A cuckoo in the nest?

For the second time in just over a month, two days spent in the austere halls of Royal Courts of Justice gave further, and, at times, quite remarkable, insight into the inner workings of five different policing bodies: The Police Federation, a police force Misconduct Panel, Her Majesty’s Inspectorate of Constabulary, a Police and Crime Commissioner’s (PCC’s) office and the Chief Police Officers Staff Association (CPOSA).

The two cases are both pathfinding judicial review claims, and the issues that fell to be determined by senior judges will have far reaching implications for both the police service and the wider public. One hearing was very much low key, the other attracted wide media coverage due, in the main, to the presence in court of three high profile policing figures, almost obsessive references to an even higher profile MP (Andy Burnham) and the backdrop of the scandal surrounding the Hillsborough Disaster cover-up by South Yorkshire Police.

Andy Burnham seen arriving at Birchwood Park, Warrington to hear evidence at the new Hillsborough inquests. Alongside is Steve Rotheram MP who has also campaigned tirelessly for bereaved families and survivors.

The first claim, heard on 8th February, 2017, before Mrs Justice McGowan, was listed as Thames Valley Police -v- Police Misconduct Panel (CO/2810/2016). The substantive issue was the challenge by the chief constable of that force to a finding of the Panel at the conclusion of a gross misconduct hearing. It was submitted on the chief’s behalf, via his counsel, Stephen Morley, that the Panel had got the decision ‘badly wrong‘.

The Panel’s finding was that the officer, PC White (named as an Interested Party in the proceedings), facing a breach of order and instructions charge, and multiple neglect of duty charges, should receive a final written warning. The charges against PC White concerned various items of property, to the combined value of £10,000, that he had kept and not actioned on police databases, in one case impacting adversely on a prosecution case. Other evidential materials were also found in his locker, and bag, during a subsequent search, that were not booked in, either.

The chief constable contended that the officer should have been dismissed as a result of ‘integrity failings‘, and the fact that ‘he knew he had done wrong’ and failed to correct his actions. It is the first time since police regulations were changed in 2015 – which affected the composition of Panels amongst other innovations – that such a challenge against a Panel finding has been mounted.

The Misconduct Panel, through its lawyer chairman, declined to take any part in the judicial review proceedings on the grounds that the claim form was improperly served and, in effect, the legal action was a nullity. The defence of the chief constable’s claim was taken up by the Police Federation, on behalf of their member officer, PC White. They were represented by the formidable Alexandra Felix, a specialist criminal and regulatory barrister.  Her submissions, made with some force, could be summarised thus

(i) Dealing with police misconduct matters, including criminal offences, is a management function. ‘It is about learning and development, not punishment’. In this sense, it is set apart from other professional bodies or services.

(ii) Discipline is an operational matter and the chief constable picks the Panel – ‘it’s his Panel‘ and ‘part of the internal process‘. As such, the chief constable did not have the legal capacity to bring these judicial review proceedings.

(iii) The filing and service of the proceedings, in their present form, was a ‘procedural failure’. Civil Procedure Rule 57.4 had not been complied with. As such, the proceedings should be struck out.

There was extended discussion and argument, in which the judge took full part, concerning the meaning of ‘integrity’ and where it falls, in a police misconduct sense, in relation to ‘honesty’. Both, of course, being fundamental requirements of being a police officer under the College of Policing’s Code of Ethics.

Judgment was reserved, pending further written submissions being made by all parties to the claim. It is awaited, with considerable interest, and is likely to become a cited authority whichever way the judge finds.

It was accepted by both counsel present in court that her findings would have far reaching consequences on police misconduct matters, and the role of disciplinary panels within it. Other than the judge, her clerk, three lawyers and the Police Federation representative, I was the only other person present in Court 5 for what had been a fascinating, and highly informative, hearing. Not least, the public airing of the proposition that the powerful, and extremely wealthy, Federation had an almost unshakeable grip on police misconduct matters, concerning all ranks between constable and chief inspector, and the consequent fate of their members accused of either serious misconduct, or criminal offences. If the Fed takes up an officer’s cause, removal from the police service is nigh impossible. But, if the rank and file ‘union’ withdraws support, then the officer concerned is, almost inevitably, cast to the dogs.

To those not so familar with the labyrynthine processes of the police misconduct regulations, it is worth pointing out that it is not within a chief constable’s very considerable powers to simply dismiss a police officer . All the necessary steps, within the statutory framework, have to be followed. Whether he (or she) agrees, or not.

The second judicial review application, a much higher profile case and played out before a packed Court 3, has already been the subject of two articles on this website [1] ‘Bad on their merits‘ (preview of the hearing based on disclosed pleadings) and [2] ‘Much ado about nothing’ (a report of proceedings in David Crompton -v- Police and Crime Commissioner for South Yorkshire). 

This article focuses on the specific roles of the South Yorkshire PCC, Her Majesty’s Chief Inspector of Constabulary (HMCIC) and the Chief Police Officers’ Staff Association (CPOSA) in those proceedings, heard before Lady Justice Sharp and Mr Justice Garnham, and their approach to both evidential and misconduct matters.

The Chief Inspector, Sir Thomas Winsor, is one of the key links the joins the two cases, as he was a member of the Misconduct Panel that found ACC Rebekah Sutcliffe guilty of gross misconduct in the controversial ‘Boobgate‘ scandal, but deemed that a final written warning was the appropriate sanction. Most observers, including her own chief constable, felt she should have been dismissed from Greater Manchester Police. ACC Sutcliffe has been sent out on secondment to Oldham Borough Council and is unlikely to undertake an operational policing role again.

PCC Alan Billings was, of course, listed as defendant in the case and present in court throughout the hearing, alongside his chief executive, Michelle Buttery, and Communications Manager, Fiona Topliss. it was argued, on his behalf, before the court, that he had followed misconduct procedure (in this case Section 38 of the Police Reform and Social Responsibilty Act, 2011) to the letter. Albeit, ignoring the advice of HMCIC along the way (as he was lawfully entitled to do).

The court also heard that two press releases, issued after the Hillsborough inquest jury determinations, were not the catalyst for former chief constable’s suspension (the main limb of Crompton’s claim). But, rather, the straw that broke the camel’s back. There are many, including me, who believe Dr Billings, accepted on all hands as a decent, honourable man, should have stepped in sooner.

Since he was elected in October, 2013 there must have been deep concerns about the constant adverse publicity that Crompton brought to his force over such as his notably poor handling of the Rotherham abuse scandal, and the infamous Cliff Richard/BBC farrago, over which the pop star is now claiming in excess of £1 million damages [3]. For example, the embattled police chief suffered a series of severe maulings at the hands of the all-party Home Affairs Select Committee (see the 3rd September, 2014 session below, courtesy of The Needle Blog).

The chairman of that committee concluded, after hearing the evidence by David Crompton, that it was incompetence on a grand scale on the part of South Yorkshire Police.

The appearance of CPOSA in the Crompton claim comes by way of legal costs support for the former SYP chief constable. To the independent-minded observer this is a huge investment for, potentially, very little return. The claim was brought on the premise that if a decision to, firstly, suspend the disgraced chief constable then, ultimately, force his resignation, was quashed, it would ‘restore his damaged reputation‘. Which relies entirely on the premise that David Crompton’s reputation was not irreparably destroyed BEFORE he was suspended. On any reasonable view, it was in tatters, and ‘Disaster Dave‘ as he was dubbed in the national press in 2014, had, indisputably, been under constant media (and Parliamentary) attack from his very first week in office in April, 2012.

Very few people are aware that, at the time of his appointment to head up South Yorkshire Police, David Crompton was under investigation by the IPCC, who were managing an investigation by one of his former forces, Greater Manchester Police (GMP), into misconduct and racism allegations made by former West Yorkshire Police Legal Services Director, Ajaz Hussain. Crompton, as far as I can trace, has never spoken publicly about this. The officer investigating the Hussain complaints, David Whatton, had been a GMP senior officer colleague of Crompton’s between 2002 and 2004. Whatton, on any reasonable view a perverse choice of investigating officer, ultimately cleared Crompton of wrongdoing.

The proposition, therefore, appears to be that CPOSA will rally round a chief officer, however incompetent and discredited he (or she) appears to be. Given that it is an organisation that has, over the years received an extraordinary, and controversial, amount of public funding [3a] then such unconditional support is very troubling indeed.

Chief constables, and their deputies and assistants, are expected to set the highest possible standards and, to the man (or woman on the Clapham omnibus, it would seem entirely improper that they should they provide mutual aid to those that don’t cut the mustard. In this context, it was a suprise to me, at least, that a former chief constable I hold in high regard, Neil Rhodes, was alongside David Crompton for almost all of the two day hearing. In a curious twist of fate, Rhodes was also CPOSA friend to Hussain which had led to another high profile court drama in 2013 [3b].

Tom Winsor is, plainly, a busy man. He did, however, find time to spend the entire two days of the Crompton claim in court, following proceedings assiduously – as one would expect of a successful, and highly experienced, regulatory lawyer. Indeed, as claim and counter-thrust was made in submissions, by counsel for the various represented parties, it became clear that the Crompton case was not about the former SYP chief, at all. It was brought as a means for policing bodies to continue to police themselves, as they have done for almost two centuries. Sir Thomas is the cuckoo in the nest – and he is not at all content to eat scraps from any elected official’s table. Particularly, one who may be minded to remove a chief constable against his specific advice which, it was advanced on behalf, should be regarded as akin to statutory guidance. His criticism of the decision making, and capacity, of Dr Billings, the PCC in question, pulled no punches.

But is Sir Thomas, himself, above criticism in this matter? Definitely not, on the basis of submissions made to the court on his behalf: There are four key issues that invite scrutiny:

Screen Shot 2017-04-06 at 11.20.54
Sir Thomas Winsor, who took over as Chief Inspector in September, 2012 had previously made his name as a highly regarded lawyer and reforming rail regulator

(i) His HMIC inspection of South Yorkshire Police in June 2015 rated the force as ‘good’. A peer review in May 2016, managed by the College of Policing and the interim chief constable, Dave Jones, and involving a number of experts in their specialist fields, found serious failings in the management and operational effectiveness of the force [4]. The disparity between HMIC’s findings and the peer review is, so far, unexplained. It was not directly tested in court, although it formed part of the written submissions made on behalf of the PCC. In another curious turn of events, just two weeks after the court hearing concluded another HMIC inspection saw SYP heavily criticised.

(ii) It was asserted, without any evidence, supporting information or details of source, that public confidence was NOT adversely affected by David Crompton’s running of the police force in South Yorkshire. Contrast that with ample, and highly informed, feedback from a large number of elected representatives (MP’s, MEP’s and councillors) in the locality, and the public who interacted either with DrBillings personally, or via his office. Plus an almost weekly round of stinging media criticism of the force, and one might take the view Dr Billings was in a much better position to take a stance on this issue.  Indeed, it was his emphatic view that confidence in his chief constable had almost ebbed away when the decision was taken to suspend him. Even the Home Secretary of the day, Theresa May, knew the game was up for Crompton and South Yorkshire Police. It was, therefore, nothing short of astonishing that, from his London office, Sir Thomas could deem otherwise. A fair-minded observer might take the view that his motivation for doing so ought to be examined independently.

(iii) The proposition was advanced, on his behalf, that Sir Thomas had a ‘bird’s eye view‘ of the performance of police forces and, therefore, by default, chief constables. There seemed no good reason to single out Crompton for opprobium. Which, given the beleagured South Yorkshire chief’s well chronicled list of failings, turns attention to how bad some of the other chief constables must be, if Crompton is not ranked below them. It may also explain why so many chief officers have left the police service, in disgrace, over the past five years. Often retiring to avoid disciplinary sanction.

(iv) Much was made in court of the fact that Crompton had broadcast an apology, on behalf of his disgraced force on 12th September, 2012, the day of the publication of the Hillsborough Independent Panel Report. Reinforced, it was said by another apology on the day of the jury determinations at the new inquests. It was claimed, in court, on behalf of both Crompton and HMCIC that he had not resiled from those apologies. That was, quite simply, incorrect. Crompton’s true feelings and views about the Hillsborough Disaster – and the role of the Liverpool fans in it – were exposed in the national press following disclosure of emails sent both internally to other South Yorkshire Police officers and, externally, to other senior policing figures, notably Sir Norman Bettison and Sir Hugh Orde. Crompton challenged the Panel Report as one sided, and wanted to set up a PR offensive to counteract the bereaved families fight for truth, then justice [5]. Sir Thomas Winsor, and his his legal team, were silent on this point. Did he not know, or was it just another Crompton flaw that he was, conveniently, prepared to overlook?

The sum of all these parts is that HMIC, and their Chief Inspector, are not all they crack up to be. Others have raised well evidenced doubts concerning the police force inspections they carry out and, particularly, their lack of rigour. But that is not the chief concern: As a watchdog, with a crucial role in maintaining confidence in those charged with the public’s safety and security, how can Sir Thomas sit there, stony faced, and allow unevidenced assertions, and in some parts, what may be considered as untruths, about the policing abilities of, and the public confidence in, David Crompton to be presented as fact?

Another unspoken factor may have been the career record of Sir Dan Crompton, David’s father, which ended with service as a leading light in none other than Her Majesty’s Inspectorate of Constabulary. Crompton senior’s own adverse views on Hillsborough, and those bereaved families campaigning for justice, are also well known and for which he has steadfastly refused to apologise since they were first made public in 2013 [5].

Running a protectorate for the incompetent is, presumably, not what Her Majesty the Queen would have had in mind when she touched Tom Winsor’s shoulder with her sword in September, 2013. The revelations on the Strand, on two sunny days at the end of March, 2017, may yet be scrutinised, a short distance away along London’s riverside, before an MP’s Select Committee.

Page last updated: Thursday 13th April, 2017 at 1405hrs

[1] Neil Wilby – ‘Bad on their merits‘  24th January, 2017

[2] Neil Wilby – ‘Much ado about nothing’  29th March, 2017

[3] Neil Wilby – ‘David Crompton – The South Yorkshire Years’ 27th April, 2016

[3a] Yorkshire Post – Payouts to legal fund of shamed top officers set for axe 22nd January, 2013

[4] Daily Star – ‘Hillsborough Email Smear‘ 24th February, 2013

[5] uPSD WYP – ‘Sir Dan Crompton’  16th June, 2017

Corrections: Please let me know if there is a mistake in this article — I will endeavour to correct it as soon as possible.

Right of reply: If you are mentioned in this article and disagree with it, please let me have your comments. Provided your response is not defamatory it will be added to the article.

Copyright: Neil Wilby 2015-2017. Unauthorised use or reproduction of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from and links to the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

Much ado about nothing?

An employment dispute that began in a glass fronted office block close to the Meadowhall Shopping Centre in Sheffield, was, eventually, played out in the hallowed halls of the Royal Courts of Justice on London’s Strand eleven months later.

It was no ordinary job, however, and the offices were those shared by the South Yorkshire Police (SYP) and its Police and Crime Commissioner (PCC). The Chief Constable of the beleaguered force was David Crompton and he was suspended from duty, by the PCC, Dr Alan Billings, on the afternoon of 27th April, 2016.

crompton-and-billings
South Yorkshire Police and Crime Commissioner, Dr Alan Billings, endorses his chief constable, David Crompton, within minutes of being elected to office in October, 2013.

Crompton ultimately resigned on 29th September, 2016 at the end of a process empowered by section 38 of the Police and Social Responsibility Act, 2011 (the Act).

At the time of his suspension, Crompton had already set his date for retirement from the force – which was planned to be 30th November, 2016.

A rolled-up permission and substantive judicial review hearing opened on 28th March, 2017 before Lady Justice Sharp and Mr Justice Garnham. David Crompton is the Claimant, the PCC, Dr Alan Billings, is Defendant and there are two interested parties: Her Majesty’s Chief Inspector of Constabulary (HMCIC), Sir Thomas Winsor, and the Police and Crime Scrutiny Panel for South Yorkshire (PCP).

Dr Billings was present throughout the hearing, as was Sir Thomas and David Crompton. The latter was accompanied by his wife and daughter, together with retired Lincolnshire Police chief constable, Neil Rhodes, who was there in his capacity as Chief Police Officers Staff Association (CPOSA) ‘friend’. CPOSA are funding the claim through a contributory insurance scheme.

Rhodes is no stranger to these type of proceedings and successfully overturned a controversial suspension by the then Lincolnshire PCC, Alan Hardwick, in 2013.

Submissions were heard, for most of the first day of the hearing, from counsel for the claimant and HMCIC (Hugh Davies QC and Clive Sheldon QC respectively) which amounted to much the same thing: The decision of the PCC was taken in haste, not properly thought through, was defective in process, failed to apply due weight to HMCIC’s findings and undertaken with a political, rather than a policing, agenda.

Further, the PCC chose to ignore the recommendation of HMCIC which, it was advanced, on his behalf, a considered, objective and expert review of the section 38 process that the PCC had set in train.

As such, the decision by the PCC to, effectively, dismiss the chief constable was born of ‘political imperative rather than objectivity’, ‘disproportionate‘ and ‘irrational’. He had also taken account of ‘irrelevant considerations‘ when later justifying the decision. It was further argued that the decision under challenge infringed on David Crompton’s Article 8 convention rights as it impacted on his family and future employability. Mr Davies had earlier described him as ‘a highly effective chief constable‘.

There were no allegations made by the PCC, against his chief constable, of breaches of Standards of Professional Behaviour which apply to all police officers.

A declaration by the court that the actions of the PCC were unlawful is sought by the claimant. Which, it is said, would go some way to restoring his ‘damaged reputation‘ [1].

In the submission of Mr Sheldon, the events that led to the suspension centred on the jury determinations at the new Hillsborough inquests – and two SYP press releases that followed. The second press release included the words ‘other contributory factors‘ as causes of blame for the stadium disaster. Much attention is focused on the meaning and intent behind those words. He said, with some force, that accountability – as called for by Andy Burnham – did not necessarily mean that ‘heads should roll‘.

When asked (not for the first time) by Lady Justice Sharp where – with a wide discretion of decision making – the boundaries were, Mr Sheldon submitted that ‘the correct test was the old-fashioned Wednesbury approach on reasonableness‘. There had, he said, been no damage to effectiveness and efficiency of the force as a result of the chief constable’s leadership, and common law recognises that the Wednesbury test is dependent in each case on the facts. Mr Sheldon also stated, with some emphasis, that ‘There was no loss of public confidence in South Yorkshire Police‘.

Although not a party to proceedings, the name of Andy Burnham, MP and Shadow Home Secretary, was mentioned more than any other by counsel. He had called for accountability from SYP following the findings of the new Hillsborough inquests. According to counsel, the chief constable was the main target of criticism. The significance of a telephone call from a male bereaved family member, and prominent Hillsborough campaigner, to Dr Billings, just ten minutes before the PCC suspended his chief constable, was also raised in court.

The advocate for the PCP, Adrian Phillips, made brief submissions to the effect that the Panel saw their role as peripheral to these proceedings, they were neutral on its outcome and, accordingly, their decision should not fall for scrutiny by this court. He also, helpfully, explained to the court the statutory composition of a scrutiny panel and how it came to be, in an area such as South Yorkshire, that the Labour Party would be almost entirely dominant. He rejected the proposition, advanced by the claimant, that the Panel’s decision was born of political bias.

Jonathan Swift QC spoke eloquently, and persuasively, on behalf the PCC. The main thrust of his submissions, which took up almost the entirety of the second day of the hearing, was that the decision taken by Dr Billings (to conclude the section 38 process by asking CC Crompton to resign) was one that was reasonably open to him to make, by way of his statutory responsibilty to hold the chief constable to account under section 1 of the Act. He also maintained that all necessary processes had been correctly followed, including the required consultations with HMCIC and the PCP.

In rejecting one of the claimant’s (and HMCIC’s) main thrusts of argument, Mr Swift said that their was no statutory requirement for the PCC to give special weight to the views of Sir Thomas. He had considered those carefully and, in his discretion, had rejected those views.

He also invited the court to view the decision to suspend the chief constable through a wider lens, that brought into view an increasing discontent with the running of the police force in South Yorkshire. Particularly, in the months prior to the announcement of the Hillsborough inquest verdicts. Most notably, with the ongoing controversy of the handling of the aftermath of the Jay Report.

It was not, Mr Swift advanced, a spur of the moment decision, triggered by events in Parliament during an exchange between Mr Burnham and the then Home Secretary, Theresa May.

There were also submissions from Mr Swift concerning both the timeliness and merits of three of the decisions challenged by the claimant:

(i) To suspend the chief constable

(ii) To reject the advice of HMCIC and continue with the section 38 process

(iii) To refer the matter to the PCP

In respect of the remaining decision – to finally ask the chief constable to resign –  Mr Swift agreed that permission for judicial review should be given to the claimant as the matter was, quite plainly, arguable. But, at the same time, invited the court to dismiss this fourth ground on its merits.

Mr Swift curtly also dismissed the alleged breach of Article 8 as being without merit.

At the conclusion of the hearing, Lady Justice Sharp told the court that judgment will be reserved on both the permission and substantive issues. The judgment is unlikely to be handed down before May 2017.

It is estimated that the two day hearing, with four legal teams representing the various parties, will end up costing either David Crompton’s insurers, or the South Yorkshire taxpayer, in the order of £150,000. And for what, the reader might legitimately ask? It seems, on the face of the submissions, that the claim was brought with two purposes in mind: To restore the reputation of David Crompton (there is no financial remedy either sought, or available, via this legal process) and to give HMCIC the final word in future section 38 processes as to whether a chief constable is dismissed, or not.

A preview of the court case, first published in January, 2017, in which the arguments of all parties is examined in some detail can be read on this website: ‘Bad on their merits‘ [2]

Page last updated Saturday 8th March, 2017 at 2055hrs

[1] Neil Wilby May 2015 – David Crompton: The South Yorkshire Years

 

Corrections: Please let me know if there is a mistake in this article — I will endeavour to correct it as soon as possible.

Right of reply: If you are mentioned in this article and disagree with it, please let me have your comments. Provided your response is not defamatory it will be added to the article.

Copyright: Neil Wilby 2015-2017. Unauthorised use or reproduction of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from and links to the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

 

‘Bad on their merits’

In April 2012, David Crompton stepped out of the shadow of Sir Norman Bettison and took up the post of chief constable of South Yorkshire Police (SYP). It is a matter of public record that, after being rejected in the first round of applications, and interviews, by the South Yorkshire Police Authority, he walked into the job because no-one else wanted it when the post was, subsequently, re-advertised. The only other officer shortlisted was Stuart Hyde, who took up a post with Cumbria Police instead.

David Crompton had been a controversial deputy chief of troubled West Yorkshire Police (WYP) since 2006 – and the much criticised Bettison resigned from that force in October, 2012 when faced with gross misconduct charges. Hyde, incidentally, was also a former WYP senior officer, having served there between 1997 and 2003. He later spent a lengthy period suspended whilst serving at Cumbria. An investigation report did find breaches of procedure, but Hyde was cleared of gross misconduct, misconduct and criminality shortly before retiring.

The Crompton police career had started in 1982 with another perpetually disgraced force, Greater Manchester Police, following the footsteps of his father, Sir Dan Crompton [1].

That career ended ignominously with his forced resignation from SYP on 29th September, 2016 – and marked the end of a turbulent period during which he was never far from heated debate.

Some of the low spots being his responses to the publication of the Hillsborough Independent Panel report in September 2012; the publication of the Jay Report in August 2014 into the extent and nature of decades of child sexual exploitation in Rotherham; the Cliff Richard home search debacle earlier in the same month and the appearance before a Parliamentary committee that followed; and his response to the IPCC’s June 2015 publication of their scoping report into criminality and misconduct during the infamous Battle of Orgreave.

But his nemesis was, finally, to be the verdicts of the jury at the new Hillsborough inquests nearly four years after the Panel’s findings. Notably, that the fans of Liverpool Football Club bore no responsibility for the death of 96 of their fellow supporters in the stadium disaster on 15th April, 1989. That flew in the face of Crompton’s own entrenched views on the matter, as revealed in emails sent by him, and subsequently published in the national press, following a freedom of information request made by fellow investigative journalist, Jonathan Corke.

The controversy over Crompton’s reaction to the inquests verdicts – and two press statements he made on successive days in April 2016 – is still rumbling on and is set to be played out in the hallowed halls of the Royal Courts of Justice (RCJ) on London’s Strand. A two day hearing is listed for 28th and 29th March, 2017.

On 7th October, 2016 a judicial review (JR) permission application was filed at RCJ, on behalf of David Crompton, by Adam Chapman a former Treasury solicitor who is now a partner and Head of Public Law at Kingsley Napley (this firm also represented Bettison at the time of his resignation and for a period afterwards). The documents in support of the claim form run to over 1,000 pages and challenge four decisions made by South Yorkshire Police and Crime Commissioner (PCC), Dr Alan Billings under Section 38 of the Police Reform and Social Responsibility Act, 2011 and, by which, the PCC first suspended his chief constable and then, ultimately, required him to resign.

crompton-and-billings
David Crompton with Dr Alan Billings following his election to PCC in October, 2014. Within minutes of being elected Billings was praising his chief constable in a BBC interview.     Photo credit: BBC

The statement of grounds has been drafted by well known police regulatory lawyer, Hugh Davies QC, and they take issue with the rationality and proportionality of the PCC’s decisions that, sequentially, led to the final sanction of, effectively, dismissal from his chief constable post. It also sets out four considerations that the claimant contends to be irrelevant in the decision making process: The conduct of the new Hillsborough inquests; the College of Policing led Peer Review conducted into the state of SYP after Crompton’s suspension, child sexual exploitation and the possible investigation into Orgreave.

Declaratory relief and/or a quashing order over the four decisions is sought, together with costs of the action.

It is set out that declaratory relief in this action would go some way to restoring the ‘grossly unfair’ destruction of the reputation of David Crompton, after what Davies says is some 30 years police service (it appears, by my reckoning, that he has over 34). The pleadings are, curiously, silent over the number of other high profile and well rehearsed failings that have, cumulatively, led to the demolition of his good standing as a police leader. They do advance the oblique proposition, however, that the PCC’s actions may have been influenced by ‘ill-informed public opinion‘.

The claim is heavily dependent on three documents produced by Her Majesty’s Chief Inspector of Constabulary, Sir Thomas Winsor, during the Section 38 process and in which the Police Commissioner is variously, and in parts, heavily criticised. They can all be viewed here: [2]

Indeed, joined as an Interested Party (IP) to the claim, Winsor has instructed Clive Sheldon QC and Christopher Knight to draft summary grounds in support of Crompton’s claim. These address the following areas: The wider importance to policing of the claim; the Section 38 process; the alleged irrationality and disproportionality of the PCC’s decision; and the rationale concerning the participation/role of HMCIC.

The submissions conclude by saying that the judicial review application should proceed to a substantive hearing, by way of permission from the Court, as it is ‘of real significance to David Crompton and of wider significance to the functioning of the police service of England and Wales’.

The sub-text is that Tom Winsor has taken exception to Dr Billings’ willingness to ignore HMIC’s input into the decision-making process that, ultimately, led to David Crompton’s removal. On any reasonable interpretation, Winsor would welcome a common law finding that would rein in the powers of PCC’s and, in effect, give him (or his HMCIC successor) the last word on whether a chief constable should be removed, or not.

But, that niggle aside, the submissions are meticulously set out and will, no doubt, be helpful not only to the court, but to those of us who are interested both in the deeper workings of police misconduct regulations and processes – and an important insight into the mindset of one of the nation’s most important ‘watchdogs’ who oversees just the one very specific part of them.

A robust defence to the claim has been mounted by the Police Commissioner and is being marshalled by Virginia Cooper, Litigation and Regulatory partner at Bevan Brittan (best known for her recovery of huge sums of public authority funds following the collapse of Icelandic banks). Summary grounds have been drafted by Jonathan Swift QC (assisted by experienced junior counsel, Joanne Clement).

It is, of course, entirely a matter for the court to assess the overall merits of the respective arguments put forward by the two main protagonists in this action, but one cannot fail to be attracted by the crispness of the presentation of summary grounds by counsel for the PCC: Particularly striking is the phrase employed in the curt dismissal of the claims concerning the first three of the decisions under challenge: ‘Bad on their merits‘. So much so, it has been adopted as the headline for this piece. The PCC’s position is that only the final decision (to formally call for resignation) falls for public law challenge. Counsel also maintain that ‘proportionality’ is not a recognised ground for judicial review.

There is also the moot point that the JR application concerning the first decision (to suspend Crompton) was filed outside of the three month time limit. Administrative courts are generally strict on this deadline and it may well be that part of the claim falls at the first hurdle. At first blush, the argument advanced on behalf of the claimant for late service does not strike the informed observer as particularly persuasive.

Apart from the arguments as to whether one, or four, decisions should be open to challenge by the claimant, the essential thrust of the PCC’s case is that the decision he made – and subsequently sanctioned by the South Yorkshire Police and Crime Scrutiny Panel (PCP) – was one fairly and properly open to him to make. Which is, of course, for those familiar with public law challenges, a routine public authority defence in judicial review proceedings.

Counsel deals with the HMCIC’s three contributions to the Section 38 process on the basis that he must take those into account, but is not in any way bound by them.

The evidence-free proposition by Tom Winsor that confidence in South Yorkshire Police had not been adversely affected by the second of Crompton’s two post-Hillsborough inquests press releases is also countered, firstly, by reference to local and regional feedback to the contrary. Secondly, by reference to pronouncements in Parliament by the then Home Secretary, Theresa May, who was blistering in her condemnation of the second Crompton media offering.

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Home Secretary Theresa May tears into South Yorkshire Police over their response to the verdicts delivered by the Hillsborough inquests jury                                                              Photo credit: BBC TV

Former Shadow Home Secretary, Andy Burnham, also features strongly in pleadings from claimant, defendant and HMCIC (as first interested party). It was Burnham who called, in Parliament, the day after the Hillsborough inquests verdict, for SYP heads to roll over the controversial manner in which the police case had been presented at the Warrington courtroom. Most particularly, by the defence team of the SYP match commanders David Duckenfield, Roger Greenwood and Roger Marshall, and in whose cause the traditional lines of blaming drunk, ticketless and non-compliant Liverpool football plans was relentlessly, and ferociously, pursued by their ‘attack dog’ counsel, John Beggs QC [3].

The other named interested party is the aforementioned PCP but the lawyer who acts for the Panel’s host authority – Rotherham Borough Council – has indicated that they will, for now, adopt only a ‘watching brief’. Mainly, in the interests of proportionality and constraining legal costs funded by the public purse.

Dermot Pearson, the Council’s senior lawyer has, however, in a measured response, invited the court to note that ‘the claimant is not asking the court to adjudicate on the lawfulness of the PCP  recommendation, or the conduct of its procedures’. He goes on to submit, on behalf of the PCP, that there is no good reason why the court should scrutinise the actions of the PCP – and gives an allegation of risk of bias by way of the political composition of the Panel (All Labour Party councillors save for one independent Member), short thrift.

The Chief Police Officers Staff Association (CPOSA) has been approached regarding the source of funding of David Crompton’s claim. It is estimated that the services of his lawyers has cost somewhere in the region of £20,000, so far. The costs to the PCC were noted at the time of filing the defence as over £17,000. HMIC’s costs are likely to be in the order of £7,000, so far, as there appears to be no instructed solicitor. These costs, to all parties, will rise sharply, of course, at the end of what is likely to be at least a two day hearing.

Judicial review applications are normally determined by a single judge on the papers.  If permission is refused at the first stage then the losing party can apply for an oral renewal, which takes place in open court, normally within a short time afterwards. If permission is given for judicial review a substantive hearing takes place. In this particular matter, the hearing will be presided over by two judges: Lady Justice Sharp and Mr Justice Garnham.

Whichever way the court’s decision falls, this is a controversy that will very likely run for some time yet. Fuelled to some degree by the findings of the same two judges at a hearing at the beginning of the month, at which an application from representatives of five bereaved Hillsborough families (Dorothy Griffiths, Barry Devonside, Becky Shah, Wendy Hamilton and Charlotte Hennessy) to be joined to the action, as interveners, was rejected. It was submitted, on their behalf by barrister, Kate Stone, that the families could assist the court by giving evidence concerning the way SYP evidence was presented at the new inquests.

A costs order was also made against the families, reported to be in the region of £28,000. Crowdfunding has been set up in an attempt to alleviate the burden [4].

Page last updated Monday 27th March, 2017 at 1015hrs

[1] Neil Wilby May 2015 – David Crompton: The South Yorkshire Years

[2] Her Majesty’s Inspectorate of Constabulary 29th September, 2016 – Section 38 South Yorkshire Police

[3] The Guardian 26th April, 1989 – Hillsborough: Deadly mistakes and lies that lasted decades

[4] Liverpool Echo 1st March 2017: Hillsborough familes told ‘YOU must pay ex-chief’s legal bill’

Corrections: Please let me know if there is a mistake in this article — I will endeavour to correct it as soon as possible.

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Copyright: Neil Wilby 2015-2017. Unauthorised use or reproduction of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from and links to the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

 

 

We are a very different force….

This is the mantra put out by South Yorkshire Police (SYP) since the days when Meredydd Hughes first spun the line during his reign as Chief Constable between 2004 and 2010.

The same Hughes who said that all relevant materials had been disclosed to the Hillsborough Independent Panel (HIP). They were not. Far from it.

Med, as he liked to be known, also infamously said that he saw nothing wrong with the statements that were altered by his force, and it’s solicitors, to eliminate criticism of senior police officers or smear Liverpool fans. Fortunately, both the HIP and the jury at the Hillsborough inquests saw things very differently.

To top all that off, Meredydd Hughes claims he was entirely unaware that hundreds of young girls were being raped on an industrial scale by Asian gangs in Rotherham throughout his reign as chief constable. He was humiliated and disgraced before the influential Home Affairs Select Committee and repeatedly cut down by scything – and scathing – questions from such as Michael Ellis MP and Chair, Keith Vaz. The inescapable conclusion was that either Hughes was not being entirely frank or he was hopelessly incompetent.

In any other organisation, it would be very difficult to comprehend that someone worse than Hughes could be appointed to lead. But this is South Yorkshire Police and they scraped the bottom of the barrel and came up with David Crompton. He was appointed in April 2012 from another force mired in corruption, the infamous West Yorkshire Police (WYP), and proceeded to live up to his soubriquet, ‘Disaster Dave’ (read more here and here).

But not without repeatedly telling the press, television and Parliament that ‘We are a very different force’.

Crompton is presently suspended from duty and facing section 38 proceedings to remove him from office. His police career, like that of Hughes before him, ends in complete ignominy.

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A new chief constable took office on Monday 25th July, 2016 and former Durham Police Deputy Chief Constable, Michael Watson, very much appears to have got off on the wrong foot: Watson’s first appointment to his Command Team is Christopher Rowley, who is another to make the short journey from WYP’s HQ in Wakefield, to Sheffield, with questions marks hanging over him.

Much has been written about the need to re-build trust and confidence in South Yorkshire Police and, also, the wider police service which, in the internet and social media age, is coming under scrutiny like never before, as scandal after scandal emerges.

One of the key factors in the number of corruption exposés, and the truly shocking scale of some of them, is the almost complete lack of effective oversight from policing bodies such as Her Majesty’s Inspectorate of Constabulary (HMIC), the infamous Independent Police Complaints Commission (IPCC) and the former police authorities. The latter, of course, are now replaced by elected Police and Crime Comissioners. The current incumbent in South Yorkshire is Dr Alan Billings, who replaced the shambolic local Labour politician, Shaun Wright, who, eventually, resigned over the Rotherham child sex abuse scandal.

On Monday 25th July, 2016 an email was sent to the press office at South Yorkshire Office of the Police and Crime Commissioner (SYOPCC). It contained the following:

Can you please answer the following questions?
1. Was Dr Billings aware that as a CI, Chris Rowley was staff officer to Sir Norman Bettison in 2009/2010? I am able to verify this as I spoke to him several times myself in that capacity in 2009. (For what it is worth, I found him rude, arrogant and dismissive).
2. Was Dr Billings aware that Chris Rowley was also closely aligned with David Crompton whilst at WYP? Mr Crompton was DCC at athe time Chris Rowley worked in the CC’s staff office.
3. Was Dr Billings aware that after leaving the staff office, Chris Rowley was posted as a DCI to WYP PSD which, at that time, was deeply involved in covering up the wrongful conviction of ex-PC Danny Major. I was acting as the complaint advocate for the Major family at that time and, eventually, forced an outside police force investigation into the case (Operation Lamp). Both Sir Norman and David Crompton were also, on the evidence, involved in that miscarriage of justice and it was, in fact, Mr Crompton who dismissed Danny Major from WYP in a process that was later discovered, by me, to have been unlawful.
4. Was Dr Billings aware that Chris Rowley is presently the subject of at least two unresolved conduct complaints? Both involve corrupt practice and are well evidenced. One is historic and involves the alleged hacking of my emails (the complaint was actually made by a former Notts police officer whose emails were also allegedly hacked). The other is current and involves the alleged covering up of persistent and very serious criminal behaviour by a police informant. I act as complaint advocate for the complainant in that case also and, as such, aware of all the circumstances and documentation supporting the complaint (WYP CO/952/13).
It should be clarified at para 4 that it was not CI Rowley (as he was then) whom was suspected of hacking my emails, but he was one of only three viable suspects who, seemingly, destroyed three letters of complaint sent to the Chief Constable’s office by the complainant. Two of them via fax and one via mail. It was, however, CI Rowley who made a phone call to the complainant on the morning the third letter was received in Norman Bettison’s office that can, at best, be described as irregular and oppressive. Rowley was trying to persuade the complainant to drop the issue, grounded in the belief that, as a former police officer, he  should be showing ‘solidarity’ and not exposing police wrongdoing.
Para 1 could also have been amplified by credible intelligence from a serving officer (at the time) who informed me that Sir Norman Bettison intervened in the placement of one of Chris Rowley’s children, at a school in which he would otherwise have been ineligible to attend. That allegation, it must be stressed, is both uncorroborated and untested. It should also be said that I would have done the same for my own son should those circumstances have arisen. But, it also has to be said that would not have been a senior police officer abusing trust and authority.
The response from SYOPCC Comms team was amicable, swift and persuasive and, as a result, I stayed the publishing of this article pending responses from Dr Billings, who was out of the office on that day.
The following day I received a message from Mr Billings’ office to the effect that Chief Constable Watson had contacted West Yorkshire Police about the allegations made in the email and the notorious WYP Professional Standards Department gave his new Assistant Chief Constable a clean bill.
To say Mr Watson’s enquiries lacked rigour would be one of the understatements of the year: Firstly, why would anyone in their right mind trust a word that anyone says in WYP’s PSD? Secondly, why did he not contact me and get first hand knowledge of the issues and sight of documents? Thirdly, the victim of the rapes and fraud has also been in contact with him and he has, so far, rebuffed her. She has provided him with a copy of a CJA statement submitted in connection with CO/952/13, in which misconduct allegations against Mr Rowley are graphically detailed.
A formal complaint has now been lodged with PCC Billings by the rape and fraud victim against CC Watson over the manner in which he has handled her issues over ACC Rowley. Receipt of the complaint has been acknowledged and a recording decision is awaited.
This is a story that has some way to run. My own view over Mr Watson’s appointment is very clear. A Deputy Chief from one of the smallest forces in the country is unlikely  to have the skillset, experience and gravitas to take on what is the biggest challenge in policing today. His first step in appointing Chris Rowley as part of his Command Team suggests that his tenure may be, mercifully, brief.
As for Dr Billings, my views are also well rehearsed: He is said to be, by all those who deal with him, a very decent and genuine man, and the way his staff conduct themselves support that proposition. But, the bottom line is, that he has made too many mistakes over David Crompton (suspended but not be sacked, apparently), Dawn Copley (now on long term sick leave), Dave Jones (returned early to North Yorkshire Police, where that force’s own brand of lawlessness still runs unabated) and now, it seems, Michael Watson, for anybody locally to have confidence in his abilities as a Police and Crime Commissioner with oversight of the country’s most notorious police force.

We await with great interest for the first sounding of ‘We are a very different force‘ from Chief Constable Watson.

 

Page last updated: Friday 12th August, 2016 at 0815hrs

© Neil Wilby 2015-2016. Unauthorised use or reproduction of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from and links to the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

Photo credit: BBC

David Crompton: The South Yorkshire Police years

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The recently suspended Chief Constable of South Yorkshire, David Crompton, joined the police service in 1982. He is the son of Sir Dan Crompton, a former Manchester officer who later became Chief Constable of Notts Constabulary.

Crompton senior topped up his post-retirement pension by serving with Her Majesty’s Inspectorate of Constabulary, a sinecure which is now most noted for him describing Hillsborough justice campaigners, in writing, as ‘vindictive, vexatious and cruel’ as a result of them opposing the appointment of Norman Bettison as Chief Constable of Merseyside.

15,000 Liverpool people, led by the indomitable Sheila Coleman, signed a protest petition – and it has never been clarified whether those scandalous words applied to the entire throng. For more background on the disgraceful conduct of Crompton Snr, and sight of a copy of that shocking letter, click here.

Crompton junior, a public schoolboy educated at fee-paying Bury Grammar School, and later a geography graduate of Salford University, was always going to have advantages not open to, shall we say, an ordinary bobby. He rose to the rank of Chief Superintendent in Greater Manchester Police, during which time (in 1994) he graduated through the Common Purpose programme, and transferred to West Yorkshire Police (WYP) in 2004, taking up the role of Assistant Chief Constable.

At that time, WYP was embroiled in a huge corruption scandal that was being investigated by neighbours, North Yorkshire Police, under the codename Operation Douglas. Crompton seems now, with hindsight, to have been a highly appropriate choice to assist in the orchestrating of a cover up in which no WYP officer, out of the eighteen that were identified as committing serious criminal offences, was ever prosecuted. Indeed, it is true to say that not one criminal in uniform even faced a disciplinary hearing.

Lord Justice Simon Brown, in a withering Supreme Court ruling, described some of those offences by West Yorkshire Police officers as part of the worst prosecutorial misconduct he had ever encountered by a police force. A full report on Operation Douglas can be found here.

David Crompton  became Deputy to the infamous Bettison in 2006 after the disgraced knight returned to policing following a two year sabbatical at CENTREX, an ACPO-funded police training organisation. Crompton’s other failings, apart from Operation Douglas, some of them equally disastrous, in those WYP roles, before and during the Bettison years, are covered elsewhere in some detail by uPSD (click here).

Given what was already known about David Crompton, his father’s callous attitude towards bereaved Hillsborough families, and following the disastrous tenure as an ACPO ranked officer at WYP, it would strike the independent observer as incredible that he could ever be chosen to lead a police force, even one as thoroughly discredited as its  South Yorkshire neighbour.

But South Yorkshire Police (SYP) had become desperate by the Spring of  2012, having first advertised the post of Chief Constable the previous Autumn, at the time of the departure of the now disgraced, Meredydd Hughes (pictured below). That initial selection process resulted in all the candidates, including Crompton, being rejected as not good enough.

A second attempt to hand over the poisoned chalice was undertaken and Crompton applied again (he was, according to a well placed source, being plugged for the role by Labour Party contacts close to the appointing body, South Yorkshire Police Authority). Two candidates came through this renewed process, including Crompton (even though he had been passed over first time around), but once Stuart Hyde withdrew his candidacy to take up the Chief’s role at Cumbria Constabulary,  SYP and Crompton were stuck with each other.

Some may even say, deserved one another.

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Meredydd Hughes giving evidence before the Home Affairs Select Committee in September, 2014. By the end of the session his reputation was in tatters.

One of Crompton’s very first acts, as a newly promoted Chief Constable, was to try and bury a perjury/perverting the course of justice complaint against one of his own South Yorkshire road traffic officers, PC 480 Gary Garner. Aided and abetted by his Head of Professional Standards, DCS Neil Jessop, who was one of the on-duty Hillsborough officers referred to the IPCC in September 2012. Jessop was, however, allowed to scuttle off into retirement in February 2013, even though his 30 years service were not completed until three months later. This neatly avoided any awkward questions over the Hillsborough cover-up, but would not protect Jessop if a rigorous criminal enquiry was instigated over the Garner cover-up.

The intended victim of the frame-up was none other than the author of this piece, Neil Wilby. But the Crown Prosecution Service withdrew the charge against him, less than a month before the intended trial date. There was no longer a realistic prospect of a conviction grounded in Garner’s deliberately false evidence. But pursuing their police officers for perjured CJA Section 9 witness statements – and prosecuting them – is not how things work in South Yorkshire Police, as Hillsborough and Orgreave justice campaigners well know.

Notwithstanding, of course, the comment attributed to Crompton in this BBC piece: “I think that if people (police officers) are shown to have acted criminally then they should face prosecution”. Click here to read full article.

Crompton himself was under investigation by an outside police force – supervised by the IPCC – at the time of publication of the Hillsborough Independent Panel Report (12th September, 2012). This investigation had commenced in May 2012 and followed discrimination allegations made against him by no less than the former Legal Services Director at West Yorkshire Police, Ajaz Hussain. A fact Crompton conveniently forget to mention to reporters, TV crews and millions of readers/viewers around the UK, and beyond, on the fateful day that the truth emerged about the sheer depth and reach of the Hillsborough cover-up.

Crompton is now famously exposed by the Daily Star as needing a hug and re-assurance from ACPO’s Sir Hugh Orde on the day the Panel Report was published. It might have been said a bucket of ice cold water to wake him up would have been more prescriptive. Crompton didn’t even know who Margaret Aspinall was, until Mark Thompson, the now-departed Head of Media at SYP reminded him: “David, she’s chair of the Hillsborough Family Support Group. She lost her 18-year-old son James in the disaster.” Readers will draw their own conclusions from that gaffe.

In February 2013, even worse emerged when Crompton was forced to apologise as emails, that he had tried desperately to conceal from public view for months, were forced into the public domain. He accused one of the campaign groups representing Hillsborough families of “lying”. He made the comments in the offending email four days before the publication of the Panel report in September 2012. He said the families’ “version of certain events has become ‘the truth’ even though it isn’t“.

Crompton has not specified what falsehoods he was referring to and has consistently refused to make himself available to answer any further questions. Which is typical of the man known as a “walking disaster” at West Yorkshire Police.

In that particular round of correspondence, Crompton emailed the force’s Assistant Chief Constable Andy Holt (also ACPO lead for football policing matters), and Mark Thompson (see above) on 8th September 2012, four days before the HIP Report was released. The offensive email was ordered to be disclosed by the then South Yorkshire Police & Crime commissioner, Shaun Wright, following a Freedom of Information request by the Daily Star’s Jonathan Corke. The game was up for Crompton as soon as that decision was reached.

The Police Commissioner said the Independent Police Complaints Commission and the Home Secretary, Theresa May, had both been informed of the existence of the email and Wright was “disappointed at the use of such languaged” by Crompton. IPCC Commissioner Nicholas Long concurred – and noted that the content of David Crompton’s email was “at best ill judged, and at worst offensive and upsetting

In the email, Crompton asked for a meeting with Holt and Thompson to discuss launching a web page about Hillsborough, with links to documents. Including previous apologies and memos. He continued: “We then publicise it on Twitter. In effect, it amounts to the case for the defence. One thing is certain – the Hillsborough Campaign for Justice (sic) will be doing their version…..in fact their version of certain events has become ‘the truth’ even though it isn’t“. A quite astonishing passage in the light of subsequent revelations and jury determinations at the new Hillsborough inquests.

Three days after the publication of the HIP report, during which the Prime Minister apologised twice for what the bereaved families, and survivors, had suffered at the hands of South Yorkshire Police, Crompton made his now infamous ‘The Cupboard is Bare’ statement, concerning what had already been disclosed to the Panel, exclusively to a local newspaper (click here to read the full article). Subsequent events showed that Crompton had lied to the Sheffield Star (as he set out to deceive throughout almost all of his WYP tenure) as revelation after revelation emerged about what had not been disclosed to the Hillsborough Independent Panel by South Yorkshire Police. A situation that was to repeat itself during the IPCC’s two year scoping investigation into events at the Orgreave coking plant in June 1984 and the fitting-up of striking miners with false criminal charges arising from events of that fateful day – and beyond.

The Orgreave miscarriages of justice were referred by Crompton to the IPCC in November 2012, following a David Conn piece ‘Hillsborough and the Battle of Orgreave: One police force, two disgraces’ that appeared in The Guardian (click here for full story), which then led to a BBC Inside Out documentary outlining the criminality of South Yorkshire Police officers (click here).

In fairness to Crompton, he was a beat bobby in Manchester when the criminal acts by SYP officers at Orgreave (and in other mining communities) took place. He was, however, in charge of the force when the IPCC complained publicly, more than once, about their scoping investigation being obstructed by SYP’s failure to release all relevant documentation.

At the outcome of the IPCC’s exercise it was very clear from their two reports that serious criminal offences were disclosed (read full IPCC reports here). Instead of arrests and charges being brought against the mainly senior officers responsible, Crompton ducked in behind the quite incredulous line peddled by the IPCC: The offences took place too long ago and it’s not proportionate to deal with the perpetrators through the criminal justice system. The unspoken proposition being that if a police cover-up can be kept going long enough no officer will be charged at the end of it.

Also laid bare was the lie that Crompton told the whole country in September 2012 when he said anyone guilty of a criminal offence should be prosecuted. Orgreave justice campaigners are presently awaiting news from the Home Secretary as to whether she will order a public inquiry, following a recent meeting with her in Westminster.

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Andrew Norfolk – award winning journalist at The Times newspaper

The Rotherham child sex abuse scandal had already been broken open by The Times’ Andrew Norfolk (pictured above) in the same month as the Hillsborough truth day – and it was to reveal a scale of police incompetence, indifference and, in some cases downright wickedness, exhibited whilst hundreds and possibly thousands of young girls were being raped, trafficked and tortured.

What the The Times investigation was also to reveal, once more, was the permanent mindset of the already discredited chief of South Yorkshire Police. David Crompton immediately tried to downplay the piece and sought to discredit Norfolk’s reporting, which has, of course, subsequently received universal acclaim and won many awards.

Crompton’s November 2012 letter to Home Affairs Select Committee can be read by clicking here. In it, Crompton falsely and, it is believed deliberately, claimed that the problem of children being systematically raped was nowhere near as extensive as had been claimed in the newspaper reports and he, further, attached credence to a 2010 co-agency child sex exploitation report, in which South Yorkshire Police were key stakeholders. This ‘whitewash’ has subsequently been entirely discredited by first, the 2013 Jay Report (read here) and later, the 2014 Casey Report (read here). Both of which were hugely critical of the roles of South Yorkshire Police (and Rotherham Council).

The criticisms were not confined to historic events either that, in theory, would leave Crompton, largely, in the clear. The condemnations of the police inaction, up to the time of writing of both reports, were both stinging and relentless: Crompton’s force was still badly letting down victims, long after he became Chief Constable.

He has made two subsequent appearances at the Home Affairs Select Committee when his evidence has, at best, appeared unconvincing and, in places, hopelessly inadequate. These dressings-down by the cross-party panel of MP’s have led directly to the National Crime Agency being appointed to take over primary responsibility for child sex investigation in South Yorkshire – and indirectly to an external inspection of the force being ordered by the Police and Crime Commissioner, Dr Alan Billings. It is, therefore, safe to say that Crompton has lost the faith and trust of his masters – not to mention victims and the wider public – to be able to deal effectively with the protection of children on his patch.

The hardworking and inspirational Rotherham MP, Sarah Champion, also has very little faith in Crompton as she rounded on him as recently as February 2015 in this Helen Pidd interview in The Guardian. Miss Champion didn’t mince her words and accused the Force of “crass policing” when dealing with CSE victims (full Guardian piece here).

For those that have the time, and the specialist interest, the full portfolio of The Times investigations into grooming and child sexual abuse, spread over five years and across into many areas of the country, can be read by clicking here. Whilst the shocking and wilful negligence, and seeming complicity in child sexual exploitation, by South Yorkshire Police looms large – other forces such as Thames Valley and Greater Manchester also fare badly. The latter, of course, one of the other forces scrutinised by Neil Wilby and uPSD.

Turning attention back, specifically, to Crompton, he is not only incompetent and dishonest, proven many times over, he is also incredibly thick-skinned (or possibly just thick) and largely indifferent to criticism, in whatever form that arrives. He also cares little for the feelings of victims, or for public opinion. Despite his constant bleating to the contrary.

A vivid demonstration of those characteristics came in August 2014 when he recruited his old West Yorkshire Police chum, Ingrid Lee, as an Assistant Chief Constable. Lee has three major claims to fame in her policing career: none of which look too attractive in the cold light of day. During her tenure as Head of Organised Crime in WYP, her team managed to have £3.5 million of Class A drugs (cocaine, heroin and cannabis largely) stolen from their property and exhibits store at the showpiece Carr Gate complex in Wakefield. These drugs were then recycled back on to the streets of Leeds and made the thieves, which included one of her own detectives (DC Nick McFadden), around £1.8 million in cash.

Incredulously, after he was first arrested, McFadden was offered a plea bargain, sanctioned by Lee, that if he admitted to theft by finding (he had claimed he found a bag with a large quantity of cash in it by the M62 motorway) then no drugs, or money laundering charges, would be brought. He would get a sentence of 4 years, rather than the 23 years in prison that he actually received.

Another former member of Lee’s aptly named Organised Crime Group found himself in jail soon after. This was long serving Detective Sergeant Chris Taylor, who was sentenced to three years in prison for his part in the infamous multi-million pound Muldoon timeshare fraud.

Lastly, but most crucially, Ingrid Lee was the subject of derision in every national press and broadcast outlet following her disgraceful Operation Newgreen report which ‘whitewashed’ West Yorkshire Police’s role in allowing Jimmy Savile to evade capture for almost fifty years, during which time he was regularly sex offending against children in and around his home city of Leeds. It was an astonishingly inept piece of work, dishonestly grounded – and a kick in the teeth for Savile’s many victims. Why then, did David Crompton, just months later, pick Lee as a member of his Command Team and then earmark her for a role as CSE spokeswoman for the Force?

It is almost as if he is mocking child sex abuse victims.

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Ingrid Lee – her infamous Operation Newgreen report made her a laughing stock

In September 2014, just a month after Ingrid Lee (pictured above) had joined the SYP team, Crompton was in hot water again with the Home Affairs Select Committee. This time a bungled house raid of pop star Sir Cliff Richard‘s home in Sunningdale, Berkshire which was filmed throughout via helicopter and ground cameras and broadcast live by the BBC.

It was a hapless freak show organised personally by Crompton and his Head of Communications, Carrie Goodwin, who is another ex WYP recruit to the Crompton ‘gang’. Goodwin, incidentally, was part of the WYP Comms team that put out the infamous Sir Norman Bettison ‘blame the Liverpool fans’ press release which, indirectly, led to Bettison leaving the police service six weeks later. (Miss Goodwin is also responsible for recruitment of a SYP Hillsborough PR specialist on £45,000 pa, who worked for three months and spent the subsequent nine months on sick leave).

Cliff Richard has strenuously denied any wrongdoing. He was interviewed by the police ten days after the televised, five-hour trawl of his property in connection with an offence that took place 30 years ago and 160 miles away. Keith Vaz, on behalf of HASC told Crompton that he, and his police force, were guilty of ‘sheer incompetence’. The beleaguered chief then wrote to Vaz in February 2015 to say that the investigation into Cliff Richard ‘had increased significantly in size’. This was yet another example of Crompton’s economy with truth: The investigation by then comprised of just three allegations in total, now reduced to two as one of the allegations has proved incapable of substantiation.

There has, to date, still been no arrest or charges brought against the alleged perpetrator in an investigation that now stretches almost into its nineteenth month. It is a shambles and it is not difficult to hypothesise that, ultimately, this will lead to a hugely embarrassing climbdown by Crompton. It would also lead to immediate civil action launched by Richards’ solicitors, Kingsley Napley, who will be seeking a huge sum in damages from South Yorkshire Police on behalf of their client.

At a more basic policing level, South Yorkshire Police under its hapless, hopeless chief constable are a disaster: In October 2014 following freedom of information requests it was discovered that the force has a staggering 75% of its crimes unsolved which begs the question what officers do all day apart from create a villain’s paradise.

Crimes which have not been solved in just the past four years include four murders, 14 attempted murders, 13 child abductions, over 100,000 thefts and 61,320 reports of criminal damage. A full newspaper report on the crisis can be read here. Just two months later, it was revealed in the same newspaper that a staggering 28 murders remain unsolved by SYP and that the force’s cold case review team faced extinction. So, apart from thousands of children being raped, trafficked and tortured in the area for decades there are probably two dozen, or more, murderers running loose on the patch.

Most recently, South Yorkshire Police have come under yet another stinging attack following the publication of a report compiled by Her Majesty’s Inspectorate of Constabulary. It finds that, up to June 2015, the force are still letting victims of child sex abuse down. Of 28 investigations examined by HMIC, only 2 (two) were up to scratch. The report (which can be read in full here) is yet another damning indictment of Crompton and the force he commands, including his CSE lead, Ingrid Lee. Calls for Crompton’s resignation have been led by former Sheffield Council leader and now life peer, Lord Scriven.

So, the Teflon Man survived yet anther crisis – and ten years of the most alarming catalogue of quite catastrophic failures both at South Yorkshire Police and, before that, in the West Yorkshire force still see him serving as a police leader. Little wonder that morale in the force is at rock bottom and the rank and file officers are leaving the force in droves, according to local Police Federation chairman, Neil Bowles.

David Crompton has endeared himself little to front line bobbies, almost from the moment he arrived in post as Chief Constable. Within the first two weeks, he had announced a barmy plan to replace all beat constables with community officers, a scheme that was widely condemned by police commentators and senior politicians, which included the Labour leader at the time, Ed Miliband and a former Home Secretary and Sheffield MP, David Blunkett. Crompton excused the fiasco by describing it as ‘a storm in a teacup’ but many viewed it as a clear signposting of the chaotic shambles that has been a feature of his reign, ever since. (The full Daily Mail story on the PCSO plan can be read by clicking here).

But the final nail in the Crompton coffin may come sooner rather than later with the publication of Operation Lamp. An investigation by Greater Manchester Police into widespread corruption in West Yorkshire Police that led to the malicious prosecution and wrongful imprisonment of one of its own officers (read more here). The man who dismissed ex PC Danny Major (pictured below with father Eric) from the Force in a quite breathtaking kangaroo court was – you’ve guessed it – David Crompton. It may not be the biggest surprise, either, to learn that the man who has advocated on behalf of the Major family for the past three years, and brought about the GMP investigation, is the author of this piece, Neil Wilby.

dan-major
Danny Major (right) pictured in happier times with father, Eric, at Danny’s wedding.

Page last updated Wednesday 27th April, 2016 at 2220hrs

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