The dreaded vote of confidence

She has acted with the utmost integrity“.

So says Greater Manchester’s high profile Mayor, Andy Burnham, as part of a limp vote of confidence in his under-siege deputy, Baroness Beverley Hughes.

Except that she didn’t.

The Burnham endorsement came as part of a blustery defence of the sly, duplicitous, incompetent handling of a serious complaint against her chief constable, Ian Hopkins.

‘Bev’, as she prefers to style herself, is the de facto police and crime commissioner (PCC), as part of the region’s devolutionary structure under the Greater Manchester Combined Authority umbrella. With Mayor Burnham at its point.

Her responsibilities include dealing with complaints against the chief constable. She is, to use the correct regulatory terminology, the ‘appropriate authority’  in such matters.

The complaint against Hopkins concerns an allegation of lying in a press statement he made in response to an excoriating article that appeared in The Times newspaper in June, 2018 [Read statement here and article here].

Remarkably, as the alert reader will have noticed, the expression “acted with the utmost integrity” was also embedded in that statement from the under-siege chief constable. In it, Hopkins also gratuitously smeared police whistleblower, Peter Jackson, a highly respected former senior investigating officer with Greater Manchester Police .

Hopkins also, repeatedly, claimed that there was no ‘cover-up’ mentality within GMP and expressed confidence in the Independent Police Complaints Commission, and their ability to carry out rigorous investigations into alleged misconduct of his officers.

To anyone with even the most rudimentary knowledge of GMP, or the IPCC (now re-badged as IOPC), that was an assertion beyond ludicrous. Even before taking account of the uncomfortably incestuous relationship between the two, that has led to some appalling miscarriages of justice. Notably, in the ‘investigations’ following the deaths of Jordon Begley and Anthony Grainger at the hands of the police.

The latter case has been back in the headlines again, very recently. The Crown Prosecution Service declined to bring charges against ex-assistant chief constable Steve Heywood for lying, and falsifying evidence, at the public inquiry into Anthony’s death. Heywood has been allowed to retire on full, gold-plated pension, claiming he ‘didn’t intend to mislead‘. A familiar claim if you are a senior police officer, or elected policing body, in Manchester.

In the event, Hopkins’ press statement did not age well: Just three days, in fact. A video clip, published on The Times website on 26th June, 2018, shows Hopkins rubbishing the IPCC’s  investigative capability. Their alleged efficacy had, of course, underpinned the defence of GMP’s probity in his now infamous press statement (view The Times film here).

His reputation was, again, in tatters and, significantly, there was no statement put out by the media-savvy chief constable on this occasion.

Insiders say that the focus of the enraged Hopkins was not on an apology and reparation, but, instead, on a GMP counter corruption unit ‘witch-hunt’ for the source of the video clip, identifying how it leaked out of the force and to stem the flow of other information reaching journalists. They drew a blank.

These actions do not sit easily with Hopkins’ robust denials of a propensity to ‘cover-up’ senior officer wrongdoing. There is also a genuine concern that unlawful surveillance may be in use against journalists critical of GMP.

The Times‘ Crime and Security Editor, Fiona Hamilton, whose own integrity and journalistic capability were also attacked by Hopkins’ gratuitous, self-serving missive, responded further, and robustly, in a follow-up article on 15th October, 2018; ‘Police chief “misled” public over boy in abuser’s lair’ (Read here).

Hopkins’ lie about a referral he claimed to have made to the IPCC, in what became Operation Poppy 1 and 2, was ruthlessly exposed. In the same moment, The Times, and one its senior journalists, were both fully vindicated. It was the same plucky Australian, Fiona Hamilton, backed by the full might of The Times, who called for a public inquiry into Greater Manchester Police over high-level ‘corruption’ and ‘cover-up’ in an article published in December, 2017 (read here) and repeated in a stinging Times leader, ‘Murk in Manchester’ two months later (read here).

Again, there was no rebuttal statement from the chief constable over the latest Op Poppy revelations, and no apology for the smears against Hamilton and Jackson. The GMP press office refused to answer questions about the particulars of the untruth.

Meanwhile, Pete Jackson had lodged a complaint with the deputy mayor, over the Hopkins’ press statement alleging breaches of honesty and integrity. Very serious matters, on any independent view.

Bev’s own antecedents are both interesting and relevant. They include resigning from a Ministerial post after apparently lying on BBC Newsnight in 2004, over an immigration ‘scam’ (read BBC article here). At the time, she claimed she had “unwittingly misled” fellow MP’s and the media.

Five years later, Beverley Hughes was caught up in the Daily Telegraph‘s investigation into MP’s expenses. It was revealed that she rented a second home in London with running costs of £1,000 per month in rent, her cleaner was paid £150 per month, and she was claiming £350 per month for food allowance. There were also one-off claims for £801.60 for reupholstering furniture, £718 on a chair and £435 on curtains and for bedding.

Bev announced her decision to stand down as Children’s Minister, and as an MP, shortly afterwards, citing “personal reasons”. She maintained at all times that her expense claims were “appropriate”.

More recently, and, perhaps, most crucially, Beverley Hughes in her role as PCC, had also made a statement following The Times article in June, 2018 that, incredibly, and in its entirety, supported the one made by her chief constable. It was also an unvarnished attack on Pete Jackson (read her full statement here). In her concluding paragraph she says: “The article …… is deplorable, totally unjustified and completely wrong.”

It should be noted that she claims some of the allegations against very senior GMP officers, made by Pete Jackson and a group of other retired, and very well respected, former police officers, have been extensively examined (not investigated). They would all beg to differ.

She added: “Those who claim to have further information have been asked to bring it forward and it has been made clear that we will act on any new evidence. However, none has been forthcoming”.

That all changed when on 6th August, 2018 a meeting between Peter Jackson, Maggie Oliver and Paul Bailey, former chair of National Black Police Association and the Mayor and Deputy Mayor, her chief executive, Clare Monaghan, and the Mayor’s political spin doctor and right hand man, Kevin Lee, took place at Churchgate House, the Mayor’s HQ. The sole topic for discussion was the disclosures made by the whistleblowers, and the further information that ‘Bev’ was, purportedly, seeking so as to justify a fresh investigation.

Bev’s poor attitude, facial expressions, body language and general conduct, during that meeting, was drawn to her attention both at the time, and in comprehensive, and contemporaneous notes of the meeting, provided by the whistleblowers to GMCA. She plainly found the whole process of listening to incontrovertible accounts of GMP wrongdoing highly distasteful. The only challenge to Pete Jackson’s copious notes, by the Mayor’s office, concerned Bev’s gurning. Which was an oddity, as she was facing the three whistleblowers, but sat alongside those who said she wasn’t face-pulling. The rest of his notes, on very serious and extensive police officer misconduct, drew no comment

Mr Lee had spent most of the time fiddling with his mobile phone, and appeared calculatingly disinterested in the meeting, so he couldn’t have seen anything, in any event.

Four months later, the whistleblowers still await any form of substantive response from the Mayor’s office, who stonewall requests for updates. There is no indication that any of the allegations have been severity assessed and passed over for investigation to an outside police force. There is no Decision Notice published, as required by the Elected Policing Bodies (Specified Information) Regulations that would record such action.

With her press statement in mind, together with her crass behaviour during the meeting with the police whistleblowers, the spectre of bias, therefore and unavoidably, raises its head when Beverley Hughes is dealing with a complaint by Jackson against Hopkins. Even at the unconscious level, an issue recognised as a deep-rooted problem within policing bodies.

The outcome into the Jackson complaint against the chief constable, delivered on 21st September, 2018, in a surprisingly short letter, and the subsequent appeal to the IOPC, has, almost inevitably, become the subject of the latest, and not inconsiderable, controversy to engulf ‘Bev’. It is believed to be the third complaint made against Chief Constable Hopkins since she took up the role of PCC in 2017. One was recorded and referred to the IPCC; the other was not recorded as it had been made by a serving officer, which is impermissible under the Police Reform Act, 2002. This information is drawn from confidential complaint documents passed to Neil Wilby.

‘Bev’ has repeatedly claimed that she conducted an ‘investigation’ into the Hopkins dishonesty allegations yet, counter-intuitively, determined its outcome by a process known as local resolution. Entirely inappropriate in the circumstances and, particularly, given what is in issue: The career and reputation of the chief officer of the fourth largest police force in the UK.

An appeal against the outcome, by the complainant, made to the IOPC, resulted in the police watchdog directing the deputy mayor to disclose the details of her alleged investigation to Pete Jackson.

‘Bev’ was given 28 days to do so, which, taken at its face, might seem an inordinate length of time to send an email and attaching a document that ought to be already resting on GMCA’s computer servers.

After several follow-ups from Jackson, protesting at the delay in disclosure, ‘Bev’ sent him a letter, on the 30th day, having ignored a lawful direction from a statutory regulator, saying there was no documentation relating to an ‘investigation’. Nothing. Not a single scrap of paper. Which the canny ex-murder detective had suspected all along, of course.

On any independent view, the constant references to an investigation having taken place, repeated to the IOPC, were false. Invented. Made-up. A lie.

Which takes us back to the opening lines of this article. The Deputy Mayor most certainly did not act with ‘utmost integrity’ and the claim that she did, by Mayor Burnham, seriously undermines his own credibility.

Crucially, the watchdog’s caseworker, whom, for legal reasons, cannot be named here, is now a witness to what may amount to a criminal offence, misconduct in public office. To lie to Pete Jackson is one thing, to set out to deceive a statutory regulator is quite another.

There is also the blackest of irony here in ‘Bev’ trying to convince a senior detective, who’s conducted 1,000’s of investigations, many into very serious crimes, what an investigation should comprise. She, as far as can be gleaned from her CV, has never conducted one before in her entire career.

Even worse, the basic documentation, action plan and communications with the complainant, that support a disposal of a complaint by local resolution were also completely absent. These are embedded in the IOPC’s Statutory Guidance and section 22 of the Police Reform Act, 2002. There can be no mistaking their specification, and necessity. If she needed clarification, Andy Burnham was Parliamentary Private Secretary to David Blunkett, at the time the latter was the promoter of that particular legislation.

The inescapable conclusion is that the ‘local resolution’ outcome, claimed by ‘Bev’, was also an invention. Another lie.

At this point, as social media is agog with the latest Manchester police scandal, in steps the Mayor himself, again: Andy Burnham writes to Pete Jackson and only succeeds in making the situation worse. Much worse, it must be said. He repeats the claim about an ‘investigation’ and conflates it with ‘local resolution’. Thus putting his own integrity into question:

“The Deputy Mayor has explained that your initial complaint was concluded through the local resolution process. This process quite rightly involved an investigation into the allegations you made. However, as you may be aware, no investigation report is produced at the conclusion of the local resolution process.”

He is bluffing, and plainly badly advised: An investigation has many characteristics, but making a phone call to the person complained about and receiving ‘assurances’ that it was ‘all a bit of a rush and a misunderstanding’ wouldn’t be one to rely on. Burnham then adds this:

“Following the decision of the IOPC to uphold your appeal and having consulted senior officials at the IOPC, the Deputy Mayor and I have decided to commission a local investigation which will be fully compliant under the terms of the Police (Conduct) Regulations 2012 and therefore its validity beyond doubt.”

Burnham doesn’t offer any explanation, or apology, to Jackson, as to why the initial process didn’t even begin to be compliant. He also fails to disclose why he has acted outside the Police Reform and Responsibility Act in having informal discussions with the IOPC, rather than referring the matter to them for a mode of investigation decision, to be made by the watchdog, not the PCC or the Mayor.

As crucially, what the Mayor doesn’t say is WHO will be carrying out the investigation into the allegation that Ian Hopkins has lied in a public statement. Again, with not a little irony, about a referral to the IOPC.

It also appears that Burnham is minded to attempt to conduct a second complaints process without involving the complainant. In response, ex-Supt Jackson has made it crystal clear that he expects a Section 9 Criminal Justice Act statement to be taken, as there is now a misconduct in public office allegation against Hughes. An allegation of a criminal offence from a retired senior police officer, that the Mayor seems to have airily dismissed without referring the matter to a police force, other than, possibly, GMP, for investigation.

Mr Burnham also does not make clear whether the PCC and appropriate authority, Beverley Hughes, is excluded from the process as a result of her catastrophic failings in the first attempted disposal of the complaint. Both she, and the statutory officer advising her, Clare Monaghan, appear to be clueless about the applicable legal framework in respect of complaints: ‘Bev’ is automatically excluded from the process having been involved in an abandoned local resolution. IPOC’s Statutory Guidance makes this clear.

Mrs Monaghan was also surprisingly unresponsive when approached by a card-carrying journalist to ascertain that she was, in fact, the statutory officer required to support a police and crime commissioner. Given that her total cost to the taxpayer is approaching £170,000 per annum, the salary cost of eight police officers on the beat, better might be expected of her.

Mayor Burnham signed off his letter to Pete Jackson not only with the dreaded ‘vote of confidence’ but, also, what appears to be a veiled threat:

“There can, therefore, be no suggestion that the Deputy Mayor has lied or acted with anything other than utmost integrity throughout this process. I ask you not to repeat your accusations.”

A politician is, effectively, telling a police officer with 31 years exemplary service, latterly as Manchester’s top detective, what does, or does not, constitute an untruth. This is Pete Jackson’s response:

“All [Beverley Hughes] actions suggest anything but that [utmost integrity]. There has been zero communication, zero consultation and zero documentation provided. Can you imagine how a police officer would be received at court if they had taken such a clandestine, secretive approach to an investigation with no records or documentation to show what they had done? Do you think the court would determine that the officer had acted with ‘the utmost integrity throughout’?”

“All I have seen is delays, prevarication and a response to my complaint that has engendered complete and utter mistrust.”

There has been no response, as yet, from the Mayor to that compelling argument.

But the Mayor and Deputy Mayor’s present problems aren’t confined to a dishonesty complaint about the chief constable. ‘Bev’ is facing one herself from investigative journalist, Neil Wilby. The genesis is a highly contentious freedom of information request which has again caused Bev’s integrity, and compliance with statutory obligations, to be questioned.

The requested disclosure concerns the circumstances surrounding the appointment of GMP’s newest member of the command team, Assistant Chief Constable Maboob ‘Mabs’ Hussain.

It seems that, caught out by other disclosure made to that same requester, on the same topic, from Greater Manchester Police, ‘Bev’ has provided a false outcome. She claims that, after appropriate searches were conducted, not a single scrap of paper was retrieved, or available to be lawfully disclosed. No notes, no diary entries, no telephone logs, no meeting notes, no meeting notes, no interview agenda, nothing.

Even taken at its face, any independent reviewer would find that far-fetched. Also, the GMP disclosure strongly indicates otherwise.

Having been forced to make a request for the false finalisation to be reviewed internally, the first paragraph of what is a quite brutal examination of the shortcomings of Beverley Hughes reads thus: “This is a response so deceitful, calculatingly so, in my respectful submission, that section 77 of the Act may well be engaged. For convenience, I attach a copy of the relevant section of the Act. As the Deputy Mayor should be aware, not knowing the law is not a defence.”

The review request goes on to say: “Further, and in any event, there is no provision in the Police and Social Responsibility Reform Act, 2011 for secret meetings, absent of written record, to take place between a chief constable and an elected policing body concerning the appointment of his assistants. The proposition, advanced in the finalisation of this request, is, accordingly, deeply concerning. Again, the Deputy Mayor is most strongly urged to seek appropriate, independent legal advice before attempting to maintain this position following internal review.”

Three reminders to comply with the Freedom of Information Act have not persuaded ‘Bev’ to swing into action. In fact, the last two have been completely ignored and the Information Commissioner’s Office is now seized of the matter. No rebuttal of the direct challenges to her integrity has been provided in the ensuing two months.

The full correspondence trail from the What Do They Know website can be read here. It presents ‘Bev’ again as incompetent, a prevaricator and prepared to indulge both in deception and breaching an Act of Parliament.

As an elected policing body, her position might now be argued as being untenable. The question should also be asked how, given her past history, she came to be handed the role in the first place.

This extract from Wikipedia sums up Baroness Beverley Hughes, another disgrace to this country’s honours system, as neatly as any other anecdote: In July 2001, she received significant ridicule and criticism in the media after it was revealed that, along with other politicians, she had repeatedly denounced an edition of the Channel 4 television show Brass Eye as being “unbelievably sick”, but then subsequently admitting that she’d never seen it – and refused to ever watch it. The programme was, in fact, parodying hysteria surrounding the issue of paedophilia and the media, thus commentators suggested that extreme reactions such as those by Hughes had in fact emphasised the need for such programming. Sir Paul Fox criticised Hughes and her colleagues, suggesting they “have to have the courtesy to have seen the programme before they go in at the deep end”, with Christopher Howse even more critical, suggesting “it was as if paedophilia were sacred and not to be blasphemed against” and that the IDIOCY of Hughes’ performance on the affair was “hard to beat”.

That last line could well be repeated over her performance in handling the complaint against her chief constable. Taking a wider view, in the Hopkins case she repeats her delivery of a pre-formed judgement, without considering any of the evidence, as she did in the Brass Eye controversy.

But, whichever way it is looked at, it does little for her standing as a public figure and her well-tarnished integrity. How long she now lasts as PCC, following the ‘vote of confidence’ from her boss, remains to be seen.

GMP’s press office provided these two statements:

“Complaints against the Chief Constable are required to be considered independently by the Local Policing Body which in the case of GMP is the Mayor for Greater Manchester. The decisions concerning recording and investigating complaints against the Chief Constable are a matter for the Local Policing Body”, a GMP spokesperson said:

Comment from Chief Constable Ian Hopkins: “I am aware of the allegations that are being made. I welcome the allegations being looked at that I deliberately lied in my public statement of 23 June 2018. There was no intention on my part to lie or deliberately mislead anyone in my statement.”

The GMCA press office was also approached for comment. The request has not, so far, been acknowledged. Which, regrettably, is standard for that organisation.

There was, however, a response to the information request from GMCA’s Assistant Director of Information and Governance, Philippa Nazari. Materials were disclosed that Beverley Hughes had previously denied existed. There was no explanation for the discrepancy. No explanation as to why Bev chose to break the law to avoid disclosure.

The GMCA finalisation has been challenged on the basis that there are still further materials undisclosed.

The IOPC press office has refused to provide either the name of the police force appointed to carry out a second investigation into Chief Constable Hopkins, or name the senior investigating officer. They attempted to pass a press request over to their freedom of information department.

Last updated: Monday 10th December, 2018 at 2020hrs

 

Picture credit: Greater Manchester Police

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© Neil Wilby 2015-2018. 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.

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.

‘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.

may-as-crompton-suspended
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.

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.