Best Use of Stop and Search Scheme
Community Complaints Trigger
Procedure Reference Number: V1 February 2016
Approved: / Gareth Woods / 19th February 2016Author: / Gareth Woods / Partnership Unit
Produced: / 19th February 2016
Review due: / 19th February 2019.
Review approved:(For reviewed procedures only)
Procedure Index
1.Procedure Aim/Purpose/Scope
2.Guidance...... 3
3.Responsibilities...... 3
4.Appeals...... 4
5.Compliance...... 4
1Procedure Aim/Purpose/Scope
1.1This Policy is to establish Cheshire Police’s requirement to promote the Community Complaints Trigger in accordance with the Best Use of Stop and Search Scheme.
1.2Cheshire Police will signpost the most appropriate mechanism for members of the community to raise any concerns or complaints that they may have with the way that a stop and search encounter has been carried out.
1.3All Forces participating in the Best Use of Stop and Search scheme have local discretion to determine the most appropriate way to establish the Community Complaints Trigger and will publish their respective Force Policy to ensure transparency in the process.
1.4Every formal complaint received by the Professional Standards Department will be treated as a Community Complaints Trigger and will be reviewed, independently of any PSD enquiry by the Force lead for Public Encounters. An overview of the nature of the complaint will then be shared with local community groups, the Independent Advisory Group and the Force Stop and Search Scrutiny Panel.
2Guidance
2.1The policy of Cheshire Police is to monitor and scrutinise all aspects of stop and search with particular emphasis upon disproportionality. The same threshold that exists in terms of this ongoing monitoring and scrutiny is now applied to each aspect of the Community Complaints Trigger.
3Responsibilities
3.1 TheConstabulary’s operational lead for stop and searchwill ensure that all aspects of the Community Complaints Tigger as well as any electronic application forms received are presented to the Stop and Search Scrutiny Panel and referred to the Professional Standards Department.
3.2 Each Partnership Inspector is responsible for communicating our usage of stop and search to local community groups with support and guidance from the Constabulary’s operational lead for stop and search.
3.3 The Constabulary’s operational lead for stop and search will maintain an accurate list of all Community Complaints Triggers that are received. In addition the Community Complaints Trigger will continue to be a standing agenda item at the Public Encounters Group chaired by the ACC with portfolio responsibility for stop and search and the wider public encounters agenda.
4Appeals
4.1There is no appeal process within the Community Complaints Trigger.
5Compliance
I confirm that this document has been drafted to comply with the principles of the Human Rights Act and Equal Opportunity legislation as per force guidance.
In addition, Data Protection, Freedom of Information, the National Quality of Service Commitment and Health and Safety issues have been considered.
Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation, internal policies and the Force values.
I do agreethat this document is appropriate for disclosure to the public.
Signed: Inspector Gareth Woods Date: 19th February 2016
Equality and Diversity Impact Assessment part 1
Potential Impact / X / Does the procedure involve any of the following?(tick as appropriate)If any of the boxes below are ticked the impact is high and the Equality and Diversity Impact Assessment must be reviewed annually.
High / X
X / -Exercise of statutory powers?
-Dealing with or providing services to the public?
-Recruitment & selection, transfer or redundancy processes?
-Training opportunities or career development schemes?
-Other processes for managing staff? (ie. discipline, pay, allocation of benefits, etc)
-Any other high risks not detailed?
If any of the boxes below are ticked the impact is medium and the Equality and Diversity Impact Assessment must be reviewed every 2 years.
Medium / -Dealing with the public, but not involving the exercise of statutory powers?
-Providing services or facilities to staff? (ie. welfare, shower rooms, parking, intranet etc)
-Any other medium risks not detailed?
If any of the boxes below are ticked the impact is low and the Equality and Diversity Impact Assessment must be reviewed every 3 years.
Low / X / -Administration processes?
- Any other low risks?
Equality and Diversity Impact Assessment part 2
Consider the community as a whole and each of the protected characteristics: Age (includes all ages), Disability, Gender , Pregnancy and maternity, Race, Religion or belief, Gender reassignment and Sexual orientation, when answering the below:
If so, how? / Yes. The Best Use of Stop and Search scheme further enhances transparency in terms of the use of stop and search powers, strives to further eradicate any form of discrimination and is crucial to increasing public confidence.
2. Is there public/political concern in relation to any of the protected characteristics, attached to this activity? If so, what are those concerns? / No.
3. What other sources of information have been used in the development of this procedure i.e. HMIC Inspection Reports, Home Office Circulars? / HMIC Recommendations 2013
HMIC Recommendations 2015
HMIC Recommendations 2016
Best Use of Stop and Search Scheme
4. Does the procedure relate to the use of a statutory power? If so, under what circumstance could discrimination be acceptable? / Yes. To all stop and search powers. Each stop and search encounter is supervised, monitored and scrutinised based upon the nature of the individual encounter.
5. What data collection process exists for this procedure?
How is the data monitored to ensure that the impact is not discriminatory or disproportionate? e.g. Use of community intelligence.
If reviewing the procedure what are the results of the monitoring? / All stop and search encounters are electronically recorded, supervised and monitored. Specific scrutiny is undertaken by the Stop Search Scrutiny Panel which consists of Police Officers and members of the public. In addition the Public Encounters Group chaired by an ACC scrutinises all data, especially where any concerns of discrimination or disproportionality are concerned.
6. What evidence is there that actions to address any negative effects in one area may affect other areas of equality? / None identified at the time of writing.
7. When the Race and Diversity impact assessment has included consultation, who was consulted?
(Include a summary of the key points) / A 30 day consultation has been undertaken incorporating all departments within Cheshire Police as well as with external scrutiny groups and the Independent Advisory Group (IAG)
8. Has the procedure been altered following the consultation?
(Include a summary of the key changes) / No amendments have been identified.
9. Has feedback been given to the groups involved in the consultation? / Yes. In terms of publication details.
Date Impact Assessment completed: / 19th February 2016
Policy/Procedure Implementation Plan
Name of Policy/Procedure: / Best Use of Stop and Search Scheme – Lay ObservationStatus of Policy/procedure: / New
Owner: / Inspector Gareth Woods
Date last reviewed: / 19th February 2016
Are there significant changes? / No
Review completed by: / Inspector Gareth Woods
Date of next review: / 19th February 2019
Training/Communication Plan
Is there a communication plan for the policy/procedure? / No
Is there a training plan for the policy/procedure? / No
If so does this cover how training has been incorporated within existing arrangements to ensure future delivery? / N/A
Not Protectively Marked
Details of plans
Actions / Lead / DatesCommunication Plan
Training Plan
Review Plan
Version Not Protectively Marked1