ANNUAL RE PO & ACCO R UN TS T For the year ended 31 March 2016 Together with the Certificate and Report of the Comptroller and Auditor General for Northern Ireland Police Ombudsman for Northern Ireland ANNUAL REPORT AND ACCOUNTS FOR THE YEAR ENDED 31 MARCH 2016 Together with the Certificate and Report of the Comptroller and Auditor General for Northern Ireland The Annual Report is laid before the Northern Ireland Assembly by the Department of Justice in accordance with section 61(5) (a) of the Police (Northern Ireland) Act 1998. The Statement of Accounts together with the report of the Comptroller and Auditor General for Northern Ireland are laid before the Assembly in accordance with paragraph 12(2) Schedule 3 to that Act as amended by the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010. on 30 June 2016 Glossary of Abbreviations ACPO Association of Chief Police Officers AEP Attenuating Energy Projectile C&AG Comptroller and Auditor General CARE Career Average Related Earnings CCTV Closed Circuit Television CETV Cash Equivalent Transfer Value CHS Case Handling System CJINI Criminal Justice Inspection Northern Ireland CPD Continuous Professional Development CPI Consumer Prices Index CSP Civil Service Pensions DFP Department of Finance and Personnel DoJ Department of Justice FReM Financial Reporting Manual FTE Full Time Equivalent HIU Historic Investigations Unit HMIC Her Majesty’s Inspectorate of Constabulary IAS International Accounting Standards IASB International Accounting Standards Board IFRS International Financial Reporting Standard MOU Memorandum of Understanding MSFM Management Statement and Financial Memorandum NDPB Non Departmental Public Body NIAO Northern Ireland Audit Office NICS Northern Ireland Civil Service NIPB Northern Ireland Policing Board NIPSA Northern Ireland Public Service Alliance PACE Police and Criminal Evidence PPS Public Prosecution Service PSIAS Public Sector Internal Audit Service PSNI Police Service of Northern Ireland RPI Retail Prices Index SCS Senior Civil Service SMT Senior Management Team SSRB Senior Salaries Review Board VAT Value Added Tax © Police Ombudsman for Northern Ireland Copyright 2016 The text of this document (this excludes all logos) may be reproduced free of charge in any format or medium provided that it is reproduced accurately and not in a misleading context. 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Index to the Annual Report and Accounts Foreword by the Police Ombudsman 4 – 6 Performance Report: • Overview 7 – 12 • Performance Analysis 13 – 31 Accountability Report • Corporate Governance Report • Chief Executive’s Report 32 • Statement of the Police Ombudsman for Northern Ireland and the Chief Executive’s Responsibilities 33 • Governance Statement 34 – 40 • Remuneration and Staff Report 41 – 53 • Audit Report • Assembly Accountability Report 54 – 56 • Certificate and Report of the Comptroller and Auditor General to the Northern Ireland Assembly 57 – 58 Financial Statements: • Statement of Comprehensive Net Expenditure 59 • Statement of Financial Position 60 • Statement of Cash Flows 61 • Statement of Changes in Taxpayers’ Equity 62 • Notes to the Accounts 63 – 82 4 Foreword by the Police Ombudsman The business year 2015 – 2016 was the 15th In 25% of the cases we investigated we found Anniversary of the establishment of the Office of the evidence that either the initial complaint was Police Ombudsman. It was a useful opportunity to substantiated or there was a separate issue that reflect the progress which has been made to date in concerned us. Examples were included in public the setting up and consolidation of an independent reports across a range of areas. police complaints system in Northern Ireland. For example we published a report into the serious It goes without saying that the issues facing the allegation that the police had stood by and Office in 2016 are very different from those when watched a man – Kevin McDaid from Coleraine it was first established. The challenges of setting – being beaten to death. Our extensive report, up a police complaints system within the highly based on over 120 interviews and reviews of charged political context of policing reform cannot documentation, found that there was no evidence be under estimated. During this anniversary year that the police failed to act as Mr McDaid was we undertook some key surveys and the results attacked. My overall conclusion on the incident clearly demonstrate the progress which has been was that the police did all that could have been made in the creation of an independent police reasonably expected of them. complaints system. My staff also investigated a serious allegation that The results of the surveys which are detailed in the police failed to act on information received this report show that the Office has been true to that could have prevented the bomb attack on a the values outlined in the Maurice Hayes Report Police Officer. The investigation found no evidence which led to the establishment of the Office of that the police failed to act as the information “independence, independence, independence.” they received was insufficiently specific to have The results are I would suggest impressive for any prevented the attack. However, the investigation public body providing a service, particularly one found , that despite repeated requests over a 28 which is working in the high profile area of policing. month period, some police intelligence was not disclosed to officers investigating the attack. During the year we continued to close more cases This was contrary to PSNI guidelines regarding than we opened. We received 3,018 complaints, dissemination of intelligence to investigators. a reduction on the previous year. The reduction The Office recommended four police officers be in complaints coming to the Office is evidence disciplined for their failure to act. of the good work undertaken by many police officers in their day to day interactions with the In order to illustrate the nature and range of cases public and the activities of my Office and others that come to the Office we published 51 “case in the implementation of a complaints reduction studies” throughout the year. The investigations programme with the police. During the year there covered a wide range of incidents including: Taser were reductions in the complaints to the Office in and AEP discharges; an investigation rejecting relation to malpractice by police officers, failures allegations that a man was sent to jail on the basis in duty, oppressive behaviour, unnecessary arrests of inaccurate information from the police; and and incivility. the substantiation of a complaint from the Orange Foreword by the Police Ombudsman 5 Order that police failed to protect marchers as of measures designed to address the legacy of they walked past the Short Strand. The fact that the Troubles. Little progress was made in the we receive complaints from all sections of the establishment of these organisations in the community in Northern Ireland is further evidence financial year leading to further disappointment of the independence of the Office. among victims and survivors. It is clear that current arrangements are inequitable, I do not need a complaint before I investigate a unsatisfactory and inadequately funded. The case -this is an important power and allows areas proposals emerging from the “Stormont House to be investigated in the public interest. Last Agreement” represented the possibility of a new year there were 14 occasions when I initiated approach and it is highly unfortunate that these an investigation into matters, even though I issues remain unresolved did not receive a complaint about them because I believed it to be in the public interest to do In the absence of any other mechanisms for so. In addition there were 50 referrals from dealing with the past, the legacy work of the the Chief Constable requesting an independent Office continued. We completed a number of high investigation in the public interest; an increase profile investigations which will see publication of 9% on the previous year. in 2016 / 2017. During the year we also finished ‘stage one’ of an extensive investigation into The Office made a range of policy allegations relating to the work of a state agent, recommendations aimed at the improvement code named “Stakeknife”. This report, the result of policing and police practice in Northern of a two year investigation, was sent to the Ireland. Key recommendations included that Director of Public Prosecutions who as a consideration is given to the introduction of a consequence directed the Chief Constable to Domestic Violence Prevention Order similar to undertake further investigative work into the the Sexual Violence Prevention Order. This would activities of “Stakeknife” and others within place an obligation on offenders to engage with the IRA “nutting squad” as well as other state the relevant agencies in the Public Protection actors ( excluding the police which remains the Arrangements resulting in improved risk responsibility of this office). management and protection of victims and the public. In addition the Office also recommended The Office also completed investigations into that the police review their arrangements for the 65 cases of our history caseload of 370 cases. detention of juveniles in accordance with ACPO These cases will be reported on in the forthcoming guidelines, the Codes of Practice, Code of Ethics financial year. and public expectations. Funding for History cases continues to be It is disappointing to note that dealing with challenging and in the financial year we submitted the past remains an unresolved issue.