“Government changes to the format of police misconduct proceedings are a complete contradiction to what fairness and independence stand for”

1 September 2023

Greater Manchester Police Federation Chair Mike Peake looks at proposed significant changes to the police officer dismissal process.

“In 2004 the Home Office established the Independent Police Complaints Commission (IPCC), now known as the Independent Office for Police Conduct (IOPC), as a means to increase public confidence in the police complaints procedure. Police forces at the time were being criticised for investigating their own, and there was a need for an independent oversight which the IPCC fulfilled.

“True independence, when carried out properly breads confidence, yet 19 years on we are now to see the implementation of Chief Officers chairing their own misconduct proceedings.

“Under the reforms – announced by the Home Office at the end of August - a finding of gross misconduct will automatically result in a police officer’s dismissal, unless exceptional circumstances apply.

“Chief Constables will return to chairing misconduct panels and will be handed greater powers to decide whether officers should be dismissed and will be given a right to challenge decisions.

“Legally qualified chairs (LQCs) have been removed from their position and will instead be legally qualified persons (LQPs), providing independent advice.

“The outcome will be determined by a majority panel decision and hearings will continue to be held in public to maintain transparency.

“The Home Office describe the new format as being independent, but the reality is we are seeing a return to police chiefs marking their own homework.

“The long thought out reform in 2020, that made changes to the Police Conduct Regulations, provided police chiefs the opportunity to accelerate incontrovertible gross misconduct cases, intending to dismiss officers for serious wrong doing. With many other gross misconduct cases progressing to a misconduct hearing, chaired by an Independent Legally Qualified Chair (LQC).

“These fairly recent changes – LQCs were introduced in 2015/16 by Theresa May - in my view are already fit for purpose, as they provide real options to police chiefs, and when used properly provide fairness and independence to the officers concerned. What we may now see, with the impending changes, is a step back towards what can only be described as kangaroo courts rather than a step forward and positive reform.

“No police officer wants to work alongside a ‘rogue officer’, but not every officer who is the subject of a disciplinary investigation or proceeding fits that description.

“Police officers carry out an incredibly difficult job, constantly making split second real time decisions, which when forensically examined by others in the following days and months can sometimes lead to criticism. Officers who sometimes get things wrong for the right reasons deserve the support and backing from their police chiefs.

“Officers must have confidence that they have access to a fair and transparent disciplinary process to ensure individual bias does not govern or influence decisions which have serious consequences on an individual’s career and wellbeing.

“Any reform of the police must not come at the expense of due process for officers subject to conduct procedures.”