Officers must have confidence in fair hearing, says conduct lead

13 April 2023

West Midlands Police Federation conduct lead Dave Hadley has rejected claims that chief constables should have “the final word” on decisions to sack officers and staff.

Dave warned members could be left exposed to unfair treatment under proposed changes to the disciplinary process and insisted police chiefs already had the necessary powers to remove officers from their forces. 

He spoke out after West Midlands Chief Constable Craig Guildford, who is professional standards lead on the National Police Chiefs’ Council (NPCC), urged reform.

Mr Guildford said: “We feel that the chief constable as the employer, as the standard-setter, needs to have that final word and that needs to be done expeditiously.

“But this isn’t just about making sure that it’s easy to dismiss officers at all because each officer and staff member needs a fair hearing and it’s important that that is remembered.”

Mr Guildford was speaking after Met chief Sir Mark Rowley complained it was “nonsensical” he did not have the power to sack staff and warned his Force has still employed “hundreds of people who shouldn’t be here”.

But his views drew a strong response from Dave who said members deserved to have confidence in a fair hearing if accused of misconduct.

He said: “I fundamentally disagree with the Chief Constable on this. It should be unpalatable to even consider removing independence from a process that can lead to dismissal,  public disgrace and restricted future employment opportunities simply because that independence has become inconvenient.

“The Home Secretary refers to ‘bureaucracy and unnecessary processes’ but to those with limited employment rights, they are the essential safeguards of a fair hearing.”

Dave insisted regulations enabling chief constables to dismiss officers were already in place and said ensuring Professional Standards Departments (PSD) were fully-functioning and fit-for-purpose should be a top priority.

“I’m getting tired of pointing out that despite what the National Police Chiefs’ Council would have everyone believe,  chief constables already have a full range of powers under regulations and applicable guidance to ‘exit’ officers from their forces,” he said.

“The answer is to properly staff PSDs and ensure they fairly and expeditiously apply the regulations and hold them to account when they don’t. 

“Perhaps the chiefs could join the Police Federation in its calls to put time limits on misconduct cases which would then create impetus in PSDs.

“As a profession, we are entitled to expect a fair, transparent, independent process, chaired by National Association of Legally Qualified Chairs (NALQC) members - a process to which those most affected can have confidence in a fair hearing.”

In mid-January, the Home Office announced a review of current disciplinary arrangements for forces, to assess if they were both “effective” and “efficient at removing officers who fall far short of the high standards expected of them”.

Under existing procedures, officers and staff accused of the highest-level gross misconduct go before tribunals headed by independent LQCs, which can issue sanctions short of dismissal even if the Force wants the individual sacked.

Chief constables can dismiss officers in limited circumstances, known as the fast-track procedure, such as when officers have already separately been convicted of a serious criminal offence.

Mr Guildford said any final decision on changes to the existing system was ultimately “for the Home Secretary to consider”.

Results of the review are expected to be published by the Home Office in the coming weeks.