Conduct, Attendance, Performance & Vetting

All Police officers are subject of The Police (Conduct) Regulations 2020 and if you are served with a Regulation 17 Notice, are the subject of an local resolution or are reaching stage one of the Unsatisfactory Performance Procedure then contact your local workplace Fed rep or the Federation Office and speak to the case manager Matt Gould (01603 972590) before making any response.

The case manager will give you advice and then allocate you a Discipline trained Rep to take on your case (click here to view trained Discipline Friends )

Your right to contact the Police Federation should be well understood by management, PSD and the IOPC and is detailed in the Regulation 17 notice that is served on you at the outset of an investigation. As a consequence, you should not be embarrassed, doubtful or hesitant in seeking early advice and intervention as this is the most sensible way to protect your interests, your rights and entitlements and, in appropriate cases, conducting a proper defence.

The Federation has produced a handy guide for all officers to read so they protect themselves and adhere to the standards of professional behaviour and codes of ethics. The guide is below;

Keep You Safe

What To Do If You Are Subject Of A Complaint

The first thing to bear in mind is that the Force is obliged to investigate all complaints no matter how frivolous or vexatious you may feel they are.

In some cases there may be incontrovertible evidence that can exonerate you e.g. CCTV.

Notwithstanding this, the Force will still go through the investigation process. Unfortunately, complaints are part of the job but do remember very few complaints end in formal proceedings.

When you first discover that you have a complaint against you:

DO NOT - say anything or make a written statement until you've sought the advice of the Federation
DO make detailed notes for when you are interviewed; it may be several months before this happens,
AND, where possible, keep copies of PNB, statements or other relevant documents.
If you think that CCTV may exist then inform a supervisor, asking for it to be seized. Document your request. Do not seize it yourself under any circumstances.

In some situations it is necessary or desirable for a response to be made within ten days. If this is the case you should contact a Federation discipline friend as soon as possible.

Your discipline friend will:

Liaise with PSD on your behalf.
Ensure that potential witnesses are seen.
Arrange to meet and discuss with you.
Assist with making any statements.
Arrange an interview date and attend with you.
Your discipline friend will also make any necessary arrangements in the event that you need legal advice. Remember that legal advice is only appropriate if the complaint results in a formal discipline hearing.

Service of Reg 17 Notice

Should you be served with a Reg 17 Notice, you should seek the advice of a Police Federation discipline representative as soon as practicable and certainly before making any response.
You should not be asked any questions by the officer serving the Regulation 17 Notice.
You should sign the notice, keep your copy and provide a copy of your PNB if requested.

Reflective Practice

What is it?

The Reflective Practice Review Process (RPRP) is designed to give officers and line managers an opportunity to discuss where things have gone wrong and to look for ways of addressing issues.
RPRP is not a disciplinary process and it sits above normal management interventions on minor matters.
Matters may be referred directly from managers as well as by way of public complaint or other means.
It is not a misconduct finding and is designed to be a way of dealing with relatively low-level misconduct or performance issues in a proportionate way. This means that RPRP cannot be used to block promotions or job moves

The process

You will be informed that you are subject to RPRP, and this may be in writing.
You will be invited to give your version of events and have five working days to do so.
You may seek advice from a Fed rep/staff association at this stage.
You will be invited to a Reflective Practice Review Discussion with your line manager

The Reflective Practice Discussion

While the Regulations state there is no entitlement to have a Federation representative present during this meeting, it is always worth consideration so as to support you before, during and throughout this process.
This is about being open to learning and the message is clear for those subject to this process that learning where appropriate is and will to be adopted.
However, there is an expectation of engagement - failing to engage could result in formal proceedings.
The discussion will encompass the incident that lead to RPRP, learning, training needs, welfare, and actions moving forward.
It is an opportunity to reflect on what went wrong, or what could go better next time.
Officers can speak freely because matters discussed about the reasons for the Reflective Practice Review Discussion cannot be used in any misconduct proceedings in the future.
If an officer fails to sufficiently engage with the RP process, they may be moved on to the UPP process if appropriate.

The report

After the discussion a report will be completed by the line manager which will be retained and reviewed.
The report will include what was discussed, as well as any actions agreed if any, moving forward.

Final word

Norfolk Police Federation supports the Force in its aim to be an open, tolerant and diverse working environment.

These following types of misconduct are the behaviours that are very likely to end in formal proceedings where dismissal is very likely;

Discriminatory behaviour
Making sexual comments or offering unwanted verbal or physical attention to colleague
Sharing material, for example via social media, that is racist or sexually offensive
Forming relationships with members of the public where that relationship has been facilitated by the position of power held by the staff member and the vulnerability of the member of the public.

Police Barred & Advisory List

The Police Barred List and Advisory List Regulations 2017 require the College of Policing to maintain two lists: the police barred list and the police advisory list.

The barred list holds information on individuals who have been dismissed from policing, including former officers, through the Police Conduct or the Police Performance Regulations and who are barred from serving in policing.

The barred list is published by the College of Policing.

The advisory list holds information on individuals who have resigned or retired during investigations or before an allegation has come to light.

The regulations set out the mechanism by which individuals can be removed from either list. Individuals who have been on the barred list for a period of five years (or three years where their dismissal was related to gross incompetence) will be able to apply to the College of Policing for a review of their barred status.

Individuals on the advisory list will be able to apply for review of their status after five years in all cases. The College of Policing has produced guidance on the process to apply for a review.

Unsatisfactory Performance and Attendance Procedures

The information in this section is based on the Police (Performance) Regulations 2020 and Section 5 of the Home Office Guidance on Professional Standards, Performance and Police Integrity dated 5 February 2020.

Concerns about performance and attendance in the police service should generally be dealt with informally by early intervention and management action. The formal Unsatisfactory Performance Procedure (UPP) should only be used if management action has failed or is considered inappropriate.

Unsatisfactory performance or attendance

This is defined in Regulation 4(2)(a) of the Police (Performance) Regulations 2020 as “an inability or failure of a police officer to perform the duties of the role or rank the officer is currently undertaking to a satisfactory standard or level”.

Gross incompetence

This is defined in Regulation 4(1) of the Police (Performance) Regulations 2020 as “a serious inability or serious failure of a police officer to perform the duties of the officer’s rank or the role the officer is currently undertaking to a satisfactory standard or level, without taking into account the officer’s attendance, to the extent that dismissal would be justified”.

Management action

It is the responsibility of an officer’s line manager to raise any shortcomings or concerns with the individual at the earliest opportunity. Management action procedures are not covered by the Police (Performance) Regulations 2020. There is, however, detailed information in the Home Office Guidance on Professional Standards, Performance and Police Integrity dated 5 February 2020.

Where there is no sustained improvement following management action it may be appropriate to use the formal Unsatisfactory Performance Procedure (UPP) and the procedures set out in the Police (Performance) Regulations 2020.

Unsatisfactory Performance Procedure (UPP)

The Unsatisfactory Performance Procedure (UPP) applies up to and including the rank of chief superintendent. It does not apply to student officers who are governed by locally determined procedures underpinned by Regulation 13, Police Regulations 2003.

There are potentially three stages to the UPP. A meeting is held at each stage. Progress will be made to the next stage in the event that performance issues are not resolved by the previous stage.

At each stage the meeting must consider unsatisfactory performance or attendance which is similar to or connected with the unsatisfactory performance or attendance referred to in any written improvement notice.

Where failings relate to a different form of unsatisfactory performance or attendance it will be necessary to commence the UPPs at the first stage.

At each stage the relevant manager must notify the officer in writing that they are required to attend a meeting. At the time of notification the manager must provide the officer with details of the procedure, an explanation of the reason for the meeting and details of who will be in attendance.

The officer must also be informed of the right to seek advice from a Police Federation representative and of the right to be accompanied by a “police friend”. Regulation 5 of the Police (Performance) Regulations 2020 sets out the role that the police friend may undertake in the proceedings. (For further information on the services of a police friend, contact your Branch Board).

A notification of a meeting must be accompanied by any papers supporting the view that the officer’s performance or attendance is unsatisfactory. Any papers to be relied on by the officer at the meeting must be submitted to the relevant manager before the meeting.

At any stage, if the officer or their police friend is unavailable on the meeting date proposed by the relevant manager, the officer may propose an alternative date and time. This must be accepted provided it is reasonable and within five working days of the original date.

First stage meeting

This meeting will be conducted by the officer’s line manager. At the meeting the officer concerned has the right to make representations in response to the line manager’s assessment of their performance. The officer’s police friend will also have the opportunity to address the meeting, as set out in Regulation 17.

If the finding of the line manager is that the police officer’s performance or attendance has been unsatisfactory, a written improvement notice will be issued as soon as reasonably practicable. The improvement notice will set out how the officer is required to improve on their performance and the period within which the improvement is required to be made. The notice must also inform the officer of their right to appeal and the procedure for doing so.

A written improvement notice is valid for a period of 12 months beginning with the date of the notice.

Second stage meeting

Where at the end of the time scale specified at the first stage meeting, the police officer’s performance is found not to have improved to an acceptable standard, the officer will be required to attend a second stage meeting.

Regulation 24 also provides that an appropriate authority may require a second stage meeting to be held, in circumstances where there has not been a first stage meeting, where a matter has been referred under the Conduct Regulations to be dealt with under the Performance Regulations.

The meeting will be conducted by the second line manager. As in the first stage meeting, the officer concerned has the right to make representations in response to the assessment of their performance and the police friend will also have the opportunity to address the meeting. Where the second line manager finds that the officer’s performance or attendance has not been satisfactory, a final written improvement notice will be issued. The notice must also inform the officer of their right to appeal and the procedure for doing so.

A final written improvement notice is valid for a period of 12 months beginning with the date of the notice.

In the case of an improvement notice and a final improvement notice, the period allowed for improvement will normally be three months and should not exceed twelve months. Satisfactory performance must be maintained for a twelve-month period to avoid the next stage of the process. These periods may be extended if the appropriate authority deems it appropriate to do so.

In any case in which an improvement notice is given, there should be an action plan which should help the officer achieve and maintain the required improvement. This should be agreed by the member and line manager. It should identify in what respect the officer’s performance or attendance is considered unsatisfactory, describe the steps the member must take to bring it up to an acceptable standard, specify the period in which improvement is expected to be made and the validity period of the improvement notice.

Third stage meeting

Where at the end of the period specified in the final written improvement notice, an assessment is made that the police officer’s performance or attendance has not improved to an acceptable level, the officer will be required to attend a third stage meeting conducted by a three-person panel.

The chair of the meeting will either be a senior officer or senior HR professional. At least one panel member must be a police officer and one must be an HR professional. None of the panel members should be junior in rank to the police officer concerned. Under Regulation 35, the officer can object to the appointment of a panel member. If an objection is upheld the panel member will be replaced.

Where the panel conducting the stage three meeting deems that the officer’s performance or attendance has continued to be unsatisfactory the possible outcomes are:

Redeployment (which may involve a reduction in rank).
Reduction in rank (performance only) with immediate effect.
Dismissal with a minimum of 28 days’ notice.
Extension of a final written improvement notice (this will occur only in exceptional circumstances and the period cannot be extended more than once).

Gross incompetence

When the appropriate authority:

Considers that the performance of the police officer constitutes gross incompetence.
Accepts a recommendation under the Police Reform Act 2002 relating to the outcome of an investigation of a complaint, or
Has a duty under the 2002 Act to comply with a direction to that effect,

meetings at Stage 1 and 2 will be omitted and the officer will be required to go straight to a third stage meeting.

This stage will still be referred to as Stage 3. This is only for instances relating to performance matters and is not applicable for attendance issues, which must follow the full three stage process.

An appropriate authority’s consideration of performance as gross incompetence is envisaged to be initiated by a single act. It is not envisaged that it would be in response to a series of acts over a period of time.

Where an officer is required to proceed straight to a Stage 3 meeting, without the inclusion of Stage 1 or 2 in the procedure, they have the right to legal representation.

While the officer has the right to seek legal advice at any time in the UPP, this is the only time that the Police (Performance) Regulations 2020 convey the right to legal representation. In all other circumstances under the regulations, they may only be represented by a police friend.

Where the panel finds that the performance of the officer constitutes gross incompetence the possible outcomes are:

Redeployment
Reduction in rank with immediate effect
Dismissal without notice
Issue of a final written improvement notice

Appeals

The officer concerned may appeal against the outcome of the first and second stage meetings. Regulations 19 and 27 set out the details of how this appeal should be made. An appeal from a first stage meeting will be considered by the second line manager. An appeal from a second stage meeting will be heard by a senior manager.

At Stage 2, there is a further ground for appeal in addition to those available of appeal under Stage 1. The officer may appeal on the grounds that they should not have been required to attend the second stage meeting as it did not concern the unsatisfactory performance referred to in the written improvement notice.

Following a third stage meeting, where this stage had been preceded by Stage 1 and 2, an officer has a right to appeal to a PAT against the findings and/or the following imposed outcomes:

Dismissal
Reduction in rank.

Where the case has been dealt with at Stage 3 without having progressed through Stage 1 and 2, an officer has a right to appeal to a PAT against the findings and/or the following imposed outcomes:

Dismissal
Reduction in rank
Redeployment
The issue of a written improvement notice or final written improvement notice

Finding of satisfactory performance or improvement in performance

With the exception of cases that are dealt with only at Stage 3, the purpose of each stage is to determine whether the officer’s performance is satisfactory. Where the performance is deemed to be satisfactory, the regulations set out at each stage the notification that the officer should receive following the meeting.

Police Vetting

All police officers have vetting at different levels depending on the post or role they perform. As a result of a move, promotion or after any form on conduct/complaint investigation your vetting will be reviewed and re-assessed.

Please make contact with the Federation if you are being required to attend a vetting interview/meeting. We will be able to attend with you if you wish and offer you appropriate advice.

Helpful Guides

Police Vetting Regulations 2025

Home Office Guidance - Police Vetting 2025

College of Policing APP/Codes of Practice - Police Vetting

Police Conduct Regulations 2020

Police Performance Regulations 2020

Home Office Guidance - Misconduct, UPP & UAP updated 2020

College of Policing Guidance on outcomes at police misconduct proceedings

Dismissed officers - Applying for name to be removed from Police barred list