Police Accountability

Nusrat Ghani Excerpts

Wednesday 23rd October 2024 Commons Chamber

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Before I call the Home Secretary to make her statement, I inform the House that the inquest into the death of Chris Kaba has been opened and adjourned. The matter is therefore technically still before the courts. However, Mr Speaker has granted a waiver in relation to the House’s resolution on matters sub judice, so Members may refer to it in the House’s proceedings.

[The Secretary of State for the Home Department (Yvette Cooper)]

With permission, Madam Deputy Speaker, I will update the House on Monday’s verdict in the trial of Sergeant Martyn Blake, on the accountability review into police use of force, and on confidence in policing. Chris Kaba was killed in Streatham two years ago. His parents and family of course continue to experience deep grief and distress. A year ago, Sergeant Martyn Blake was charged with murder, and on Monday, the jury returned its verdict and Sergeant Blake was acquitted. It is imperative that the jury’s verdict is respected, and that Sergeant Blake and his family are given the time and space that they will need to recover from what will have been an immensely difficult experience for them during both the investigation and the trial.

For an armed police officer to be prosecuted for actions taken in the course of their duties is very rare, so of course this case has raised considerable concerns for the public and for the police. The decisions made on any individual case, be it by the police, the Independent Office for Police Conduct, the Crown Prosecution Service, the courts or a jury, are rightly independent of the Government, so it would not be right for me to comment further on the details of the case. However, the case has happened against a backdrop of wider and long-standing concerns about accountability, standards and confidence—a backdrop in which police officers and forces have raised long-standing concerns about the way in which the accountability system currently operates, particularly in cases of specialist policing such as firearms and driving, where we ask officers to do incredibly difficult and dangerous jobs to keep us safe, and a backdrop of fallen community confidence in policing and the criminal justice system across the country, with, as the Metropolitan Police Commissioner said this week, lower confidence among black communities.

The British policing model relies on mutual bonds of trust between the public and the police. For our policing model to work, it is essential that the police have the confidence of the communities they serve, and that officers have the confidence that they need to do their vital and often extremely difficult job of keeping us all safe. Too often in recent times, both elements of that confidence have become frayed. The Government have made it a mission to put confidence back into policing.

As part of that work, I want to update the House on new measures that we will take forward in response to the accountability review and following ongoing work to respond to issues raised by the Angiolini and Casey reviews. That will be a package of reforms to rebuild confidence for police officers and for communities, to tackle the unacceptable delays and confusion in the system, and to ensure that the complexity of specialist operations is considered at an early stage and that the highest standards are upheld and maintained.

Twelve months ago, the previous Government launched a review into the accountability systems for police use of force and police driving. The previous Home Secretary set out an interim response in March, which the Labour party supported, and I welcome his work. The review was not completed by the election, and although we have continued to draw on evidence from police and civil society organisations, we were unable to say more publicly in the run-up to the trial, so today I will update the House.

The accountability review found that the current system for holding police officers to account is not commanding the confidence of either the public or the police. Accountability and misconduct proceedings are too often plagued by delays stretching for years, which is damaging for complainants, police officers and police forces alike. The system has become more complex, with confusion over multiple thresholds for different investigations, and a lack of clarity, especially on specialist capabilities.

There are also wider concerns about the misconduct system. The focus when things go wrong can end up being entirely on the decisions of the individual officer, so system failings such as poor training, unmanageable caseloads or wider force practices are not sufficiently considered or followed up, meaning that too little changes. At the same time, as we saw following the Casey and Angiolini reviews, in cases where someone is not fit to be a police officer, it is too hard for forces to remove them, and communities feel that no one is held to account. The public must be able to expect that when officers exceed the lawful use of their powers or fail to meet proper standards, there will be rapid and robust processes in place to hold them to account. Police officers who act with integrity and bravery to keep us safe each day need to know they have strong public support. If officers lack the confidence to use their powers, following their training and the law, public safety is put at risk.

Let me turn to the policy measures. First, we will take forward the three measures proposed by the previous Government in March to strengthen and speed up the system. We will align the threshold for the referral of police officers from the Independent Office for Police Conduct to the Crown Prosecution Service to that used by the police when referring cases involving members of the public. Currently the threshold is lower for police officers—that is not justified. We will allow the IOPC to send cases to the CPS where there is sufficient evidence to do so, instead of having to wait for a final investigation report. And we will also put the IOPC victims’ right-to-review policy on a statutory footing to ensure that there is an appeal mechanism for bereaved families when a decision is made not to seek a charging decision.

Then we will go further. When officers act in the most dangerous situations on behalf of the state, it is vital that those officers and their families are not put in further danger during any subsequent legal proceedings. We will therefore introduce a presumption of anonymity for firearms officers subject to criminal trial following a police shooting in the course of their professional duties, up to the point of conviction. We will also ensure that the highly specialist nature of particular policing tactics and tools is reflected in relevant investigative guidance. That includes ensuring that in investigations of police-driving incidents, evidence from subject-matter experts and in-car video footage is considered at the earliest possible opportunity, and, more widely, that an officer’s compliance with their training and guidance is appropriately taken into account in investigative decision making.

I also have established a rapid review of two specific areas where recent legal judgments have meant that we now have different thresholds for criminal, misconduct and inquest investigations, adding complexity, confusion and delay to the system. In particular, that review will consider the legal test for use of force in misconduct proceedings, and the threshold for determining short-form findings of unlawful killing in inquests. The independent review will be conducted by Tim Godwin and Sir Adrian Fulford, and will report jointly to me and the Lord Chancellor by the end of January.

I have asked for further work to be done on timeliness, standards and misconduct procedures as part of our wider policing reforms. My right hon. Friend the Attorney General has invited the Director of Public Prosecutions to examine the CPS guidance and processes in relation to charging police officers for offences committed in the course of their duties. Following calls from civil society organisations, we will ask the College of Policing to establish a national “lessons learned” database for deaths or serious injuries arising from police contact or police pursuits, so that when tragic incidents occur, there is a responsibility to ensure that lessons are incorporated into the development of police training and guidance, and to prevent the repetition of such events.

To rebuild public confidence in the wider standards regime for policing, we also need to ensure that there is faster progress in responding to the findings of the Angiolini and Casey reviews on vetting and standards. We will therefore take forward in this parliamentary Session previously agreed proposals to ensure that officers convicted of certain criminal offences are automatically found to have committed gross misconduct; to create a presumption of dismissal where gross misconduct is found; and to change regulations to enable chief constables to promptly dismiss officers who fail their vetting—there has been a glaring gap in the system there for far too long. We will go further to ensure that standards are upheld: we will ensure that there is a statutory underpinning for national vetting standards, and strengthen requirements relating to the suspension of officers under investigation for domestic abuse or sexual offences.

Finally, we need wider measures to restore confidence in policing and the criminal justice system across all communities. That must include further work to take forward the Met’s London race action plan, on which action has already been taken, though the Met commissioner and the Mayor for London have made it clear that there is much more work to do. We need progress from the National Police Chiefs’ Council on the national police race action plan. The Government are also determined to take forward further measures, ranging from the introduction of neighbourhood policing to new police force performance standards, to strengthen confidence in policing in every community across the country.

The measures that I have outlined are practical steps to rebuild confidence, tackle delays, provide clarity and ensure that high standards are maintained. For almost 200 years, policing by consent has been the bedrock of British policing. The Government are determined to take the necessary action to strengthen public confidence in the police, and to strengthen the confidence of the police when they are out on the street every day, doing the difficult job of keeping us all safe. Those are the twin goals that we must all work towards. I commend this statement to the House.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the shadow Home Secretary.

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[Yvette Cooper]

I thank the shadow Home Secretary for his response. I hope that there will be widespread agreement on both sides of the House on the importance of these issues, which go to the heart of the British tradition of policing by consent. All of us want to know that there is proper accountability for decisions that police forces and officers make, but also that the police have the confidence to take what are sometimes the most difficult decisions of all to keep the rest of us safe.

The shadow Home Secretary is right that firearms officers have to deal with some of the most difficult parts of policing, sometimes having to make split-second decisions in fast-moving and difficult circumstances that none of us would want to be in. Frankly, if any of us were in those situations, we would want to know that there were firearms police officers there to protect and support us.

In the UK, police officers discharging firearms is very rare, particularly compared with other countries. That reflects the nature of our unarmed policing tradition, as well as the professionalism and training of the police, and the different ways in which they manage often very difficult situations, but of course they need to know that when they follow their training and operate within the law, they will have our support for the difficult decisions that they have to take, and will not find their lives upturned as a result. The anonymity provisions are important, and I hope that they will have support from the whole House. The Government want to bring in the presumption of anonymity in the forthcoming crime and policing Bill.

The shadow Home Secretary also raised the issue of training. I want that to be looked at when the investigative guidance is updated; that way, it can be addressed relatively quickly to ensure that issues around police driving and training more widely are taken into account in early investigative decisions before cases are pursued.

On the Fairfield review, we are taking forward further measures, and will look, in wider policing reforms, at how the IOPC needs to work. It is important that we continue to have an independent process. That has to be set against the backdrop of the wider policing reforms that are needed to ensure that we strengthen confidence for both officers and communities. That is how we will maintain for the new generation the proud British tradition of policing by consent.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Mother of the House, Diane Abbott.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

First, I express my sympathy for Chris Kaba’s family and his mother. Whatever he was or did, he was her son, and she deserves our sympathy and respect. I also acknowledge my hon. Friend the Member for Clapham and Brixton Hill (Bell Ribeiro-Addy), who has worked hard to support the family in challenging circumstances. In the past few days there has been an avalanche of information about Chris Kaba, but I say to those who are asking why that information was not made available to the jury: that was the decision of the judge, and they should put their complaints to him.

The Home Secretary will know that over the years there have been a series of deaths at the hands of the Metropolitan police that have led to deep unhappiness and even riots. One death that comes to mind is that of Cynthia Jarrett in 1985, who died of a heart attack when four policemen burst into her house, and whose death triggered the Broadwater Farm riots. Does the Home Secretary accept that nothing could be more damaging for police-community relations than if the idea took hold that in some way the police were above the law?

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[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Liberal Democrat spokesperson.

[Lisa Smart (Hazel Grove) (LD)]

I also thank the Home Secretary for advance sight of her statement.

Any case in which a young person’s life is cut short is a tragedy, and my thoughts are with all those who are impacted by this awful situation. It is crucial that we in this place respect the judiciary and their right to make decisions without political interference. However, a case like this one does not happen in a vacuum—we must remember the wider context. As Baroness Casey said in her review, black Londoners are “under-protected and over-policed”. A huge and radical step is required to regain police legitimacy and trust among London’s black communities. Those findings cannot and should not be ignored, which means working together to rebuild community relationships and trust in the police, something that is vital to the very fabric of policing by consent.

With that in mind, I welcome the Home Secretary’s commitment to pick up the accountability review. When it comes to firearms officers’ accountability when operating under enormous pressure, ambiguity benefits nobody—not police officers, and certainly not our communities. I would, however, welcome more details from the Home Secretary about how those communities with the least trust in the police, especially ethnic minority communities, will be consulted in this review. These questions extend past the Met, so will other police forces—including my own Greater Manchester police—be involved in the review, and will the Home Secretary commit to commission an independent review of the implementation of the Casey review’s recommendations? Rebuilding trust in the police has got to be our priority, for the sake of our whole community and for ethnic minority communities, and for the officers who are working hard to keep us safe in difficult circumstances.

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[Yvette Cooper]

I thank my hon. Friend for her question—as I said, she has worked hard to represent her communities. It is clear that there must be a proper framework for legal accountability for police forces and individual officers. There must always be investigations where there is loss of life following police contact—that is always appropriate. Although we want investigations to take place much more swiftly, all the police chiefs whom I have talked to as part of this work feel strongly that there must be a clear accountability system, which provides confidence to communities and to police officers who make difficult decisions in the line of duty. Police, Parliament and the public will recognise that we need to have the confidence of communities, as well as police officers who are confident that they will be able to do their job.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Chair of the Home Affairs Select Committee.

[Dame Karen Bradley (Staffordshire Moorlands) (Con)]

I thank the Home Secretary for her statement and for advance sight of it. Although the measures that she has announced are welcome, many of them will take time to introduce. In the meantime, what is she doing to ensure confidence throughout the system, and will she ensure that the Home Affairs Committee is kept updated on progress in making these welcome changes?

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[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. Before the Home Secretary responds, I remind Members that when they use the word “you”, they are speaking to the Chair. Please be short and sharp, Home Secretary, so that we can get everybody in.

[Yvette Cooper]

Thank you, Madam Deputy Speaker. The accountability review found that the accountability system does not currently have confidence among communities or policing. That is why we are setting out very practical reforms. It is important that the work of the IOPC and the CPS is done independently of politicians, police officers and communities. They have to take decisions within the law and within the framework that Parliament sets. That is why this review and this announcement are about how we amend that framework so that they can do their jobs.

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[Nesil Caliskan (Barking) (Lab)]

rose—

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. The hon. Member was not here for the absolute beginning, but she made it just in time for the opening statements, so I will call her.

[Nesil Caliskan]

I am grateful, Madam Deputy Speaker. Building trust and confidence in the police requires time and honest reflection about the challenges, alongside meaningful steps to improve things. Often, when there are high-profile incidents, there is a knee-jerk reaction and a national debate is sparked. Does the Home Secretary agree that we must avoid knee-jerk reactions, that there needs to be a long-term commitment to building trust and confidence, and that trust and confidence are built through effective policing not just for serious violent crime, but for so-called low-level crimes such as antisocial behaviour and theft?