Recommendations - Devon and Cornwall Police, December 2020
On 30 May 2020 a police sergeant shared an inappropriate meme to members of a WhatsApp group consisting of colleagues in Torquay custody and two members of the public. On 2 June a police sergeant who was a member of the group raised concerns to the officer who posted it, their line manager and the forces Professional Standards Department.
IOPC reference
Recommendations
The IOPC recommends that Devon and Cornwall Police take steps to ensure all officers and staff within Torquay Custody suite and the wider organisation conform to the expectations of their behaviour under the Code of Ethics, whilst on and off duty, and promote a safe and open culture, which makes clear to officers and staff that they are duty bound to challenge and report behaviour that does not align with this Code.
The Code of Ethics states that police officers (or anyone working for the police service) should behave in a manner which does not discredit the police service or undermine public confidence in it, whether on or off duty. It expects police officers to maintain the highest standards of behaviour and always think about how a member of the public may regard that behaviour. The Code of Ethics also requires officers to use social media responsibly and safely and ensure that nothing published online can reasonably be perceived by the public or policing colleagues to be discriminatory, abusive, oppressive, harassing, bullying, victimising, offensive or otherwise incompatible with policing principles
Do you accept the recommendation?
Yes
Accepted action:
We accept the recommendation and will take such steps across the whole of custody as well as ensuring the appropriate focus on Torquay.
- A Custody Code of Ethics Single Point Of Contact (SPOC) has been appointed. We will recruit willing volunteers for all 6 custody centres to become local Code of Ethics champions in order to promote localised awareness and learning and also a grassroots culture of positive behaviour and professional challenge.
- The Code of Ethics Force Lead will be asked to deliver Code of Ethics training and it will be mandatory for all custody personnel to receive this.
- Our monthly newsletter will include an ethical dilemma or learning update in every edition with the aim of encouraging self reflective practice.
- On every occasion where an ethical issue is raised by member of custody personnel, this will be discussed as a priority at the next DMT meeting (held weekly) and consideration given to forwarding to the Force Code of Ethics Committee.
- Social Media policies will be cascaded verbally to staff via their Inspectors to ensure full understanding by all.
- A whatsapp questionnaire will be undertaken in custody to seek to establish 1) what groups exist amongst staff and their representation; and 2) their purpose (e.g. legitimate logistical work purposes or social reasons or a mix).
- Bitesize CPD on ethical matters to be designed to promote ongoing learning, awareness and self reflection and delivered at regular intervals to all staff (including via online means whilst social distancing remains in place).
- National Decision Model (NDM) and Code of Ethics to be at the heart of training delivered throughout 2021 and beyond thereby ensuring the Code of Ethics properly sits at the heart of decisions that are made and actions that are taken.
- A Custody Code of Ethics SPOC has been appointed. We will recruit willing volunteers for all 6 custody centres to become local Code of Ethics champions in order to promote localised awareness and learning and also a grassroots culture of positive behaviour and professional challenge.
- The Code of Ethics Force Lead will be asked to deliver Code of Ethics training and it will be mandatory for all custody personnel to receive this.
- Our monthly newsletter will include an ethical dilemma or learning update in every edition with the aim of encouraging self reflective practice.
- On every occasion where an ethical issue is raised by member of custody personnel, this will be discussed as a priority at the next DMT meeting (held weekly) and consideration given to forwarding to the Force Code of Ethics Committee.
- Social Media policies will be cascaded verbally to staff via their Inspectors to ensure full understanding by all.
- A whatsapp questionnaire will be undertaken in custody to seek to establish 1) what groups exist amongst staff and their representation; and 2) their purpose (e.g. legitimate logistical work purposes or social reasons or a mix).
- Bitesize CPD on ethical matters to be designed to promote ongoing learning, awareness and self reflection and delivered at regular intervals to all staff (including via online means whilst social distancing remains in place).
- NDM and Code of Ethics to be at the heart of training delivered throughout 2021 and beyond thereby ensuring the Code of Ethics properly sits at the heart of decisions that are made and actions that are taken.
The IOPC recommends that Devon and Cornwall Police take steps to ensure all officers and staff within Torquay Custody suite and the wider organisation conform to the expectations of their behaviour under section 26 of the Equality Act 2010, whilst on and off duty, and promote a safe and open culture which makes clear to officers and staff that they are duty bound to challenge and report behaviour that does not align with this Act.
Section 26 of the Equality Act 2010 states that person A, harasses another if he engages unwanted conduct related to a protected characteristic, with the effect of creating an intimidating, hostile, degrading or offensive environment for B.
In this investigation:
- several of the officers and staff within the Whatsapp group did not appreciate that the image was racist and offensive and there was no consideration given to how the sharing of an inappropriate image of George Floyd, a Black man who died whilst in police custody in America, could affect Black, Asian and ethnic minority colleagues.
- there is evidence that there were missed opportunities to challenge and report the improper behaviour before action was eventually taken.
- the officer who shared the image confirmed he may have considered whether to share the image if a member of the Whatsapp group was also from a Black, Asian and ethnic minority community.
Do you accept the recommendation?
Yes
Accepted action:
- Deliver cascaded training to all staff around the Equality Act including our professional and personal obligations, both on and off duty.
- An Inspector to work with the Head of Custody to design and deliver mandated custody development activity.
- Head of Custody to link in with Equality and Diversity Unit to roll out self assessment tools that encourage greater understanding and appreciation of personal biases and prejudices.
- Organise conferences for each individual custody centre and for attendance by all staff based there to increase education and awareness of cultural diversity, promote self awareness and personal development, and facilitate open and informative discussion and reflective practice.
- Undertake a cultural audit across custody with a particular aim of exploring and understanding workplace dynamics within custody environments and why professional challenge may sometimes feel difficult.
- Aspire to achieve recruitment into custody (both internal and external) that promotes a diverse workforce and one that is representative of wider society. Link in continuously with the Local Reference Group and our IAs to progress this.
- Monitor outcomes in the workplace for colleagues from diverse backgrounds, especially around access to promotion and flexible working.
- Monitor decisions made and outcomes delivered for individuals across the range of diverse backgrounds who experience the custody system to ensure neither conscious or unconscious discrimination are factors in their treatment, care or decisions made. Seek regular Local Reference Group scrutiny of these decisions.
- Ensure the Local Reference Group and our IAs are consulted when undertaking policy reviews or drafting new policies or working practices.
- PDRs at all levels within custody to be utilised to set, deliver and record relevant objectives with at least one objective relating to Equality and / or the Code of Ethics to be included.
The IOPC recommends that Devon and Cornwall Police take steps to ensure all officers and staff within Torquay Custody suite and the wider organisation are complying with the Association of Police Officers’ Guidelines on the Safe use of the Internet and Social Media by Police Officers and Police Staff 2013. They should also make clear to officers and staff that WhatsApp and other instant messaging platforms are considered forms of social media.
The Guidelines state that police officers and police staff are advised not to make any comment or post any images of behaviour on the internet or social media which are, or could reasonably be perceived to be, beliefs or conduct that are contrary to the expectations of behaviour outlined in Schedule One (Code of Conduct), Regulation 3, Police (Conduct) Regulations 2004.
This investigation has shown that:
- control over the image was lost once it was shared, despite the original Whatsapp group being restricted to a limited number of individuals
- the image was automatically downloaded to an officer’s personal phone’s photo album.
- it is impossible to know if anyone forwarded the image to a wider audience.
Do you accept the recommendation?
Yes
Accepted action:
- Social Media policies will be cascaded verbally to staff via their Inspectors to ensure full understanding by all.
- A whatsapp questionnaire will be undertaken in custody to seek to establish
- what groups exist amongst staff and their representation and
- their purpose (e.g. legitimate logistical work purposes or social reasons or a mix).