Complaints, investigations and misconduct in policing - implementation of recommendations: thematic progress report - June 2021

First thematic progress report following publication of Dame Elish Angiolini's Final Report setting out implementation progress with details of the status and lead responsibility for each recommendation.


Theme 6: Conduct and Standards

The majority of recommendations under this theme will require either primary or secondary legislation and will be subject to detailed engagement with partners, staff associations and trade unions before full public consultation. To avoid pre-empting this engagement and consultation, this report will focus on the non-legislative recommendations.

Senior officer conduct process

Following recommendations in the Preliminary report – Recommendation 18, the SPA has undertaken a review of its Complaints Handling Procedures and Guidance on Senior Officer Conduct Regulations, incorporating consultation feedback from PIRC and the Scottish Chief Police Officers Staff Association (SCPOSA).

Linked to Recommendation 26 in the Final Report, discussions are ongoing between PIRC and the SPA on the approach to preliminary assessment process during the intervening period in advance of proposed legislative changes removing this function from the SPA. Following any resulting further revisions to the Guidance on Senior Officer Conduct Regulations, they will be presented to the Complaints and Conduct Committee for approval, alongside the revised SPA Complaints Handling Procedures.

Further updates

Details on progress against other recommendations under this theme are set out in the table below:

Progress Overview for the period up to end April 2021

Recommendations 22

Gross misconduct proceedings to continue even if /after officer leaves

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 23

For gross misconduct cases for all ranks, PIRC to consider continuation of disciplinary proceedings for former officers beyond 12 months

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 24

UK wide barred and advisory lists

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021. Will require legislative change in other jurisdictions to allow for reciprocal arrangements.

Recommendations 25

Preliminary assessment to move from SPA to PIRC

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 26

PIRC to collaborate with SPA on preliminary assessment process (until legislative change is in place)

Lead: PIRC

Current Position: In progress

Discussions are ongoing between PIRC and the SPA on the approach to preliminary assessment process during the intervening period in advance of proposed legislative changes removing this function from the SPA. A review was undertaken as a result of recommendations in the Preliminary Report and following any resulting further revisions to the Guidance on Senior Officer Conduct Regulations, they will be presented to the Complaints and Conduct Committee for approval, alongside the revised SPA Complaints Handling Procedures.

Recommendations 27

Composition of Gross Misconduct Hearing panels, including independent legally qualified chair

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 28

Police Appeals Tribunal role in appeals to continue following transfer to SCTS

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 39

PIRC to handle key stages of senior officer misconduct proceedings

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 40

PIRC to have new statutory function to present cases in senior officer gross misconduct hearings

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 41

PIRC power to recommend suspension of senior officer

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 51

Faster misconduct hearings in certain circumstances

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 52

Gross misconduct proceedings to be held in public

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 53

Chair to consider protecting vulnerable witnesses including officer who is the subject of Gross misconduct proceedings

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 54

Scottish Ministers to have powers to consult on and issue guidance in respect of conduct, conferring duties to have regard to guidance, also introducing Reflective Practice Reviews

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 55

Statutory provision for Joint misconduct proceedings, including senior officers

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 56

Provision for misconduct allegations against probationers to be dealt with during probation period

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 57

Alternatives to suspension to be added to regulations

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 58

Outcome of gross misconduct proceedings to be made public

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations PR16

Complaints against senior officers should be prioritised and dealt with as speedily as possible

Lead: PIRC

Current Position: In progress

Awaiting sign off.

Revised SPA Complaints Handling Procedures developed incorporating consultation feedback from PIRC and SCPOSA. Will be submitted to SPA Committee for approval in due course.

Recommendations PR18

SPA to consider alternative options for senior officers other than suspension

Lead: SPA

Current Position: In progress

Revised SPA Guidance on Senior Officer Conduct Regulations developed incorporating consultation feedback from PIRC and SCPOSA. Further revisions may be made - links to Recommendation 26.

Recommendations PR19

Preliminary assessment to take factors into account, such as anonymity and potential vexatious basis

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021. In addition, revisions are being made to the SPA Senior Officer Conduct Guidance to seek to address these points ensuring that these factors are taken into account in preliminary assessments.

Contact

Email: police_division_hub_mailbox@gov.scot

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