Neil Wilby Media

Under the latest Police (Conduct) Regulations, which came into force on 1st February, 2020, misconduct hearings and accelerated misconduct hearings for police officers are held in public before a three person Panel. 

There may, however, be circumstances where this is not appropriate and the hearing, or parts of the hearing, will be heard in private.  This decision is at the discretion of the Panel Chair who may take into consideration any submissions by the relevant parties or their legal representatives.

The Chair of a misconduct hearing will be appointed from a list of independent legally qualified practitioners and the Chair of an accelerated misconduct hearing will be a Chief Officer.

The facts of the case will be heard by the Panel and this may include live witness evidence.  The Panel will then consider the case and if they find the behaviour of the officer amounts to misconduct or gross misconduct the following options are available to them:

If misconduct found:

• Dismissal without Notice
• Reduction in Rank
• Final Written Warning
• Written Warning

If gross misconduct found:

• Dismissal without Notice
• Reduction in Rank
• Final Written Warning

Later this morning (18th December, 2023) two Lancashire Constabulary officers face a misconduct hearing. The Panel will be chaired by Paul Forster. He will be assisted by Supt Claire Cooper-Moore and Mansoor Shah

It is alleged that former PC Jon Kelly and PC Ellen McLachlan attended a reported incident and both used excessive force, which was not necessary, proportionate or reasonable.

It is further alleged that former PC Kelly used behaviour and language towards a member of the public, which was or could be perceived to be abusive, oppressive and offensive.

It is alleged that former PC Kelly and PC McLachlan failed to carry out their duties and responsibilities to the best of their ability by being aware of Body Worn Video footage and failing to take steps to ensure it was disclosed during criminal proceedings.

It is also alleged that PC McLachlan entered false information regarding a charging decision, on an internal document, with the CPS.

In light of the stated conduct, it is alleged that former PC Kelly breached the Standards of Professional Behaviour relating to Use of Force, Authority, Respect and Courtesy, Honesty and/or Integrity and Duties and Responsibilities. It is alleged that PC McLachlan has breached the Standards of Professional Behaviour relating to Use of Force, Honesty and/or Integrity, Duties and Responsibilities and Challenging and reporting improper behaviour.

The incidents that led to these officers facing the hearing today took place in August 2017 in Thornton-Cleveleys on the outskirts of Blackpool. It reportedly ended with a man being tasered by PC McLachlan and called a “c***” and a “skanky f***er” by PC Kelly, who was an acting sergeant at the time.

Both PC McLachlan and former PC Kelly have previously been cleared of criminal charges of perverting the course of justice in a Crown Court trial and the misconduct process has followed on from that outcome. The hearing first convened for a week in November 2022 only to significantly overrun, with two extra sitting days to be added in January, 2023.

Between those dates, Mr Kelly was granted early retirement on the grounds of ill health but it was agreed that did not need to affect proceedings.

A four day hearing was then listed for July, 2023. The hearing this week, which will take place at Ormskirk Police Station is scheduled for just one day. 

The force has offered no explanation for the delay.

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Page last updated: Monday 18th December, 2023 at 0755 hours

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Picture credit: Lancs Constabulary

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