Background

The review comes in the wake of the high profile case of David Carrick, which many may feel has further eroded public confidence in policing.

The launch of the new dismissal process follows after:

• the Angiolini Inquiry into the issues raised by the conviction of a then serving officer for the murder of Sarah Everard
• Baroness Casey’s interim report into the culture and standards at the Metropolitan Police Service. The raised concerns about the low number of police officers being dismissed and that those with multiple allegations of misconduct against them are still serving the public
• the IOPC’s Operation Hotton investigations into discrimination, misogyny, harassment and bullying at Charing Cross station.

The review aims to ensure that:

• the process is fair and effective
•  the public can be confident that those falling far short of the high standards expected of them can be removed from policing.

The review will be led internally by the Home Office’s Police Integrity Unit and is expected to be completed in approximately four months.

Terms of reference 

The review seeks to:

1. Understand the consistency of decision-making at both misconduct hearings and accelerated misconduct hearings – particularly in cases of discrimination, sexual misconduct and violence against women and girls.
2. Assess whether there is disproportionality in dismissals and, if so, examine the potential causes.
3. Establish any trends in the use of sanctions at both misconduct hearings and accelerated misconduct hearings – in particular the levels of dismissals.
4. Review the existing model and composition of misconduct panels, including:
   
   i. assessing the impact of the role of legally qualified chairs
   
   ii. review whether chief officers should have more authority in the process (including whether the chief officer should take the decision to dismiss with protection for the officer provided by way of a right of appeal to the Police Appeals Tribunal and consideration of when barring occurs)
   
   iii. review the legal/financial protections in place for panel members.
   
5. Ensure that forces are able to effectively use Regulation 13 of the Police Regulations 2003 to dispense with the services of probationary officers who will not become well-conducted police officers.
6. Review the available appeal mechanisms for both officers and chief officers, where they wish to challenge disciplinary outcomes or sanctions, ensuring that options are timely, fair and represent value for public money.
7. Consider the merits of a presumption for disciplinary action against officers found to have committed a criminal offence whilst serving in the police.
8. Review whether the current three-stage performance system is effective at being able to reasonably dismiss officers who demonstrate a serious inability or failure to perform the duties of their rank or role, including where they have failed to maintain their vetting status.

As well as these specific terms of reference, policing stakeholders are invited to submit evidence on the broader effectiveness of the disciplinary and performance systems for consideration outside of the review.

The Home Office will seek evidence from relevant policing stakeholders to establish if there is a case for further changes to legislation and/or guidance. It is intended that specific proposals for any such changes will be developed by the end of the 4-month review period and subsequently implemented through primary or secondary legislation, or through updated guidance. Implementation will be preceded by any formal consultation that may be required.

Evidence will be obtained by, amongst other things:

• a request for evidence from policing organisations
• a data request from police forces in England and Wales
• the analysis of data, including from police forces and stakeholders.

The review builds on steps already being taken across policing to try to root out corrupt or criminal individuals, including proactive investigations and changes to vetting and misconduct processes. It is an important opportunity for forces to share their experiences of the police officer dismissal process and, if appropriate, seek root-and-branch legislative change to ensure there is an effective process that helps to deliver public confidence in policing and reaffirm the principle of policing by consent.

How Capsticks can help

Capsticks advises on police conduct matters to appropriate authorities. We advise on all aspects of conduct matters including severity assessments, disclosure, evidence and the presentation of cases at pre hearings and final hearings.

We are experienced in advising police clients on interpreting and implementing officer terms and conditions contained within the Police Regulations 2003 and supporting forces to manage the performance and attendance of officers and staff. We have significant experience in supporting employers prevent discrimination and harassment, including by drafting equality and diversity policies, codes of conduct and delivering training to employees at all levels. We also help organisations deal with any complaints that may arise by conducting investigations, supporting decision makers and HR, and defending any employment tribunal claims.

If you would like access to advice, training or need further guidance on police or staff misconduct and grievance procedures involving discrimination (either generally or in relation to a specific case) please contact Anna Semprini, Louise Ravenscroft or Paul McFarlane.