Scrutiny panel terms of reference

1. Introduction

1.1. Scrutiny is an integral part of ensuring that Lincolnshire Police maintains policing standards and delivers fair and equitable policing services responsive to its communities. Engagement with the public through external scrutiny seeks to increase public understanding, legitimacy, confidence, and trust in policing.

1.2. External scrutiny allows members of the public to hold the Chief Constable and officers to account through an appropriate mechanism, which requires the explanation of the use of policing powers, tactics, and procedures.  Learning from scrutiny contributes to and informs service improvements.

1.3. Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) inspection regime requires policing to undertake areas of scrutiny including Use of Force. Such requirements support the position that scrutiny should focus on issues of greatest community concern.

1.4. Policing with communities is an evolving relationship and as such Lincolnshire Police seek to ensure that the scrutiny process affords the flexibility to accommodate established scrutiny issues alongside new and emerging issues of concern. Only in doing so will we effectively learn and evolve across the spectrum of policing services.

2. Scrutiny principles

2.1. Effective scrutiny requires a two-way communication process, support from policing to provide appropriate information, guidance, and evidence of operational practice to inform and facilitate effective scrutiny discussion and to address any concerns raised.

2.2. Scrutiny therefore requires the sharing of necessary and proportionate information under legitimate and lawful aims of reducing Crime and Disorder and maintaining the Kings Peace (through maintaining public trust and confidence) balanced against the requirements of data protection and confidentiality.

2.3. Scrutiny also requires a degree of mutual confidence, respect, and openness to operate effectively. Members should be aware that they can have an influence on police, training, and tactical communications.

2.4. The panel should be held on a regular basis as operational commitments allow (acknowledging the facilitation of the panel is by officers/staff in additional to their core roles). There should however be a means to increase said panels on the relevant subject matter based on increased community concerns at any given time.

2.5. Outcomes, recommendations, and observations from scrutiny panel will be shared within the organisation, for further consideration or progression.

3. Scrutiny Panel Membership

3.1. Effective scrutiny requires the involvement of individuals or groups representative of the communities served, including but not limited to people of differing ages, sex, sexual orientation, religious and ethnic backgrounds, and those with disabilities. Organisations providing support or expertise, directly or indirectly, to those affected by the topic under scrutiny may also be included.

3.2. Identification and selection of panel members should be a collaboration between the police, partners and where possible the wider public. They should be conducted in an open and transparent manner.  They will ensure that membership is both representative of the communities served and meets the needs of stakeholders.

3.3. Selection and continued membership as a scrutiny member will be by agreement between Panel facilitators, the EDI team, and any other interested party. It is not intended to be a formal administrative process, to minimise barriers of consistent or temporary involvement in the scrutiny process.

3.4. Membership will be guided by the Lincolnshire Polices Code of Conduct and Confidentiality Arrangement.

3.5. Panel members will not be required to undergo vetting prior to panel appointment. Lincolnshire Police will endeavour to have panels whereby vetting is not a prerequisite of membership. However, all Panel Members will need to sign a confidentiality agreement. Where existing panels do seek to vet members and there is of benefit to this process with no adverse impact on representation, then this practice may continue on an individual basis.

3.6. The panel should consist of a number of attendees that allows for the smooth and efficient running of said panel without adverse effect on representation from communities.

3.7. Membership of each panel should consist of:

• An independent Chairperson (Where no chairperson is forthcoming or unavailable a Police facilitator or member of the EDI team may chair)
• Police facilitators (Identified operational/tactical leads in the area being scrutinised who assist in the smooth running and facilitation of the panel)
• Lincolnshire Police’s EDI team.
• IAG members (vetted as part of their normal organisational roles)
• Police specialists, or representatives as required
• Independent members of the community (non-vetted unless as per 3.5)
• Ad hoc attendees, representatives and guests, or observers as agreed between the independent Chairperson, panel facilitators and EDI team. This may include the attendance of participants who may wish to join the scrutiny membership, or who can effectively contribute to the scrutiny process as an observer, or advisor e.g. Local Authority, Office of the Police and Crime Commissioner or other similar representatives, who may, or may not take an active part in the panel.

3.8. The demographics of the panel will be as far as possible representative of the communities it seeks to represent. The minimum age for the panel is 18 years. Anyone under the age of 18 will require parental consent and such panels will be held separately, parents and members under 18 will need to be aware that materials viewed may be distressing or impactive.

4. Panel Membership Review and Elections

4.1. Individual Panels memberships and roles should be reviewed at least annually to ensure that the group membership continues to consist of individuals or groups representative of the communities served.

4.2. In consultation with the panel’s chairperson, panel facilitators and the EDI team there remains the right to decline a request for or terminate current ad-hoc or permanent panel membership where the conduct or interests of the individual are incompatible with the Code of Conduct and Ethics and Confidentiality Arrangement.

4.3. Members may self-terminate their panel membership at any time. They must remember that any agreed confidentiality remains post leaving the panel and they are still bound by this agreement.

4.4. A specific panel member will be expected to notify the chair and withdraw where they are conflicted with any encounter being shown. For example, they recognise those involved, live in the locality etc. They can then return for the remaining encounters.

5. Scrutiny Process

5.1. Scrutiny panels should be convened on a regular basis to maintain effective scrutiny. Each panel when held should focus on a specific area of policing to avoid confusion in what is required from members and increase the quality of feedback/review. (i.e stop search, use of force etc). Panels should be quarterly as a minimum, but each panel can cover different subjects (i.e 4 a year, alternating between stop search and use of force), ideally planned a year in advance.  Local arrangements with scrutiny members can agree increased frequency of meetings and/or agree to hold interim or extraordinary panels should the need arise. Panels are facilitated however by officers/staff in addition to their core roles so any agreed frequency must not impact other operational commitments.

5.2. Scrutiny panels will be provided with a range of information to support effective scrutiny.

This should include:

• Supportive information, training and/or guidance enabling effective panel scrutiny
• Sanitised/ redacted summaries of ‘case’ records, including Body Worn Video where appropriate
• Appropriate supportive information as deemed necessary for the issue under scrutiny

5.3.    Scrutiny panels should be conducted with flexibility to address established scrutiny issues alongside new and emerging issues of concern. Flexibility includes:

• 5.3.1. The ability to focus on identified areas of a particular issue, for example: greater/lesser scrutiny of overarching management information versus individual ‘case’ records of regular scrutiny areas dependant on emerging issues or areas of high media attention.
• 5.3.2. The ability to accommodate new and emerging issues of concern to both communities and policing.
• 5.3.3. All complaints against Police should be reviewed by the relevant scrutiny panel when they relate to a subject matter a panel is set up to scrutinise.

5.4. A record of scrutiny activity (outcomes, observations and/or recommendations) shall be maintained in a corporate format on established Microsoft forms. This allows data to be accessible to interested parties both internal and external to Lincolnshire Police (legitimacy board, Community groups, HMIC etc).

5.5. Areas of scrutiny will be agreed and/or requested by the Chairperson, police facilitators and the EDI team.

5.6. In the absence of a Chairperson/Deputy Chairperson, a police facilitator or member of the EDI team will fulfil the role of the Chair. If the chair is being covered by a Lincolnshire Police employee, then they will facilitate the smooth running of the panel but will not seek to influence or involve themselves in specific deliberations around encounters.

6. Responsibilities

Independent Chairperson

6.1. At each meeting, the Chairperson will share and ensure all panel participants sign and abide by the Confidentiality Arrangement. This will include panels whereby vetting still takes place.

6.2. The Chairperson with support of the police facilitators and/or EDI team shall manage each meeting for timeliness and in compliance with the requirements of the Confidentiality Arrangement.

6.3. The Chair will seek to obtain and record a balanced view of the scrutiny activity which is representative of the group. The neutrality of the Chair role is crucial to ensure that there is free and fair contributions from all panel members.

6.4. The Chairperson will enable participants to contribute fully through questions and discussion.

6.5. The Chair, police facilitators and EDI team will work to ensure that there are sufficient core members and guests attending each meeting.

Panel Members

6.6. Panel members will actively participate in the scrutiny being undertaken and contribute to learning activity as appropriate.

6.7. Engage constructively and respectfully with all panel members supporting the principles of code of ethics and in compliance with the Confidentiality Arrangement.

6.8. Ensure the delivery of advice and ideas and provision of feedback that makes policing better in Lincolnshire to all communities.

7. EDI Team/Police Facilitators

7.1. Ensure appropriate police support is provided to scrutiny panel meeting administration and facilitation, liaising with panel members as required, including agreeing the agenda with the Chairperson.

7.2. Relevant scrutiny information and documentation is provided to panel members for scrutiny.

7.3. Scrutiny information and documentation provided to panel members will be subject to pseudonymisation to abide by General Data Protection Regulation.

7.4. Scrutiny activity records are maintained on behalf of the Chairperson via the agreed Microsoft forms.

7.5. Will ensure that the scrutiny activity record is reviewed and acted upon/shared as appropriate with internal stakeholders (for example: relevant coordination unit for the strand, individual staff members and supervision).

7.6. Appropriate support, advice and, where necessary, training is available to panel members regarding the area under scrutiny.

7.7. Ensuring reasonable adjustments are in place to enable attendance and effective participation at meetings.

7.8. Local arrangements are in place to assure the scrutiny panel that individual case selection is transparent.

7.9. To maintain public understanding, confidence, and trust in policing the Police facilitators/EDI team will ensure that the scrutiny group is appraised of action taken regarding policy, practice and performance in response to recommendations, concerns or challenge raised by the panel.

7.10. Police facilitators and/or the EDI team will facilitate a meeting with the command team and/or other relevant departmental manager to inform them of any recommendations, concerns or challenges emerging from the scrutiny group activity for organisational learning.

7.11. In the absence of a chairperson perform the role of chair.

8. Venues for meetings

8.1. The venues for meetings will be agreed between the chairperson, Police facilitators and EDI team.  Whilst this could be community-based locations and venues there must be a requirement to accommodate a variety of people with different needs whilst being able to maintain data security and utilise Police technology.

8.2. Microsoft Teams can be used to facilitate online meetings where this assists in accommodating larger numbers or increasing representation at said meetings.

9. Communication and information

9.1. The panel will work to ensure transparency, but it is recognised that some information will be confidential. The chairperson in consultations with Police facilitators and the EDI team will agree what non-confidential information can be communicated to a wider audience for example when recruiting new member or highlighting the productivity of the scrutiny panel.

• 9.1.1.This will include but not limited to -Lincolnshire Police Facebook, Twitter and any other media deemed appropriate.

9.2. The panel will be linked into the work of the Police Crime Commissioner by:

• 9.2.1.Inviting the PCC or their representative to every meeting
• 9.2.2.Providing the opportunity for the Police Crime Commissioners office to survey or speak to the panel
• 9.2.3.Sharing issues, concerns, and compliments with the Police Crime Commissioner
• 9.2.4.Acting as a tool for the Police Crime Commissioner as and when necessary.

10. Confidentiality and Data Protection

10.1. All panel members will be required to complete a Confidentiality Agreement for each scrutiny panel before they are allowed to join the meeting

10.2. All meetings will be recorded where practicable.  Panel members will be informed the meeting is to be recorded both in their welcome documentation and when the panel commences. The meeting will not be recorded by any person other than the chair, Police facilitator and/or EDI team. Any recordings remain under the ownership of Lincolnshire Police.

10.3. Meetings will have minutes taken where deemed necessary by the chair.  Any minutes will not be sent to panel members direct, they will be stored on the Stop Search team drive for the purposes of inspection and to provide feedback to officers following scrutiny of their activity.  Microsoft Teams has a function that provides an automatic transcript of everything said during the meeting that can be utilised where deemed appropriate. Minutes may not be deemed necessary however due to the feedback forms panel members will be requested to complete upon each reviewed encounter.

10.4. A person who is not a panel member will not be allowed to view the information shared during the meeting.

10.5. Information shared within these panel meetings must not be used outside of the meeting or shared with any third party other than by Police employees for a Policing purpose.

10.6. Any relevant information shared during the panel, will be redacted to maintain confidentiality unless being viewed by persons who are vetted to a suitable level.

10.7. The process by which incidents are selected for the panel will be outlined in additional documentation. No case reference numbers are shared to maintain confidentially other than the specific stop search reference number. To enable effective scrutiny, only cases with BWV or other video footage (Custody CCTV etc) will be used as part of the scrutiny process. 

10.8. Should it become apparent that the scrutiny of one of the randomly selected incidents could undermine an ongoing investigation, or be a high-profile case, advice will be sought from the Force Data Protection Team for initial safeguarding.  If they confirm the case should not be used for scrutiny it will be ‘deferred’.

11. Protective Marking

11.1. The Terms of Reference is categorised as ‘Official’, although some items discussed in meetings will be confidential.