Neil Wilby Media

An article published by Neil Wilby Media on 25th August, 2023 signalled the presence of at least three objections to a decision made by North Yorkshire Police (NYP) to hold a misconduct hearing in private. That article can be read in full here.

It is alleged that the officer facing the disciplinary proceedings later this morning (Wednesday 30th August, 2023), at NYP HQ in Northallerton, has subjected females to unwanted, abusive, controlling and/or coercive behaviour during the course of his relationship with them.

If proven, the allegations are so serious that they would amount to gross misconduct and the officer could be dismissed from the police service.

The Legally Qualified Chair (LQC), Gerry Sydenham (pictured above), who made the decision, is a solicitor experienced in criminal law, regulatory work and a former Head of the Crown Court Unit at CPS North East. He has also granted the officer anonymity.

In written objections to the decision, Neil Wilby, the author of this article, argued that the rank and gender of the officer be disclosed and accredited members of the press be admitted to the hearing with clear guidance on reporting restrictions.

Other known objections were submitted by nationally-known, York-based democracy advocate, Gwen Swinburn and the Yorkshire Post newspaper.

In a collective, and belated, response by the LQC, to what is now known to be four objectors in total, did not address either of the concerns raised by Neil Wilby:

“Thank you for the representations of the four persons seeking to attend the hearing, requesting information and making submissions concerning the issues relating to whether the hearing should be held in public.

” [name redacted] in his submission provides a succinct summary of the law with which I agree and paragraph 4 of his submission is correct. It would be unlawful to hold proceedings in private without justification. The holding of a hearing in private is exceptional. In this case unusually there is lawful justification for the proceedings to be held in private.

“The starting point in determining these issues is set out in Regulation 39 of The Police (Conduct) Regulations 2020. The principle is that a misconduct hearing must be held in public.

“I needed as the appointed LQC therefore to be satisfied that a hearing in private is necessary, weighing important open justice principles including transparency when making decisions under regulation 39 (3) (a) and (b).

“I also ensured that I had regard to the Home Office Statutory Guidance which provides assistance, commencing at Paragraph 11.74 and specifically the factors identified at paragraph 11.84 onwards in making my assessment and decisions.

“I have also considered whether in the light of all of the information I have received whether parts of the hearing could remain open. I have concluded they could not.

“There are a number of vulnerable persons involved in these proceedings.

“Members of the Public and of the Press may be unaware that expert evidence from a Consultant Clinical Psychologist has been obtained and has assisted me in balancing the public interest and the interests of and rights of the participants and the effect these proceedings will have upon the health of persons involved.

“For self evident reasons I do not intend to go into detail concerning medical evidence. I can however signify, as very significant relevant factors, the factors identified in paragraphs 11.84 (c) (e) and (f) of the HO guidance.

“I am satisfied the public interest in holding an open hearing is in these particular circumstances is outweighed to a considerable degree by the need to protect the health of those involved, that decision is based upon expert medical evidence which provided assistance and evidence of some considerable weight which I had to take into account when I made decisions about balancing the important public interest in openness and transparency with the right of privacy and the effects upon health, particularly the very significant potential damage to the health of individuals and the risks of damage associated with a public hearing”.

North Yorkshire Police, Fire and Crime Commissioner, Zoë Metcalfe, who provides political oversight of the force and champions female victims of domestic abuse, declined to comment on the issue. “It wouldn’t be appropriate”, she says.

A further request to the LQC to explain his decision not to disclose the rank and gender of the subject officer was made yesterday afternoon by both Gwen Swinburn and Neil Wilby. Their emails were acknowledged by the force’s disciplinary meeting co-ordinator but, at the time of publication of this article, just four hours before the hearing is due to open, have received no substantive response.

The journalist also indicated to NYP and the LQC that, given more time, he would have sought a stay of the proceedings whilst the decisions to exclude the press, and not identify the officer by rank, could be challenged by way of a judicial review application.

Follow Neil Wilby on Twitter (here) and Neil Wilby Media on Facebook (here) for signposts to any updates.

Page last updated: Wednesday 30th August, 2023 at 06h00

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