Performance Management, Gaming and Police Practice
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PERFORMANCE MANAGEMENT, GAMING AND POLICE PRACTICE A study of changing police behaviour in England and Wales during the era of New Public Management. By Rodger Patrick MSc. BA (Hons) A thesis submitted to The University of Birmingham for the degree of DOCTOR OF PHILOSOPHY Institute of Local Government Studies (INLOGOV) University of Birmingham January 2009 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. ABSTRACT: This thesis examines the nature of ‘gaming’ in the police service and the extent to which it distorts policing priorities and performance measures. Performance Management, which formed an integral part of New Public Management, was introduced gradually to the police service in England and Wales during the 1990s. The Police and Magistrates Court Act 1994 gave Chief Officers of Police greater freedom on how they spent their budget allocation but there was an expectation that this would result in increased efficiency and improved performance. The Police Reform Act 2002 continued this trend by empowering the Home Secretary to set annual performance targets which the Police Service was expected to deliver. Performance management systems provided the means by which efficiency could be measured thus enabling central government to exert pressure on police forces to improve performance in the areas prioritised. However, for such improvements to be real, not just illusory, it was necessary to ensure the dysfunctional effects of ‘gaming’ behaviour were guarded against. Controlling such behaviour presents a challenge for those responsible for the regulation and governance of the service. This thesis examines the impact of Performance Management on ‘gaming’ behaviour and vice versa within the police service. It identifies and presents evidence on the nature and extent of ‘gaming’ and its impact on police behaviour. The limited effectiveness of the regulatory bodies in addressing ‘gaming’ are also reviewed and inadequacies, both strategic and operational, identified. Key terms: Performance Management, Gaming, Police Deviance, Regulation and Accountability. ACKNOWLEDGEMENTS: The research for this thesis has been supported by the University of Birmingham’s Institute of Local Government Studies (INLOGOV). I owe a great debt of gratitude to my wife Jeanette who has lovingly reassured me and offered valuable advice throughout the process. The support of my daughters Jennie and Lorna is also appreciated. To my mother and father whose experience of performance management in manufacturing provided a depth of understanding which was difficult to obtain from other sources. I would like to express my sincere gratitude to Professor John W. Raine and Doctor Andrew C. Coulson, my supervisors, for all their valuable guidance and helpful discussions throughout the preparation of this thesis and Professor Marian FitzGerald for her advice and guidance. I would also like to extend my thanks to those interviewees who provided information and interpretations of the material under scrutiny; the Police Forces throughout England and Wales which responded to my requests for information; the Home Office personnel who provided statistical data and advice; and all those officers and staff who have provided ‘pointers’ during the course of this study. The co-operation of the Information Commissioner in disclosing the correspondence between ACPO and his office is also acknowledged. Thanks are also extended to Steve Rose and Andy Brumwell for their mapping skills which contributed to the presentation of the data. To Doctor James Hutchinson and Doctor Malcolm Arnold for their valuable assistance on the statistical analysis of the data collected and examined. The contribution of data supplied by Her Majesty’s Government’s Statistical Office; the Home Office and the West Midlands Police is also acknowledged. All maps presented within this thesis are reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to civil proceedings. West Midlands Police Licence No. 100022494 (2004). Reproduction was authorised for the appendices to Patrick (2004). DEDICATION: To my good friend Keith Alexander Duncan: 5th August 1953 – 7th January 2009 Detective Inspector West Midlands Police Anti Corruption Officer An inspiration to us all Lest We Forget “Oh what a tangled web we weave, when first we practise to deceive” (Sir Walter Scott) “In our country the lie has become not just a moral category, but a pillar of the State.” (Solzhenitsyn) “First they came for the Jews and I did not speak out – because I was not a Jew. Then they came for the Communists and I did not speak out - because I was not a Communist. Then they came for the Trade Unionists and I did not speak out – because I was not a Trade Unionist. Then they came for me – and there was no-one left to speak out for me” (Martin Niemoller) CONTENTS: Page Personal Statement Chapter 1: Introduction 1 - 23 Chapter 2: Literature Review. 24 - 94 Chapter 3: Methodology. 95 - 107 ‘CUFFING’ Chapter 4: Crime Recording and ‘Cuffing’. 108 - 143 An introduction to crime recording, ‘cuffing’, and the National Crime Recording Standard (NCRS) Chapter 5: ‘Cuffing’; A Renaissance. 144 - 184 The re-emergence of ‘cuffing’ in the guise of ‘false reporting’ policies; the case is presented. ‘NODDING’ Chapter 6: ‘Nodding’: A very productive partnership. 185 - 223 An exploration of the extent to which suspects and police officers collude in enterprises designed to improve the detection rate. ‘SKEWING’ Chapter 7: ‘Skewing 1’; ‘what gets measured gets done’. 224 - 269 Chapter 8: ‘Skewing 2’; The Geographical redeployment of resources to match priorities. 270 - 303 ‘STITCHING’ Chapter 9: ‘Stitching’: Preventing lack of evidence acting as an impediment to performance 304 - 320 Chapter 10: A Review of the role of the Police Regulatory Bodies. 321 - 396 Chapter 11: Conclusions 397 - 415 Appendices: 416 - 464 References: 465 - 489 PERSONAL STATEMENT: I joined the West Midlands police in 1975 and served as a constable in Birmingham city centre police division until 1982 when I was promoted to an inner city sub- division as sergeant. In 1987 after a period in the force training department I was posted to Coventry as an Inspector. In 1989 I was seconded to the Lanchester Polytechnic, Coventry and undertook a first degree in Applied Social Science. I returned to the Force in 1991 and after a very short spell in the Force Control Room I transferred to the police personnel department. In 1995 I was promoted to Chief Inspector and was posted the police sub-division responsible for the policing of the Balsall Heath neighbourhood of Birmingham where residents had formed ‘vigilante’ groups in response to the high levels of crime prevalent in the area at the time. This experience raised questions about the relationship between the community and the police and the way the police carried out their functions. This period also saw the introduction of Performance Management as part of the New Public Management Reform programme and I was able to experience and study the impact of this change from a practitioner’s perspective. In 1999 I undertook duties as a Detective Chief Inspector for the same area and was able to gain another perspective on the changes brought about by Performance Management. In 2000 I was posted to the force community safety bureau with responsibility for crime reduction and partnerships at a strategic level. This role provided yet another perspective on the Government’s attempts to reform the Police Service. In 2004 I completed an MSc (by research) on the Balsall Heath Community Action and retired from the Police Service in 2005. CHAPTER 1 INTRODUCTION: The introduction of Performance Management as part of central government’s attempts to improve the efficiency and effectiveness of policing occurred gradually from the 1990s onwards in the light of a number of government reports. The Sheehy Inquiry (1993) recommended the introduction of performance management techniques linked to performance related pay and a de-layering of police ranks in order to facilitate greater flexibility and innovation at the operational level where the organisation interacted with its environment. The Posen Inquiry (1994) looked at the services provided by the police with a view to privatisation. A White Paper (Cm 2281, 1993) examined the role of Police Authorities and concluded that the governance arrangements resulted in the “entanglement of responsibilities that leads to uncertain lines of accountability” (HMSO 1993b). The Police and Magistrates Act 1994 resulted from these reports and represented a significant milestone in the reform of the governance arrangements for the Police Forces of England and Wales. The Act both empowered and constrained Chief Officers of Police, freeing them to decide how to spend their budget but holding them to account for improvements in performance. Prior to