Overview
The November 2024 revisions to the IOPC guidelines mark a substantial update from the September 2015 version. These updated guidelines provide improved tools for addressing allegations of discrimination in policing. The revisions prioritise nuanced handling of biases and organisational issues, emphasising fairness, proportionality, and public trust. They are particularly relevant for youth justice contexts, where biases such as adultification can have far-reaching impacts.
Details
The guidelines are structured to address various stages of the complaints process, with significant updates in Chapters 6 and 7:
- Chapter 6: Gathering and Assessing Evidence
- Expanded evidence methodologies: Analyses patterns of bias, including discriminatory use of police powers (p. 88–101).
- Focus on organisational context: Considers organisational factors alongside individual officer actions (p. 92).
- Recognition of subtle discrimination: Highlights the importance of addressing discriminatory attitudes and generalisations (p. 101–102).
- Enhanced comparator evidence analysis: Evaluates officer explanations with greater scrutiny (p. 102–103).
- Chapter 7: Findings and Outcomes
- Refined evidence assessment: Encourages careful evaluation of cumulative indicators of discrimination (p. 110–111).
- Organisational learning and accountability: Links individual complaints to broader organisational improvements (p. 129).
- Transparent communication: Prioritises clear and comprehensive explanations of findings to rebuild public trust (p. 136).
Comparison to September 2015 Guidelines
The 2024 revisions advance the 2015 guidelines by incorporating strategies to address implicit biases and systemic discrimination. The previous focus on overt acts of discrimination has been expanded to address subtler forms of bias, making the guidelines more relevant to current policing challenges. The emphasis on organisational accountability and systemic learning also represents a shift from reactive measures to proactive cultural reform.
Commentary
The November 2024 revisions are a welcome step toward addressing nuanced and systemic discrimination within policing. By expanding the scope of evidence analysis and emphasising organisational accountability, these guidelines could significantly improve the handling of complaints, particularly for youth justice cases. For instance, they address adultification bias, where young people—especially from minority backgrounds—are treated unfairly.
Recent developments emphasise the importance of these updates. For example, the IOPC’s press release highlights the need to address and properly handle complex bias issues, including the adultification bias. Additionally, media coverage, such as the reports by The Guardian or Reuters point to the adultification bias in policing and the urgent need for reform, as these elements are critical for fostering cultural change within policing. However, the success of these guidelines depends on their practical implementation, including robust training and independent oversight. The IOPC must consistently apply these principles across forces to achieve meaningful reform.
Written by
Migle Urbanavicience, Associate, Paul Hastings LLP