Freedom of Information Request Reference No: I note you seek access to the following information: Just asking for the Metropolitan Police Whistleblowing Policy only please DECISION I have disclosed the located information to you in redacted format, that is, I have removed any information to which the personal data exemption is applicable. This email accordingly constitutes a refusal notice under Section 17(1) of the Act. The reason for the refusal of parts of the requested document under Section 40(2)(a)(b) and Section 40(3)(a)(i) of the Act Please refer to the attached document This notice concludes your request for information. I would like to take this opportunity to thank you for your interest in the MPS. Directorate of Professional Standards
Protective marking : Publication scheme Y/N : Title : Version : Summary : Branch/ OCU : Review date : Notice reference/ date : Introductio n Not protectively marked No Reporting of Wrongdoing - Standard Operating Procedure (SOP ) Version 3. 1 Standard Operating Procedures for reporting wrongdoing within the MPS Directorate of Professional Standard s June 201 6 Item 1, Notices 26/12, 27 June 2012. Policy contact : DPS Policy Unit on extn. ' Reporting of Wrongdoin g Standard Operating Procedure (SOP) (Version 3. 0) This Standard Operating procedure (SOP) supports the Professional Standards Policy. It has developed from the 'Reporting of Wrongdoing SOP' (Item 2, Notices 22/07, 30 May 2007) which is now cancelled. The MPS operates a reporting of wrongdoing protocol to promote a culture that prevents, discourages and detects wrongdoing within the organisation. The protocol will empower and encourage staff to do the right thing, confident in the knowledge that they will receive proportionate support and protection. This SOP is additional to obligations under the Public Interest Disclosure Act (PIDA) 1998. Applicatio n This SOP applies to all police officers and police staff, including the extended police family and those working voluntarily or under contract to the Mayor's Office
for Policing and Crime (MOPAC) or the Commissioner must be aware of, and are required to comply with, all relevant Metropolitan Police Service (MPS) policy and associated procedures. The following staff have specific responsibilities under this SOP : Operational Command Unit (OCU) Commanders and Senior Management Teams (SMT ) Professional Standards Champions (PSC) All line managers Investigating Officers (10 ) Superintendent Directorate of Professional Standards Intelligence Bureau (DPS IB ) Strategic Human Resource Advisors (SHRA) DPS Staf Occupational Health (OH) staf Purpose This SOP is intended to : Provide clear and comprehensive instructions to members of the MPS about the reporting of wrongdoin g Clarify what is wrongdoin g Explain how to report wrongdoing Explain how to deal with reports of wrongdoin g Outline the support available to staff who report wrongdoing Draw attention to the Public Interest Disclosure Act 199 8 Meaning of Wrongdoin g The term wrongdoing applies to "Any disclosure of information which, in the reasonable belief of the worker making the disclosure, tends to show one or more of the following : " "That a criminal offence has been committed, is being committed or is likely to be committed. " "That a person has failed, is failing or is likely to fail to comply with any legal obligation to which they are subject."
"That a miscarriage of justice has occurred, is occurring or is likely to occur. " "That the Health & Safety of any individual has been, is being or is likely to be endangered. " "Breaches of the Standards of Professional Behaviour for Police Officers. " This could include bullying in the workplace, harassment or other discriminato ry behaviour. "Breaches of the Police Staff Discipline SOP. " This could include bullying in the workplace, harassment or other discriminato ry behaviour. "That information in respect of any of the above has been or is to be deliberately concealed." All staff are reminded that under the Equalities Act 2010 discrimination against the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexua l orientation are unlawful. Reporting Wrongdoin g There are many ways in which wrongdoing can be reported, in person, or through a third party. The most common are : Through Line Management Through B/OCU Professional Standards Unit or PSC Directly to the DP S 'The Right Line' extn "The Right Line on Line" Staff Associations Mentors Independent Police Complaints Commission (IPCC ) MOPAC Directorate of Audit, Risk and Assurance (DARA) Crimestoppers on 0800 55511 1 Criminal Cases Review Commissio n Doi Information Assurance unit (for mishandling information ) It is quite appropriate for the person reporting to contact a trusted friend or colleague within the options above. They may also contact alternative lin e managers where the problem concerns their direct line management. More details of the above are in Appendix A. It is recognised that staff may feel difficulties in reporting certain incidents - staff
are encouraged to remember the organisation that we work for and our duty to do the right thing and to repo rt wrongdoing. All staff are reminded that the Reporting of Wrongdoing process is not to be used for issues that should normally be addressed using Fairness at Work procedures. Receipt of the Reports Not all repo rts of wrongdoing will lead to a criminal or misconduct investigation ; however the perception of the person making the report is that they are reporting wrongdoing. The response from the MPS must be propo rtionate, appropriate and accountable. The repo rt and connected documentation must be treated as "Restricted" information. Where a report of wrongdoing is made to a line manager that line manager must ; in the case of a complaint against police officers : Complete an initial investigation, including a risk assessment, and submit an intelligence report, form 5020 to DPS IDG (intelligence development Grou p ), via the B/OCU PSC or another member of SMT, including copies of documentation Consult with the PSC or another member of SM T Take any action necessary to secure and preserve evidence Consider if the allegation amounts to a crime allegation - if so, deal accordingly or report appropriately. The PSC will then : Document initial steps taken/considered to support or protect the person making the report If the alleged wrongdoing is serious, complicated or there is any doubt, advice must be sought from the appropriate Chief Inspector, DPS Borough Support Unit (BSU) who also deal with allocated OCUs. Advise the person making the report that the Superintendent DPS IB will decide if the matter will be classified as wrongdoin g Submit the Form 5020 together with supporting documents to Superintendent, DPS IB via DPS Mailbox - IDG Reception. Where a repo rt of wrongdoing is made directly to the DPS or received by the DPS from a third pa rty the details must be recorded on F5020 by the person receiving the repo rt and sent to DPS Mailbox - IDG Reception. On receipt of a repo rt of wrongdoing the Superintendent DPS IB will : Review the available information
Decide if the report is to be classified as wrongdoin g Decide on the appropriate level of investigation needed Agree the appointment of the 10 in consultation with the Superintendent DPS BS U Document decisions made regarding support measures for the person making the report In the event the report relates to a member of police staff, the report will be on form 728 - General Report, and submitted through line management or to the SHRA / PSC for further action in accordance with policy regarding police staff misconduct. All documentation relating to the reporting of wrongdoing or the identity of the reporter will be classified as "RESTRICTED". Investigation Strategy The investigation strategy must be proportionate to the classification of the repo rt and level of investigation agreed. The 10 has responsibility for : Complying with relevant policies or SOPs, e.g. Minimum Standards for the Primary Investigation of Crim e Documenting the investigation strateg y Documenting decisions made, action taken/not taken and the reasons why Documenting any views or suggestions made by the person making the report Documenting the agreed level of confidentiality appropriate to the report Agreeing the support given to the person making the report The needs of the service and public interest are of paramount concern, they are factors that must be considered by the 10 and may override the needs of the person making the repo rt. There is no guarantee of immunity or anonymity. At the conclusion of the investigation the 10 must inform the person who made the report, in writing, of its outcome, explain the reason and the decision makin g process. Support Mechanisms for persons who report wrongdoin g In order to be effective, the person making the report must be confident that they will be taken seriously and that the matter will be recorded and a decision made as to appropriate investigation at a local level. Equally important is the knowledge that they will receive support throughout the process, where appropriate. The responsibility for delivering that support sits with the line manager of the person
making the report. Where the line manager is subject of the report made another respons ib le manager w ill be nom i nated by B/OCU management. The line manager has an ongoing responsibility for : Completing F165 - Statement of Expectation s Assessing and taking steps to ensure that the person making the report is protected from victimisation and harassmen t Monitoring the matter to ensure that this SOP is complied wit h Details of the suppo rt mechanisms available can be found in Appendix B and in Appendix C. Responsibilitie s Ownership, Commissioning and Approval - Professional Standards Strategic Committee. Implementation - ACPO Officers, OCU Commanders, Director and Deputy Director Directorate of Professional Standards. Development, Monitoring and Review - Directorate of Professional Standards Policy Unit. Associated Documents and Policies Professional Standards Policy Further Informatio n Fu rther information about this SOP can be obtained from DPS Policy Unit on extn. Appendix A 3 Methods of Reporting Wrongdoing
Through line management This is likely to be the most frequent method of reporting as a degree of trust may already exist. It is also acceptable for reports to be made to other supervisors or second line managers, or through alternative managers in the event of problems with the supervisory chain. Supervisors are expected to use their training and knowledge when concerns are raised by staff and deal with them in the most appropriate way, this will be driven by what they are told, and what the person reporting expects to be done. It is recognised that where a member of staff wishes to make a report regarding their line manager(s) they may do so via another manager. To B/OCU Professional Standards Champion ( PSC) or P rofessional Standards Unit (PSU ) All B/OCUs should have a professional standards champion (PSC) who is a member of the senior management team responsible for misconduct issues or, as an alternative method of reporting, many B/OCUs have professional standards units, staff should feel free to report direct to them. Directly to DPS The ability to directly contact the DPS exists, allows for an element of independence and the objective assessment of the information. The method of making contact will be a matter for the person wishing to make a report, most commonly by telephone, email or in person. When reports are made in person to DPS it is possible to treat the information in confidence and protect the person's identity as far as possible. Reports can be made anonymously but such information will be treated with caution, thoroughly tested and corroboration sought. An agreement will be made in writing between the DPS and the person reporting on the appropriate degree of confidentiality. The DPS Complaints Support Team can be contacted on 4 'The Right Line ' extn This is a confidential and secure internal helpline and answer-phone facility available to all staff that need to report wrongdoing. It is administered by the DPS and jointly sponsored by them and the MOPAC DARA.
Outside of office hours reports of wrongdoing can be made on the answerphone, the DPS on call team can access the message and initiate the appropriate response. "The Right Line on line" This may be accessed via a link in the "Resources " section of AWARE terminals. It provides a confidential method of reporting directly to DPS. Staff Associations The Police Federation, Superintendents Association, Trades Unions, Staff Support Associations, SAMURAI groups and other representative associations can act as third parties to assist members report to wrongdoing. In the first instance they may be asked for advice regarding the matter and then assistance in making the report. These organisations may have internal rules about forwarding information only with the consent of the member. Mentors Many members of the MPS have an appointed mentor to assist them with career development and suppo rt. If in place it is likely that a relationship of trust exists and as such, this is an appropriate channel for repo rting wrongdoing. Independent Police Complaints Commission (I PCC) The prima ry role of the IPCC is to ensure that public complaints about police conduct are dealt with thoroughly and fairly. They are an appropriate channel for persons wishing to repo rt wrongdoing within this SOP. Mayor's Office for Policing and Crime ( MOPAC) Directorate of Audit, Risk and Assurance ( DARA) The MOPAC DARA has responsibility for the integrity of the MPS and its systems. As part of the regulato ry body for the MPS it is an appropriate channel for the reporting of wrongdoing. In pa rticular allegations of fraud and corruption should be reported to this body. Crimestoppers 0800 555111
This is a public telephone number which allows people to provide anonymous information about crime and in the appropriate circumstances is considered a valid method of repo rting wrongdoing. Criminal Cases Review Commission (CCRC ) The CCRC is an organisation that any member of the MPS can contact regarding an allegation of miscarriage of justice and in the appropriate circumstances is a valid method of repo rting wrongdoing. Appendix B Culture Support The intention of this SOP is to encourage "open" reporting, that is where the identity of the person making the report is known to their colleagues. However, it also allows for persons reporting wrongdoing to do so anonymously or to have the information treated as confidential whilst still supplying their own details. Staff should be made aware that in the event of a trial, employment tribunal, or other proceedings anonymity may not be possible and should not be guaranteed. Whilst staff who repo rt wrongdoing should expect their information to be tested it is vital that they do not feel victimised by the process. To prevent this, appropriate support mechanisms must be implemented and their effectiveness monitored. Slang, negative or derogato ry terms e.g. "whistleblower" must not be used to describe a person who repo rts wrongdoing. The support given to a person who repo rts wrongdoing must be tangible and agreed from the outset. It must continue throughout the process and be reviewed to ensure that it is appropriate. The person's role will be considered as pa rt of the support assessment. The responsibility to protect the person from victimisation or harassment does not end at the conclusion of the ma tter. Appropriate measures must be implemented and monitored.
Line Management First line managers are ideally placed to provide frontline suppo rt to persons who report wrongdoing, be their welfare lead and to monitor the effectiveness of the suppo rt measures. When a report is made it is crucial that the person making it is treated positively and reassured that they are doing the right thing. All supervisors have a responsibility to prevent the person making the repo rt, being victimised or harassed. Whilst not exhaustive, the following should be considered : Encourage the person making the repo rt to seek the assistance and suppo rt of their staff association(s). Appoint a mentor or dedicated welfare lead, this can be any member of staff that the person making the repo rt and their line manager agree is appropriate. Obtain specialist help from Strategic Human Resource Advisor (SHRA), or Occupational Health. Open repo rting is encouraged and provides the most effective investigative options. However repo rts can be made in confidence but the person must be told that the legal rules governing disclosure apply. For disclosure purposes confidential information will be handled in a similar way to criminal intelligence. All suppo rt measures considered, implemented or refused should be documented in the statement of expectations. They must be reviewed and be considered again if circumstances change. Persons subject to allegations of wrongdoin g The rights and entitlements of the person who is the subject of the report of wrongdoing are covered in the relevant regulations. This will include the right to disclosure of information and to be informed in full of the details of any accusation as well as representation by their staff association, union, or federation. They are entitled to receive suppo rt from their line manager and it is quite possible that this could be the same person to which the repo rt was made. Ideally there should be separate suppo rt mechanisms for each party with similar offers of suppo rt made. That said, nothing in this SOP prevents a line manager from performing their role e. g. giving character evidence. Support should be available to staff subject of allegations, particularly if investigation shows the allegation made to have been false.
Public Interest Disclosure Act (PIDA)199 8 The aim of PIDA is to ensure that information in the public interest is brought to the attention of the appropriate body so that wrongdoing can be dealt with. To encourage the disclosure of information it provides statuto ry protection against victimisation, additionally for police staff statuto ry protection against unfair dismissal. All categories that are a "disclosure qualifying for protection" are reflected in the section headed Meaning of Wrongdoing except ; (e) that the environment has been, is being, or is likely to be damaged. Superintendent DPS I B Additionally the Superintendent DPS IB can authorise additional suppo rt measures : Senior Manager Overseer; Dependent on the level and seriousness of the wrongdoing reported and the degree of risk to the person making it, a senior manager can be appointed to oversee the matter. They will have responsibility for ensuring that appropriate support is provided and is effective. The Superintendent DPS IB can provide additional support in exceptiona l cases. This will not extend to an amnesty in cases involving criminal offences by the reporter. Appendix C Statement of Expectation s A Statement of Expectations (F165) will be completed in all cases and is available on the corporate forms site. It summarises what the person making the report can expect from the MPS and what the MPS expects of that person. It will be completed by the line manager of the person making the report where appropriate and will be made in consultation with that person and the 10. It will outline the minimum level of support that the person reporting wrongdoing can expect and will be the standard against which the measures implemented in each case will be judged.
The person making the report should be given time, at least 24 hours, to consider the statement, allowing them to consult further and seek advice before giving their informed agreement. A copy of the Statement of Expectations must be given to the person making the report and the line manager. The 10 will retain the original as part of the investigation documentation. The person making the report must also be given a copy of this SOP. The statement covers the following points : What the individual hopes this process will achieve. Contact It is crucial that a framework is created for contact between the 10 and the person making the report. Where applicable it should also include mentors, staff associations, senior manager overseer or any agreed third party. It should also cover the timescale for reviewing the statement and updating the person on the progress of the investigation. Other points of contact Other pa rties who may be aware of the report e. g. SMT, SHRA, OH. Risk assessment Fully explore the possible consequences of making the repo rt on the professional and private life of the person. It is necessary to discuss these implications and decide on the best course of action to deal with them. Do they believe they are at risk in the workplace? If so, who from? Is there a risk to their home, at home or to their family? What steps will be taken to mitigate those risks and are there any other issues that should be cons idered. Support to the person reporting wrongdoin g This will detail the support measures agreed, those considered but not implemented and the reasons why and any that are refused by the person making the report. It should be pointed out that in the event of a prosecution, employment tribunal,
misconduct hearing or similar, anonymity will not be available. Guarantees of anonymity should not be given, although all reports received should be treated as restricted information.