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Case to answer
test “too low”
Figures gathered
by the BBC showed that
only five police officers in
England and Wales were
dismissed in the last three
years following conduct
cases ordered by
the IOPC
Matthews has also expressed his concerns.
“The effect on officers can be catastrophic.
They can be suspended, at massive public
expense, which has a knock-on effect on
morale for whole shifts of officers, or placed
on restrictions. We have had members trying
to harm themselves because of the stress
they are under.
“The IPCC, and IOPC as is now, pursue the
wrong cases and often have very little
Phill Matthews – seeking end to drawn out IOPC director general Michael Lockwood understanding of the evidence and give
investigations. pledged to reform the organisation when he families and complainants unrealistic
addressed the Federation’s conference in expectations.
2018. “In order to change the system, we need
to put an effective time limit on
est Midlands Police Federation arena,” says John. “But they do provide hard investigations. There is no excuse why they
discipline lead John Tooms says evidence that the case to answer test is too should be lasting as long as they do. And the
Wthe legal test used by the low and needs reforming. Too many officers fact that so many have no case to answer for
Independent Office for Police Conduct (IOPC) are being put through a traumatising afterwards shows they have got the
to determine if a misconduct case should go process unnecessarily because the threshold threshold wrong.”
ahead needs to be reformed. is wrong.” A spokeswoman for the IOPC told the
John says too many officers are being Fellow West Midlands discipline lead BBC: “We know the case to answer test is
put through “traumatising” misconduct George McDonnell says that the process also low but it has been repeatedly tested
cases only to find they have no case to needs speeding up, with too many officers through judicial reviews and found to be
answer. facing huge uncertainty due to the length of appropriate.”
His comments came in response to time cases take. The Home Office said that it was
figures gathered by the BBC which showed “Some of our members are being left in a “inevitable” there’d be a “case to answer”
that only five police officers in England and state of limbo,” he said. “The uncertainty that against some officers who were later cleared
Wales were dismissed in the last three years hangs over them, often for a number of of misconduct but added that it was
following conduct cases ordered by the IOPC. years, can be hugely unsettling not just for implementing reforms to ensure a
The figures, obtained under the Freedom them but also for their families. “consistent” approach to the way the test
of Information Act, showed that gross “The knock-on is that officers are was applied.
misconduct charges were not proven in 33 prevented seeking promotion, transferring or Police minister Nick Hurd said reforms,
of the 48 cases pursued. even moving home. There is no reason why due for implementation this year, will
“These figures come as no great surprise they should take as long as they do.” improve how misconduct hearings are
to those of us who work in the conduct National Federation conduct lead Phill prepared and conducted.
08 federation February/March 2019 www.polfed.org/westmids