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Title: IOPC learning recommendation under paragraph 28A of schedule 3 to the Police Reform Act 2002
Branch / OCU: Prevention and Learning, Directorate of Professional Standards (DPS)
MPS reference: IX/1909/19
On 2 April 2019, Metropolitan Police Service police officers were tracking a Kia vehicle in Central North London. A radio request was made by police officers for assistance in stopping the vehicle. The police vehicles involved were a marked police car, an unmarked police car and a police carrier. The Kia vehicle stopped at a set of temporary traffic lights just before a junction and the marked police car stopped a few cars behind it. The police carrier was travelling in the opposite direction and it is believed to have turned around and joined the marked police vehicle, attempting to stop the Kia vehicle. The Kia vehicle did not stop and made its way around the vehicles waiting at the traffic lights. The marked police car then activated its emergency warning equipment and pursued the Kia. This was followed by the police carrier and then the unmarked police car. A pursuit was not authorised by the MPS Control Room and approximately 15 second later, the Kia is believed to have turned left and collided with a traffic light at a junction and hitting a pedestrian. The pedestrian subsequently died.
The Independent Office for Police Conduct (IOPC) investigated the circumstances of the incident. During the course of its investigation the IOPC made the following learning recommendations to the MPS:
The IOPC recommends that the Metropolitan Police Service make amendments to policy to more clearly define the training required in order for an officer to be authorised to engage in initial phase pursuits.
The MPS has reviewed and accepts the recommendation provided by the IOPC.
The MPS Pursuits Policy-Police Pursuits Initial and Tactical Phase Q & As states that “the initial phase is the period of a spontaneous pursuit before tactical phase can be considered or actioned. Trained drivers in suitable vehicles may be authorised to continue by a control room supervisor”.
When referencing trained drivers, the MPS MyHR application provides details of driving courses available to all staff. Under Response-Initial Phase Pursuit Management it provides the following details;
“This course is to train response car drivers in the initial phase of a pursuit. You must have completed 6 months as a fully qualified response driver prior to the course.
Over the 3 days following a classroom presentation, you will drive a marked response car using emergency warning equipment, whilst in a simulated pursuit of an unmarked car driven by an instructor. To be successful, you will need to demonstrate you can drive to the ‘system’, putting safety first whilst pursuing a subject vehicle and also be able to give a detailed pursuit commentary”.
This is also re-iterated in the MPS Learning and Development – Initial Phase Pursuit internal web page.
The Pursuit Management (PM) code was introduced in 2014 as a confirmation that MPS police drivers had completed the National Centre for Applied Learning Technologies (NCALT) training in relation to Police Pursuits. The training module was withdrawn and Staff who have been directed to do this course are advised to look at the three new NCALT courses; Police Pursuits: Introduction Police Pursuits: Pre-Planned Police Pursuits: Spontaneous
Each module states: “This should be completed prior to any practical pursuit training”
“All 3 modules must be completed in order and evidenced by the College of Policing MLE certificates awarded for each module prior to students enrolling onto their local force driver training course.” The MPS Policy and Driving Standards Unit (PDSU) will be instructing all MPS Safer Driving Managers to cascade to all MPS drivers that the three NCLAT modules are not an authorisation to pursue. This direction will be communicated at the next scheduled MPS Safer Driver Managers’ Meeting on 26th January 2021 and subsequently the direction will then be cascaded to all MPS Police Drivers as soon as practicable.
A consultation process is currently taking place between the MPS Hendon Driving Academy (HDA) and the PDSU to formulate a clear policy for all MPS drivers; ensuring drivers are aware that practical training is required for the initial pursuit phase. This is currently being led and progressed by the PDSU and is anticipated to be completed within four weeks.
In the interim, the PDSU has created a link between the MPS Pursuits Policy and the MPS MyHR Driver Training Courses. This provides all MPS officers with a full description of the content of each individual driving course and the competency achieved upon successfully completing the relevant course.
The IOPC recommends that the Metropolitan Police Service ensures all information regarding an officer’s driving authorisation level is accurately documented in each officer's driving permit, and both the officer and their line manager ensure this information is kept up to date.
The MPS has reviewed and accept the recommendation by the IOPC. All authorised police drivers are issued with an MPS driving permit showing their driving categories, driving entitlements, the dates of their MPS eyesight tests, details of driving assessments and the dates their driving licence has been checked. It is the responsibility of the driver and their current line manager to ensure their permits are correct and up to date during the individual officer’s annual Performance Development Review (PDR).
The code “XP” is added to police drivers’ permits following any ‘non-pursuit training’ by Hendon Driving Academy Instructors. The XP code will only be present on the permits of Response and Advanced classified drivers if they have not been trained in initial phase pursuit. There is no requirement for this code to be shown on the permits of a basic driver. The XP code is described in some detail on the ‘entitlement codes’ as part of the MPS Roads Policing Policy which states: XP -All trained police drivers Response to Advanced who have been classified by the driving school as Non Pursuit, also includes transferees who have not been trained in the Initial Phase pursuit management module. Drivers must not take part in any phase of a pursuit. They are to assume the role of a Basic driver. Restriction will be lifted following attendance at Hendon Driving School to complete a 2 day course in the case of transferees or have successfully completed refresher training in Initial Phase Pursuit.
On 14 January 2021 an email communication was sent to all Hendon Driving Academy staff specifying that XP must be shown on each officer’s driver permit (for those who have not completed practical initial pursuit training) to indicate the driver must not take part in any phase of a pursuit.