Inspectors find CPS has improved its quality assurance regime but more needs to be done

HMCPSI has found that the Crown Prosecution Service (CPS) has shown a real commitment to refreshing its quality assurance regime, but improvements still need to be made.

Inspectors looked at whether Individual Quality Assessments (IQAs) – which were introduced in 2015 – were fit for purpose, whether they were being undertaken as envisaged and whether they were driving improvements in advice, review and case progression.

Inspectors found that guidance on how the scheme operates had been improved and a new tool had been developed to analyse the data, although improvements could be made to the data produced and its availability to staff who need access to it to help improve casework.

The CPS had provided training centrally when IQAs were introduced, but inspectors found there has been little national training since. CPS Headquarters had organised webinars, instructional videos and workshops, however, widespread changes in management personnel have meant many legal managers have had no experience of undertaking IQAs and as a result there are significant knowledge gaps at all levels. Inspectors recommend that a national training package should be developed and delivered to designated leads or trainers from each Area, who would then deliver the training locally to all relevant staff.

There is a clear improvement on the previous quality assurance regime, but inspectors found that there is a lack of robustness or misunderstanding about the IQA requirements, which in turn is hampering efforts to deliver improvements. Although the scheme began in 2015 it is still not embedded across the CPS and the standard of assessments and the use made of them is not consistent.

Inspectors also found that, despite disclosure being the most significant casework issue facing the CPS and police at present, there is not a specific question in IQA. Inspectors recommend that the CPS includes a separate set of disclosure questions when developing the revised process and guidance.

The inspection revealed that legal managers need to be much better at identifying work that does not meet required standards and spelling out on the IQA in what way it has fallen short. Too many assessments were lenient. This could be because managers lack confidence in giving negative feedback or are reluctant to do so when prosecutors are very busy and working hard. Inspectors found that 12.1% of the IQAs showed an overly lenient rating while the CPS overall judged the quality of its casework to be 14.3% better than the inspectors’ assessment.

Commenting on the report’s findings, Chief Inspector Kevin McGinty said:

IQA has been subject to a thorough review and refresh which has improved the scheme. There are a number of aspects on which it is performing exactly as intended. However for a scheme that was introduced in 2015 it still has the feeling in some places of having just arrived. This is demonstrated by the lack of consistency and robustness in adopting it. Opportunities to drive better decisions and casework need to be taken more consistently.

Inspectors have made a number of recommendations that, if adopted, will help IQA fulfil its brief and deliver consistent improvements.

Inspectors examined IQAs for each of the 14 geographical CPS Areas and CPS Direct, up to ten for each advice and ten each for charging and review, and case progression. The most recent IQAs as possible were chosen. In total, 444 IQAs were examined. Six Areas were selected for fieldwork, which took place in November and December 2017. The methodology included analysis of CPS IQA data, focus groups of managers undertaking IQAs, and interviews with senior legal managers, performance managers and CPS Headquarters staff. A survey was conducted of the staff who are subject to IQAs in Areas visited.