New vetting code ‘undermines Police Conduct Regulations’

26 July 2023

Hertfordshire Police Federation has warned a revised vetting code of practice could see members dismissed “on a whim” with chief constables being given powers to override existing Police Conduct Regulations.

Branch secretary Al Wollaston said important safeguards designed to protect police officers in the absence of normal employment rights were at risk under the new vetting rules.

He said some of the provisions contained in the new code of practice laid before Parliament last week would enable chief constables to dismiss officers without going through the proper processes and mechanisms of dismissals. 

The rules were reviewed by the College of Policing in response to a series of high-profile scandals involving serving officers.

But Al said there were real concerns that the revised code opened a backdoor route through which rank and file officers could potentially be sacked on a whim.

He said: “We have already had a couple of cases where members have received final written warnings after misconduct hearings but then failed vetting.

“This gives chief constables two bites of the cherry which is grossly unfair.

“The changes to the vetting code of practice have undermined the processes and protections contained within the Police Conduct Regulations and pretty much make them no longer fit for purpose.

“We fully understand the need for a robust and effective system to keep unsuitable candidates out of the police service but that cannot come at the expense of tried and tested conduct procedures which have to be kept fair and transparent.”

Revised vetting rules could undermine misconduct procedure

Existing disciplinary procedures ensure an independent panel with a Legally Qualified Chair (LQC) considers allegations made against an officer and hears all the evidence, witnesses statements and mitigation before arriving at a conclusion.  

The officer and the Force each have appeal routes if they wish to challenge the outcome but Al warned that process was now under threat.

He said: “The vetting changes mean that following the legally considered decision, a Force vetting manager rather than an LQC will be able to make their own subjective assessment of the same facts, remove the officer’s vetting status and leave them subject to dismissal proceedings all over again.  

“Any ‘appeals’ would be considered by a panel which could include a member of the professional standards department that sought to bring the original conduct proceedings in the first place.

“That is not fair, transparent or reasonable and means the conduct regulations are no longer fit for purpose.”

Police Federation national conduct and performance co-lead Melanie Warnes, said: “We support stringent vetting of officers to identify and remove undesirable individuals from the police service.

“However, this does not mean existing Police Conduct Regulations, which have been established following a democratic process, should be outrightly undermined and the authority of independent Legally Qualified Chairs bypassed.”

Conduct and performance co-lead Phil Jones added: “Police officers must have confidence that they have the right to fair and transparent disciplinary processes to ensure individual bias does not govern or influence decisions which have serious consequences on an individual’s career and wellbeing.

“We have requested and await the College of Policing to share the Equality Impact Assessment to ensure no group of officers are unjustifiably disadvantaged by the revised code.”