Correspondence

State of Policing 2022 report: government response

Published 28 March 2024

Applies to England and Wales

Home Secretary
2 Marsham Street
London SW1P 4DF
www.gov.uk/home-office

Andrew Cooke QPM DL
HMCIFRS
23 Stephenson Street
Birmingham
B2 4BH

By Email Only

15 January 2024

Dear Andy,

State of Policing Report – Response to Recommendations

I’d like to thank you for your important work which shines a light on the performance issues affecting the policing sector. I am grateful to you for the way in which you have worked collaboratively with other sector leaders to see these issues addressed in a holistic way and for your joint letter of 9 November setting out your collective views.

I know you will also be keen to hear the outcome of our consideration of your original recommendations, set out in your 2023 State of Policing report. I agree that there are areas where we can better drive improvements in policing performance, address trust and confidence issues, and ensure that policing is getting the basics right. Whilst legislative change in this Parliament is not a possibility, many of the issues you have raised could be addressed through collaborative sector working and I am pleased to hear that there is emerging consensus in a number of important areas. I have set out my response to your specific recommendations below.

Responsibility of other bodies to respond to recommendations

Your inspection reports, and the recommendations you make, are an important tool for driving performance across both policing and the wider criminal justice sector. More should be done to ensure that policing bodies consider the recommendations that you make, that steps are taken to action them where appropriate and that there is follow up on progress.

I welcome the College of Policing’s commitment to responding to recommendations you make to them. I would encourage you to work collaboratively with other relevant bodies to form similar agreements. My officials will be able to support you with this, and the Home Office will continue to respond to recommendations, wherever possible.

Responsibility of PCCs to respond to recommendations

It is vitally important that PCCs respond to the recommendations you make. PCCs’ public responses help to increase transparency and allow the public to better understand the performance of policing in their area.

I recognise the shared position of HMICFRS and APCC that the current arrangements for PCCs responding to your recommendations under section 55 of the Police Act 1996 are sub-optimal, and that PCC responses to recommendations can be inconsistent. However, irrespective of this I still fully expect PCCs to fulfil their statutory duties. The current standard and timeliness of responses is below what we should be seeing. Before any change to reporting arrangements is considered, I would like to see PCCs better complying with their duty to respond to your reports.

I would welcome further work between HMICFRS and the APCC to ensure PCCs know and fulfil their responsibilities, which are key to providing transparency to the public on police performance. Further, if there are any areas where there is consistently low compliance, I would like to know about it. I understand that the new monitoring portal (due to launch this year) may also help to increase compliance. In line with the recommendation of the Productivity Review, I also welcome work to consider the number of recommendations HMICFRS gives to forces, to ensure they are streamlined and PCCs and forces can better focus on implementing improvements.

Chief Officer Appointments

You and your HMIs have a wealth of knowledge about force performance and what works. This information can be invaluable for PCCs when they appoint their own Chief Constable, to ensure they make the best possible appointments to deliver their Police and Crime Plan.

I understand the College of Policing is in the process of updating its guidance for appointing Chief Officers, including the role which HMICFRS could play in the process. I welcome this work and encourage the College to continue working closely with the APCC to monitor how the updated guidance is working in practice.

Clarity regarding policing services commissioned or delivered by PCCs

PCCs are directly elected individuals, who are held to account at the ballot box by the public and I have no plans to extend inspection to the actions and decisions of PCCs. There are already checks and balances in place to scrutinise PCCs and their commissioned services, including through police and crime panels and the grant agreements for funding given to PCCs by the Ministry of Justice. However, I understand you have concerns that there is a gap in assurance on the quality of service delivered by commissioned providers and that these current accountability mechanisms do not extend far enough. I would want to be assured that oversight arrangements are in place which ensure the efficiency and effectiveness of the totality of policing services, and I therefore welcome you working closely with the APCC, my officials and other interested parties to explore this further and to determine whether existing mechanisms are sufficient.

In the meantime, I know the APCC will encourage PCCs to use their existing powers to commission inspections of their commissioned services, where this is appropriate. I believe this to be a good way for both HMICFRS and PCCs to assure themselves of the efficiency and effectiveness of commissioned services, and I would also encourage PCCs to exercise their powers in this way either individually or collectively.

Power to give directions in relation to a police force

Granting HMCI the power to direct forces is a significant new power. Such a power would need a proper system of accountability to accompany it, as well as detailed consideration of how it would be exercised in relation to the wider system of policing governance. As you know, I already hold powers under section 40 of the Police Act 1996 to intervene where a force or local policing body is failing. That said, I agree you should be able to raise any concerns you have with me about force performance, and discussions at Police Performance Oversight Group should inform advice on whether I should use my powers of intervention in specific circumstances. We already have regular bi-lateral meetings scheduled, and I would welcome you continuing to use these to highlight any significant performance concerns you have.

Power to direct resources in support of failing forces

I agree with the conclusions of your joint letter that the needs of each force in ‘Engage’ will vary. Some will require more support from the wider policing system while others have been clear that they can instigate change within the force without it. But forces who do need help should have the full weight of sector support behind them. It is clear that some standardisation of the support provided through the ‘Engage’ process would be beneficial. I would welcome a further strengthening of the Police Performance Oversight Group (PPOG) so that it has stronger buy-in from policing leaders and provides the necessary challenge on the effectiveness and pace of improvement plans as well as providing support to the Chiefs and PCCs of engaged forces. A memorandum of understanding between PPOG attendees, or refreshed PPOG terms of reference, would help to better define what support sector partners could offer to forces in ‘Engage’.

Conclusion

I would like to thank you, and the sector, again for the significant steps you have made in agreeing actions to improve the grip on police performance in your initial discussions. I would invite you to work with my officials to set up a working group to make sure that these actions are taken forward. I would welcome you keeping me updated in our regular meetings on how you are progressing and any positive steps you have made in tandem with them.

I am copying this letter to Donna Jones as Chair of APCC, Gavin Stephens as Chair of NPCC and Andy Marsh as CEO of the College of Policing.

[signed]

The Rt Hon James Cleverly MP
Secretary of State for the Home Department