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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
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