11/2016: Approval of Nominations of Legally-Qualified Chairs for Police Misconduct Hearings – 14 March 2016
Executive Summary and Recommendation:
With effect from 1 January 2016, the Police & Crime Commissioner is required by law to have nominated lawyers to chair Misconduct Hearings in respect of police officers (other than senior officers, in respect of whom other arrangements apply). The law states that such proceedings should from that date be chaired by a person “selected by the appropriate authority who satisfies the judicial appointment eligibility condition on a 5-year basis and has been nominated by a local policing body for the purposes of these Regulations”.
In practice therefore, the Force as Appropriate Authority for such officers, will select from a list of lawyers held by the OPCC for that purpose.
This Decision Notice requests that the Police & Crime Commissioner approves the nominations to the list of Legally-Qualified Chairs to be held by the OPCC for North Yorkshire.
- That the persons listed at Appendix A be nominated for a period of five years from 1 January 2016 for the purposes of Regulation 25(4)(a) Police (Conduct) Regulations 2012 as amended; and
- That the list at Appendix A be held by the Office of the Police & Crime Commissioner for the purposes of individual selections by the Force in accordance with that Regulation.
- That persons listed at Appendix A be under a continuing duty to declare any conflict of interest (or significant risk of conflict of interest) to the Office of the Police & Crime Commissioner and to the Appropriate Authority, prior to undertaking chairmanship duties.
- That a further appointment process be organised in such manner as the Chief Executive shall consider suitable, in time for the expiry of the resulting five year terms.
Decision
Police and Crime Commissioner decision: Approved
Signature: 
Date: 14 March 2016
Title: Police and Crime Commissioner
1. Introduction and Background
With effect from 1 January 2016, the Police & Crime Commissioner is required by law to have nominated lawyers to chair Misconduct Hearings in respect of police officers (other than senior officers, in respect of whom other arrangements apply). The law states that such proceedings should from that date be chaired by a person “selected by the appropriate authority who satisfies the judicial appointment eligibility condition on a 5-year basis and has been nominated by a local policing body for the purposes of these Regulations”.
In practice therefore, the Force as Appropriate Authority for such officers, will select from a list of lawyers held by the OPCC for that purpose.
The Government issued supporting guidance set out at:
The process for appointment to the list was administered by the Cleveland OPCC on behalf of the 7 OPCCs of the North East Region. The region was delighted to receive a large number of applications of a high calibre. A rigorous selection process was undertaken, concluding with panel interviews during the period 2nd-8th December 2015. It was originally anticipated that appointment of 25 lawyers would meet the needs of the region. The selection process concluded with some 27 lawyers considered suitable for appointment. The recommendation of the Chief Executives is that they all be appointed to the list which will, as a result, be fit for purpose for five years and will contain a broadly even split of lawyers based in locations right across the region as well as from elsewhere in the country.
It is proposed that the 27 lawyers listed at Appendix A be nominated by the Police & Crime Commissioner (in common with the Police & Crime Commissioners for Cleveland, Northumbria, Durham, Humberside, West Yorkshire & South Yorkshire) and that the list be held by the OPCC for the purposes of compliance with Regulation 27 of the Police (Conduct) Regulations 2012.
It is further proposed that the list be effective for five years and that a further appointment process be organised and held in time for the expiry of those five year terms.
Terms of appointment and fee arrangements are set out at Appendix B.
Appendix C sets out the costs incurred by the OPCCs in the course of the selection process as well as the anticipated costs of training. These costs will be shared evenly between the OPCCs in due course.
Lawyers appointed to the list will be required to undergo training before they undertake chairmanship. Training has been nationally coordinated via the College of Policing and the Association of Police & Crime Commissioners. It is anticipated that most appointees to the list for this region will attend the session scheduled for 29 January 2016 at Cleveland Police Headquarters.
2. Options
Government Guidance on Misconduct and Special Case Hearings Held in Public, Recruitment of Legally-Qualified Chairs and Orders to restrict or prohibit compensation payments to senior officers has been followed.
The 7 OPCCs of the North East Region agreed to undertake a joint recruitment and selection process rather than each OPCC carry out the process individually as this would a much more efficient and effective process , better value for money and maximise the calibre of applicants from across the region.
3. Contribution to Police and Crime Plan Priorities
By acting on the recommendations of this report the Commissioner will be enabling the first corporate priority of “Transforming the Organisation” by through focussed collaboration opportunities across the North East Region to ensure efficiencies in relation to the recruitment and selection process.
The Police and Crime Commissioner is committed to the second corporate priority “People First” ensuring equality and diversity not only throughout the recruitment and selection process but also in relation to the professional and effective administration of misconduct and special case hearings that are held in public in line with the Government’s guidance.
4. Implementation and Resourcing Implications
There are no additional resourcing implications associated with this decision. The terms of appointment and fee arrangements are set out at Appendix B.
The costs incurred by the OPCCs in the course of the selection process as well as the anticipated costs of training are set out in Appendix C. These costs will be shared evenly between the OPCCs in due course.
5. Consultations Carried Out
The below table should include who has been consulted and their feedback. Not all departments will need to be consulted with on every proposal, however, they should all be considered:
| Name | Department | Comments |
| Office of the PCC | ||
| Financial Services | ||
| Local Policing | ||
| Beyond Local Policing | ||
| Human Resources | ||
| Joint Corporate Legal Services | ||
| Corporate Communications | ||
| Property and Facilities | ||
| Information and Communications Technology | ||
| Transport | ||
| Joint Corporate Commissioning and Partnership Services | ||
| Procurement | ||
| Organisation and Development | ||
| Information Management |
6. Compliance Checks
Financial Implications/Value for money:
Chief Constables Chief Finance Officer’s Comments
The recurring costs of this statutory process will depend on the number of cases. However, it is expected that the costs will be to be covered within the draft revenue budget for 2016/17. A process has been put in place to record and report actual costs incurred during 2016/17.
Legal Implications:
Having read this report and having considered such information as has been provided at the time of being asked to express this view, the Acting Force Solicitor and Head of Legal Services is satisfied that this report does not ask the PCC for North Yorkshire to make a decision which would (or would be likely to) give rise to a contravention of the law.
Human Resources Implications:
The contents of this report are noted, enquiries have been made with regards to the construct of the agreed ‘Terms of Appointment’ and matters raised are confirmed as being considered and agreed nationally.
Public Access to information
As a general principle, the Commissioner expects to be able to publish all decisions taken and all matters taken into account when reaching the decision. This Notice will detail all information which the Commissioner will disclose into the public domain. The decision and information will be made available on the Commissioner’s website.
Only where material is properly classified as Restricted under the Government Protective Marking Scheme or if that material falls within the description at 2(2) of The Elected Local Policing Bodies (Specified Information) Order 2011 will the Commissioner not disclose decisions and/or information provided to enable that decision to be made. In these instances, Part 2 will be used to detail those matters considered to be restricted. Information in Part 2 will not be published.
All decisions taken by the Commissioner will be subject to the Freedom of Information Act 2000 (FOIA).
Part 2
Is there a Part 2 to this Notice – NO
Report Information
Author(s) : Debbie Allinson
Head of Department: CEO Joanna Carter
Executive Group Sponsor(s) : CEO Joanna Carter
Date created: 17 December 2015
Background documents:
I confirm that all the above advice has been sought and received against this and any associated Part 2 information and I am satisfied that this is an appropriate request to be submitted for a decision
Signature: Debbie Allinson
Date: 17 December 2015
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