The Rest Is Silence

By J.J. Patrick

First published as a collection of blogs raising concerns about police reforms, The Rest Is Silence led to J.J. Patrick's two year fight against the Metropolitan Police Service and one of the most extraordinary examples of whistleblowing in the history of policing.

With Patrick prevented from speaking to the public much of what happe

• Language: English
• Publisher: Cynefin Road
• Release date: Nov 19, 2016
• ISBN: 9780995763746

J.J. Patrick

James once did a good thing. He now lives a quiet life and is happy with his lot, which is all that really matters. He's been compelled to write ever since he can remember.

Book preview

The Rest Is Silence

Copyright:

Published in the United Kingdom 19th November 2016 by

Cynefin Road

The Rest Is Silence

Copyright© James John Patrick (J.J. Patrick) 2012, 2013, 2014 & 2016

All Rights Reserved.

Cover Images

Copyright © Cynefin Road 2016

All Rights Reserved.

The author has exercised his legal and moral rights.

The Rest Is Silence is a work of non-fiction and contains references to real persons, organisations and locations. Events have been publicly scrutinised over a period of years. A whistleblower's life was irreversibly changed by these events and he doesn't regret it one little bit.

Cynefin Road is a small, independent publishing house and a champion of Copyright, so thank you for buying an authorised edition of this book and refusing to feed the pirates (not the rum loving kind) by copying, scanning, or otherwise distributing this brilliant tale without permission. It also means you’ll steer clear of the long arm of the law and without you being a goody two-shoes, we wouldn’t be able to bring you amazing things to read. Writers deserve your support and ours, so give yourself a pat on the back for doing something wonderful and enjoy the story.

Knowing you’ve read this small print makes us happy enough to throw some shapes while nobody’s watching. We hope you have a nice day, wish you multiple lottery wins, and want you to find infinite joy wherever life’s rich journey may take you.

Definitive Edition

ISBN 978-0-9957637-4-6

About People:

J.J. Patrick — or JP to those who know he’s nothing but trouble — was born in the New Forest and did most of his growing up in Derbyshire.

He served as a police officer between 2004 and 2014, resigning from New Scotland Yard after acting as a whistle-blower. He exposed the national manipulation of crime figures by the police to Parliament and received open praise at the highest levels for his integrity.

At a bit of a loose end — largely being seen as an unemployable risk to skeletons in closets everywhere — he opened a pub. Wrestling a road closure, along with his own demons and ghosts, he was bankrupted and lost everything in the spring of 2016.

If you knew him, you’d say the broken pieces fit together much better nowadays.

Should you wish to keep up with his often ludicrous and frenetic antics, you can find him on Twitter as @j_amesp

About Home:

Cynefin Road came to life during a period of disaster and rebirth, spawned by a heady cross-breeding of the love of both reading and writing, combined with an overwhelming desire to be happy. And what could make anyone happier than bringing beautiful books into the world? (Apart from reading them, of course).

Cynefin is the Welsh word for a place where the nature feels right — where it feels like home — and the road which leads there is paved with stories.

www.cynefinroad.wordpress.com

@cynefinroad

For everyone.

Thanks & Acknowledgements:

Without the Metropolitan Police Service picking a fight with the wrong person, none of this would ever have been disinfected by sunlight.

There are too many people who have helped me back up out of the corner when I was cut and exhausted to mention everyone here. You know who you all are.

Love, this public burial of old skeletons is all your fault.

Author's Note:

I didn't carve a story here.

I hit the world with a sledgehammer and made a little history.

J.J.P.

We are indebted to PC Patrick for his courage in speaking out, in fulfilment of his duty to the highest standards of public service, despite intense pressures to the contrary

The Public Administration Select Committee, April 2014

The Awkward Truth:

Whistleblowers tend to be determined, rather awkward people who many would not regard as team players and who are not considered cooperative or compliant.

That's what Bernard Jenkin, MP, said back in January 2014 when he was asked about me and the kerfuffle I started one morning in the House of Commons.

He was right of course, but before we get anywhere near that moment in time I have something to share because I want to tell this properly. Especially seeing as I've decided to stop running from the past and my long dead career as a public servant.

The problem is the way this began. It's really very uncomfortable, in particular as Theresa May is now the Prime Minister.

I suppose the worst thing about whistleblowers is they really do have this habit of telling the awkward truth, no matter how inconvenient it may be.

***

I'll forgive everyone who ever misguidedly thought my little escapade began in April 2012, with a YouTube video of me wearing glasses, reading out words which seemed to resonate with a lot of other coppers. That's not what started me down the road at all, though the truth probably explains a lot about why things panned out as they did. Think of it like the film Wrong Turn except with more psychotic inbreds.

What sparked my journey was nothing more than London. The Met, to be precise.

From day one I walked into what I saw as an absolute and unforgivable shit shower, utterly detached from any of the decent policing I'd been involved in with my first force, Derbyshire. Nonetheless, I took my one existing commendation – for a complex crack house operation I designed, ran and won at court – and multiplied it by four, adding bravery, leadership and fortitude (from near death experiences and more finalised fatalities).

Then along came a slight issue with the shifts, which led to London being subjected to five days of riots in August 2011, without the police being able to get a grip on the chaos.

It was rotten, the reason behind it, so having tried and failed to report concerns to the Directorate of Professional Standards (they ignored it), and the Mayor's Office for Policing and Crime (they also ignored it), I raised my concerns direct with the Home Secretary, Theresa May.

She never replied either.

All I can do to kick this off, and do it properly once and for all, is tell you exactly what I told her. Because this is the real truth of how it all began, on the 20th of August 2011 at 20.57 hours GMT, in an email to [e-mail].

I was still proud of the uniform back then.

And of my promise.

***

"Ma'am,

I sincerely apologise for the length of the email, but you will see that it is two things, absolutely sincere and arises from necessity. The first few pages are an introduction of sorts, the remainder a serious matter of which you need to be aware.

I am a serving officer and I appreciate several things, not least of all that by writing this I could ultimately face removal from the police service but, wholeheartedly, what choice do I have.

I have used the appropriate channels to report this matter and nothing has happened as a result, barring the explosion of violence in the last two weeks that saw millions of pounds of damages, hundreds injured and lives ruined.

I have to tell you this in my own way, for which I further apologise, but you must know all of what follows, I can no longer worry about this alone.

I appreciate you may not reply or may not wish to, I hope this will not be the case and am happy for you to contact me should you see it fit to do so.

I am not perfect.

Far from it.

I am human.

As flawed as the rest.

I am honest.

The truth is often uncomfortable.

I am a police officer.

Not what the organisation wants.

I am one of a handful.

We are what the public needs.

In the ashes of the events of the last weeks, as society rocks from the events across the country and as people come to terms with the huge losses caused by a handful of people, we must take a long hard look at the police, at what it has become.

We must acknowledge our failings, our problems, the disease that grips our very culture, that has eroded the very stuff that we are made of. We must do this publicly, we must hold up our hands and admit our faults. No more should we wash our laundry in private. The Blue Circle that is closed around us must be broken, once and for all.

Home Secretary, this week you spoke of the box ticking culture that has lead to failures in leadership and called for 'single minded crime fighters'. The Prime Minister has taken on Bill Bratton as his advisor. These are rallying cries, bolstered by an explosion of public support from the very people we are sworn to protect.

ACPO members have shown their true colours this year, at first with silence on cuts to policing budgets, causing a rift with those below them; then with their frankly childish response to Bratton, before he has even said a word. It boils down to little more than petulance and indicates that admissions of fault or failings will not come willingly. Nobody with something to hide or who has a due to pay wants to be put under the microscope.

Their recent outpouring of opposition against police cuts should be taken with a pinch of salt as it clearly arises from a gauging of the political mood and has little to do with 'doing the right thing'. If the government can take all of the flack the Blue Circle can remained tightly closed and ACPO know this, they will cling to this hope as long as they can.

They are, each and everyone as addicted to their positions as the addicts on the streets are to their own vices.

The single minded crime fighters that you call for are often buried in the background, without the opportunity to step up to the plate. The cultural shift needed to uncover them will be the most daunting task the police has ever faced and will require an absolute overhaul of the police promotion and selection processes. This goes well beyond the engineered and self preserving nonsense recently put forwards by another member of ACPO.

The strong need to lead. Full stop. The weak and self interested need to leave. Exclamation mark.

There are examples of self-interest throughout the service.

The change for changes sake culture which has been brought about by the promotion process – one which requires evidence of increasing change management the higher the promotion sought. The end result of this is largely the creation of a process which resolves none of the existing problems and creates tens or hundreds more. We are now so snarled in this it is nothing short of a wonder that we function at all.

There are groups of individuals who are ineffective or corrupt that play the system to rid themselves of the very single minded people who seek to end their practices; sloppy work, ineffective investigation, personal gain. The practice of 'squaring up' as it was once called is alive and well and fed by the internal machine. A parody of what Professional Standards was designed for.

Those who investigate the police are infested at local levels with those who seek to protect friends by identifying sources who have reported corrupt practice.

To whistle-blow is nigh on impossible; subsequently we can achieve no real change on our own, much to our discredit.

Instead we have become wrapped in a culture where quick resolutions are sought for matters such as incivility, where office dwellers seek to tell those on the streets that swearing is one of our biggest issues.

This may sound crass but when confronted with someone who communicates in four letter words there is only one way to communicate effectively, in terms that they understand. There are many of us who would much prefer to use the 'f' word to communicate a message than have to resort straight to the use of force. Words, as they always have been, whatever the format will win out 99% of the time.

On the ground we operate within the rules of reality, we must know the innermost workings of the street. We should be able to do this with the full support of our organisation, not the interference from the ivory towers.

We lost control for several days and this type of culture is precisely how that happened. With the street savvy and practical coppers outlawed, the cuddles culture has provided the very backdrop for the largest outbreaks of violence in the last thirty years.

We don't want to go around providing summary justice, we detest officers that use unlawful violence and would happily arrest anyone engaged in it; but, right now we need to take control, to send a message that this ends now.

We need to be able to communicate that as effectively in the darkest alleyways as we can at family events.

Let us do what is necessary.

You have called for exactly this but the self serving will be slow to respond, as this would mean the crumble of certain empires, those built on the basis of the change for changes sake culture.

Fundamentally we would need to admit that we had gotten it wrong. This would mean personal admissions from the top that they had risen through a flawed promotion system; that they have attained the rank and salary through failures.

For this reason the Blue Circle will hold firm for as long as it can.

Anyone who denies this is either ignorant by choice, choice to be included, or a victim of absolute blinkering to everything but their own interests. Anyone who admits this is on the right road. Anyone who condemns this openly is exactly what the public need and deserve.

If you do this job properly, put yourself second it will punish you physically, mentally, emotionally. It will punish your family and you will reap no rewards other than the knowledge that you have done something, made a stand, sometimes made a difference.

If you join the Blue Circle, the safety net of self preservation will envelop you and it will be a cake walk. Your ego will be fed and groomed nicely.

The single-minded have no fear of the machine itself but we are increasingly wary of it's tricks and glamours. One of the most common traps are the very regulations designed to ensure our integrity; we are bound by the law to report wrongdoing to the flawed system where leaks and retributions are so common place. Yet knowing this we are also tied up in the legal requirement of confidentiality which prevents us from making public anything which could damage the reputation of the service.

We find ourselves in a constant Catch Twenty-Two with little respite.

I for one am sick of being scared; scared of those who play the very rules we work to against us. Scared of the potential implications for my family, my home, my life. Scared of exactly how dirty the organisation will play if you come out against it. I have a pretty good idea; I make it my business to know my targets before taking them on.

When I began this I promised no fear. I promised no favour and on the street I have never pulled my punches, I have taught those around me – those capable of listening and learning -with a good degree of success.

Now I must test exactly how much my oath means to me, so before I do this, here it is. I'm going to take strength from it one last time, this is my promise to you that, maybe for the last time, I'm going to do the right thing.

I do solemnly and sincerely declare and affirm that I will well and truly serve Our Sovereign Lady the Queen in the office of constable, without favour or affection, malice or ill will; and that I will to the best of my power cause the peace to be kept and preserved, and prevent all offences against the persons and properties of Her Majesty's subjects; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all; the duties thereof faithfully according to the law.

My hands are shaking over the keyboard. I can only take solace in the fact in a thirteenth century church a priest told me that doing the right thing is paramount. I'm trying not to think about Frank Serpico. If I do this there is no going back. Deep breath.

In 2010 I predicted the future. That changes to the shift patterns and deployments of police officers across London were ill considered, based on flawed data and would lead to catastrophe should a spontaneous incident occur. I was ignored.

In April 2011 I identified potential criminal offences relating to this very change that point straight to the upper echelons of the police service. I followed procedure and delivered preliminary findings via the established reporting channels to the Directorate of Professional Standards and the Metropolitan Police Authority (MPA). I watched closely, monitoring even the most minor notes placed on the MPA website.

Anything would have sufficed, even a note that a matter had been investigated and negated. Nothing came. I notified the leadership of the Police Federation, being the next suitable authority and have monitored response closely. I have picked up a couple of interesting tweets but nothing concrete.

I fear that the Blue Circle is keeping this one firmly within it's own defences.

All I called for was consideration of a matter but, in light of the London Riots I no longer believe that we are capable of dealing with our own problems. I no longer can stomach the knowledge that we can, still, wash our laundry in private.

My fingers are trembling over the paste button.

A public enquiry is what is needed, regardless of the findings. What will happen to me? I think I can guess. Even so, it's is time for us to remember the one thing that was said, all those years ago. The one thing which we have now so clearly forgotten.

The police are the public and the public are the police.

I am just a normal bloke.

I am a single-minded crime fighter.

I need to begin at the top of the service. That way the rest should take care of itself.

I feel sick.

I feel relieved.

...Paste.

This document was originally sent to the Directorate of Professional Standards on the 9th of April 2011 and to the Professional Standards department at the Metropolitan Police Authority on the 16th of April 2011. It has been updated in the wake of the London Riots following a lack of publicly visible response in the months leading to the riots, where limited police resources hampered the initial response.

The document made clear that there was need for an immediate enquiry and that there would be potential implications to public safety should no action be taken.

In light of the violence and damage caused by the London Riots the original document has largely been proved correct in a number of areas. This second copy now features certain additions bringing it up to date as of the 20th of August 2011.

This document has been prepared by one, uniform, Police Constable, working alone with no resources or special access to material. The officer is doing this on behalf of thousands of uniform constables and millions of members of the public because no-one else knows where to start or dares to. The officer has not had access to anything except for the force Intranet, public access websites, natural contact with other officers at varying ranks.

Regardless of outcome the officer submitting this document fulfils his legal and moral obligations, and complies fully with the:

MPA / MPS Good Conduct and Anti Fraud Policy

Assistant Commissioner Ian McPherson QPM

Ian McPherson is an Assistant Commissioner in the MPS and was appointed head of Territorial Policing on 28th October 2009.

He is a member of Management Board and is responsible for 32 police boroughs across London, reducing crime, and increasing confidence and public satisfaction.

Ian McPherson is the National lead of the Association of Chief Police Officers (ACPO) Business Area for Children and Young People. He is also a member of ACPO Terrorism & Allied Matters (ACPO — TAM) Business Area, ACPO Citizen Focused Policing Sub Group, and ACPO Futures Business Area.

Ian McPherson started his career in Lancashire Constabulary in 1979. Within Lancashire he served in a variety of roles including CID, uniformed operations and public order policing. As a Superintendent he led a Corporate Change Programme before leading operational policing for the Blackpool and Fylde division. He went on to become the Divisional Commander for the areas of Burnley, Pendle and Rossendale.

Appointed Assistant Chief Constable in Merseyside Police in April 2001 he had responsibility for Operations, Call Handling and Response and for developing the strategy and delivery of Neighbourhood Policing throughout the organisation. In 2005, he took command of Corporate Development which included developing the strategic direction for the force.

In September 2005 Ian McPherson was appointed Deputy Chief Constable in North Yorkshire Police where he oversaw Corporate Development and Performance and played a pivotal role in the implementation of Neighbourhood Policing there.

He was appointed Chief Constable of Norfolk Constabulary in December 2006 where he instigated an Organisational Development Programme of work to ensure that the Constabulary provides a customer focused service where people are the priority.

Ian McPherson was awarded the Queen’s Police Medal in the 2008/9 New Year’s Honour’s List. He completed a masters degree from University of Central Lancashire (UCLan) in business administration, and a diploma in applied criminology from Cambridge University. In 2008 he was awarded an Honorary Fellowship from UCLan. Ian is also a member of the Independent Commission on Youth Crime and has had a series of papers published nationally on subjects including leadership, neighbourhood policing, the National Intelligence Model and problem solving. Ian McPherson is married with two children. His interests include skiing, walking, running, rugby and football.

The above is taken from the MPS web site.

Delivered to Directorate of Professional Standards: 09/04/11

Delivered to Metropolitan Police Authority:16/04/11

Amendments and Updates Added:20/08/11

Circumstances:

McPherson was appointed Chief Constable of Norfolk Constabulary in December 2006 and set about a programme of reform. He was seen as a 'breath of fresh air, breathing new life into Norfolk Constabulary' and made some significant changes to the structure of the force, which have been reviewed and copied in some other force areas. He also managed to identify around 80 back office functions which were eradicated and those officers placed in more front line roles such as Safer Neighbourhoods Teams.

He earned both this reputation, of reformer and, one of being a 'very forceful individual'.

One of his focus areas of organisational change was a fundamental change to the shift patterns of the hundreds of officers performing the essential front line 'Response' function. He gave one year notice that changes to these shifts would come which well exceeds the 56 day legal notice period. It should be noted that specialist departments and CID were left largely undisturbed by changes.

Due to the absence of 'traditional employment rights' for officers holding the sworn public office of constable a measure is put in place, whereby the Federation must agree any variable shift pattern before it can be instituted. This is to preserve, as best as possible, the welfare and fair treatment of officers as well as account for their family lives. There are numerous private life restrictions already in force for these officers.

McPherson, being of ACPO rank and highly experienced in driving change, knew that he subsequently could not simply impose a new variable shift pattern.

The only pattern a Chief Officer can impose is an 8 hour pattern, which is well known to be wholly unsuited to the demands of modern policing, in any environment and has both financial implications – in respect of overtime among other factors, as eight hour days are well known to be insufficient to cope with the evidential and procedural demands of many aspects of modern policing — and staff planning / welfare issues. These shifts are generally no longer enforced due to the wide knowledge of all of these factors.

Two options were therefore presented to the Response Officers in Norfolk, the first an eight hour pattern, which was 'no more suited to officers work/life balance, than it was to modern policing'; the second a six week pattern which featured two variable periods of day shifts (e.g. between 0700 to 1800) and late shifts (between 1200 to 0000) as well as night shifts.

Staff were given a vote, at which a number, described as 'significant', abstained due to their feelings at moving away from twelve hour shifts. The variable shift pattern 'won but by a narrow margin' thanks to the absentee vote.

As soon as the pattern commenced the day shifts voted for were turned into late shifts and the late shifts into night shifts, including a number of 0500 finish times across the agreed variable section of the pattern. The fixed elements of the shift pattern were also eventually altered to accommodate the needs of policing which the presented shift pattern did not. (The reason for these amendments was that the variable shift pattern presented to officers for the vote did not meet the actual demand for service; upon which it was stated to have been designed). The officers felt as though they had been 'done over' yet any re-vote was disallowed.

The result of this was the 'alienation' of a large proportion of response staff, a drop 'through the floor' of morale, officers feeling 'nocturnal' and having their home lives massively affected.

Across the force sickness is stated to have fallen since the introduction of this pattern, however evidence indicates this was rather due to improvements in sickness management policies and procedures across all areas of the force.

Overtime 'spiked' or increased when the new pattern was introduced but fell again when wider budget reduction measures were put in place following rural policing budget changes.

When McPherson left the Constabulary 'a significant number of officers were over the moon and their may have been a party, or parties, celebrating'.

A new chief officer is currently leading the force onto a new, fixed rotation, 2x2x2 shift pattern, which consists of 2 day shifts (0700 to 1600) 2 late shifts (1500-0000) and 2 night shifts (2200-0700) followed by four days off, the first lost to sleep. This is a well established shift pattern, used broadly and successfully across the UK due to its uncomplicated nature and ease of forward planning across 52 weeks.

In October 2009 McPherson became Assistant Commissioner of the Metropolitan Police Service and took charge of Territorial Policing.

The police promotion and specialisation process is well known at all levels and ranks and contained within any application it is necessary to demonstrate the achievement of certain key performance indicators in order to be successful. Change Management is a key feature at the top of this scale.

Much as in Norfolk an early notice of intent was delivered regarding shift pattern changes for response team officers, an apparent focus being upon the 18 Boroughs of the total thirty-two, operating 12 hours shift patterns. Initially WESTMINSTER was stated to be exempt from the changes due to the 'unique challenges' it faced.

On the third of June 2010 a Borough Commanders meeting took place at the Empress State Building at which McPherson announced that the shift pattern had been agreed by the Programme Board and the process of introduction began.

It was stated that each Borough would be able to develop or select a shift pattern that best suited the needs of their population. Some Borough Commanders and staff began to cite that they were already operating successful shift patterns, which mirrored operations with Command and Control Centres and for a number of years had resulted in crime figure reductions or low stability of crime figure reductions. At this point McPherson explained that an unprecedented amount of research had been completed to create detailed demand profiles for each Borough for them to work from to ensure best service delivery. Throughout these initial stages Territorial Policing maintained an approach of 'being willing to listen'.

Across the thirty-two London Boroughs Territorial Policing finally presented three shift options for consideration along with a Borough Demand Profile and a document called 'datasets'. This happened in mid July 2010. There were no options outside of these three, no Borough was exempt.

The datasets showed 17 types of information that had been used in preparing the three shift options. 6 of these boxes, which actually represent the bulk of police work, administration, reports, prisoner processing, scene management, hospital guarding, custody time were based upon Activity Analysis data. These should have formed a large part of the background information, used to design Borough specific shift pattern options, reflective of both the call in, response out and genuine police work and administration, to ensure a true match in hours to the demands on officers. Especially taking into consideration well publicised, forthcoming budgetary restrictions.

The Activity Analysis data is however flawed; it was a tick box style form, completed over a period of two weeks, in the winter every year, a non peak policing period. The idea was to provide only a spot sample of police activity.

In practice it was further bureaucracy, often highly inaccurate due to officer contempt when completing it. It was scrapped 2 years ago by then Home Secretary Jacqui Smith, as a common sense measure. A two week sample of policing is wholly insufficient as forming any basis of exactly what police officers carry out, especially when restricted to one small period of the year. Combined with the inaccuracies of the submissions (officers are well known to have input only certain activity codes to avoid too much time being taken up completing the form, or worse on the instructions of management to achieve targets) it is safe to say that any data based on Activity Analysis is unreliable.

The data used was from within the last four years, however policing has already moved on significantly during that time.

McPherson will have been very aware of this due to his rank and leadership position and his national ACPO activities. The data should either not have been used or been verified. A verification process during a period of unprecedented research would have been a sensible extension. This did not happen.

The Borough Demand Profiles themselves were based simply upon the number of calls received and when those calls are received. In policing it is a well established national fact that call are at there highest between 3pm and 12am and that where a night time economy exists there will be more calls for service at weekends, with the hours extended to finish at 3am to coincide with nightclub closures. Where there is no night time economy the peak period will still, generally be 3pm to 12am.

The Demand Profile, based on call data showed exactly this, in effect a document containing nothing new, a well established anecdote, branded as the basis of the future.

Within the datasets or the demand profile their was no factoring for the unpredictable nature of policing, i.e. no reference to unpredictable event contingency or apparent consideration for this bearing in mind the current raised terrorist and civil unrest threat levels and the Olympics in 2012. The games bring their own well documented issue, not least of which