Federation: “We get the sense of a presumption of guilt until proven innocent. What we want when it comes to conduct is a fair process”

31 August 2023

Government reforms which aim to “make it easier for Police Forces to sack Police Officers”, will stop officers accused of misconduct being part of a fair and just process, Kent Police Federation has said.  

Under the new rules being drawn up, Chief Constables will be put back in charge of disciplinary panels, replacing independent legally qualified chairs (LQCs). The reforms will also mean that officers who fail to keep their vetting status up to date will be automatically axed from their posts.

Neil Mennie, Chair of Kent Police Federation, said: “Relatively recently an overhaul of the police misconduct regulations saw the very sensible introduction of legally qualified chairs that assured a level of independent and sensible assessment that was welcomed across the board including by senior police leaders some of whom have now changed their minds.

“This does rather look like ‘we don’t like the answer’ and appears to be a somewhat draconian step backwards. No system that tests and weighs evidence will necessarily result in an outcome that will please everybody. It remains the case that there will always be some individuals that have no place in policing and rightly they should be exited soonest. There is already a mechanism to do this in the form of special case hearings but this appears to have not been overly mentioned in some quarters.

“There is already a substantial hearing backlog and I am not convinced that a CC diary will be particularly free for what can be a lengthy and complex process. Then of course is the vetting element that is being strengthened as a sort of belt and braces approach just in case the hearing still doesn’t produce the answer and in one particular force, is already being applied on a historical basis to remove officers for ‘gross incompetence’ (whatever that is in this context) to get rid of them.”

Legally qualified chairs were introduced under changes to the Police (Conduct) Regulations made in 2015, to replace senior police officers as the chairs of misconduct panels to make the process more transparent, independent and fairer. Legally Qualified Chairs are individuals who remain independent of the police in order to provide fair and impartial oversight of these hearings.

Neil added: “There is a nasty contaminant in the water and it’s spreading with a worrying shift in presumption for officers who find themselves in the misconduct arena. Fairness is what should be expected and delivered and as ever hitting everyone over the head for the actions of a minority does nothing to support morale and confidence.

“What will likely follow is a procession of litigation and police appeal tribunals that inevitably must happen although who would be surprised if hearings become the end of proceedings before too long. What a great advert for those in or thinking of joining the profession where it wouldn’t be a surprise if you leave the nick feeling guilty as a precaution.”