Fed rejects 'politically-motivated' calls for conduct reforms

26 May 2023

A draft Bill which proposes sweeping changes to conduct and disciplinary regulations is ill thought-out and based on a partial understanding of the law, according to West Midlands Police Federation conduct lead Dave Hadley.

The Police Reform (Performance and Disciplinary) Bill has been published by Labour MP Harriet Harman and London Mayor Sadiq Khan who have written to Home Secretary Suella Braverman calling for a complete overhaul of the regulations.

They want to see the automatic dismissal of any serving officer who is convicted of a serious criminal offence and the automatic suspension of an officer charged with a serious criminal offence.

They also propose handing chief constables the power to reopen old misconduct investigations.

In their joint letter to the Home Secretary the pair say their Bill has the support of Labour, Conservative and Liberal Democrat MPs.

Former Justice Secretary Ms Harman described the current procedures for disciplining and dismissing police officers as “not fit for purpose”.

But the Police Federation warned the Bill would put members at the mercy of “a politically motivated mechanism which is both arbitrary and creates bad law” and said policing should never be undermined in this way and used as a political football.

Branch conduct lead Dave Hadley

And Dave warned the proposals would simply hand undemocratic powers to chief officers under the guise of reform.

He said: “This is an ill thought-out Bill which, disappointingly, appears to be based on a partial understanding of the law. 

“If these reforms are enacted they will result in the further erosion of our members’ reasonable expectation of fair and equitable treatment within policing processes which, in the absence of employment rights, is the very minimum they should be entitled to expect.”

Dave suggested calls for automatic dismissal were little more than a knee-jerk reaction to recent events and were aimed at grabbing headlines and the political limelight.

He said: “In my view, this is simply not an issue because 99.9 per cent of police officers convicted by the criminal courts are subsequently dismissed under the fast-track Accelerated Hearings process.”

Dave said one particular area of concern was a proposal to make it an officer’s “duty to handover” their personal mobile phone.

“Police officers up and down the country will feel that this is a step too far,” he said.

“They are deeply unhappy about the perceived incursion into their already-qualified private lives.

“This may be the straw that breaks the camel’s back for many experienced officers who are already considering looking elsewhere for employment.”

Harriet Harman and Sadiq Khan have proposed sweeping reforms

Dave also questioned the timing of the political intervention by Ms Harman and Mr Khan.

He said: “Why is this Bill being introduced now? Why propose it before the Home Office review into police discipline – which has involved a full consultation with stakeholders - publishes its recommendations at the end of the month?”

Branch chair Rich Cooke said the Federation was dismayed by the contents of the draft Bill.

He said: “The West Midlands branch board is united in its response to these unwarranted, politically-motivated attacks on hardworking police officers by sanctimonious politicians who clearly lack any grasp of the detail and fail to apply the same standards to themselves. 

“We hope Parliament roundly rejects these ill-conceived proposals.”

The Police Federation said policing was in crisis and that its members needed cross-party support in their fight for fair pay, working conditions and employment rights.

It said it was “actively engaging” in the ongoing Home Office review into the process of police officer dismissals, which is examining various aspects of the decision-making.

In February, it submitted detailed evidence to the review to ensure it “reflects the correct state of affairs” and suggests “robust reforms”.

It warned that cultural reform and service-wide change must not be brought in by giving sweeping, uncontrolled powers which would allow police chiefs to dismiss officers without following due legal process.

It accepted the need for change in police recruitment, vetting, training, standards and leadership but insisted any reform  must be fair, considered and backed by proper evidence rather than conjecture.

The Police Federation has also been demanding a Royal Commission on policing to evaluate and define the role, purpose and responsibility of the police by engaging members of the public.