England and Wales’ Novel Public Governance
Model of Police and Crime Commissioners
Professor John W Raine
14 th May 2015
The possible election of a Labour
Government and the abolition of Police and
Crime Commissioners! (though no indication of how a Labour Government would approach police governance and accountability instead)
But now a degree more stability for the PCC model and the prospect of a second round of
PCC elections in May 2017.
Voter ignorance, confusion and apathy
Allegations of cronyism
Criticisms of excessive spending
The TV Revelations from Kent’s PCC
Fall-outs with chief constables
The ‘Rotherham problem’
How much are the police and crime commissioners costing you?
• BBC research how many staff the new PCCs are employing and how much they are being paid.
• No central register of the information - but found that 41
PCCs have employed at least 449 staff since taking office.
• Wide variations in salaries and the size of each PCC team in the 41 police areas outside of London.
• The Home Office said it expected the directly elected commissioners to cut costs - but it's not clear yet whether
PCCs are costing more or less than the system they replaced.
Channel 4 programme:
‘Meet the Police
Commissioner’
Kent PCC, Ann Barnes
…who struggled to explain what her role involved
Police and crime commissioner Ann Barnes has apologised for appearing in a controversial fly-onthe-wall TV documentary.
But she defiantly insisted she would carry on in the
£85,000-a-year job despite accusations from officers in Kent that the Channel 4 programme made their force a "laughing stock".
Temporary police chief Neil Rhodes was suspended by the force's PCC, Alan Hardwick, in February 2013 over an employment dispute.
A judicial review found in Mr Rhodes' favour and he has since been given the job permanently.
South Yorkshire Police and Crime Commissioner
FINALLY resigns over
Rotherham sex abuse scandal 'for sake of victims'
A police and crime commissioner made a "serious error of judgement" by revealing the name of a whistleblower, an investigation has found.
In May, Avon and Somerset's Chief Constable Nick Gargan was suspended over allegations he made inappropriate advances to female staff.
The Police and Crime Panel found Sue Mountstevens breached her own code of conduct by telling Mr Gargan who had made the allegations. Last week, Ms Mountstevens apologised.
MPs 'cast Gwent police commissioner Ian
Johnston as villain'
A police and crime commissioner (PCC) threatened to "humiliate" a chief constable if she did not quit, MPs have been told.
Carmel Napier, the former chief constable of Gwent police , stepped down in
June after PCC Ian
Johnston ordered her to retire.
Electocracy with Accountabilities?
Assoc of
Chief Police
Officers
Her Majesty’s
Inspectorate of
Constabulary
Chief
Constable
The Home
Secretary
The tripartite relationship
The Police
Authority
The Public Local Councils
The Pre-2012 Police Governance and
Accountability Framework
The Home
Secretary
Assoc of
Chief Police
Officers
Her Majesty’s
Inspectorate of
Constabulary
The Strategic
Policing Requirement
Chief
Constable
Police & Crime
Commissioner
Police &
Crime Panel
The Public Local Political
Parties/Councils
The PCC Police Governance and
Accountability Framework
PCC Relationships and Accountabilities
The Voters and the Local Public
The Police &
Crime Panel
Sponsoring
Political Party
The Police and Crime
Commissioner
Local Authority
Community
Safety
Partnerships
The Chief
Constable &
Police Force
The Local
Criminal
Justice
Agencies
Other Providers of Community
Safety/Crim
Justice Services
Central Govt (Home Office)
( plus Ministry of Justice/Dept for Communities & Local Govt)
1.
2.
3.
4.
5.
Accountability of the PCC to the Voters and Public
Accountability of the PCC to the Police and Crime Panel
Accountability of the PCC to Central Government
Accountability of the PCC to Political Sponsors
Accountability of the Chief Constable to the PCC
Problems of ‘information asymmetry’ and ‘multiple principals’
1.
2.
PCC as Agent of the voters/people
PCC in a (weak) Agent role with the Police and
Crime Panel
3.
4.
5.
PCC in a (limited) Agent role with the Home
Secretary
Some PCCs in a (limited) Agent role with their political sponsors
PCC as Principal to the chief constable and police force
Interviews with 9 PCCs
– conducted between June and October
2013
Three Conservative; three Labour; and 3
Independents
One of each in (respectively) the north, the midlands and the south of England & Wales
A cross-section of mainly rural, mixed urban/rural, and mainly metropolitan police force areas
The Nine selected PCCs
Significant out-and-about in communities and with local groups
– “PCCs are set to become some of the most recognised public leaders in the country – more so than most local councillors and many members of parliament.”
– “ The police themselves have been amazed at what this is all producing by way of complaints from public
.”
– “ Being out and about and listening is how you learn about how the force is working.
”
– I have listened to your experiences, concerns, and suggestions; So in a very real sense, this is your Police and
Crime Plan. You are my co-authors because you know your communities better than anyone else”.
– “
In determining my priorities I have listened to the views that the public have expressed through engagement events and feedback questionnaires.
– “This plan sets out our priorities for 2013-2017 which are based on the issues you have raised. You have told me that your concerns are anti-social behaviour, burglary and domestic and sexual violence. I will ensure that wherever you live – rural, suburban, town or city – your police will work with you to deliver these priorities.”
– “ Listening is what this job is all about – people say things to you in the street that they wouldn’t say to you in a booked appointment or if they were come into the building ” .
Several of the PCPs shifted their position from initial scepticism and negativity to being generally supportive - once they had heard the Commissioner’s explanations and had understood the thinking behind the choices and decisions.
The challenge for former police authority members in coming to terms with their role as ‘scrutineers’ of the
Commissioner’s decisions.
The challenge for panels of part-time councillors
(from across the area) in scrutinising the decisions of a full-time PCC
Most PCCs were fairly sceptical about the quality of scrutiny offered by their panels;
– “a bit tokenistic”,
– “without real teeth” and “ not very dynamic ”,
– “ a wholly inadequate way of holding you to account ” .
But do the Panels select the right councillors for the role?
Contrary to expectations, PCCs commented positively on the constructive balance they felt the
Home Office had struck between providing support, if and when requested (including good access to the
Home Secretary in person), and allowing each to go about their role in their own way
While recognising their obligations in support of the national ‘strategic policing requirement’, none saw this as presenting contentious pressures for them, or creating particular conflicts with their own commitments and priorities.
Of 41 elected PCCs, 29 were sponsored by a political party (16 by the Conservative party and 13 by the Labour party), while the other
12 (nearly one in 3) are ‘independents’.
“ a clear message from the [election] campaign was that the public don’t want politics in policing – so the rosettes are off ”.
But some perceptible differences in polity:
– Three Conservative PCCs emphasised a strong managerialist agenda (improving VfM in policing, in ‘ getting upstream ’ and preventing crime; and in more integration between services)
– One was very critical of the police in relation to strategic management.
“ They talk endlessly about strategy but are not good at it. Most of their work is about meeting deadlines in minutes and hours, and they struggle to lift their sights towards the longer term
”,
“ I hadn’t prepared [myself] for the shambolic state of the business side of policing - not policing itself – but the systems and processes by which it is managed”.
Three Labour PCCs talked more about local issues – and more about ‘ problem-solving ’
PCCs with experience in the judiciary also articulated strong concerns for issues of fairness and equity.
– One former magistrate talked of concerns about the force’s
‘stop and search’ policies and practices and spoke of the challenges in communicating with hard-to-reach groups and minorities.
– Another with judicial experience had prioritised domestic and sexual abuse and violence in the Police and Crime Plan.
Possibly some differences reflected the character of the different areas and criminogenic factors. But also individual backgrounds and experience of PCCs.
The PCC as Principal!
Keen awareness of the significance of the less-thanclearlydefined ‘boundary line’ between their own more strategic area of responsibility and that for operational policing of their chief constable
In most cases, the boundary line had been (gently)
‘tested’ on more than one occasion!
working relationships mostly described as ‘ good’ , but emphasising the importance of the ‘ keeping of distance’ and ‘ retaining a certain formality’ .
Two had made their own appointments; and two had known their chief constables very well from previous roles.
All held regular formal meetings with their chief constables for the purpose of ‘holding to account’
(and with official minutes taken of such meetings); mostly on a weekly or fortnightly basis, plus near daily additional contact.
Mostly PCCs have chosen to site their offices within
Police Headquarters - for pragmatic and cost reasons.
The dominant accountability is with the voters and public (and with little indication of competing accountabilities in practice)
The personal dimension is particularly important (in meetings and in public settings) though public knowledge of the PCC role and person remains low
It is still too early to reach firm conclusions about either the impacts or balance of benefits of the PCC model of police governance.
The story so far seems to be of police governance in
England and Wales becoming distinctly more visible, more consultative and, by implication, more publicly accountable too.
But is it the most appropriate model?
The Committee on Standards in Public Life
– I argued for a directly-elected PCC to chair a
Police Committee of nominated councillors from each constituent local authority of the police area.
Along the lines informally established by the late Bob Jones in West Midlands.
Retaining the advantages of strong, informed and democratic leadership and account-holding by the PCC, while also building and sustaining strong local accountability and responsiveness
Abandoning Police & Crime Panels to provide scrutiny as well as support for the PCC