Review into the process of police officer dismissals: terms of reference
Published 17 January 2023
Applies to England and Wales
© Crown copyright 2023
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Description
The government has introduced significant reforms to the police complaints and discipline systems in recent years – from misconduct hearings in public and independent legally qualified chairs (LQCs) to the introduction of the barred list and strengthening of powers for the Independent Office for Police Conduct (IOPC). However, despite that, serious concerns persist about standards and culture within policing. This has led to broader questions on whether the system is appropriately balanced to ensure a fair but robust disciplinary system, which takes appropriate account of public confidence during decision-making processes.
The Home Office is therefore establishing a review into the process of police officer dismissals.
Aim and scope
The review will be led internally by the police integrity unit at the Home Office.
Its aim is to ensure that the process of police dismissals is fair and effective and ensure that the public can be confident that those falling far short of the high standards expected of them can be removed from policing.
The aim is for this review to be completed within approximately 4 months. Evidence will be drawn from relevant policing stakeholders, to establish if there is a case for further changes to legislation and/or guidance. Specific proposals will be developed by then and subsequently implemented through primary or secondary legislation, or through updated guidance, following any further formal consultation that may be required.
Besides the specific terms of reference set out below, the Home Office also invites evidence from stakeholders on the broader effectiveness of the disciplinary and performance systems for consideration outside of this review. This may be used to inform subsequent policy reform.
The methods used will include, but are not limited to:
- request for evidence from policing organisations
- data request from police forces in England and Wales
- analysis of data, including from police forces and stakeholders
Terms of reference
- Understand the consistency of decision-making at both hearings and accelerated hearings – particularly in cases of discrimination, sexual misconduct and violence against women and girls (VAWG).
- Assess whether there is disproportionality in dismissals and, if so, examine the potential causes.
- Establish any trends in the use of sanctions at both hearings and accelerated hearings – in particular the levels of dismissals.
- To review the existing model and composition of misconduct panels, including assessing the impact of the role of legally qualified chairs (LQCs), review whether chiefs should have more authority in the process (including whether the chief should take the decision with protection for the officer provided by way of a right of appeal to the Police Appeals Tribunal and consideration of when barring occurs) and review the legal/financial protections in place for panel members.
- Ensure that forces are able to effectively use Regulation 13 of the Police Regulations 2003 to dispense with the services of probationary officers who will not become well-conducted police officers.
- Review the available appeal mechanisms for both officers and chief constables, where they wish to challenge disciplinary outcomes or sanctions, ensuring that options are timely, fair and represent value for public money.
- Consider the merits of a presumption for disciplinary action against officers found to have committed a criminal offence whilst serving in the police.
- Review whether the current three-stage performance system is effective at being able to reasonably dismiss officers who demonstrate a serious inability or failure to perform the duties or their rank or role, including where they have failed to maintain their vetting status.