Terms of Reference for inspection of the effectiveness of abuse of position investigations by OPONI
17/06/2024
Criminal Justice Inspection Northern Ireland (CJI) proposes to undertake an inspection of the effectiveness of Office of the Police Ombudsman for Northern Ireland (OPONI) investigations of cases involving Abuse of Position by Police Service of Northern Ireland (PSNI) Police Officers.
Abuse of Position is a term that refers to a situation where a person uses or fails to use his or her position in a dishonest way to gain an advantage or cause harm to another person. There is also a specific category of Abuse of Position for a sexual purpose (APSP). The National Police Chiefs’ Council defines Abuse of Position for a sexual purpose as:
‘any behaviour by a police officer or police staff member, whether on or off duty, that takes advantage of their position as a member of the police service to misuse their position, authority or powers in order to pursue a sexual or improper emotional relationship with any member of the public’.
The key organisations involved in this inspection are the OPONI, the PSNI and the Public Prosecution Service for Northern Ireland (PPS).
Representatives from voluntary and community sector organisations who provide support to victims and complainants will also be interviewed.
The Police Ombudsman and the OPONI
The Police Ombudsman is appointed by His Majesty the King as a named person for a fixed term of seven years as a corporation sole.
OPONI is a non-departmental public body administrated through the Department of Justice (DoJ); it is accountable to the Northern Ireland Assembly and is required to take into account all relevant guidance given by the Department of Finance and the DoJ. The OPONI was established under the Police (Northern Ireland) Act 1998[1] to provide an independent and impartial police complaints system and this legislation sets out the statutory functions of the Police Ombudsman. It’s stated aim is to deliver a fair, efficient and effective police complaints system for the people of Northern Ireland. The OPONI investigate and analyse evidence to decide if Police Officers have acted properly or not and they investigate complaints about some PSNI civilian employees.
They also deal with complaints about:
- National Crime Agency Officers in Northern Ireland;
- Belfast Harbour Police;
- Belfast International Airport Police;
- Ministry of Defence police in Northern Ireland; and
- Immigration Officers and some customs officials in Northern Ireland (serious cases only).
However, these organisations are outside the remit of this inspection.
The Police Ombudsman can carry out investigations on cases referred to her by the PSNI Chief Constable, the Director of Public Prosecutions, the Northern Ireland Policing Board[2] (NIPB) or the DoJ, instigated by a complaint directly from a member of the public or by the Police Ombudsman’s own motion where she believes it is in the interests of justice to do so. In 2022-2023 there were 3,185 complaints about police conduct. The Chief Constable made 10 referrals to the Police Ombudsman during 2022-23, five of which related to allegations that Police Officers had abused their position for sexual purposes. Regarding all cases, the Police Ombudsman exercised her own motion powers to commence 15 investigations during 2022-23 and two referrals were received from the PPS.
If the Police Ombudsman believes that a Police Officer may have committed a criminal offence, she is required to send a copy of her investigation report to the Director of Public Prosecutions. She must also, where she thinks it appropriate, make recommendations to the PSNI Chief Constable or to the NIPB as to whether a Police Officer should face disciplinary procedure, in accordance with The Police (Conduct) Regulations (Northern Ireland) 2016.[3]
The Police Ombudsman may also make recommendations to the PSNI to review and make changes to its policies following an investigation. During 2022-23, across all cases, the Police Ombudsman forwarded 49 policy recommendations to the PSNI. Eleven of these were of a strategic nature, 31 at an operational level and seven related to areas for minor improvement. Four policy recommendations were accepted and they related to the use of body worn video and three to Service Instructions for lost property, bail checks and wanted persons. The PSNI considered that a small number of recommendations related to matters that were in place already. Responses were awaited in respect of 39 policy recommendations.
Context
Confidence in policing and the integrity of Police Officers are integral to the legitimacy of policing in any community. This is a topical issue nationally with recent high profile convictions of Police Officers for very serious offences that have a significant impact on public confidence in policing.
Following the kidnap, rape and murder of Sarah Everard in England on 3 March 2021 by serving Metropolitan Police Officer Wayne Couzens, APSP by serving Police Officers has had a significant negative impact on policing both locally and nationally.
On 15 April 2024 the Police Ombudsman released a statement advising that ‘A police officer has been dismissed after a Police Ombudsman investigation found that he had sex with a vulnerable woman at an industrial estate in Antrim while on duty in 2016’.[4]
In May 2022 the Independent Office for Police Conduct (IOPC) in England and Wales, published Learning the Lessons 40 – Abuse of Position for sexual purpose[5] in which they stated ‘Abuse of Position for sexual purpose (APSP) is now the single biggest form of corruption we deal with at the IOPC’.
In April 2022, the Chief Constable and senior team in the PSNI issued a Zero Tolerance statement in respect of this type of misconduct by serving Police Officers. In October 2023, His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services published a report on The Police Service of Northern Ireland: An inspection of police effectiveness, efficiency, vetting and standards in which they found that ‘The Service understands abuse of position for a sexual purpose’.[6]
Part 1 of an independent Inquiry was commissioned in late 2021 by the then Home Secretary, The Right Honorable Priti Patel MP, to establish a definitive account of the career and conduct of Wayne Couzens. The Angiolini Inquiry Part 1 Report[7] was published on 29 February 2024. The Report makes recommendations ‘that need to be implemented by those responsible for policing to ensure that everything possible is being done to prevent those entrusted with the power of the office of constable from abusing that power in the most dreadful of circumstances.’
The Police Ombudsman and her Office play an essential role in holding the PSNI to account. One of the OPONI principles of governance is to ensure that ‘stakeholders can have confidence in the decision-making processes and actions of the Office in the management of its activities, and in the individuals in the Office.’
During 2022-23 the Police Ombudsman commenced a total of eight investigations relating to allegations of APSP. In total, the organisation had 16 such investigations, a number of which awaited criminal or misconduct proceedings or PPS decision.
Previous inspections
CJI have previously inspected the OPONI including inspections on the Independence of the Office of the Police Ombudsman for Northern Ireland published in September 2011[8], with the Follow-Up Review in January 2013[9] and A process verification assessment in September 2014[10]. The OPONI was also inspected as part of the Review into the methods the Police Service of Northern Ireland use to disclose information in respect of historic cases to The Office of the Police Ombudsman for Northern Ireland, published in April 2020.[11]
Aims of the Inspection
With regards to investigations of abuse of position concerns and complaints, the broad aims of this Inspection are to:
- examine the effectiveness of case triage, investigation, progression and determination processes by the OPONI in achieving outcomes and supporting the achievement of strategic business objectives and improved service delivery;
- review how operational delivery and staff resourcing is structured and organised to meet business needs, the needs and expectations of parties to the investigation and assess effectiveness, continuous development and potential areas for improvement;
- examine the relationship between the PPS and OPONI in cases referred to the PPS and the timeliness of decision making on prosecutions;
- examine the accessibility and effectiveness of the process for making complaints and referrals for Abuse of Position including from the PSNI and PPS;
- consider the process for implementation of recommendations made by the OPONI by the PSNI;
- assess how effective investigation and management of Abuse of Position cases is benchmarked against good practice in other jurisdictions; and
- any other matters arising during the inspection if considered appropriate by CJI may be included.
Methodology
The review will be based on the CJI Inspection Framework, the three main elements of the inspection framework are:
- Strategy and governance;
- Delivery; and
- Outcomes.
Design and Planning
Preliminary research
Data and initial information has been sought from the OPONI to inform the scope of this inspection.
Stakeholder consultation
Consultation has taken place with the OPONI to determine the scope of the inspection.
Benchmarking, research and data collection
Collection of benchmarking information and data and review of inspection and research reports will be undertaken.
Contact with organisations
Terms of reference will be shared with the OPONI, the DoJ, the PSNI, the PPS and other bodies as appropriate. Liaison officers from the relevant organisations should be nominated for the purposes of the inspection.
Policies and procedures, management information, minutes of meetings and related documentation from the organisations will be requested and examined.
Stakeholder consultation
The following stakeholder organisations and individual will be consulted:
- Police Federation for Northern Ireland;
- Northern Ireland Policing Board;
- Superintendents’ Association of Northern Ireland;
- Nexus; and
- Victim Support NI
- Commissioner for Victims of Crime in Northern Ireland designate.
Other stakeholders and organisations that carry out similar functions to the OPONI may be consulted as required.
Self-assessment
The OPONI will be asked to undertake a self-assessment, which will be reviewed by CJI prior to the commencement of fieldwork.
Development of fieldwork plan
Interviews and focus groups will be conducted with the OPONI and other criminal justice agency staff, and relevant stakeholders to give an insight into the issues affecting the effective investigation and outcomes of Abuse of Position cases.
Initial feedback to agency
On conclusion of the fieldwork the evidence will be collated, triangulated and analysed and emerging findings will be developed. CJI will then present the emerging findings to the Police Ombudsman, the PSNI and the DoJ.
Drafting of report
Following completion of the fieldwork and analysis of data, a draft report will be shared with the Police Ombudsman, the PSNI, the PPS, the DoJ and any other relevant stakeholders for factual accuracy check within four weeks. The Chief Inspector will invite the Police Ombudsman, the PSNI or other organisations where appropriate, to complete an action plan within a further two weeks to address the recommendations and if the plan has been agreed and is available, it will be published at the same time/alongside the final inspection report. The review report will be shared, under embargo, in advance of the publication date with relevant bodies.
Publication and Closure
A report will be sent to the Minister of Justice for permission to publish. When permission is received the report will be finalised for publication. A press release will be drafted and shared with the OPONI, the PSNI, the PPS and the DoJ and any other relevant stakeholders prior to publication and release. A publication date will be agreed and the report will be issued.
Indicative Timetable
Scoping, research and self-assessment:
|
March-May 2024 |
Fieldwork:
|
June-September 2024 (allowing for summer leave) |
Draft report to the OPONI and other appropriate organisations for factual accuracy:
|
November 2024 |
| Publication (subject to permission to publish) |
January 2025 |
The above timetable may be impacted by factors outside CJI’s control such as the anticipated pre-election period. Organisations will be kept advised of any significant changes to the indicative timetable.