Parts of new review procedure ‘extremely unfair,’ Fed disciplinary chief says

The West Midlands Police Federation’s head of discipline has described aspects of the proposed new policing regulations as “grossly unfair” and fears they could undermine the disciplinary system.

Dave Hadley led the branch’s response to a Home Office consultation on the plans, which are part of a wider review of police redundancies.

He stressed that the proposed regulations, in their current form, would continue to allow controlling officers in each force to overturn the findings of a misconduct board and effectively fire an officer.

Dave explained: “The problem is that once you receive a sanction for misconduct, the regulations trigger a review.

“When considering discipline for misconduct, part of a committee’s task is to determine whether the officer should remain with the force, whether the public trust can be maintained, and whether the officer is retained.

Misconduct Panel

In doing so, the misconduct panel had the benefit of evaluating all of the elements that were part of the case against the officer and, importantly, hearing live testimony provided by the witnesses.

So when a board issues a sanction that is something less than a dismissal, such as a written warning, it is also effectively indicating that, in its opinion, the officer can safely remain on the force.

“However, the supervisor who carries out the triggered supervisory examination is then free to make a different decision.

“Based on the same facts, but without being able to hear live testimony, they could, for example, believe that the agent demonstrated a lack of integrity and conclude that the agent’s control clearance should be removed. If this occurs, the proposed settlement will result in automatic termination.

“This leaves officers in a completely unsatisfactory position, where reviewers are free to overrule the thoughtful deliberations of a misconduct panel, which is simply unacceptable.

“What’s the point of having a disciplinary procedure that says you can remain an officer, if a controlling officer can later say ‘no, you can’t’ and fire you anyway?”

Publication of proposals on social media platformformerly known as Twitter, Dave said: “Allowing the well-considered decision of a misconduct committee to be overturned by an administrative process on paper is, in my view, grossly unfair and undermines the disciplinary system of the police. »

Dave also highlighted the issue of the unfairness of removal of control authorization due to “adverse information”.

Control authorization

Adverse information, he said, is defined by the proposed regulations as “any information relevant to control that may impact an agent’s inability to hold control authorization.”

Dave said: “The problem with adverse information is that the officer is often not made aware of information that is unfavorable to them, whether because it is protected data or police intelligence.

“So officers are left with the Force saying ‘we can’t tell you the reason for your removal and dismissal, but just trust us’.

“This can’t be true. There must be something that can satisfactorily confirm the truth of the supposed information, even if the officer may never receive it directly.

Dave said the rest of the proposals were “simple and sensible”.

Suspension

“Police officers must be fit and proper to serve, which is why the decision to create a duty of control is absolutely right,” he said.

“Similarly, the proposed regulations create a power of suspension, something that exists today anyway, just in the absence of a regulatory provision that could be considered a legal basis for this suspension, it is therefore again a wise addition. »

“They also proposed adding another avenue of appeal. Those affected would have a final appeal to the Police Appeal Tribunal, which would be welcome as it provides independence which will help to build trust in the process between members.

Dave has submitted his response to the Police Federation of England and Wales (PFEW), who will respond to the Home Office on behalf of all members.