Federation: “This judgement has eliminated fairness from Disciplinary proceedings and contributes to the erosion of members’ rights.”

22 August 2023

Proposed reforms of the police conduct process are unnecessary given that officers are already bound by fair and effective processes, Sussex Police Federation has said.

Raffaele Cioffi, Federation Conduct and Performance Lead, was speaking after Metropolitan Police Commissioner Sir Mark Rowley called for changes to the system that has been in place since 2016.

This month’s High Court ruling regarding Victor v Chief Constable of West Mercia Police - where a probationary officer who was found guilty of misconduct and received a final written warning was subsequently sacked from policing as her vetting was removed – has also caused concern.

Raffaele said: “This judgement is clearly a concern for members and has come in direct conflict with the only protection officers have, The Police Regulations. This judgement has eliminated fairness from Disciplinary proceedings and contributes to the erosion of members’ rights.

“The circumventing of Police Regulations – frankly – looks like a power grab by Chief Constables…  to dismiss officers without the appropriate checks and measures of well tested evidence that lies at the heart of the Misconduct proceedings.

“Fairness must be paramount. Sussex Police Federation will continue to guard against this tactic and make sure that fairness is upheld."

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.

Mr Rowley wrote in The Times earlier this month: “I’m leading the strongest doubling down on standards in 50 years, but to deliver the far-reaching reform the public rightly expect to see I need others to do more. I have been consistent in calling on the government to reform police misconduct processes, so that police chiefs can be more decisive in dismissing rogue officers and restoring public confidence.

“The honest majority of our officers share my determination to relentlessly focus on identifying and removing those who let us all down and cause untold damage to public trust. But the final say on dismissals doesn’t sit with me or other chief officers but with external panels led by lawyers known as legally qualified chairs.”