of Schedule 3 of the Police Reform Act 2002 as a ‘service recovery’ matter or handled under Schedule 3 of the Act or handled ‘otherwise than by investigation’ (OTBI) under the same legislation.
Contact
In 2022/232, the average time to contact the complainant was 1-day and as such Warwickshire Police was one of the best performing forces in England and Wales with an average response time of 5-days.
Finalisation
The force also finalised ‘service recovery’ complaints in 36-days on average, longer than most forces. Those investigated under Schedule 3 as Otherwise by Investigation were finalised in 87-days on average, and those investigated were finalised in 129-days on average – both shorter than most forces.
7. Complainant satisfaction
Complainant satisfaction is assessed based on the outcome of complaint. For less serious complaints it is measured by PSD’s rate of ‘service recovery’ that operates outside of Schedule 3 Police Reform Act 2002.
Where the complaint cannot be resolved to the complainant’s satisfaction then it is dealt with under Schedule 3 and consequently subject to either a reasonable proportionate investigation or handled Otherwise Than By Investigation (OTBI). The complainant is then afforded a right to review to the ‘relevant review body’, namely either the OPCC (as the Local Policing Body) or the IOPC depending upon the nature of the allegations.
8. Complaint reviews
In February 2020, the ‘Police (Complaints and Misconduct) Regulations 2020’ came into effect. These reforms are aimed at making the police complaints system more responsive, independent and customer focused. The intention is to remove the focus of attributing blame when things occasionally go wrong, to one of learning and service improvement.
8.1 Complaint review
The OPCC for Warwickshire is mandated to conduct complaint reviews as a Relevant Review Body. During the period 2022/23, the OPCC received a total of 32 applications for a complaint review and completed 37 reviews within this same period.
In 2022/23, of the OTBI complaint reviews conducted 58% were ‘upheld’ in that the handling and / or outcome of the complaint by PSD was not considered to be reasonable and proportionate.
Of the investigation complaint reviews 33% were ‘upheld’ in that the handling and / or outcome of the complaint by PSD was not considered to be reasonable and proportionate.
These figures are broadly consistent with the reviews conducted by the IOPC at 44% and 32% respectively.
All recommendations or learning derived from a complaint review are forwarded to Warwickshire Police for consideration and tracked by the OPCC to their conclusion.
8.2 Quality assurance
In January 2022, the OPCC policies and processes in respect of complaint reviews were subject to an internal audit by Warwickshire County Council’s Audit team. A total of nine recommendations were made following the review, all of which were accepted and have now been completed. These include the production of a ‘Complaint Review Frequently Asked Questions’ report that is provided to those complaints seeking a complaint review.
8.3 Organisational learning
A complaint review will consider whether the complaint process was ‘reasonable and proportionate’, with recommendations made to the Warwickshire Police if the review is ‘upheld’. Any recommendations made to the force are monitored by the OPCC, although under the legislation the force does not have to accept the recommendations made.
Where recommendations concern a reoccurring theme or an issue of strategic importance, then the Police and Crime Commissioner is able to raise it with the Head of PSD through existing assurance mechanisms, or with the Chief Constable through formal reporting and ‘holding to account’ arrangements.
8.4. Continuous improvement
Regular meetings are held between representatives of the OPCC and the IOPC Oversight Liaison Officer to discuss performance in respect of complaint handling and complaint reviews. The meeting also provides a useful ‘sounding board’ to discuss and resolve any procedurally complexities in conducting reviews.
A Regional Practitioner’s Forum has been instigated, with a focus on complaint reviews providing an opportunity to identify themes and share good practice within the West Midlands region.
The Association of Police and Crime Commissioner Chief Executives (APACE) has restarted the National Complaints Network. The network discusses complaint reviews, the holding to account responsibility, persistent complainants, and police misconduct tribunals.
Through these meetings, forums, and networks there is a real desire to work together by sharing ideas and better understand the technicalities of the legislation and how best to interpret and implement it.
9. Complaints Statistics – IOPC Data Q4 2023/24
On 20 May 2024, the IOPC published its comprehensive report ‘Police complaints information bulletin Warwickshire Police – Q4 – 23-24’, encompasses data from 1 April 2023 to 31 March 2024: –
In compliance with the Specified Information Order, the information contained within the IOPC bulletin has been reviewed. The following key performance issues have been identified for Warwickshire Police : –
9.1 Contact
- The force achieved excellent timeliness of 1-day for contacting complainants, when compared to the national average of 6-days.
9.2 Complaints
- The force recorded 819 complaints, representing a ratio of 421 cases per 1,000 employees. This figure is higher than the national average of 338 cases per 1,000 employees. The figure for the Same Period Last Year (SPLY) was 704 complaints, representing a 16% increase in the number of complaints.
9.3 Service Recovery
- Of the complaints recorded, 89% were handled as ‘service recovery’ outside of Schedule 3 of the Police Reform Act 2002. The remainder were handled under Schedule 3 as either investigation or OTBI.
- Of the allegations recorded, 83% were handled as ‘service recovery’ issues outside of Schedule 3, significantly higher than the national average of 46%.
- The average time to deal with ‘service recovery’ allegations was 25-days, above the national average of 18-days. The figure for the SPLY was 34-days.
9.4. Otherwise Than By Investigation TBI
- Of the allegations recorded, 6% were handled as OTBI under Schedule 3, significantly below the national average of 45%.
- The average time to deal with the OTBI cases was of 85-days, below the national average of 106-days. The figure for the SPLY was also 85-days.
- It is clear from the data that Warwickshire Police attempt to resolve a higher proportion of complaints as ‘service recovery’ than the national average, where other forces more readily adopt OTBI as their preferred method of handling such complaints.
- This reliance on the process of ‘service recovery’ translates into the higher percentage of ‘dissatisfaction after initial handling’ of 27%, when compared to the national average of 15%. The figure for the SPLY was 18%.
9.5 Local Investigation
- The force managed more allegation as a local investigation under Schedule 3 (10%) than the Most Similar Forces[1] average (7%) and was broadly consistent with the national average (12%).
- The average time to deal with local investigation cases of 85-days was considerably shorter than the MSF average of 120-days and the national average of 106-days.
9.6. Local Investigation (Special Procedures)
- The force managed the same percentages of allegations as a local investigation under special procedures (1%) as the MSF average (1%) and the national average (1%).
- The average time to deal with local investigation cases of 139-days was considerably shorter than the MSF average of 24-days and the national average of 191-days.
9.7 Allegations
Delivery of duties and services
- The main category of allegations was ‘Delivery of duties and services’ (61%), higher than the MSF average (51%) and the national average (53%). The figure for the SPLY was 63%.
- The sub-category of ‘Police action following contact’ accounted for the largest number (47%) of the allegations, consistent with the MSF average (48%) but below the national average (42%). The figure for the SPLY was 43%
- The predominate factor of complaint was ‘Investigation’ representing 42% of all allegations; followed by ‘Roads / traffic’ accounting for 16% of the total.
Individual behaviours
- The second largest category of allegations was ‘Individual behaviours’ (14%), consistent with the MSF average (15%) and the national average (15%).
- The sub-category of ‘Impolite and intolerant actions’ accounted for the largest number (25%) of the allegations, significantly higher than the MSF average (17%) and the national average (14%). The figure for the SPLY 14%.
Police powers, policies
- The third largest category of allegations was ‘Police powers, policies, and procedures’ (11%), below the MSF average (20%) and the national average (21%).
- The sub-category of ‘Use of Force’ accounted for the largest number (35%) of the allegations, higher than the MSF averages (25%), and the national average (26%).
- ‘Detention in police custody’ (1%) was significantly below the MSF average (13%), the national average (14%). The figure for the SPLY was 7%
9.8 Outcomes
- For complaints handled OTBI, the service provided by Warwickshire Police was found to be ‘’not acceptable’ in 7% of cases, lower than the national average of 13%.
- For complaints handled by a local investigation, the service provided by Warwickshire Police was found to be ‘not acceptable’ in 25% of cases, higher than the national average of 12%.
[1] Devon and Cornwall, Wiltshire, Gloucestershire, West Mercia, Suffolk, Cambridgeshire, North Wales
10. Complaint reviews
Where a complaint has been recorded under Schedule 3 to the Police Reform Act 2002, the complainant has a right to apply for a review if they are dissatisfied with the way their complaint was handled, or with its outcome. This applies whether the complaint has been subject to a local investigation or handled OTBI.
The application for a review will be considered by the ‘relevant review body’ – either the OPCC (Local Policing Body) or the IOPC, depending upon the nature of the complaint. From the IOPC data, up to the end of Q4 2023/24: –
- The OPCC received 32 applications for a complaint review, fewer when compared to the SPLY of 42 cases. The IOPC received 6 applications for a review.
- The average time for the OPCC to conclude a complaint review of 27-days was shorter than the MSF average of 35-days and the national average of 50-days.
- The average time for the IOPC to conclude a complaint review for a Warwickshire case was 163-days.
10.1 Review outcomes
- Of the 13 reviews conducted by the OPCC for complaints handled by a local investigation, the handling and / or outcome of the complaint was found to have not been ‘reasonable and proportionate’ in 54% of these cases. This compares to 50% for the reviews conducted by the IOPC.
- Of the 8 reviews conducted by the OPCC for complaints handled by OTBI, the handling and / or outcome of the complaint was found to have not been ‘reasonable and proportionate’ in 25% of these cases. This compares to 100% for the one review conducted by the IOPC.
- In all the reviews where it was found that that the handling and / or outcome of the complaint was found to have not been ‘reasonable and proportionate’, recommendations were made by the OPCC to Warwickshire Police for either investigation, reinvestigation, or remedy.
- Since the beginning of 2022/23, when recommendations arising from the complaint reviews were tracked by the OPCC, recommendations have been made to Warwickshire Police in 36 cases. Of the 72 recommendations arising from these cases, all have been accepted by the force with one exception. Of note, is that under the legislation the police service is not under any obligation to accept recommendations arising from an OPCC complaint review.
11. Assurance
11.1 Professional Standards Department
On 3 April 2024, a meeting was held between the Police and Crime Commissioner and the Head of PSD, together with representatives from their respective offices. The agenda covered PSD’s responsibility for police complaints, anti-corruption, and vetting.
11.2 Joint Audit and Standards Committee
The terms of reference for the JASC requires the committee to be enabled to have oversight and to provide an independent review of the effectiveness of the adherence to appropriate standards and ethics by Warwickshire Police, the Police and Crime Commissioner, and the Chief Constable.
On 26 January 2024, a meeting of the JASC was held at which a paper was submitted by the OPCC and PSD on the subject of ‘Standards and Ethics’, providing an opportunity to the committee to ‘support and challenge’ the PCC on this subject. The next meeting of the JASC is on 10 July 2024, where the same topic is on the agenda for discussion.
11.3 Complaint review dip-sampling
On 12 June 2024, a member of the JASC conducted dip-sampling of a random sample of recent complaint cases and complaint reviews conducted by PSD and the OPCC. The observations arising from this scrutiny and review were positive.
12. Continuous improvement
12.1 Ethics Committee
On 30 May 2024, a meeting of the Ethics Committee was held at which both the OPCC and PSD were represented. The Chair of the committee is Associate Professor Catherine Hale, who has an extensive background in ethics and law, from Warwick University Medical School.
Two topics of dilemma were discussed: –
- Police volunteers. The use of police officers and staff volunteer to lead and participate in workforce staff associations and mentoring, and the time the organisation should permit in doing so.
- Conflict of interest: How a prior association may influence an officer’s decisions and the legitimacy of the resultant action taken / not taken.
12.2 IOPC Workshop
On 27 January 2024, the IOPC convened an online ’Right First Time’ workshop for both OPCCs and PSDs.
13. Comments
In summary, complaint handling performance is comparatively good and the processes for learning, for both individuals and Warwickshire Police, are well established. Opportunities for personal development have been provided, and service improvement arrangements for complaint handling has been implemented by Warwickshire Police. There is therefore considerable activity, oversight, and control in respect of police complaints to provide an acceptable level of scrutiny and assurance.
