Racial Disproportionality in Stop & Search

#49 — No adequate justification exists for racial disproportionality in stop and search, especially for drugs.

Home Affairs Committee

Recommendation: No evidence to this inquiry has adequately explained or justified the nature and scale of the disproportionality in the use of stop and search powers. This is especially the case for searches for the possession of drugs where evidence shows …

Gov response: The Government supports the police in their use of stop and search to tackle serious violence. That is why we have empowered over 9,000 more officers to authorise stop and search powers by piloting relaxation …

Under Consideration

#47 — Racial disproportionality in stop and search is worse now than Macpherson found.

Home Affairs Committee

Recommendation: Twenty-two years on from the publication of the Macpherson report there remains a serious problem with racial disproportionality in stop and search. Black people are over nine and a half times more likely to be stopped and searched than White …

Gov response: The Government supports the police in their use of stop and search to tackle serious violence. That is why we have empowered over 9,000 more officers to authorise stop and search powers by piloting relaxation …

Under Consideration

#13 —

Justice Committee

Recommendation: BAME children are disproportionately remanded to custody and some of the children remanded to custody, will not then go on to receive a custodial sentence. The Youth Justice Board should update the Committee on the findings of their commissioned research. …

Gov response: 46. We accept that disproportionality in the criminal justice system is a concern, and that the picture is particularly stark when it comes children on remand. 47. The Committee highlights research that the YJB has …

Under Consideration

#11 —

Justice Committee

Recommendation: We are aware of the work the Ministry of Justice and Youth Custody Service have done since publication of the Lammy Review to address disproportionality. The youth justice population has changed considerably in the past 10 years, but children from …

Gov response: 33. We want people to have confidence in a justice system that is fair and open—one where no person suffers discrimination of any sort. We share deeply the concerns about where we are now in …

Under Consideration

#22 —

Public Accounts Committee

Recommendation: When asked about its plans, the Home Office acknowledged that nobody should be targeted by the police on the basis of their ethnicity, or any other factor linked to their background. It told us that it works with communities to …

Gov response: 6: PAC conclusion: The Ministry of Justice and Home Office seem to lack curiosity about the increase in the proportion of children from ethnic minority background in youth custody and appear to have no current …

Accepted

#56 — Many police forces fail to address or explain racial disparities in stop and search.

Home Affairs Committee

Recommendation: Police forces need to take very seriously their responsibility to address racial disparities in the way people are treated in their local communities. Too many forces are unable to explain the levels of racial disparities in their area and are …

Gov response: The Government supports the police in their use of stop and search to tackle serious violence. That is why we have empowered over 9,000 more officers to authorise stop and search powers by piloting relaxation …

Not Addressed

#53 — Persistent racial disparities in stop and search undermine BME community confidence.

Home Affairs Committee

Recommendation: In the twenty-two years since the Macpherson report there have been different attempts to reform the way stop and search has worked, but there has been little progress in addressing the unexplained and unjustified racial disparities or building confidence among …

Gov response: The Government supports the police in their use of stop and search to tackle serious violence. That is why we have empowered over 9,000 more officers to authorise stop and search powers by piloting relaxation …

Under Consideration

#52 — Metropolitan Police's lockdown stop and search surge widened racial disparity and damaged confidence.

Home Affairs Committee

Recommendation: Stop and search needs to be used in a focused and targeted way. When it is not, it leads to injustice and to too many people being searched without good reason. The Metropolitan Police increased their use of stop and …

Gov response: The Government supports the police in their use of stop and search to tackle serious violence. That is why we have empowered over 9,000 more officers to authorise stop and search powers by piloting relaxation …

Not Addressed

#50 — Knife crime concerns fail to explain widespread racial disparities in stop and search.

Home Affairs Committee

Recommendation: We recognise the importance of the police being able to take action against knife crime, and their concern that victims and perpetrators of knife crime are disproportionately Black, but we also note that this does not explain the fact that …

Gov response: The Government supports the police in their use of stop and search to tackle serious violence. That is why we have empowered over 9,000 more officers to authorise stop and search powers by piloting relaxation …

Not Addressed

#48 — Unexplained racial disparities in stop and search damage BME community confidence in policing.

Home Affairs Committee

Recommendation: Stop and search is an important police power and the Macpherson report’s conclusion that it has a useful role to play in the prevention and detection of crime still applies. However the nature of the unexplained and unjustified racial disparities, …

Gov response: The Government supports the police in their use of stop and search to tackle serious violence. That is why we have empowered over 9,000 more officers to authorise stop and search powers by piloting relaxation …

Under Consideration

#12 —

Justice Committee

Recommendation: It is not clear whether diversion schemes disproportionately benefit White children compared with their BAME counterparts, nonetheless, the figures on first- time entrants to the system are concerning. Without centrally collected data on diversion rates, we cannot gain an accurate …

Gov response: 9. We agree that more can be done to collect data on diversion schemes, and work is already underway to do so. Since April 2020, the YJB has been collecting data on Community Resolutions and …

Under Consideration

#17 —

Public Accounts Committee

Recommendation: We also asked about the impact of the pandemic on black, Asian and minority ethnic individuals, particularly given that the Department has faced difficulties collecting and analysing data on ethnicity in the past. Since the Lammy review in 2017 into …

Gov response: 5.1 The government agrees with the Committee’s recommendation. Target implementation date: Autumn 2024 5.2 As part of the evaluation of HM Courts & Tribunals Service (HMCTS) reform, HMCTS will consider the experience of criminal court …

Not Addressed

#10 —

Public Accounts Committee

Recommendation: The National Audit Office reported that the vetting process used during recruitment had a disproportionate effect on ethnic minority applicants. Applicants of Asian and Black heritage had lower pass rates than those of White heritage and were more likely to …

Gov response: 5a. PAC recommendation: The Department and its partners should assist forces in monitoring their workforce by including within each statistical release on progress a table setting out the diversity of individual police forces compared to …

Accepted

#21 —

Public Accounts Committee

Recommendation: Whilst the number of children in youth custody across all ethnicities has reduced (by 73%) between 2010–11 and 2020–21, the proportion from ethnic minority backgrounds has increased (from 32% to 53%).54 Furthermore, the Ministry of Justice drew our attention to …

Gov response: 6: PAC conclusion: The Ministry of Justice and Home Office seem to lack curiosity about the increase in the proportion of children from ethnic minority background in youth custody and appear to have no current …

Accepted

#6 —

Public Accounts Committee

Recommendation: The Ministry of Justice and Home Office seem to lack curiosity about the increase in the proportion of children from ethnic minority background in youth custody and appear to have no current plan to address the situation. While the number …

Gov response: 2023. This is the government’s response to the Committee’s report. Relevant reports • NAO report: Investigation into the management of backlogs in driving licence applications – Session 2022-23 (HC 851) • PAC report: Driving licence …

Not Addressed

#61 — Racial disproportionality in COVID-19 Fixed Penalty Notices highlights need for careful oversight.

Home Affairs Committee

Recommendation: More recently, the serious concerns raised about disproportionality in the use of Fixed Penalty Notices as part of police enforcement of the covid-19 regulations provide cautionary evidence about the need for care and oversight in the way new policing powers …

Gov response: The Government recognises concerns raised around disproportionality in the issuing of FPNs under the public health regulations in relation to Covid-19. The Government is also clear that nobody should be subject to police enforcement on …

Under Consideration

#60 — Metropolitan Police Gangs Violence Matrix lacks robust oversight for racial disproportionality.

Home Affairs Committee

Recommendation: The Metropolitan Police developed the Gangs Violence Matrix as a new way to provide intelligence to tackle serious gang related violence and crime in London, but without robust systems in place to consider racial disproportionality on the database, ensure proper …

Gov response: The Home Office continues to support the police to ensure they have the powers, tools and technology they need to support communities and tackle crime effectively. The public rightly expects the Government to support operational …

Partially Accepted

#36 — Chief officers should be held accountable for using positive action to achieve recruitment targets.

Home Affairs Committee

Recommendation: The evidence from forces which do use a positive action approach demonstrates that forces should be able to achieve their targets using tried and tested positive action measures. Given the success these forces have had, we believe that chief officer …

Gov response: Police forces should be striving to become more representative of the communities they serve. The policing sector recognises the long-standing challenge that recruiting a more diverse and representative police service presents and has made this …

Accepted

#35 — Many police forces underutilised positive action provisions for BME recruitment.

Home Affairs Committee

Recommendation: All forces must do far more to use the positive action provisions of the Equality Act 2010 to develop targeted recruitment campaigns, mentoring and support. Some forces have used those provisions very effectively to increase BME recruitment significantly in a …

Gov response: Police forces should be striving to become more representative of the communities they serve. The policing sector recognises the long-standing challenge that recruiting a more diverse and representative police service presents and has made this …

Accepted

#33 — Police forces fail to achieve representative recruitment despite proven best practices.

Home Affairs Committee

Recommendation: It is particularly disappointing that the number of forces achieving representative recruitment is not higher since it is clear that forces which have made a focused effort to do so are able to achieve representative recruitment. The recent progress by …

Gov response: Police forces should be striving to become more representative of the communities they serve. The policing sector recognises the long-standing challenge that recruiting a more diverse and representative police service presents and has made this …

Accepted

#41 — Stop and search powers remain controversial, disproportionate, and lack evidence of effectiveness.

Home Affairs Committee

Recommendation: Use of stop and search powers is particularly controversial and has a wide-ranging impact for the Met in particular. But this is not an issue that other forces can afford to ignore. Disproportionality in stop and search across policing damages …

Gov response: 104. Following successful delivery of the Police Uplift Programme, the Government has continued to work with forces to support the commitment to maintain officer numbers at Uplift levels. It is important that each police force …

Under Consideration

#14 —

Justice Committee

Recommendation: We note that the number of children on remand is high and that two thirds of children given a remand to youth detention accommodation did not subsequently receive a custodial sentence. Multiple factors appear to contribute to these numbers: an …

Gov response: 56. The review into the use of custodial remand for children completed its first phase of engagement with a wide range of CJS partners and stakeholders earlier in the year, focusing on the work and …

Under Consideration

#13 —

Public Accounts Committee

Recommendation: The NAO found that parents from some minority groups, such as Black, African, Caribbean or Black British parents, are less likely to use the CMS scheme. However, the Department has not conducted research into why this might be or whether …

Gov response: 2b. PAC Recommendation: The Department should: • to support this, undertake more inclusive research to understand its customers and users of its service. It should ensure people who do not communicate in English are included …

Not Accepted

#11 —

Public Accounts Committee

Recommendation: In July 2021, the Home Affairs Select Committee reported that it was extremely disappointing that 22 years after the publication of the Macpherson report the police service is still a very long way from being representative of the diverse communities …

Gov response: 5b. PAC recommendation: The Department should also respond to the Home Affairs Select Committee report ‘The McPherson report: twenty-two years on’, particularly the recommendations relating to targets for the recruitment and retention of officers from …

Accepted

#13 — Accelerate work to understand and resolve racial disparity in identifying prisoner mental health

Justice Committee

Recommendation: The NHS should accelerate its work to understand why there is a racial disparity in identifying mental health issues in prison and implement a solution.

Gov response: The MoJ, HMPPS, DHSC, NHS England and NHS Improvement have a responsibility to ensure those in prison receive appropriate care in the right setting, at the right time. If a prisoner has a severe mental …

Under Consideration

#10 — Racial disparity exists in identifying mental health conditions during prisoner health screenings

Justice Committee

Recommendation: It is unacceptable that one in 12 prisoners do not have a health screening appointment within 24 hours of arrival and that Black, Asian, and other Minority Ethnic prisoners who have a mental health condition are less likely to have …

Gov response: HMPPS recognises that its staff, who interact with prisoners every day, are a vital part of creating an environment that supports good mental health for all prisoners. HMPPS is committed to ensuring that all staff …

Accepted

#65 — Robust processes are essential for new policing technologies to prevent racial disparities.

Home Affairs Committee

Recommendation: As new policing technologies, tools and powers are developed, it is important that there are robust and credible processes in place both to guard against the risk of importing or exacerbating racial disparities and to maximise their potential to demonstrate …

Gov response: The Home Office continues to support the police to ensure they have the powers, tools and technology they need to support communities and tackle crime effectively. The public rightly expects the Government to support operational …

Accepted

#64 — New policing technologies like facial recognition require serious consideration of racial disparities.

Home Affairs Committee

Recommendation: The police are currently exploring other new technologies such as live facial recognition technology, where serious consideration is needed of the way the technology might apply for different communities and any consequences for racial disparities.

Gov response: The Home Office continues to support the police to ensure they have the powers, tools and technology they need to support communities and tackle crime effectively. The public rightly expects the Government to support operational …

Accepted

#62 — NPCC and Home Office fail to publish further analysis of COVID-19 enforcement racial disparity.

Home Affairs Committee

Recommendation: Evidence of disproportionality must be carefully considered and presented transparently, with robust systems of independent oversight. Although the NPCC conducted a detailed analysis of the use of covid Fixed Penalty Notices by ethnicity during the first lockdown, in response to …

Gov response: The Government recognises concerns raised around disproportionality in the issuing of FPNs under the public health regulations in relation to Covid-19. The Government is also clear that nobody should be subject to police enforcement on …

Accepted

#59 — New policing technologies introduced without adequate consideration for racial bias or community confidence.

Home Affairs Committee

Recommendation: New policing technologies have developed in the decades since the Macpherson report. These technologies, which clearly could not have been considered by the Stephen Lawrence Inquiry, have given rise to similar kinds of issues about the importance of sustaining confidence …

Gov response: The Home Office continues to support the police to ensure they have the powers, tools and technology they need to support communities and tackle crime effectively. The public rightly expects the Government to support operational …

Accepted

#54 — Inadequate and inconsistent stop and search data collection hinders proper monitoring and oversight.

Home Affairs Committee

Recommendation: We are very concerned about shortcomings in data collection and transparency with regard to stop and search powers. It is inexcusable that forces do not have proper monitoring and oversight systems in place. In particular, there is far too great …

Gov response: The Government supports the police in their use of stop and search to tackle serious violence. That is why we have empowered over 9,000 more officers to authorise stop and search powers by piloting relaxation …

Under Consideration

#51 — Stop and search encounters are often alienating, lacking respect and de-escalation for individuals.

Home Affairs Committee

Recommendation: The manner in which police forces conduct stop and search is particularly important in determining how that stop will be perceived both by the individual who is searched and their wider community. We heard troubling examples of stops and searches …

Gov response: The Government supports the police in their use of stop and search to tackle serious violence. That is why we have empowered over 9,000 more officers to authorise stop and search powers by piloting relaxation …

Not Addressed

#32 — Some forces show good BME recruitment commitments, but others lack ambition.

Home Affairs Committee

Recommendation: It is welcome that forces such as the West Midlands and Leicestershire have already made clear commitments both on immediate recruitment levels and the overall proportion of BME officers in the force over time. Other forces need to be more …

Gov response: Police forces should be striving to become more representative of the communities they serve. The policing sector recognises the long-standing challenge that recruiting a more diverse and representative police service presents and has made this …

Accepted

#42 — Further primary research needed on section 60 stop and search deterrent value and disproportionality.

Home Affairs Committee

Recommendation: We are concerned at the duration of the investigation following the supercomplaint on section 60 searches. We welcome the Home Office’s recent commitment to better communication around section 60 searches, along with moves to support more consistent local scrutiny. We …

Gov response: 105. We are working with City of London Police, the national lead force for fraud, and the NCA’s National Economic Crime Centre to develop a “People Strategy” for Economic Crime. This will address recruitment and …

Under Consideration

#30 — Mandate police forces record, analyse, submit, and publish protected characteristics data on complainants.

Home Affairs Committee

Recommendation: We recommend the Home Office requires forces to record data on all protected characteristics of complainants with the aim of achieving a greater understanding of who is making complaints, the outcomes of those complaints, and the extent to which there …

Gov response: 78. The Government has provided strong strategic direction of policing nationally, including through the SPR, which PCCs must have regard to, and Beating Crime Plan (see response to rec 29 for more details). It is …

Under Consideration

#5 —

Public Accounts Committee

Recommendation: Vulnerable users and people from ethnic minority backgrounds are potentially impacted disproportionately by efforts to tackle the Crown Court backlog, which the Department and HMCTS have not done enough to understand. Since the start of the pandemic, HMCTS significantly increased …

Gov response: The government agrees with the Committee’s recommendation. Target implementation date: Autumn 2024 5.2 As part of the evaluation of HM Courts & Tribunals Service (HMCTS) reform, HMCTS will consider the experience of criminal court users. …

Not Addressed

#12 —

Public Accounts Committee

Recommendation: The recent Strategic Review of Policing also concluded that the Programme was ‘having a negligible impact on workforce diversity’.18 We asked the Department if it was disappointed that the comment had been made. The Department told us that it did …

Gov response: 5b. PAC recommendation: The Department should also respond to the Home Affairs Select Committee report ‘The McPherson report: twenty-two years on’, particularly the recommendations relating to targets for the recruitment and retention of officers from …

Not Addressed

#8 — Significant disparities in employment outcomes persist for different groups of prison leavers.

Public Accounts Committee

Recommendation: HMPPS and MoJ monitor how outcomes for prison leavers vary between groups. For example, in 2021–22: 8% of female prison leavers were employed after six months compared with 18% of male prison leavers; 11% of black or black British prison …

Gov response: The government agrees with the Committee’s recommendation. Recommendation implemented Resettlement outcomes such as accommodation and employment are routinely reported against different groups, however, the causes of any disparities between groups are less well understood. His …

Accepted

#91 — HMICFRS stop and search recommendations remain unimplemented by many forces

Home Affairs Committee

Recommendation: HMICFRS has a very important role to play in driving improvements, raising standards and measuring progress across policing. It has produced a series of extensive reports about stop and search which has added a great deal to understanding of the …

Gov response: The Home Office welcomes the ongoing work taking place by policing bodies and forces to implement HMICFRS recommendations, as well as the existing guidance and best practice examples to improve the way that stop and …

Accepted

#66 — Home Office and police fail to sufficiently address race equality duties for new technologies.

Home Affairs Committee

Recommendation: Under the Equality Act 2010 the Home Office and the police have a legal duty to consider the equality impact of new policies, measures or technologies on race equality or other protected characteristics. We do not believe that this responsibility …

Gov response: The Home Office continues to support the police to ensure they have the powers, tools and technology they need to support communities and tackle crime effectively. The public rightly expects the Government to support operational …

Accepted

#63 — Police body-worn cameras require consistent use and structured oversight to build confidence.

Home Affairs Committee

Recommendation: New technologies have the potential either to re-build community confidence and/ or to badly damage it, depending on the technology, on the way it is introduced and the nature of the oversight. The introduction of police body-worn cameras, if done …

Gov response: Body Worn Video (BWV) is a vital tool to improve accountability and transparency in policing. It allows greater scrutiny of interactions with the public, which both increases officer accountability for their conduct and protection for …

Partially Accepted

#58 — Independent community oversight of stop and search is vital to earn public confidence.

Home Affairs Committee

Recommendation: We believe that the confidence of local communities will only be earned if there is proper, independent oversight of stop and search, by the community at a local level and, at a national level, by HMICFRS and the Home Office. …

Gov response: Government Response Body Worn Video (BWV) is a vital tool to improve accountability and transparency in policing. It allows greater scrutiny of interactions with the public, which both increases officer accountability for their conduct and …

Partially Accepted

#57 — Gaps in police communication and de-escalation training hinder fair and effective stop and search.

Home Affairs Committee

Recommendation: We have heard about a number of important initiatives designed to improve the experience of stops, and particularly welcome those referred to in this report that have been introduced by both BME community leaders and police forces to foster more …

Gov response: Government Response The Home Office agrees on the importance of training for police officers to ensure they have the practical skills to use powers legitimately and better interact with the communities they serve, and welcomes …

Partially Accepted

#55 — Insufficient evidence on stop and search effectiveness undermines public confidence and policy decisions.

Home Affairs Committee

Recommendation: The lack of evidence available about the effectiveness of stop and search in reducing serious violence crime has contributed to scepticism about the basis for using the powers and therefore a lack of confidence in them. The Home Office should …

Gov response: Government Response As outlined, there are immediate benefits of stop and search in tackling crime and keep people safe. The Office for National Statistics has also pointed to increased use of stop and search as …

Not Accepted

#10 — Fund PCCs adequately to implement Models 2 or 3 for complaint-handling roles

Home Affairs Committee

Recommendation: We urge the Government to fund PCCs adequately to take on Models 2 or 3 as a minimum requirement in their complaint-handling roles. This will provide PCCs the opportunity to work more closely with their forces, for example, to record …

Gov response: The Government will update the police super-complaints website on gov.uk to state that designated bodies should collaborate effectively with non-designated organisations and, where appropriate, make a complaint on the basis of the matters raised with …

Under Consideration

#45 — Commit NPCC to timeframe for Race Action Plan and 'accept or explain' ISOB recommendations.

Home Affairs Committee

Recommendation: The National Race Action Plan contains admirable aspirations. Stakeholders need to ensure they are realised speedily. We recommend the NPCC commit to a clear timeframe for the next iteration of the plan and adopt an “accept or explain” response to …

Gov response: 111. The new non-degree entry route into policing (Police Constable Entry Programme) is due to launch to new recruits in April 2024. Whilst the PCEP route will not result in a formal level 6 qualification, …

Under Consideration

#29 — Greater understanding needed of police complainants, ethnicity, and protected characteristics

Home Affairs Committee

Recommendation: It is vital that policing understands who is making complaints, why they are doing so and what the outcomes are. Ethnic disproportionalities exist across areas such as stop and search and use of force, and the generally lower levels of …

Gov response: 72. The Home Office and Ministers have been clear on the strategic priorities for policing: to cut crime, improve trust and confidence in policing and deliver justice and high-quality outcomes for victims. 73. The Beating …

Under Consideration

#15 — Evaluate impact of police misconduct changes and improve disproportionality data collection

Home Affairs Committee

Recommendation: We recommend the Home Office evaluate the impact of regulatory and other changes to policing misconduct and disciplinary processes 12 months after implementation. The evaluation should include consideration of the proportion of cases resulting in a finding of gross misconduct, …

Gov response: 39. The previous Home Secretary commissioned the IOPC review in March 2023 as part of the Cabinet Office’s public bodies review programme. The review has been considering the IOPC’s governance, accountability, efficacy, and efficiency. Though …

Under Consideration

#13 — Increased chief officer powers insufficient to address systemic misconduct issues or race disparities

Home Affairs Committee

Recommendation: We are persuaded, however, that policing could do more within the existing disciplinary system, ahead of any regulatory changes. Giving chief officers more say over dismissals will not on its own deliver a more consistent interpretation of “gross misconduct” or …

Gov response: 32. The majority of complaints and conduct matters can be investigated effectively by force Professional Standards Departments (PSDs). However, the most serious and sensitive matters are handled independently of the police by the IOPC, with …

Accepted

#16 —

Public Accounts Committee

Recommendation: The Department conducted its first analysis of Kickstart participants’ ethnicity in August 2021, 11 months after Kickstart had launched, and found that a slightly greater proportion of Kickstart participants were from a Black or ethnic minority group than 55 C&AG’s …

Not Addressed