Government accepts move to change misconduct case threshold
28 October 2025
West Midlands Police Federation’s calls for police officers who use force to only face conduct proceedings if their actions meet the threshold for criminal proceedings have been accepted by the Government.
This means the test for use of force conduct cases will be raised to ‘beyond reasonable doubt’ in line with the criminal standard. The change is expected to come into effect in spring 2026.
The move has been welcomed by Tim Rogers, secretary of West Midlands Police Federation which submitted a paper calling for a review of the threshold almost two years ago.
“We have long argued that the threshold for misconduct and gross misconduct is too low, leading to perverse, lengthy and expensive misconduct enquiries that then result in outcomes below that of even a written warning,” Tim explained.
“We submitted a case for this aspect on the evidence to be reviewed and changed to a more appropriate level.
“There were just too many misconduct cases leading from criminal proceedings in which the officers were acquitted, or the case simply failed to reach the threshold for continuance at ‘half time’.
“The Independent Office for Police Conduct was then using the low threshold to continue with gross misconduct only to waste more resource, while the officer remained suspended, to deliver a no case to answer or a minimal sanction based on the ‘indication’ that the officer ‘may’ have done something wrong.
Submissions
“We are pleased to hear that the Government has listened to our submissions on this, and that this new threshold will now be used.”
Addressing the House of Commons last Thursday (23 October), the Home Secretary Shabana Mahmood, who is also the MP for Birmingham Ladywood, announced the findings of the Police Accountability Rapid Review, an independent report commissioned by the Government in October last year.
The review examined two key legal issues:
- Whether the legal test for use of force in police misconduct cases should be raised from the civil to the criminal standard; and
- Whether the threshold for determining a short-form conclusion of unlawful killing in inquests should revert from the civil to the criminal standard of proof.
It concluded that the current legal framework has created confusion, inconsistency, and a chilling effect on police morale, particularly among firearms officers.
Review recommendations
The Government accepted the review’s recommendations that the criminal law test should be used for use of force in misconduct cases and that it carry out a public consultation on the standard of proof in inquests.
Ms Mahmood said: “Police officers have an exceptionally demanding role. They have to run towards danger, tackle dangerous criminals and put their lives on the line to keep the public safe.
“We are determined to ensure both that officers are supported in making difficult decisions in the line of duty and that we have robust and transparent systems of accountability. We are committed to a policing system that commands public confidence and protects those who serve with integrity and professionalism.
“Police officers need to be confident they can act decisively in challenging situations. Anything that undermines this confidence affects their ability to protect the public. This uncertainty is neither fair on them, nor in the public’s interest.”
Standards
She added: “This will not water down standards or make officers less accountable. Any officer falling below the standards we expect has no place in policing, and we have brought in measures to ensure they are swiftly dismissed.
“Hesitation and second-guessing can cost lives, and this Government will do everything we can to make our streets safer.”
The changes will require amendments to the Police (Conduct) Regulations 2020 and the Government will first consult the Police Advisory Board for England and Wales, as required by statute.
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