New vetting code could ‘undermine Police Conduct Regulations’

26 July 2023

West Mercia Police Federation has warned that a revised vetting code of practice could render existing Police Conduct Regulations unfit for purpose.

Branch conduct lead Lesley Williams said the 2020 regulations included important safeguards which could be bypassed if chief constables were given sweeping new powers.

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

But some of the provisions contained in the new code of practice laid before Parliament last week allow chief constables to dismiss officers without going through processes and mechanisms of dismissals. 

And there are fears that this opens a veiled backdoor route through which Forces could potentially dismiss rank and file officers on a whim.

Lesley said: “I fully support and understand the need for robust vetting procedures having come from an Anti Corruption/Professional Standards background. 

“Nobody disputes that vetting procedures are crucial in identifying those who are unsuitable for policing but this goes hand in hand with recruitment standards and robust supervision of our staff.”

But she added: “The removal of an officer’s vetting status that leads to dismissal after a misconduct process has deemed them suitable for employment and has not dismissed them is deeply concerning.

“The Police Conduct Regulations are a significant piece of legislation that allows forces to robustly deal with conduct that is deemed so serious that dismissal would be justified.  

“The discipline procedures quite rightly include essential protections for officers, noting of course that we have significantly fewer employment rights than any other ‘employee’.

“The changes to the vetting code of practice undermines the process and protections in their entirety.”

There are fears the misconduct process could be undermined by new vetting rules

Existing disciplinary procedures ensure an independent panel with a Legally Qualified Chair (LQC) considers the 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 has appeal routes if they wish to challenge the outcome but Lesley warned this system was now under threat.

She said: “The vetting changes mean that following the legally considered decision, a Force vetting manager, not an LQC, can now 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.  

“There is no appeal of the decision to remove vetting to a truly independent panel such as the PAT.  

“Vetting ‘appeals’ are considered in Force by a panel which will often include a member of the professional standards department that sought to bring the original conduct proceedings.  

“This does not encourage confidence in the system and does not offer the same transparency and public interest as the discipline procedures.  

“It is simply cutting across a legal process with a management decision.  How is that remotely fair or reasonable?  If this stands then the conduct regulations no longer serve their purpose.”