National recommendations relating to 'Wayne Couzens failures' - National Police Chiefs' Council and College of Policing, August 2023

The IOPC recommends that the National Police Chiefs’ Council (NPCC) considers the development and implementation of a Continuous Integrity Screening capability which will notify the appropriate Professional Standard Department’s (PSD) of when a police officer or police staff member is linked to an ongoing police investigation. This would allow the appropriate PSD to monitor the officer under investigation and implement any safeguards deemed necessary and potentially identify any patterns of behaviour.  

This follows an IOPC investigation where an Emergency Response Team (ERT) officer attended a fast-food restaurant drive-through to conduct initial inquiries into a report of indecent exposure. The officer conducted a system check which confirmed the name of the registered owner of the vehicle. The officer did not take any further action in relation to identifying the suspect or progressing the investigation for the next three days, at which point the investigation was taken over by a different team. 

During the IOPC investigation it became apparent that when the ERT officer confirmed the registered owner of the vehicle, the individual’s role as a serving Metropolitan Police Service (MPS) officer was not highlighted on MPS intelligence systems nor was the relevant PSD automatically notified that the officer was suspected of committing an offence. This meant that Directorate of Professional Standards (the Professional Standards Department for the MPS) was unable to take any follow up actions, including restricting the officers’ duties or confiscating their warrant card. The only way that officers would have known the individual was a serving police officer would have been if they had spoken to the individual and they had disclosed their role as a serving officer. Even then there was no guarantee that the information would have been provided to DPS. 

Due to the increased level of responsibility afforded to police officers, it is a cause for concern that there is no system in place which allows PSDs for regional police forces to be made aware of when a serving police officer is suspected of committing an offence. On account of PSDs being the body responsible for maintaining professional standards within local police forces, the IOPC believes that the local force PSDs would be the department best placed to monitor such a system. 

The IOPC is aware that the National Police Chiefs Council is already taking steps to look into how relevant intelligence can be shared with PSDs, so that appropriate action can be taken to address any concerns identified, and we hope that our recommendation will add further weight to the work already in progress.
 

Recommendation accepted:

The NPCC Prevention Coordination Committee (Chaired by CC Kennedy) accept this recommendation as approved at the Continuous Integrity Screening Delivery Group on 4.09.2023.

The above delivery group will continue to explore the policing requirements for a continuous integrity screening capability and are working closely with the Home Office to progress this work.

The IOPC recommends that the College of Policing reflects on the learning coming from this investigation, and in consultation with relevant practitioners and experts, considers whether any changes to existing Authorised Professional Practice, other guidance, or training, are needed to help support officers conducting investigations into allegations of indecent exposure.

This follows an IOPC investigation where an Emergency Response Team (ERT) officer attended a fast-food restaurant drive-through to conduct initial inquiries into a report of indecent exposure. The officer conducted a system check which confirmed the name of the registered owner of the vehicle. The officer did not take any further action in relation to identifying the suspect or progressing the investigation for the next three days, at which point the investigation was taken over by a different team.

Police forces across the England and Wales usually classify indecent exposure as a lesser form of sexual offending, meaning that the investigation into indecent exposure allegations is normally managed by local policing teams. As such, police officers are expected to employ the standard investigative principles when investigating indecent exposure allegations. However, there is no specific national guidance on investigation allegations of indecent exposure, considering victim and witness care or specific evidential considerations.

Whilst indecent exposure is generally viewed as a lesser form of sexual offending, this should not detract from the traumatic impact that indecent exposure can cause to victims and witnesses alike. Furthermore, it should be recognised that a minority of cases can be precursors to an escalatory pattern of sexual offending. Therefore, it is important that police officers are given the correct guidance for handling indecent exposure investigations which recognise the specialised considerations of such an investigation in comparison to the other low level criminal investigations that local police forces may be expected to handle on a day-to-day basis.

The IOPC is aware that the College of Policing is currently developing Violence Against Women and Girls (VAWG) investigation guidance which will focus on understanding the risks associated with VAWG offences when they are committed and how this should impact the police response in these individual instances. The IOPC believes that the key principles underpinning this guidance are applicable for officers conducting investigations into allegations of indecent exposure and would act as an important resource for officers to draw on. Consequently, the IOPC invites the College of Policing to consider signposting officers to this VAWG guidance when they are seeking advice on how to conduct effective indecent exposure investigations.
 

Recommendation accepted:

The College of Policing is developing guidance for forces on investigating violence against women and girls (VAWG) offences.  The guidance needs to address the full range of offences from public order offences of harassment to the most serious offences, such as rape. In addition, the guidance must be applicable to the operating models of all 43 police forces of England and Wales, from the smallest to the largest and from the rural settings to urban conurbations.  In addition to this ongoing work the college has created a VAWG toolkit which provides an exhaustive list of sexual offences and protective orders which could be used to manage behaviour and curb re-offending. From street harassment to honour based abuse – officers can go to the College website for guidance on the legislation, preventative measures and see what other forces are doing successfully. 

The College will imminently be publishing Authorised Professional Practice (APP) and operational guidelines relating to investigations.  The new APP and guidelines set out the duties of investigators and the requirement to follow all reasonable lines of enquiry, irrespective of the perceived seriousness of the offence.  Golden hour principles, along with duties of investigators, control room, officers at scene and supervisors are clearly set out.  The guidelines set out the responsibilities of Chief Officers in respect of training and accreditation of officers and staff.

There is a risk that some sexual offences are viewed as minor or may be committed by people who pose no threat.  In reality, these offences may cause considerable upset and disturbance to their victims, may be part of a series of offences making locations and/or individuals less safe and/or may be committed by individuals in positions of power or trust.

The new VAWG guidance is expected to be published in 2024 and will include a section on assessing apparently low level or low risk offending so that decisions about investigative priority can be properly informed. 

The guidance will be referred to in other, relevant, College guidance.

The IOPC recommends that the College of Policing explores opportunities to develop an accessible resource in the form of a readable guidance document to support police officers gathering evidence as part of volume or low-level crime investigations. The guidance should be based on the golden hour principles of investigation, which provide broad guidance for obtaining evidential material with a view to ensure the quality of volume and low-level crime investigations. 

This follows an IOPC investigation into an incident in 2015 where a member of the public reported an incident of indecent exposure to Kent Police. The informant provided details about the indecent exposure including the location of the incident as well as providing physical descriptions of the suspect and the suspect’s vehicle. Nine days after the offence was reported to Kent Police, the officer in charge filed the investigation for closure after the informant’s reliability was questioned and they declined any further involvement.

The IOPC recognises that not every police force across England and Wales will have policies in place which allow their police constables to conduct volume and low-level crime investigations. However, the IOPC suggest that forces consider the possible benefits of accessible guidance for their police officers to provide a reminder around suggested investigative enquiries and evidential opportunities. 

The current College of Policing Authorised Professional Practice (APP) for managing investigations provides detailed descriptions of the various investigative actions an officer may be expected to take and numerous investigative strategies that can be employed. The content provided by the College of Policing APP for managing investigations is an extremely useful source of information for police officers across the country, however the guidance contains a high volume of information for officers to consult on a day-to-day basis, particularly when gathering evidential material. As such, a more readable resource with accessible information for an officer to have on their person could provide an appropriate point of reference and reminder for police officers to ensure any evidential enquiries are not missed during the course of a volume or low-level crime investigation. 

The IOPC is aware that since 2015 there have been considerable changes to the training provided to police officers, with the Policing Education Qualifications Framework (PEQF) and Professionalising Investigations Programme (PIP) having since been introduced. The PEQF is a training curriculum aimed at individuals wanting to join the police and provides apprenticeships and degree courses to help prepare individuals for a career in policing. PIP on the other hand, is an investigative skills development programme for individuals who join the police which aims to provide officers with the specific skills necessary for conducting professional investigations. 

Consequently, the purpose of the guidance document being suggested in this recommendation is not to be a tick list for officers which replaces their ability to make individual investigative decisions regarding evidence gathering. The IOPC is instead recommending that the College of Policing develop easily accessible guidance for officers focused on the golden hour principles, which would assist officers in gathering high quality evidential material to ensure that all volume and low-level crime investigations are completed to a high standard.

Recommendation accepted:

The College has recently published revised investigation APP and guidelines for investigators. There is a strong emphasis on all involved in the investigation process to adopt the golden hour principles and that the investigator MUST follow all reasonable lines of enquiry. Similarly, the College is working on guidance for officers on VAWG offences which will be launched next year, building on the VAWG toolkit which is already in use. The new VAWG guidance aims at help forces adopt a robust assessment process in order that VAWG offences receive a good standard of investigation with the victim placed at the centre. Current Investigation APP includes a section on the ‘golden hour’, fast-track actions and following reasonable and relevant lines of enquiry. The College is happy to reproduce standalone content on the golden hour considerations which can be accessed separately to the comprehensive Investigation APP.