IPOC learning recommendation - response to a welfare concern in 2019 (IX-3981-19)

Title: IOPC Learning Recommendation Made Under Paragraph 28A of Schedule 3 to the Police Reform Act 2002.
Our Reference: IX/3985/19
Author: Prevention and Learning Team, Directorate of Professional Standards, Metropolitan Police Service

The identified learning relates to the Metropolitan Police response to a welfare concern in 2019. The woman took her own life following a history of domestic violence incidents.

IOPC Recommendation

The IOPC recommends that the Metropolitan Police Service (MPS) should ensure that expiration dates of protective orders; including restraining and non-molestation orders are flagged and accessible to officers attending domestic violence incidents to enable consideration of this key information into their risk assessment and decision making.

The IOPC recently completed an investigation where a woman took her own life following a history of domestic violence incidents, and possible coercive control by her husband. The alleged perpetrator of this abuse was subject to a non-molestation order that was due to expire the day after the woman’s death. There is no evidence to suggest the officers who attended a report of a domestic disturbance between the woman and her husband on the day of her death were aware the non-molestation order was due to expire. This may have impacted on the priority they placed on the welfare check logged, and their decision not to arrest her husband.

The MPS already has a Special Schemes policy which is put on the CAD system to highlight an address, with a person who is believed to be at risk (or the property itself). The expiry of a protective order is a potentially high-risk time for a victim of the kinds of behaviour that lead to their issue. An automated alert would highlight the expiry of a protective order to an attending officer, which would allow them to factor this key information into their risk assessment and decision making.

MPS Response

The Metropolitan Police Service (“MPS”) is satisfied that our current policies and processes ensure that expiration dates of protective orders are flagged and accessible to officers attending domestic abuse incidents. 

The process for receipt of judicial orders into the MPS is explained in the ‘Management of Judicial Orders in the MPS Policy’.  This states that on receipt of a judicial order, as a minimum standard, the details should be recorded on the Police National Computer (PNC) and Criminal intelligence System (CRIMINT).  When an order is granted, it is the responsibility of the officer in the case to ensure the order is recorded on PNC and a copy uploaded on CRIMINT. 

If the order relates to an automatic sexual notification requirement this will normally be uploaded on to PNC by the Violent and Sex Offender Register (VISOR) Helpdesk.

If an officer is not present when a Judicial Order is granted at a criminal court, the Police Liaison Officer will email a copy of the order to the officer in the case. If the order is granted at a Family Court, for example a non-molestation order, then the court post or email a copy to the MPS If the subject of the order does not live in the Metropolitan Police District, then a copy of the order should still be recorded on PNC and CRIMINT but also emailed to the relevant force. Where there is no officer in the case, the order is scanned and forwarded to the Central Specialist Crime Offender Management mailbox who will enter the order on PNC and CRIMINT.

The judicial order is automatically deleted from PNC on its expiry date. 

When attending a report of domestic abuse, the MPS Domestic Abuse Policy states within its “Primary Investigation Check List”, for the officer to create a crime report (CRIS) at the earliest opportunity and ensure mandatory elements are completed. The CRIS report must record:

• Domestic Abuse, Stalking and Harassment and Honour Based Violence risk identification
• Imminent risk to victim assessment
• Initial risk management and intervention
• Minimum 5 year intelligence checks on all parties involved (e.g. checking CRIS, CRIMINT and MERLIN (Missing Persons & Related Linked Indices).

At the time of the incident referred to in this recommendation, the Non-Molestation Order for the alleged perpetrator of this abuse, was recorded on PNC and contained details of the conditions of the order and the expiration date. In addition, this information was also recorded on the CRIMINT database.

The MPS is currently revising its Domestic Abuse Policy and future wording for intelligence checks will read:

“Thorough Intelligence checks (a minimum 5 years) should be conducted on all parties involved in the incident (whether victim, suspect or witness). The checks should be carried out on PNC and IIP (Integrated Information Platform) (or where IIP access is not available, on CRIS, CRIMINT and MERLIN). The checks should be Met-wide and cover all incident types. Where there are known links to other constabularies, the checks should incorporate this previous history.”

It is expected that the revised policy will be published by October 2021*.

In conclusion, the MPS has existing policies in place which provide instructions on whose responsibility it is for recording judicial orders, where they should be recorded and when attending incidents involving allegations of domestic abuse, what checks should be made that will provide this relevant information.   Therefore, there is no requirement for this information to be added to PNC as a Special Scheme.

Whilst the recommendation is not accepted, the MPS is grateful for the opportunity to review its current processes and policies and is committed to promote a culture of learning and continuous improvement wherever possible.

* An update to this policy was made in November 2021