S.Watts Thesis Final Mar 2019
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‘Yes Prime Minister’ Early Indications of the Impact of a Change in Policing Governance and the Introduction of Police and Crime Commissioners Across England & Wales Steven A. Watts A thesis submitted in partial fulfilment of the requirements for the award of the degree of Doctor of Criminal Justice of the University of Portsmouth. February 2019 Declaration Whist registered as a candidate for the award of the degree of Professional Doctorate in Criminal Justice, the author has not registered for any other research award. The narrative, findings and conclusions contained within this thesis are the work of the named candidate and they have not been submitted for any other academic award. Word Count: 49,991 Signed Steven A. Watts MSc., D.Crim (Cantab), DPM, FCIM, FSyI. UP 670108 Date March 2019 2 Acknowledgements My thanks are due to all Chief Constables and Police and Crime Commissioners who took part in this research, and who were generous with their time and their contributions. I am also grateful for the guidance and support provided by Barry Loveday in his role as my first supervisor. Most of all without the support of my lovely wife Fiona I would not have had the fortitude to keep going to completion. 3 Contents Page Declaration 2 Acknowledgements 3 List of Contents 4 List of Tables & Figures 7 Police and Policing Governance Structures Pre 2012 Police Governance Model Post 2012 Police Governance Model List of Appendices 8 Appendix A Ethical Review Documentation Appendix B Letter of Invitation to Chief Constable Participants Appendix C Letter of Invitation to Police and Crime Commissioner Participants Appendix D Participant Information Sheet Appendix E University of Portsmouth Favourable Ethical Opinion Letter January 2015 Appendix F Participant Consent Form Appendix G Semi-Structured Interview Schedules Appendix H Schedule of Comments of Chief Constables Appendix I Schedule of Comments of Police and Crime Commissioners Appendix J Form UPR 16 Confirmation of the Ethical Conduct of the Research List of Abbreviations 9 Abstract 10 4 Chapter One Background and Purpose of the Research Introduction 11 Aim of the Thesis 16 Informal Impressions and a Pilot Study 17 The Research Questions 18 Reflection and Reflexivity 19 A Significant Study? 21 Sign Posts – The Structure of this Thesis 21 Chapter Two Policing Governance and Accountability; A Critical History and a Review of the Literature The Rationale and Structure of the Literature Review 23 Organisational Governance Theory 24 Governance in Public Sector Bodies 26 Governance in Police Organisations 28 The Development of Police Governance Frameworks in England & Wales. 35 The Development of Police Accountability 38 Chapter Three A New Policing Governance Paradigm; The Advent of Police and Crime Commissioners in England & Wales The Wind of Change – Political and Academic Thought leading to the Police & Crime Commissioner Model. 45 Police Authorities-v-Police & Crime Commissioners; Comparative Models, Roles, Responsibilities and Powers. 54 Early Days – An Analysis of the Implementation of Police & Crime Commissioners; Public, Media, Academic and Political perceptions. 77 5 Chapter Four Methodological Choices Philosophical Positioning and Methodology 87 Critical Review of available methods and Selection of the Appropriate Method 92 Selection of Participants 96 Ethical Considerations 97 A Pilot Study 101 The Methodological Choice 106 Chapter Five Research Conduct and Analysis How it Went - The conduct of the Research 108 Analysis Commentary 121 Chapter Six Findings Pilot Study Findings 125 Main Findings 126 Chapter Seven Conclusions and Implications for the Future Discussion 179 Implications of the Research 186 Limitations of this Research 189 Final Reflections 192 References 200 6 List of Tables and Figures Page Table 1. Police and Policing Governance Structures 31 Figure 1. Pre 2012 Police Governance Model 47 Figure 2. Post 2012 Police Governance Model 55 7 List of Appendices Page Appendix A Ethical Review Documentation 218 Appendix B Letter of Invitation to Chief Constable Participants 245 Appendix C Letter of Invitation to Police and Crime Commissioner Participants 249 Appendix D Participant Information Sheet 253 Appendix E University of Portsmouth Favourable Ethical Opinion Letter January 2015 259 Appendix F Participant Consent Form 261 Appendix G Semi-Structured Interview Schedules 265 Appendix H Schedule of Comments of Chief Constables 270 Appendix I Schedule of Comments of Police and Crime Commissioners 298 Appendix J Form UPR 16 Confirmation of the Ethical Conduct of the Research 316 8 List of Abbreviations ACPO Association of Chief Police Officers APA Association of Police Authorities APCC Association of Police and Crime Commissioners ASB Anti Social Behaviour CC Chief Constable CDRP Crime and Disorder Reduction Partnership CoPaCC Comparing Police And Crime Commissioners (Independent PCC monitoring organisation) HAC Home Affairs Committee HMIC Her Majesty’s Inspectorate of Constabulary HMICFRS Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services IOPC Independent Office for Police Conduct IPCC Independent Police Complaints Commission NPCC National Police Chief’s Council NPM New Public Management PCA Police Complaints Authority PCC Police and Crime Commissioner PCP Police and Crime Panel 9 Abstract In November 2012, voters across England and Wales went to the polls for the first time to elect Police and Crime Commissioners (PCCs), individual political office holders responsible for the governance of policing in local police forces. The PCCs replaced seventeen member Police Authorities that had been in place since 1964. The Conservative party had made the concept a key policy in its manifesto for the 2010 general election and the ensuing coalition government rapidly implemented it. The governance problem to which PCCs were seen as the answer was a perceived lack of police accountability and a democratic deficit in public participation in police governance. This thesis undertakes a review of organisational governance literature, particularly with regards to the public sector and the police service, before moving on to discussing the political journey to the PCC model of policing governance. The literature and a pilot study indicated that the interpersonal relationship between the Chief Constable and the PCC was crucial in terms of understanding the governance dynamic. The research therefore focussed upon qualitative accounts of sixteen serving Chief Constables and fifteen Police and Crime Commissioners, semi-structured interviews were undertaken and subjected to content analysis. The findings indicated that there have been benefits as a result of the introduction of PCCs, in terms of a greater speed and efficiency in decision making, reduced bureaucracy, more effective partnership working and a more focussed approach that comes with a full time role. There were, however significant issues disclosed regarding the PCC governance model; a lack of accountability, issues of personal resilience and the risks of the interpersonal relationship between PCCs and the Chief Constable and its impact upon operational delivery. These issues need to be addressed if the project driven by the Conservative Party of the early 2000’s is to become an effective governance structure that both enables the police to serve and protect communities, while also being effectively held to account. 10 Chapter One Background and Purpose Introduction The 1950s saw a number of scandals involving English police forces. At that time local ‘watch committees’ responsible for police governance had been set up in municipal areas by the Municipal Corporations Act 1835 (Home Office, 1835) and in rural areas by the County and Rural Constabulary Act 1839 (Home Office, 1839). The committees were ostensibly responsible for holding local police forces to account. Some committees were alleged to be failing to control deviant police behaviour and to be exerting an inappropriate and corrupt influence on local policing, (Marshall, 1965 p.12). These cases prompted in 1962, the formation of a Royal Commission with a remit to review the constitutional position of the police (Home Office, 1962). The findings led to the Police Act 1964 that introduced ‘police authorities’, governance bodies comprising local councillors, magistrates and later in 1994 independent members (Police and Magistrates Courts Act, 1994). The police authority was responsible for scrutinising and holding police forces to account (Home Office, 1964). Police authorities formed part of a ‘tripartite system’ of police governance (Lustgarten, 1986 p.113, Mawby & Wright, 2003, pp.169- 195) in which responsibility was shared between police authorities, the Home Secretary, and chief police officers. This system of police governance remained in place for the next 48 years until the arrival of the Police and Social Responsibility Act 2011 (Home Office 2011). This established in November 2012 Police and Crime Commissioners (PCCs). Who were to be directly elected individuals responsible for police governance. PCCs, as will be discussed in detail later in this thesis were given significantly wider powers and responsibilities 11 including the setting of the policing strategy for their area (Home Office 2011, Home Office 2011a). The journey that led to the change in police governance was driven by increasing concerns regarding the accountability of chief constables and a perceived democratic deficit in the way that policing was governed (Reiner 1991, Reiner