NEWS
INDEPENDENT MISCONDUCT HEARINGS AT RISK OF BECOMING UNFAIR
Action could lead to the disciplinary process breaking, Police Federation of England and Wales (PFEW) conduct lead warns.
The Federation says the Government should work with the staff association representing legally qualified chairs to ensure misconduct hearings do not become unfair, less transparent and less independent. Last month the Home Office received
a letter from the National Association for Legally Qualified Chairs (NALQC) stating it had advised its members, the LQCs who chair misconduct hearings, not to take on further hearings – scheduled after November 25 – until the Government had introduced legislation protecting them. The letter goes on to say should the
Government agree to change the law - giving them immunity from suit - it will ask police and crime commissioners to provide LQCs with an indemnity agreement in the meantime. It is understood this has been
triggered following a decision made in an employment tribunal concerning disability, brought following a misconduct hearing. PFEW is concerned that if LQCs walk
out, senior officers will once again chair misconduct hearings – a system that was replaced years ago due to concerns it was an unfair and flawed system. This could potentially slow the process down which is damaging to the welfare of police officers and to public confidence. PFEW Conduct and Performance
Lead Phill Matthews said: “We have serious concerns over legally qualified chairs
26 I POLICE I DECEMBER 2021
being advised by the NALQC not to take on future misconduct hearings unless the Government introduces legislation to provide them with legal protection. “The absence of LQCs could result
in senior officers and chief constables stepping in to fill the gaps – we know from the past this system didn’t please complainants or officers. “We felt the lack of independence
often resulted in decisions being made in the best interests of the force to protect its image, with officers feeling like they were already dismissed before they had a chance of testing evidence or explaining their actions. “LQCs and independent panels have
worked well since their introduction several years ago with a transparent system which police officers and the public can trust in.” The revelation is added to the list of
grave concerns over the fairness of future misconduct hearings. Last month chief constables were told
by the National Police Chiefs’ Council to make submissions to chairs of independent misconduct hearing panels and to seek judicial reviews where dismissal is not the outcome while it also wants the College of Policing guidance on outcomes amended. The Federation believes this is to influence more dismissals and hamstring panels. “Any retrograde step will break the
system, with more cases going to appeal and more judicial review applications being
Phill Mathews.
submitted,” Mr Matthews continued. “It will not only be costly to the public purse and risks eroding public confidence, but it will also massively slow the process down at a time where we are pressing for timeliness to be improved for the sake of the welfare of our members who have the weight of a looming decision on their shoulders. “I would urge the Government to step
in to resolve this problem with a long-term solution, not a quick-fix of reverting back to a system which was changed for good reason.” Via its Time Limits campaign, the
Federation is continuing to press the Government to give legally qualified chairs the power to impose deadlines on investigations which have gone on for more than a year.
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44
