Written evidence submitted by the Metropolitan Black Police Association (MetBPA) (MPR0032)
1. Introduction
1.1 The MetBPA is grateful to the Committee for the opportunity to be able to present its submission prior to the oral hearing on twentieth anniversary of the Macpherson Report- Twenty Years On. This submission outlines the main concerns of the MetBPA on the issues helpfully outlined in the Terms of reference.
1.2 The MetBPA was formed in 1994. Its members subsequently established the National BPA in 1998. Our membership includes officers and staff of varying ranks and bands. There are currently 7543 officers and staff who define themselves, as African Caribbean and Asian (ACA) heritage (not all of whom are members). The MetBPA was formed to promote good race relations and equality of opportunity within the MPS and the communities of London.
2. Executive Summary
2.1 In its 2009 Inquiry (427)[1], the Committee, rightly acknowledged progress made since the Macpherson Inquiry[2]. It highlighted that the target to employ 7% of BAME police officers nationally by 2009 would not be met; concerns around Black disproportionality in stop and search; promotion and discipline of ACA heritage officers and called for the police service to focus on tackling discrimination within the workforce.
2.2 The current climate within the police service is reflective of a wider approach, which has restructured the narrative on race into an acceptable form via the introduction of ‘unconscious bias’, and the removal of ‘diversity’. Despite this new approach, the lived experience of people of colour is still an experience of racism and discrimination (OHCHR, 2018)[3]
2.3 The stereotyping of Young Black men, Muslims and poorly thought out policy decisions have normalized ‘hate’. This is devastating lives and life chances. Whilst there have been steps in recent years to improve the MPS focus on dealing with discrimination. A number of high profile cases have undermined progress. Sadly, the MPS has never accepted that the infrastructure of the MPS was, and remains institutionally racist.
2.4 Over the last 10 years there has been an increase in the proportion of ACA heritage officers in the MPS to 14%[4], however there has also been a decline in police staff numbers. The majority of police officers and staff sit in low ranks/bands[5].
2.5 ACA heritage officers in the Metropolitan Police Service are twice as likely as White officers to be subject to misconduct allegations at an average rate of 4.96 per 100 for ACA heritage officers, versus a rate of 2.46 for white officers over a five-year period (2010-2015)[6] A number of our members have had two or more employment tribunal cases.
2.6 Whilst welcoming the EHRC Section 20 Investigation into the MPS 2016[7] and the positive way in which the MPS cooperated with EHRC, we are concerned that no one has been held accountable for the failings in the Carol Howard case.
2.7 We are concerned that the Amnesty International (2018)[8], Mayors Office for Policing and Crime (MOPAC)[9] and Office of the Information Commissioner 2018[10] reports into the Metropolitan Police Gang Matrix have laid bare long established perceptions about the Gangs Matrix; that it ‘unfairly profiled and stigmatized black youth, further entrenching distrust in the police and isolating at-risk individuals”[11] (Amnesty International, 2018:3).
2.8 London has accounted for just under half of all stop and searches undertaken in England and Wales (46%), despite having only 14% of the population. The disproportionate use of the power on ACA heritage communities continues to threaten trust and confidence in the Police (HMICFRS, 2017:19).
2.9 These cumulative realities place the MPS at odds with its Inclusion and Diversity Strategy[12].
2.10 In the 20th Anniversary of the Macpherson Inquiry and in the 25th year of the establishment of the MetBPA we assert that Institutional Racism still exists within British Policing.
3. The Extent to which the 43 Police forces in England and Wales have made sufficient progress in the last twenty years towards ensuring that the ethnic diversity of their officers, PCSOs and staff reflects the diversity of the communities that they serve; Progress in ensuring that Black, Asian and other Minority Ethnic (‘BAME’) officers and staff are promoted at the same rate as their white counterparts, and that the senior leadership of policing (chief officers and police and crime commissioners) includes a representative number of BAME officers and officials.
3.1 There has only been a slight increase in the numbers of ACA heritage police officers nationally, with greatest improvement being in the MPS[13].
● There are currently 4265 ACA heritage police officers in the Met. This is an increase from 2864 in 2009.
● Nationally there has been an increase from 2% in 1999 to 6.6% in 2018, however officers of colour are disproportionately concentrated at the lower ranks.
● In the MPS there is currently 1 male officer of the rank of Commander or above.
● 3,739 ACA heritage officers are at Constable rank.
● ACA heritage officers are under-represented in specialist areas of policing such as firearms, dog handlers, CID and Specialist Operations.
3.2 There is serious concern that women of colour are becoming extinct within policing. ACA heritage female officers have sadly not progressed at the same rate of their white counterparts. Most recent data highlights that there are 1,836 of which 1,026 are in the MPS. However a third of all forces have no ACA heritage female officers. Within the MPS there are no women of colour above the rank of Superintendent. The preoccupation with BAME and gender within policing has resulted in an oversight of intersectionality which has had an adverse impact on female ACA heritage officers within the MPS and nationally. We are confident that if the statistics highlighted ‘a third of all forces have no female officers’, there would be a public outcry and the issue would be swiftly and robustly addressed by Policing and Government Leaders.
3.3 The ‘resistance’ to race equality is exemplified in racial disproportionality in discipline and complaints. This stagnates the progression of ACA heritage officers as time limitations placed on disciplinary sanctions impact on promotion opportunities. High profile Employment Tribunal awards have begun with a ACA heritage members of staff whistleblowing about race discrimination, resulting in their expulsion and subjection to disciplinary action (Kevin Maxwell and Ricky Haruna). Despite the introduction of a Code of Ethics[14], we are conscious that there has been little appetite to enforce ethical standards in cases of this nature.
3.4 We are concerned that lessons are seldom learned and action rarely taken against perpetrators. Instead a perceived culture of protecting the perpetrators and victimising the victim seems to be prevalent. This is in the light of the EHRC Section 20 Investigation into the MPS 2016[15]; and also in light of the fact that ‘none of the officers who broke the law in the Carol Howard case have been disciplined almost three years on, even with IPCC involvement’ (Davies, 2018:27).[16] We note that out of court settlements in race discrimination cases result in the development of cavalier attitudes, which undermine race relations as liability is not admitted and lessons are not learnt. We are still witnessing a pattern, albeit not widespread, of perceived vindictive and malicious prosecutions of police officers who bring forward cases of race discrimination, we highlight the cases of Carol Howard[17] (MPS) and Gurpal Virdee (MPS)[18].
3.5 Identifying, understanding and addressing racial disproportionality in discipline and complaints for ACA heritage officers and staff, particularly women is key to tackling their stubborn lack of progression. We highlight research by the Mayors Office for Policing and Crime (MOPAC) which reviewed disproportionality in misconduct cases in the Metropolitan Police Service[19]
● ACA heritage officers in the MPS are twice as likely as White officers to be subject to misconduct allegations. Over the five-year period from 2010 to 2015 there was an average rate of 4.96 per 100 for BAME officers, versus a rate of 2.46 for white officers.
● Allegations against ACA heritage officers and staff are more likely to be substantiated, whilst allegations against White officers are more likely to be unsubstantiated (48% v 39%). This figure is statistically significant (Wunsch et al 2016:3).
Fig 1
Rate per 100 MPS officers of receiving an allegation of misconduct or gross misconduct (Ibid)
Fig 2.
Outcomes of police officer misconduct allegations in the MPS (Ibid)
3.6 Whilst we support the HMICFRS recommendation from its 2015 PEEL Legitimacy Report[20] that,
“Within six months all Chief Constables should conduct a review of their complaints and misconduct arrangements, analysing data from their records to: assess whether or not there is any bias in the way decisions regarding the management of complaints are made; and, if there is evidence of bias, to tae action to remove it. The reviews and action taken should be fully documented and made available to the police and crime commissioners of each force and to HMIC. Within 12 months, the College of Policing and National Police Chief’s Council should agree national standards for recording and publishing complaints and misconduct data for officers and staff”. (HMICFRS 2016:32).
3.7 We are concerned that the recommendations have not been actioned by the National Police Chiefs Council (NPCC) or the College of Policing (CoP).
3.8 We highlight to the Committee, concerns that the outcome of complaints of racism, do not reflect the nature of the complaint made. There have been a number of cases where outcomes have been placed at the lower end of the misconduct scale whilst in the case of grievances there has been no case to answer. We believe that the collation of this data is vital to understanding the culture of policing, which we assert refuses to accept that racism exists even in the most obvious of cases. Greater oversight would contribute to greater confidence and fairer outcomes.
3.9 We are conscious that the Previous Commissioner of the Metropolitan Police, Sir Bernard Hogan Howe, supported a statutory change to allow for positive discrimination, which would enable him to introduce 50:50 recruitment for the introduction of Positive discrimination (HC27:13[21]). We are interested in the apparent adoption of positive discrimination in regard to the Police Federation England and Wales as evidenced in its 2018 Rules pertaining to Federation Branch Council Elections (PFEW, 2018:41-44)[22]. We therefore respectfully urge the Committee to explore what can be done.
3.10 The MetBPA would like to adopt the approach of the Police Federation by way of enabling it to develop and deliver a time limited pilot project (to be externally and independently evaluated) to assess the viability of putting the NBPA on a statutory footing. We believe this would do much to tackle racial disproportionality and promote trust and confidence in the policing.
4. The extent to which the police service has become a diverse and inclusive culture, free from the institutional racism identified by Sir William Macpherson in 1999, including the impact of training courses and other initiatives.
4.1 In January 2019 the MetBPA surveyed 37 of our members to ask whether they felt that institutional racism was present within the MPS, 36 members felt that it was. We have presented at Annex 1 the written comments of our members to the question posed.
4.2 In August 2018 the MetBPA developed a paper, which explored the way the MPS could better utilise its diverse workforce to factor in cultural heritage and language skills into the posting process. We identified 10 boroughs with the highest populations of Black people (Black Caribbean, Black African, Black British, Black Other & Black Mixed) and compared it to current HR data (June 2018) for uniformed Black officers of Sergeant and Inspector ranks within those boroughs. There were 2 Black Inspectors and 6.68 Black uniformed sergeants visible to over half a million Black people across these 10 boroughs. Across TP there were 12 Black uniformed Inspectors and 52.51 uniformed Sergeants. With few numbers across the 10 boroughs, their visibility within communities is not high. A similar situation exists amongst Asian communities. These ranks are the most operationally influential and instantly recognizable to members of the public as authoritative ranks and most importantly are visible and powerful indicators of BAME progression within community settings.
4.3 We do not suggest that an officer of a particular background should police a particular community. This would be deeply offensive and counter intuitive. Neither are we suggesting that officers are posted to places against their wishes because of their heritage, as this would be illegal and highly damaging. What we are suggesting, is that a balance is struck, between the wishes of officers and the stated aim of having a police service which looks and feels like London. Which also realises, the benefits of a more considered placement which ‘diversity’ can bring to communities we serve and the organization we are part of.
5. The quality of the support and leadership provided by the Home Office and other national bodies in achieving progress against Sir William’s recommendations.
5.1 We acknowledge the few senior leaders who accept the existence of institutional racism and who push the race agenda with us. However, ‘race’ is still marginalised and the adoption of the concept of ‘unconscious bias’ is a tool to mask blatant racism. Furthermore, in a climate where immigration and radicalisation dominate the media in a negative manner, much more is needed.
5.2 We urge the committee to explore the reality of the impact of Recommendation 57 of the Macpherson Report, which the Government accepted in principle ‘that racist words or acts proved to have been spoken or done by police officers should lead to disciplinary proceedings […] should usually merit dismissal’ (Home Office, 1999:28)[23]. We are conscious that for many of our members and communities we serve, this recommendation, which attempts to root out racism in policing, has failed to be implemented consistently or effectively. We also urge the Committee to have on its radar, the extent to which Section 26 of the Criminal Justice and Courts Act (2015) is being applied / enforced when it comes to perceptions of malicious prosecutions of ACA heritage police officers and staff who bring forward cases of race discrimination.
6. The quality of the service provided by police forces to BAME individuals and communities.
6.1 The findings of the HMICFRS 2018[24] inspection of police custody suites in the MPS confirm the perceptions of the quality of service afforded to ACA heritage communities, humiliating, disrespectful and insensitive. Undermining, police legitimacy, trust and confidence. The Inspection found, ‘our main concerns related to the length of time some detainees remained in ‘spit and bite’ guards (spit hoods), poor techniques, and the proportionality of some of the force used for the risks posed’ (HMICFRS, 2019:10). This was in addition to findings of, high number of strip searches, including children, with a high proportion being ACA heritage detainees. We note with concern the finding that, ‘overall not all strip searches were warranted or properly justified’ (ibid). In addition, ‘children and vulnerable adults were not always receiving early support from Appropriate Adults’ (ibid). We also highlight to the panel the finding that the needs of females detainees were not adequately or consistently met, in particular in relation to ‘stocks of sanitary items were not sufficient across all the suites, with some suites holding only one type of product and limited sizes. These items were not always offered, even though this was covered in a specific question during each detainee’s risk assessment’ (HMICFRS, 2019:22).
6.2 Through our community engagement activity we have recognised that more needs to be done to improve services and interaction with people of colour and our communities. On the 11th December 2018 we led a community discussion in Lambeth on Stop and Search. Participants raised with us, concerns regarding the lack of appropriate adults for children during police contact and training for police officers – particularly to raise the awareness of the impact of unconscious bias on community relations. These issues are important, given the recent Section 20 EHRC report, which highlighted that the DPS does not always correctly identify cases of discrimination, especially where it is less overt (EHRC 2016:9).
7. The current state of police relations with BAME individuals and communities, including the impact of police tactics used disproportionately on BAME people, such as stop and search.
7.1 The trends on stop and search in relation to ethnicity are influenced by stop and search undertaken in London, due to the demographics of London where over half of the Black population in England and Wales are from London. In 2016/17 London accounted for just under half of all stop and searches undertaken in England and Wales (46%). This is despite having only 14% of the population. The disproportionate use of stop and search on ACA heritage communities continues to threaten the trust and confidence in the Police (HMICFRS 2017:19)9. It is vital that this tool is used appropriately so that it is effective and inspires confidence in the communities we serve.
Fig 3
Stops and Searches per 1,000 members of the population London and the rest of England and Wales, 2016/17
Source: Ministry of Justice (2017:28)
7.2 We echo concerns made by HMIC[25] in 2015 regarding Traffic Stops (under section 163 of the Road Traffic Act 1988)[26], the lack of guidance on how to use the Road Traffic Act fairly and effectively and lack of consistency in the collation of data (HMIC 2015:7). Despite recommendations from HMIC (2015:9) progress has been slow.
7.3 Concerns about the use of force on ACA heritage communities, people with mental health issues, children and young people held in custody (IPCC 2016:231) are more pressing given that social media is able to capture ‘incidents’ in real time. Furthermore, the push for spit hoods without a consistent UK policing policy must be reviewed.
7.4 We highlight the Amnesty International (2018), Mayors Office for Policing and Crime (MOPAC) and Office of the Information Commissioner 2018 reports into the Metropolitan Police Gang Matrix has exposed perceptions about the Gangs Matrix. Specifically that it ‘unfairly profiled and stigmatized black youth, further entrenching distrust in the police and isolating at-risk individuals [..] the gangs matrix is an excessive interference with the right to privacy that affects the rights of black boys and young men disproportionately. The weak data governance and lack of safeguards that characterize the database show that it was designed and put to use without sufficient regard for the rights of those listed on it”[27] (Amnesty International, 2018:3).
7.5 The MetBPA was established to broker trust and confidence with communities, we note the MOPAC report on the Gangs Matrix specifically, ‘lack of transparency on the part of the Metropolitan Police Service (MPS) in communicating the aims and purpose of the Matrix – not only to the public but also to practitioners” makes our role more challenging.
8. Conclusion
8.1 The pursuit of diversity within policing is personality driven and as such the approach to it, inconsistent. Whilst new leaders bring new ideas there is a failure to retain corporate memory, resulting in lessons not being learnt. What is needed is for change to be embedded not just implemented. This would ensure that regardless of ‘who sits at the top’, consistency would underpin long-term change. The time has come for the Government to bring forward change by exploring the approach of the Police Federation (PFEW Rules, 2018:40-42)[28] and also support the piloting of the NBPA’s ambition to be placed on a statutory footing to be piloted in the MPS.