Complaints & Misconduct

Question 1

Misconduct

Answer 1

A breach of standards of professional behaviour that is so serious as to justify disciplinary action (i.e. at least a written warning).

Misconduct below this level of seriousness must be dealt with via the Reflective Practice Review process.

Question 2

Gross Misconduct

Answer 2

A breach of standards of professional behaviour that is so serious that a dismissal would be justified.

Question 3

Unsatisfactory performance or attendance

Answer 3

The inability or failure of a police officer to perform the duties of their role or rank to a satisfactory standard or level.

Question 4

Police Barred List & Police Advisory List Regulations 2017

Answer 4

Police Barred List
*Maintained by CoP
*Publically searchable
*Prevents police forces / bodies from employing staff / special constables / officers who had been dismissed in relation to conduct or performance.

Police Advisory List
*Not publically available
*Contains names of police officers / staff / special constables who either resign or retire whilst under investigation for conduct matters; and also the names of designated volunteers whose status has been withdrawn.

NOTE: Officers who have retired or resigned can still be subject to investigation and disciplinary proceedings.

Question 5

Standards of Professional Behaviour
Police (Conduct) Regulations 2020

Answer 5

Apply to all officers, special constables, and suspended officers:

(1) To act with honesty and integrity, and not compromise or abuse their position of authority.
(2) To display self-control, respect, courtesy, and tolerance. To not abuse their power and authority. To respect the rights of all individuals.
(3) To behave with fairness and impartiality, without discrimination. To not discriminate unlawfully or unfairly.
(4) To only use force where it is necessary, proportionate, and reasonable to do so in all the circumstances.
(5) To give and carry out lawful orders and instructions abiding by police regulations and force policies. To abide by police regulations, force policies, and lawful orders.
(6) To carry out duties diligently and responsibly. To give appropriate co-operation during investigations, inquiries, and formal proceedings. Participating openly and professionally in line with expectations of a police officer when identified as a witness.
(Officers under investigation do have the right to silence).
(7) To treat information with respect - only accessing or disclosing it in the proper course of police duties.
(8) To present themselves as fit to carry out their duties and responsibilities.
(9) Not to behave in a manner that discredits the police service or undermines public confidence whilst either on or off duty. To report any criminal action or court action taken against them, any conditions imposed by a court, or any penalty notice they have received.
(10) To challenge, report, or take action against any improper conduct by colleagues, that has fallen below the standards of professional behaviour.

Question 6

Recordable Conduct Matters
Police Conduct Regulations 2020

Answer 6

(1) Alleged conduct has resulted in death or serious injury
(2) A member of the public has been adversely affected.
(3) Serious sexual offence.
(4) Serious assault.
(5) Serious corruption (includes abuse of position for a sexual purpose or improper emotional relationship).
(6) Criminal offence or behaviour which would amount to misconduct (only) but is aggravated by discrimination on a protected ground.
(7) A relevant offence.
(8) The gravity or exceptional circumstances of the conduct make it appropriate to record the matter.

Question 7

The Appropriate Authority

Answer 7

For proceedings against a Chief Officer (inc. Acting Chief):
The local policing body i.e. the PCC.
(Mayor’s Office for MetPol / Court of Common Council for CoLP).

For proceedings against a Senior Officer:
The Chief officer of police - who can delegate any of their functions
in either a recordable conduct matter or complaint
to another senior officer or police staff equivalent.

For any other matter:
The Chief officer of police - who can delegate any of their functions to either an INSPECTOR (or above) or police staff equivalent.

Question 8

Complaint

Answer 8

Dissatisfaction with a police force made by (or on behalf of)
a member of the public
concerning either the conduct of an individual
or an organisational matter (e.g. a force policy).

Question 9

Conduct Matter

Answer 9

Any matter which is not (or has not) been the subject of a complaint, where a person in the police service may either have
*committed a criminal offence
*behaved in a manner that would justify disciplinary action.

Question 10

Death or Serious Injury matters

Answer 10

Any situation where a person has died or suffered serious injury in circumstances where the person was either:
*Under arrest
*In detention
*Had been in contact with police
And the matter had not arisen from a complaint
Nor amounted to a conduct matter.

Serious Injury =
*Fracture
*Deep cut or laceration
*Damage to internal organ
*Impairment of any bodily function.

Question 11

Appeals - timing

Answer 11

A police officer has the right to appeal against either
the finding or the outcome imposed
at the misconduct meeting or hearing
by giving written notice to the appropriate authority
within 7 working days (commencing the day after the meeting)
unless extended by the appropriate authority
for exceptional circumstances.

Question 12

Appeals - grounds

Answer 12

(1) The finding or outcome imposed was unreasonable
(2) There is evidence that could not reasonably have been considered at the misconduct meeting that could have materially effected the finding or outcome.
(3) There was a serious breach of procedure or other unfairness that materially affected the finding or outcome.

Question 13

Appeals - authority

Answer 13

MEETING: The appeal must be heard by an officer
(or police staff equivalent) who is of a higher rank (or more senior) than the officer / staff who presided over the misconduct meeting.

HEARING: The Police Appeals Tribunal

SENIOR POLICE OFFICERS will submit ALL appeals
(whether following a meeting or hearing)
to the Police Appeals Tribunal

Question 14

Appeals - documentation

Answer 14

(1) Notice of appeal
(2) Record of misconduct meeting
(3) All documents presented at the misconduct meeting
(4) Any additional evidence submitted in support of the appeal

Question 15

Appeals - Process

Answer 15

(1) Determine whether there are arguable grounds for the appeal
NO: Dismiss appeal & explain reasons
YES: Arrange appeal hearing within 5 working days

(2) If officer requested to attend appeal - arrange a meeting (police friend also permitted to attend. If officer subsequently fails to attend the appeal can proceed in their absence.

(3) Consider grounds for the appeal and determine whether to
UPHOLD the decision
OVERTURN the decision
REDUCE the outcome imposed
INCREASE the outcome imposed

Question 16

Police Friend - entitlement

Answer 16

Police officers have the right to both consult with
and be accompanied by a Police Friend at all stages of both
Misconduct and / or Performance proceedings.

The role of PF can be performed by a police officer, police staff member, or person nominated by the police staff association.

The PF will be on duty when performing their role, and a reasonable amount of duty time will be permitted. Nominated persons can refuse to perform the role of PF and will be unable to act as PF if they are involved in the case.

Question 17

Police friend - functions

Answer 17

(1) Accompany the officer at interviews, meetings, and hearings
(2) Advise & confer with the officer at all stages.
(3) Submit reasons & supporting evidence of either insufficient grounds or procedural irregularities to which the authority must consider and respond
(4) Make representations to the appropriate authority regarding any aspect of the misconduct or performance proceedings.
(5) Represent the officer at misconduct / performance meetings / hearings where they can put forward / sum up the officer’s case, respond to any views expressed, make representations, and ask questions of the witnesses (at discretion of the authority).

If the officer elects to be legally represented, the role of the police friend is restricted. The police friend will still be permitted to attend hearings / meetings and consult with the officer but not perform the other representation functions outlined above.

Officers have the right to legal representation at
*Misconduct hearing (including accelerated misconduct hearing)
*Third stage performance meeting dealing with gross incompetence

Question 18

Accelerated Misconduct Cases
Part 5 Police Conduct Regulations 2020

Answer 18

Accelerated misconduct cases can be used when:
(1) The Appropriate Authority certifies that the Special Conditions are satisfied.
OR
(2) The IOPC has given a direction.

Question 19

Accelerated Misconduct Cases
“Special Conditions”

Answer 19

(1) Sufficient incontrovertible evidence that of itself proves (on the balance of probability) that an act of gross misconduct has taken place.
(2) It is in the public interest that the officer ceases to be a member of the police forthwith.
If BOTH steps are satisfied then the Appropriate Authority will (unless they consider it inappropriate in the circumstances)
(a) Sign a Special Conditions Certificate
(b) Make a referral to an Accelerated Misconduct Hearing
(c) Supply information to the officer

Question 20

Accelerated Misconduct Hearings
Information provided to the officer

Answer 20

(1) Notice providing details of the alleged act of gross misconduct
(2) Copy of the Special Conditions Certificate
(3) Copy of any statement given by the officer during the investigation
(4) Subject to the Harm Test:
*Copy of the investigators report (or parts that relate to the officer) and any documents attached
*Copy of any relevant statements or documents gathered during the investigation
(5) Date / time / location of the AMH
(6) Reminder of the right to legal representation
(7) Reminder of the right to a police friend

Question 21

Accelerated Misconduct Hearings
Timescale

Answer 21

Not less than 10 working days
Not more than 15 working days
from the date of service of documents (see above).

Question 22

Accelerated Misconduct Hearings
Information to be supplied by the officer

Answer 22

Within 7 working days from day after service of documents
Officer to supply a written notice outlining either:
*Acceptance of gross misconduct & any submissions of mitigation
OR
*Allegations which are disputed
*Their version of events
*Points of law
*Copies of any document to be relied upon by the officer

Question 23

Accelerated Misconduct Hearings
Hearing details

Answer 23

For non-senior officers:
AMH will be heard by the Chief Constable of the officer’s force
(Assistant Commissioner in the Met)
OR
Chief constable of another force (if home force chief is unavailable or an interested party).

Hearing is held in public
Hearing can proceed in the officer’s absence
Only the officer can give live witness evidence
Documentary evidence (as above) can also be considered

Question 24

Accelerated Misconduct Hearings
Outcomes

Answer 24

(1) Case dismissed
(2) Evidence of misconduct that is not gross - refer case under standard procedure to either:
*Misconduct meeting
*Misconduct hearing (if there is a live final written warning)

Outcome (2) can also be adopted in advance of the AMH

Question 25

Accelerated Misconduct Hearings Sanctions

Answer 25

Where gross misconduct is admitted or found the person conducting the hearing must then consider: *The officer's personal record *Relevant documentary evidence *Oral / written representations from officer / lawyer / police friend Before imposing one of the following sanctions: (1) Final written warning (2) Reduction in rank (3) Dismissal without notice The officer shall be informed of the outcome ASAP And provided within 5 working days (from the day after the AMH): *A written notice *A summary of the reasons for the outcome

Question 26

Reflective Practice Process Discussion Stage

Answer 26

The Reviewer and the officer will meet to discuss the practice requiring improvement and the key lessons to be learned by: *The officer *Their line manager *The force in order to address the matter and prevent any re-occurrence.

Question 27

Joint Misconduct proceedings

Answer 27

Generally, if the complaints surround similar behaviour at the same incident then the misconduct proceedings will be joint although if the issue is about separate behaviour then separate meetings/ hearings may be held. A police officer can apply for a separate meeting or hearing on the grounds that a joint meeting or hearing poses a real risk of unfairness. The decision whether to conduct separate meetings will rest with the person conducting the meeting or the chair of the hearing.