New Police Misconduct and Performance Regulations come into effect on 1 December 2008
Colleagues
As you are all aware New Police Misconduct and Performance Regulations come into effect on 1 December 2008. The new procedures are firmly based around learning the lessons from mistakes rather than punishment, locally rather than centrally investigated and with strict, but much reduced timescales for dealing with matters. This is possibly the biggest change to police misconduct processes in decades and follows the Taylor report into Misconduct Procedures, with most of his recommendations having been actioned. I am pleased to be able to say that the Federation has been widely consulted on these matters and indeed some of the new processes have been firmly based around proposals submitted by our national committee.
The new procedures are actually based around a new code called the 'Standards of Professional Behaviour', and unlike its predecessor, the 'Code of Conduct', it highlights the positives of policing and what is expected of police officers. Complaints and allegations of misconduct will hopefully now be managed in a more focussed and proportionate way.
As soon as a matter comes to light, the force must make an early determination as to the severity of it. If the matter is so serious that an officer may lose his or her job then this would be subject to the 'gross misconduct procedure', otherwise it would fall into the 'misconduct' category. Whichever route the force decides to take, it must be communicated to the officer at the earliest opportunity. For the new system to work properly and not fall into disrepute force managers must manage this aspect robustly, whilst they allow for matters to switch between procedures, it is essential for our confidence and that for our members that this will be the exception as opposed to the rule.
It would certainly be my belief and expectation that most investigations will be of the 'misconduct' type. The new procedures introduce timescales which must be adhered to, and matters should be dealt with sometimes in days, mainly within a few weeks and not months or even years as currently happens this can only be to the benefit of our members, the force and even complainants.
The advice to our members should be that if they are served with a notice (that they are under investigation) that they accept the notice politely, say nothing and contact a federation representative.
There will be two different types of misconduct hearing/meeting, one for 'gross misconduct', the other for 'misconduct'. The difference between the two will be the sanction available to and who hears the matters. In a 'gross misconduct hearing', matter all forms of sanction are available to the panel, including dismissal which will be chaired by a member of ACPO, and legal representation is allowed, whereas in a 'misconduct meeting', the most severe form of sanction is a 'final written warning', and this will be chaired by a police or support staff member senior to the officer concerned, and legal representation will not be allowed.
Both processes allow for an appeal procedure. The sanctions available to the meeting or hearing have been brought in line with ACAS procedures and are far less Dickensian than the former ones, financial penalties and reduction in rank will not be available.
The new procedures do not deal with misconduct in isolation, the Unsatisfactory Performance Procedures initially introduced in 1999, but which fell into disrepute have been revamped, and again brought in line with ACAS procedures. We have been informed by our Professional Standards Department, that where performance is the issue, it will be dealt with as a performance matter rather than a misconduct one, we fully support this. Our members again should be advised that should they be subject to the procedures they contact a federation representative immediately.
Without doubt the next few months are going to be very testing for both the organisation and the federation. We know that these changes will test us all, and not in the least local area management, I believe we in the Federation are ready to meet the challenges ahead, and represent our members impartially and to the best of our ability.
Steve Matthews
JBB Chairman/DLO
