Written submission from National Crime Agency, National Police Chiefs’ Council and
the Metropolitan Police (PFF0021)
Thank you for your letter of 15 June requesting further information following our evidence session on 5 June 2018. You have put the same two matters to each of us separately, but as agreed, this is a joint response.
1. Issues surrounding the recruitment and retention of chief officers, including relationships between PCCs and chief officers;
The recruitment and retention of chief officers is of growing concern. More than half of chiefs appointed in 2015 were the only candidate for the job with a national average of just 2.21 applicants for each position, and 28 (64%) current chief constables (does not include the Metropolitan Police Service - MPS) were deputies in their force. Recent analysis shows that since 1980 there has been a steady decrease in the length of chief constable tenure, culminating in an average period in the rank of 3.8 years in 2018. In 1988 the average tenure was 6 years.
We have recently interviewed retired chief constables, serving PCCs, HMIC and Home Office officials and surveyed serving assistant chiefs and deputy chiefs to try to understand why this might be happening. The pressure and scrutiny from the IOPC, HMICFRS and PCCs were cited by retired officers and were highlighted as greater disincentives for those considering applying for the top jobs within policing. While relationships between PCCs and chief officers vary enormously across the country there is a general concern that the policing protocol does not set out the responsibilities as clearly as it might which can cause difficulty. For example, there are genuine differences of opinion as to whether one corporation sole should complete a performance appraisal for another corporation sole. Officers who have not reached pensionable service are concerned about their vulnerability to dismissal using s.38 (Police Reform and Social Responsibility Act 2011) and many are concerned about the isolation of the office.
The survey of assistant chiefs and deputy chiefs found the most significant considerations influencing the decision to apply for a chief constable post were the perceived reputation and challenges associated with the PCC, the distance from home and whether an internal applicant is applying for the role. Personal and financial considerations were also cited by many. The complexity of pension and taxation rules causes confusion and for some there is little financial incentive for promotion. Only a third of those considering a chief constable role will consider relocating their family, and a quarter would consider working away from home.
The current shortage of applicants for the top jobs in policing bears testimony to the fact that those closest to them recognise the demands, pressures and vulnerabilities of the position. We are considering a number of proposals that might improve the situation. These include support for the College of Policing’s new leadership hub to assist with the appointment of chief officers, recommending that former police officers should not be allowed to stand as PCCs and an increased role for Police and Crime Panels in dismissals using s.38.
The National Crime Agency (NCA) is in a different position to police forces as its senior appointments are based on Civil Service terms and conditions. However, as it draws on much of the same labour market as the police, given the differences in terms of salary, leave and the wider benefit package, the NCA has at times had to fill posts on secondment from policing. This can limit the field of applicants for senior operational roles as some forces do not support secondments, something the NCA is keen to work together with the NPCC on resolving.
2. Resources required to enable police forces and other agencies to address current issues relating to disclosure, and the large scale of digital evidence being generated in many cases.
On 26 January 2018, a joint National Disclosure Improvement Plan was published by the NPCC, the Crown Prosecution Service and the College of Policing, which I attach. You will see from the plan that a variety of issues are identified to be addressed including technology, culture and training. While additional resources in terms of both people and technology expenditure would undoubtedly go some way towards addressing the issues identified, there is currently no data available at a national level to illustrate specific resource requirements.
Technology has had a significant impact in terms of the volume of digital material that is now generated during the course of an investigation, but also in terms of the technological capability of law enforcement to deal with it. Where a complainant and accused are known to one another, the volume of digital material generated that may be relevant to any offence can be extensive - a 64GB smartphone can store the equivalent of 500 boxes of paper. In a recent example from the MPS, a simple case involving two mobile phones resulted in 20,000 items of data (messages, photos, internet history) needing to be examined, which took around 150 officer hours to review and schedule. This is but one example; in 2015 MPS forensic staff examined 40,000 devices, and in 2018 this is likely to be 200,000. The size and complexity of NCA cases can be even more substantial, sometimes involving hundreds of terabytes of data and therefore millions of digital items, compounding the resource implications. This can also have indirect resource implications, requiring the creation of bespoke disclosure strategies by officers who need a significant background or formal training in digital evidence and digital forensic recovery.
The location of digital material can make investigations more complex. Even with a co-operative international partner there can be legal and procedural problems. In a wide-ranging, multijurisdictional bribery and money laundering case, over 100 electronic devices were seized by an overseas law enforcement authority at the request of the NCA. Due to potential Legal Professional Privilege (LPP) and other similar issues, it required the NCA to build a digital forensics laboratory in that country to allow their authorities to process and analyse the material before transmitting to the UK for NCA digital review and analysis.
Police officers have access to some digital tools to help them access and review the vast swathes of digital material now involved in most cases, but improved technology is needed. We are working with government, the CPS and technology partners to look at technology that helps analyse information better and more quickly.
The number of detectives and their capacity to deal with growing demand is undoubtedly part of the issue, and in the short-term some forces are moving additional officers into addressing disclosure problems. In its 2017 Police Effectiveness inspection, Her Majesty's Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS) noted that the service has 17% fewer investigators than it needs, which it described as a ‘national crisis’. The NPCC and College of Policing have agreed a plan to address this serious shortage.
September 2018