Disgraced Durham detective to face further scrutiny

An appeal against the outcome of an investigation into alleged dishonesty of Greater Manchester Police chief constable was lodged with the Independent Office of Police Conduct on 16th July, 2019.

The allegations focus on the truthfulness and nature of a vitriolic, ad hominem public response by Ian Hopkins to an article written in the The Times by Crime Editor, Fiona Hamilton. It centred on GMP’s mishandling of surveillance of a known and active paedophile, Domenyk Noonan, who was also a key player in a serious and organised crime network in the Manchester area (read the background to the complaint and The Times story here).

The investigation report, running to 66 pages, plus a large number of appendices, was signed off by the now retired Durham Constabulary chief constable, Michael Barton. It has come in for withering criticism from the complainant, Peter Jackson, a nationally-known police whistleblower who retired at the rank of temporary superintendent. The core finding is that Hopkins has ‘no case to answer’.

Littered with grammar and spelling mistakes, it mirrors a previously published report authored and signed off by Barton. This was into another largely-failed Durham investigation concerning Police Scotland. It conveys an impression of amateurs doing a professional’s job.

Which begs the question: Why, over the past three years, has a small county force, with very limited resources, been involved in four very high profile ‘outside force’ investigations: Two for GMP, including this one. The other being the ‘Titgate’ scandal, in which the Durham investigation resulted in Rebekah Sutcliffe, controversially, NOT being sacked. The other is the highly vexed Operation Yurta.  An investigation  for the Police Service of Northern Ireland around the Loughinisland massacre, in which PSNI were conflicted over a previous outcome that was found to be corrupt.

Mr Jackson descibes the investigation into his former boss, codenamed Operation Mackan, in general terms, as ‘one of the worst investigations I have come across in a police career that spanned over 30 years, most of which were spent as a front line detective investigating serious crime‘.

His more specific grounds of appeal, as submitted to the IOPC, are reproduced here:

The investigation conducted by Durham Constabulary was not fair, not independent and not objective. The Senior Investigating Officer (SIO), Darren Ellis from Durham Constabulary, whom, despite his status as a civilian officer, conducted the investigation on behalf of the Mayor [of Manchester] refused to speak to or gather evidence from witnesses identified by myself, the complainant.

Mr Ellis was defensive, aggressive, belligerent, sarcastic and antagonistic in his dealings with both myself and those witnesses identified. My complaint had been initially dealt with by the Deputy Mayor Bev Hughes in a very defensive and dismissive manner and I felt that Mr Ellis exhibited confirmation bias from the outset.

The witnesses I identified could provide further evidence in relation to CC Hopkins making [allegedly] untruthful statements previously. Significant similar past behaviour of [allegedly] being misleading and dishonest. Throughout the investigation I have not been properly consulted or kept informed.

The SIO, Mr Ellis. agreed with me at the outset ‘to go where the evidence took him’, but then refused to do this. He has completely ignored the evidence contained within my witness statement. The final report produced is biased, the conclusion of ‘no case to answer’ completely at odds with the evidence provided. The SIO has cherry picked certain information to try to support his conclusions and ignored compelling evidence in doing so. It is essentially a ‘whitewash’ and as the complainant I signalled my concerns at an early stage with a vote of no confidence [in Ellis] to the Mayor Andy Burnham, who allowed the SIO to continue.

“There has been little transparency throughout, and transparency provides confidence and demonstrates integrity, of which there has been none. The Mayor has refused to provide copies of appendices referenced in the report, despite my repeated requests. I would like to see these to strengthen my appeal.

“I have other documentary evidence I wish to submit but cannot attach to this online folder. I will provide them if given a contact name and contact details“.

[The text of the Jackson appeal has been modified slightly to mitigate any complaint or application by Mr Hopkins, prior to final findings being made where dishonesty allegations are asserted, but unproven].

The further evidence referred to by Peter Jackson, in his on-line appeal form, was supplied to the North Casework team at the IOPC’s Sale Office a short time afterwards.

He has not, as yet, been notified of the name of the IOPC caseworker, or analyst, who will assess his appeal. In ordinary circumstances, that would be an officer very much in the lower echelons of the organisation.

The IOPC operates a triage system, but it is not known if the Jackson appeal has been graded as high priority. Given the potential for further reputational damage to the police service, it may be a case they wish to slow this case down rather than speed it up.

To be clear, the police watchdog does not carry out an investigation, or re-investigation, as part of the appeal process. It is largely an administrative, statistical, box-ticking process with an exercise of discretion available. For example, they have the power to order a new investigation, or part of an investigation.

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Given the type of appeal process to be undertaken by the IOPC, a re-incarnation as police watchdog of the highly discredited IPCC, the issue of prejudice does not arise by disclosing the Jackson appeal submissions. The same might not be said about GMP and/or the Mayor’s office leaking details of the Durham investigation to their ‘friendlies’ in the local media, prior to the expiry of the period for lodging an appeal. Which both must have been certain would follow. Or, by giving the chief constable a pat on the back and a new contract before the investigation process was exhausted.

Bizarrely, Hopkins was given the two-year extension to his contract, by Burnham, on the very same day the investigation report was sent to Jackson. In the face of proceedings that are still live and his alleged misdemeanours severity assessed by Barton as ‘gross misconduct’.

A summary of the investigation outcome was, it appears, also given to the Manchester Evening News on the same day. As one has come to expect, their coverage of the investigation, and contract extension, read like a glowing school report and lacked any sense of the appropriate rigour when reporting on a chief constable who staggers from one very serious confidence-sapping crisis to the next, on an almost weekly basis.

Although fronted by Mike Barton, whose recent ‘retirement’ from the police service, also poses more questions than answers (read more here), the Durham investigation, instigated at the invitation of the Mayor, was carried out by a team of three civilian detectives. Led by the now infamous Darren Ellis. The ‘whitewash’ outcome, and the allegedly erratic, partial, deficient, inadequate Ellis investigation that underpins it, was foretold in earlier articles published on this website (read more here). Neither Durham, nor Ellis, have challenged the validity of those articles, despite the latter referring to them frequently.

Since the articles appeared, the Ellis investigative frailties, and notably arrogant, unpleasant demeanour, were ruthlessly exposed at the High Court in Belfast, in a very high profile claim brought against Durham and the Police Service of Northern Ireland by two highly respected journalists, Trevor Birney and Barry McCaffrey. The case, which centred on their No Stone Unturned documentary about the infamous Loughinisland massacre, was covered widely in the national press on both sides of the Irish Sea.

The Irish Times reporting of the unlawful arrest scandal included these quotes, which resonate strongly with what is already known about the Hopkins investigation:

“During the hearing it emerged that Darren Ellis, the officer from Durham who led the investigation, did not appear to have a high opinion of journalism. Barry MacDonald QC, who represented McCaffrey, said the motivation for the arrests could be found in Ellis’s attitude. He said that earlier this year after McCaffrey and Birney held a meeting with Grahame Morris, a Labour MP in Durham, to discuss their case, Morris received a call from someone “purporting to be Darren Ellis”. The caller was “foul and abusive” to his staff and had “ranted” about the MP having met “terrorists and criminals” [referring to Messrs McCaffrey and Birney], MacDonald said.

“The court also heard that Ellis had noted he “had concerns that the obvious networks between the suspects [the two journalists], politicians, the legal community and the journalistic/media representatives [The NUJ] may be complex, challenging and obstructive and thus threaten justice”. [Mr McDonald] described Ellis’s stance as “a staggering proposition” and evidence of the “warped mindset” of the police officer driving the process”.

He went further and said: “Ellis, of Durham Constabulary, was “a man on a mission” against the Ombudsman and investigative journalists, who had “put words in the mouth of a suspect [of the Loughinisland murders]”. The court found Mr McDonald’s submissions, and those of Gavin Millar QC, representing Mr Birney, persuasive – and readily found in favour of the journalists (and a wider free press it must be said).

The warrants for arrests and property searches against the two journalists were quashed. The Durham chief constable was equally culpable as Gold Commander of this catastrophically failed, lop-sided Loughinisland investigation. He apologised publicly to the Policing Board of Northern Ireland (in a televised broadcast from which I live tweeted) but, incredibly, defended the behaviour of Darren Ellis. He also refused, point blank, the request of Sinn Féin’s Gerry Kelly to apologise to the journalists. The abrasive attitude of both Barton and PSNI’s chief, George Hamilton, also now retired, throughout that Policing Board meeting caused offence and upset to the families bereaved by the Loughinisland massacre. As did the fact that Ellis had, apparently, had a meeting with the named chief suspect of the murders and attempted to turn him into a victim of ‘oppression’ by the two journalists.

Chief constable Barton was, of course, also Gold Commander of the Hopkins investigation which was running in tandem with the Loughinisland probe from December, 2018 onwards.

A personal interest in this investigation, and subsequent appeal to the IOPC, is declared, as I was one of the witnesses of fact called upon by Peter Jackson, and named as such in his evidential witness statement. This was based on my extensive dealings with GMP, particularly since Ian Hopkins became chief constable, and the discovery of an apparent culture of dishonesty and cover-up that appears to cascade down from the senior leadership team. Read more articles here.

It is true to say that I was contemptuously dismissed by Ellis, in a manner that has given rise to a misconduct complaint. As were the only two other Jackson witnesses: Paul Bailey, a serving GMP detective, and a retired inspector from the same force, Scott Winters.

The chief constable’s repeated assertion, over which Ellis places great store, of ‘never intentionally lying’ would have been unsustainable in the face of evidence from the three Jackson witnesses.

In an investigation spanning six months, no witness statement was taken from Fiona Hamilton at The Times, either.  The same can be said about a senior BBC employee, closely involved in the Manchester: Night of the Bomb documentary, was also subjected to Hopkins’ particular brand of vitriol, by way of an attacking, and ill-founded, rebuttal of the film’s content and conclusions. He/she was prepared to give evidence to the Mackan investigation, on the condition of confidentiality, but Ellis chose to ignore him/her completely. Yet, one of the two IOPC press officers who gave an account was granted confidentiality. As was one of the GMP press officers.

Nick Hitchens, the duty IOPC press officer on the day, is named in the report. Part of the IOPC evidence included this: ‘The response made by GMP (to the Times article) was personalised and used emotive language from CC Hopkins‘. A nod to the unvarnished, unwarranted and highly offensive attacks on the integrity of Peter Jackson and Fiona Hamilton, by Hopkins. Mr Hitchens told investigators ‘that some of the bits weren’t strictly true, or an interesting interpretation of what happened’. He also complained strongly, and justifiably, that the IOPC had not been consulted on the issue of the press release by GMP, despite events concerning the watchdog being central to it.

Steve Noonan, Deputy Director of the IOPC’s Major Investigations Team, expressed similar concerns when giving his account to the Durham investigation. The claim by Hopkins, and others in GMP, that they were working to a deadline, has no basis in fact.

Evidence was taken, conversely and perversely, from a significant number of GMP officers supporting, and, indeed, shaping, the Hopkins narrative. Other witnesses, whose accounts did not fit, appeared to have their evidence tailored to suit, by Ellis, using only highly selective snippets and, even then, several seemed to have their context fully stretched. Two of those witnesses are actually employed in the IOPC press office, which presents an unusual dilemna as one of their own watchdog colleagues will be assessing the merits of their evidence. Some of which will most certainly impact on the outcome of the appeal.

There is no indication that GMP or Mayoral emails were scrutinised or diaries, day books seized concerning what the police force declared a ‘critical incident’ on the morning of the appearance of the damaging article in the The Times, with all the resource and scrutiny implications that follow. There is not even a simple chronology. Or an analysis of Hopkins’ phone calls or location (he had started the day with breakfast in a hotel in Gateshead). Unless, of course, they are contained within the, so far, undisclosed appendices. The movements of Chief Constable Hopkins are crucial in piecing together what happened on the day in question and either validitating, or undermining, the account he gave to the Durham investigators. Which, essentially, is that he delegated the matter to on-duty chief officer, Assistant Chief Constable Russ Jackson (no relation to Peter). That, perhaps unsurprisingly, differs from the Hopkins account given in the previous attempt to dispose of the complaint against the chief constable. No mention is made of delegation, or ACC Jackson, in the decision letter sent to Peter Jackson dated 21st September, 2018.

During the investigation, it emerged that the complaint history of Ian Hopkins does reveal that he received informal ‘words of advice’ from Tony Lloyd, previously the Police and Crime Commissioner and then Mayor of Greater Manchester, following a Radio 4 interview broadcast in February 2016. A complaint was made on the 8th February that year. As can be seen from his decision letter of 5th May 2017, PCC Lloyd came to the conclusion ‘that the Chief Constable did not deliberately lie on the programme and that he acted in good faith following briefings which he was given’. Lloyd concludes by saying In future, I have advised the Chief Constable to be more thorough in checking briefings provided to him prior to interviews’.

Controversially, Hopkins also misled the public in much more dramatic fashion in November, 2015 when an entire front page of the Manchester Evening News was devoted to a sham statement about an alleged investigation into his own discredited Professional Standards Branch by the Metropolitan Police Service. This was not covered by the LLoyd investigation and Hopkins has, subsequently, relied again on the ‘didn’t intentionally mislead‘ defence. The core of the evidence I will give to the IOPC, as part of their appeal assessment of the Durham investigation, will undermine the chief constable’s position. The Met’s purported robust six-week investigation shrunk to a critical friend peer review. The whole exercise was shrouded in deceit and cover-up.

A local newspaper reported on 20th June, 2019 that Amanda Coleman, the GMP Corporate Communications Director at the time the offending press release was broadcast, was placed under investigation and placed on restricted duties. That was within a week of the Op Mackan investigation report arriving at GMP HQ. It is not known if the two events are connected. A source very close to the force asserts that Ms Coleman has left GMP.

Earlier this year she said on her own well-populated blog: “Police communication has been my focus for 20 years and I remain as passionate about it today as I was when I eagerly arrived for my first day on the job in 1999.

Her Twitter account has been silent since March, 2019 and there has also been a pause in her blogging over a similar period. Which, on occasions, appeared at the rate of one publication per day.

Another huge scandal surfaced in the last days of July, 2019 which impacts directly on the Durham investigation. It is reported that GMP ‘chief officers’ (they are not named) misled the Deputy Mayor for Policing, Beverley Hughes over surveillance of disabled protesters and reports made to the Department of Work and Pensions, by the police, of their presence at rallies. The force press office also did an about turn on the same issue. Having first put out a denial, four months later they reverse that decision. The core point is that the only police officer with legal proximity to the Deputy Mayor is Ian Hopkins with whom she is obliged to hold regular policing oversight meetings. In some forces that happens weekly. It is not known how often these two meet. A more complete article on this topic will appear on this website, presently. But its importance as evidence supporting the Jackson complaint cannot be lightly dismissed.

The controversial Deputy Mayor, found to be untruthful both in her parliamentary days as an MP, and more recently, and relevantly, when the Hopkins complaint surfaced. She did, of course, claim, in writing, to have carried out an ‘investigation’ of her own when the reality was she had done no such thing. The Durham investigation into Hopkins’ alleged dishonesty came about after an earlier successful appeal to the IOPC by Peter Jackson. The watchdog directed Hughes to disclose her investigation report and it turned out there wasn’t one. Her ‘investigation’ had been an informal phone chat with Hopkins, about which there were no records at all.

If the watchdog fudges the appeal and matter reaches the next stage, Peter Jackson is confident that a pre-action application for disclosure, accompanying a judicial review claim form, would succeed. The sharply honed instincts of an effective and highly regarded murder detective also guide Jackson’s view that the annexes to the report will reveal further flaws in the investigation. Which is put forward as the reason why the Mayor, Andy Burnham, through the medium of Deputy Director of Policing, Clare Monaghan, is so keen to conceal them.

Burnham’s conduct throughout this process, which includes the proposterous assertion that his Deputy “acted with the utmost integrity” in the earlier stages of this particular complaint (there has been a number of others) has been utterly reprehensible. To the extent that this, Peter Jackson contends strongly, taken together with complete inaction over a very large number of other serious incompetence or corruption scandals (25 at the latest count), is a resignation issue for the Mayor.

Those reading the follow-up article to this one may well agree with that position.

Andy Burnham, the IOPC, Durham Constabulary and Greater Manchester Police have all been approached for press comment.

The Mayor’s office were asked to confirm if they stand by their decision not to release the full documentation relating to the report and also, if they are aware of GMP policy relating to restricting duties of officers under gross misconduct investigation. It will be a miracle, close to turning water into wine, if any response is received from Mrs Monaghan. With regard to knowledge of the subject policy, extensive dealings with the Mayor’s office has revealed a genuinely alarming lack of knowledge of process, and record-keeping, where GMP is concerned. Mrs Monaghan costs the taxpayer around £170,000 pa for that level of inefficiency and ineffectiveness. She it at the core of many of the oversight failures, including the legacy issues emanating from her time working for the Mayor’s policing predecessor, Tony Lloyd.

Durham press office were asked to confirm whether serious complaints against Darren Ellis, referred by Andy Burnham to chief constable Barton in May, 2019, have been recorded by Durham in accordance with the Police Reform Act, 2002 and severity assessed by way of Police (Conduct) Regulations, 2012. They responsed promptly and suggested that the press request might be better approached via a freedom of information application. In journalist parlance, that very likely means that the complaints have not been recorded, but the force is unwilling to admit that fact.

Darren Ellis has not taken up the offered right of reply. Remarkable for a man who has plenty to say on almost any topic. Most particularly, about himself.

A statement was requested from Deputy Chief Constable Ian Pilling, via the GMP force press office, concerning force policy and the evidence he and ex-head of their Professional Standards Branch, Chief Superintendent Annette Anderson, gave to a recently concluded employment tribunal. Since this article was first published, GMP’s press office has notified the absence from the force of DCC Pilling. It is said that he may provide a statement when he returns from holiday.

GMP has, so far, refused to provide a copy of the force disciplinary policy. They suggested making a freedom of information request. Presently, on the WhatDoTheyKnow website there are unfulfilled requests dating back to February, 2019.

The IOPC has confirmed that they are currently dealing with the appeal, but ‘do not give timescales for their assessment and subsequent publication of the outcome’.

Picture credit Getty Images, Liam McBurney, PA

Page last updated: Thursday 8h August, 2019 at 0625 hours

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Barton beats an unexpected retreat

Earlier this week Durham Constabulary announced the retirement of its chief constable, Mike Barton, both on social media and via a press release issued to local, regional and national media. The story attracted little attention, given the controversial figure he has frequently cut.

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But this announcement took many people by surprise, not least policing colleagues whom he had told that he wanted to complete 40 years police service before contemplating retirement. That would have taken him through to at least 2020, having joined Lancashire Police in 1980. 

In a typically robust Sunday Mirror article (read here), published hours before the retirement announcement, there was absolutely no inkling that the Durham chief was about to abandon his post and the high profile, and hugely important, war on knife crime.

Born into a farming family, Mike Barton became a constable with his local force in Blackpool, where his beat included the resort’s famous Golden Mile. He was awarded the Queen’s Police Medal in 2014.

Now aged 62, and a self-proclaimed ‘maverick’, Mr Barton agreed a five-year contract extension in November 2016 (read more here). That arrangement was intended to take him to the end of the current Police and Crime Plan agreed with his employer, the Durham Police Crime and Victims Commissioner, Ron Hogg,

For reasons that are unclear, for the present at least, the Sunderland Echo reported that Barton’s contract extension was only three years, and that ‘he had worked beyond his intended retirement date’.

News of chief Barton’s departure also came as a shock to those closely involved with Operation Lackan, a misconduct investigation into alleged dishonesty and disreputable conduct of Ian Hopkins, chief constable of under-siege Greater Manchester Police. The complainant is retired GMP superintendent, Peter Jackson. Currently, the country’s best known, and most widely reported, police whistleblower. The author of this article is, also, a deponent in those proceedings.

Mr Barton is Gold Commander of that highly vexed probe. A role he accepted at the very end of last year from Greater Manchester Combined Authority, the appointed body to deal with complaints against the region’s chief officer. At the present rate of progress, with terms of reference taking, it seeems, twelve weeks to agree, it is difficult to see Barton signing off the investigation outcome before he retires.

The question also hangs in the air as to why he took on the highly significant Manchester investigation if retirement was front of mind. His temporary replacement as chief will be present Deputy Chief Constable, Jo Farrell. Nothing in her police record, or via other open source material, suggests that she has experience of heading up such a controversial gross misconduct investigation. The major significance of that apparent deficiency unfolds as the sudden, and unexplained, departure of another chief constable is analysed later in this piece.

In these circumstances, the statement issued by his police force press office is worthy of further scrutiny: It begins by saying that the chief constable confirmed his retirement, in writing, that morning (11th March). Suggesting that he had already told his employer, verbally, that he was leaving the force. A leaving date of 7th June might imply that such a conversation took place during the previous week, on 7th March.

The usual valedictory prose pads out a substantial portion of the rest of the statement – and it is much nearer the beginning than the end where the reason for the sudden exit is given: Mr Barton wants to ‘spend more time in his greenhouse and with his grandchildren‘.

Earlier in the statement he is quoted thus: ‘There remain many challenges in policing that I would have relished tackling, but there comes a time when one should hand the baton to the next generation of talented and committed people who will bring their own style, thinking and approach’. Which is an oddity, of itself, as the National Police Chiefs Council, of which Mike Barton is a very prominent, outspoken member, openly admit there is a troubling, and worsening, dearth of senior officer talent in this country.

But above all, he said, the role as Durham’s chief constable had been ‘exciting’ and ‘enormous fun‘. His police colleagues in Durham, and possibly elsewhere, refer to him as a ‘nutter’. In the comedic sense, one assumes?

The statement concludes by saying that details of the procedure to recruit the next chief constable will be announced by the PCC’s office over the coming months. Which precludes any handover, by Barton, to his successor in the top job. The role currently attracts a remuneration of £134,400 per annum, plus the use of a pool car for private use and generous pension benefits.

This unexpected, and largely unexplained, departure is in a similar mode to that of a another experienced, long-serving, recently retired chief, the enigmatic Dave Jones, who ended his service at neighbouring North Yorkshire Police. Except that Jones did what was, effectively, a ‘moonlight flit‘. On the day his departure was announced, 9th April, 2018, after a period of annual leave over the Easter period, he put in a three month sick note and never appeared at force HQ again. NYP were then forced to seek a successor in his absence, with no smooth transition period, and the consequent cost and operational penalties.

Pertinent public interest questions put to the disgraced North Yorkshire Police and Crime Commissioner, Julia Mulligan, concerning proposed action over a possible contract breach, drew the usual blank. Jones’ had willingly committed to remain at NYP until May, 2020. Turning his back on around £350,000 in salary and benefits to ‘spend more time with his family‘. His three months of sick leave was worth over £40,000 in pay and benefits.

It is worth noting, in a wider context, that Dave Jones spent the first 21 years as a Greater Manchester Police officer and was, at one stage, a CID colleague of Peter Jackson.

Mike Barton has walked away from a similarly large sum, and given much the same reason for doing so. Which, in both cases and taken at their face, appears scarcely credible.

Jones was facing a mounting series of operational problems, adverse inspection reports, quite astonishing criticism from an appeal court judge, and other serious questions about his competence and integrity posed in the media. Other possible reasons for his departure are explored in another article on this website (read here).

But Barton has, previously, faced none of the sort of relentless journalistic scrutiny which came the way of North Yorkshire Police before, and during, the Dave Jones era, and he appears to have an excellent relationship with local and national media. Basking in the glory of being rated as the country’s best police force, according to Her Majesty’s Inspector of Constabulary, and being a ‘colourful character’ to boot. Relations between chief constable and police commissioner also appear to be always positive. A situation that could not be said of Jones and his own controversial, and soon to depart, PCC.

But taking on the Hopkins investigation has brought about a different type of scrutiny, not least from this quarter, from whence, and with ample justification, Durham Constabularly is frequently referred to as “a grubby little police force” – and it is already very clear that Durham are not enjoying the oversight. Blocking posts on social media would be a particularly peurile, and futile, example. If a detective chief inspector, and a senior professional standards officer to boot, doesn’t want to hear the truth about the failings of her police force, then Victoria Martin might reflect on her Oath of Constable and whether she is, in fact, deployed in the right vocation. 

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Operation Lackan is very likely to turn out to be highly toxic and Mike Barton has appointed as his Silver Command an officer who appears, on all the evidence seen so far, to neither have the requisite competencies, judgement, resilience or the temperament, to cope with what faces him across the Pennines: Investigating the chief officer of a police force beset with very serious organisational and leadership issues, at least six times the size of his own. A journey so arduous he has, on at least one occasion, required the services of both a detective sergeant AND a driver.

Darren Ellis, a civilian investigator who appears to be Barton’s favoured bag-carrier, has already been placed on written notice concerning some of the professional failings identified, so far, and reacted to reasoned, and well evidenced, criticisms with a grotesquely unprofessional, spiteful, childish response. Ellis also appears to be highly sensitive to fair, and plainly expressed, comment on social media. Even though, surprisingly, and for one who has such an extraordinarily high opinion of himself, he appears to have no presence on Twitter. He was, also, previously a close working colleague of DCI Martin (and may well still be a subordinate in her department). Which may well imply a cultural, or organisational, issue within Durham Constabularly in dealing with hard truths. 

The obsession, stoutly maintained by Ellis, of the existence of a partnership, or other influential or advisory arrangement, between Peter Jackson and Neil Wilby does him no credit. He has been told, repeatedly, by both, it simply does not exist. There is simply no evidence to support his near-frenzied repetition. 

Neither does his bizarre authorisation of the release of lengthy, and unredacted, email correspondence between complainant and police investigator, to an investigative journalist, and all the consequent breaches of the Data Protection Act.

In a previous investigation in which Darren Ellis was closely involved, as lead investigator, Durham Constabularly were criticised, for apparent lack of understanding of data legislation, by Police Scotland’s Deputy Chief Constable, Rose Fitzpatrick. In the same letter, which can be read in full here, she also noted that Durham had stepped outside of the agreed terms of reference.

The Lackan investigation, conducted with appropriate rigour, and following the evidence, will see the end of the career of Hopkins, if he hasn’t already joined the ranks of disgraced senior officers from the Manchester force who have either resigned, or retired over the past few years. These include ACC Rebekah Sutcliffe (Titgate), ACC Steve Heywood (lied to Grainger Inquiry; forged policy log entries), ACC Terry Sweeney (Operations Poppy 1, 2 and 3), ACC Garry Shewan (Operation Redbone; Operations Lamp/Redhill; £70million iOPS failure).

Sweeney’s departure, whilst facing gross misconduct investigations, including the Shipman body parts scandal, infuriated many policing commentators and, actually, led to a change in the law. The other three departed on Hopkins’ watch as chief constable. He was deputy chief when Sweeney slid out the back door of GMP HQ.

Two of their replacements are already mired in controversy, ACC Mabs Hussain (read more here) and T/ACC Annette Anderson, who is currently on a three month absence from the force, whilst attending a senior leaders’ course at the College of Policing. Hopkins is directly involved in the former and, indeed, created it. His deputy, DCC Ian Pilling is closely involved with the Anderson scandal and is also the subject of robust, well-evidenced, criticism over a series of alleged ‘cover-ups’ that have already featured, regularly, elsewhere on this website. He presently faces no misconduct proceedings, but will definitely be cited in evidence supporting the section of the Jackson complaint that deals with institutionalised deceit.

Ex-ACC Dawn Copley could also, feasibly, be added to the list of controversial ex-Manchester retirees. She became the shortest ever serving chief constable in police service history when her tenure lasted just 24 hours at South Yorkshire Police. It has been well reported that ‘Big Dawn’, as she is commonly known, and Peter Jackson, clashed a number of times, as he repeatedly insisted that an investigation should be launched by another police force concerning the ill-starred Operation Nixon (read more here).

Both Copley and Pilling are former Lancashire Police colleagues of Mike Barton, and therein at least part of the answer to the latter’s sudden departure may lie. If, as might be expected, the dishonesty complaint against his chief constable colleague, Ian Hopkins, widens to examine an institutionalised culture of deceit and ‘cover-up’ that cascades down from the top of the Manchester force. A point presciently made in one of a series of articles by The Times journalist, Fiona Hamilton, who is also likely to give witness evidence in the Lackan investigation.

On any independent view, Greater Manchester Police, absent of any meaningful oversight from those public bodies responsible, principally the Deputy Mayor and the perenially hopeless Independent Office for Police Conduct, is a ‘bandit’ police force that, to maintain public confidence, requires urgent intervention from the Home Office. Reminiscent of the dark days of the infamous Leeds City Police in the late 1960’s and eary 1970’s. In slightly different terms, The Times newspaper has twice called for a public inquiry, via its hugely influential leader column. Read by every Prime Minister since 1788.

Which poses a second question concerning Mike Barton: In the twilight of what is reported to be a long, illustrious, and decorated, police career would the Durham chief want to risk being dragged, wittingly or unwittingly. into a situation that has already stained the careers of so many other senior police officers – and likely to end several more? 

Comment about any investigation would normally, and quite properly, be reserved until its outcome is published, so as not to engage prejudice. But this particular matter is wholly exceptional, as it has almost entirely been played out in the public domain. The complainant is a very high profile police whistleblower and the misconduct complained of concerns the chief constable of the UK’s fourth largest police force. Two of the witnesses are journalists. Another one is a retired police officer, a fourth is a serving police officer. There are a large number of national newspaper articles, and publicly accessible investigation reports, concerning the Jackson disclosures, which date back to 2014. Indeed, Operation Lackan centres around one of those articles, published by The Times in June, 2018; the Hopkins response; and two follow-ups in The Times that destroyed both the police statement and one made in support of it by the Deputy Mayor of Manchester, Beverley Hughes

In my own extensive and informed knowledge, there can only be one conclusion: Hopkins has, on any view of the facts, misconducted himself and, with it, brought disrepute to the door of his force. The only matter to be determined is one of degree. Which may be the third reason why Mike Barton has decided to go.

Fourthly, Operation Lackan promises to be neither ‘exciting’ nor the ‘great fun’ that the Durham chief says is his more familiar experience in police HQ at Aykley Heads. Far, far from it. There is likely to be a some banging of heads against brick walls dealing with the Manchester Mayor’s office and Barton may have decided, after his experience of the Police Scotland investigation, that enough is enough (read more here).

By way of another curious coincidence, a gross misconduct investigation, carried out on behalf the the Cheshire police commissioner, into another chief constable, Simon Byrne, was one of the reasons mooted for the abrupt departure of Dave Jones. Described by John Beggs QC as ‘sub-optimal’, at the subsequent disciplinary hearing, the much-feared barrister was being uncharacteristicly over-generous. As the public hearing unfolded in Warrington Town Hall, it became clear that Jones had been out of his depth: The investigation was a shambles, almost from start to finish. He had previously told the commissioner, David Keane, that he was experienced in such matters. It appears as though he was not. What was not disclosed to Mr Keane was that Jones and Byrne had a professional association, via the Scrutiny Board of the National Police Air Service. A member of that same body, at the material time, will say that the two ex-chiefs were friends. Both Byrne and Jones were also senior ex-Greater Manchester Police officers.

By contrast, there is no doubt at all that, given a free hand, Mike Barton could, and very probably would, investigate the Hopkins allegations effectively, and report back efficiently, with appropriate findings. But the big issue is, whether his terms of reference from the Manchester Mayor’s office, where knowledge of the applicable statutory framework appears seriously limited, would have allowed him such liberty. That could be advanced as the fifth and most crucial reason. Who wants to conduct an investigation with their hands tied behind their back? But now, with Barton’s impending retirement, we will never know.

Greater Manchester Combined Authority, on behalf of the Mayor of Manchester, Andy Burnham, confirmed, in a press statement dated 15th March, 2019, that Chief Constable Hopkins would not be either suspended, or placed on gardening leave, whilst the misconduct investigation is in progress. That strongly implies that Mayor Burnham has not passed the matter over to Durham Constabulary as a ‘gross misconduct’ investigation, but a much lesser one of ‘misconduct’. GMCA has not confirmed, as yet, whether a Regulation 15 notice has been served on the chief constable. Enquiries to Greater Manchester Police press office on this subject were referred to the Mayor’s office.

Terms of reference for the investigation have now been disclosed by Durham (read here), after unnecessary delay, apparently as a result of invervention by Darren Ellis, and, put shortly, fall well short of what Ellis promised the complainant in correspondence with him and, it appears from that email chain, assurances given in the face-to-face meeting they had. Peter Jackson has emphasised two key points throughout his contact with Ellis:

– Firstly, that a term of reference be included to the effect that the investigation will ‘go where the evidence takes it’. In layman’s terms, that means if other offences, either misconduct or criminal, are uncovered during the taking and examining of the evidence, then the investigating officers would pursue those appropriately.

– Secondly, Jackson has maintained that the very public and deliberate smearing of himself, Fiona Hamilton and her newspaper by Chief Constable Hopkins cannot amount to anything other than an abuse of his position, and conduct that brings disrepute to both his own force and the wider police service. Hopkins has made no attempt to put the record straight with a correction statement and that fact simply adds an aggravating feature to the offences.

Screen Shot 2019-03-20 at 21.23.11

Allowing the scope to be limited in this way, after a delay of what appears to be almost three months, does not bode well for the efficacy of the Mike Barton investigation. Neither does the secrecy surrounding his sharp exit from it.

The acquisition of further knowledge behind the Durham chief’s retirement decision, and the PCC’s enthusiastic endorsement of it, are now the subject of two searching freedom of information requests (read here and here). 

Page last updated on Sunday 24th March, 2019 at 1335hrs

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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Picture credit:  Durham Constabulary

© Neil Wilby 2015-2019. 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.

 

 

Staring into the abyss

As an eight year old lad, I was hit by a car whilst crossing the main road near the tied colliery cottage in Whitwood, Castleford that was my family home at that time (number fifteen, the house with the unkempt gable in the picture).

The injuries were not life threatening, but I was detained in hospital for five days. I retain little, or no, memory of what was, most fortunately, a glancing blow impact.

When consciousness returned the next day, a policeman from the now defunct West Riding Constabulary was soon at my bedside, along with my parents. They were, of course, anxious to hear an account of what had happened. I told them about my errand to the newsagents, almost opposite the landmark Rising Sun public house, coming out of the shop, looking both ways before attempting to cross, seeing a car coming from my left, nothing from my right. Judging that I could beat the car, as a notably fast runner, I sped across the road.

It wasn’t possible to say whether the car, later identified as a Wolseley sedan used in a post office robbery in neighbouring Normanton, had hit me with its offside or nearside wing. It, very obviously, hadn’t struck me head on. The driver may have stopped, briefly, to ascertain my condition, but he didn’t remain at the scene and was never caught.

All I could usefully report was that it appeared grey in colour with a large chrome radiator grille and bumpers. My elder, much loved, and now sorely missed, sister found me in the road, nearer the centre than the far kerb. It was Jacqueline that had despatched me to the shop with the usual inducement of a penny for sweets. By the time she was at the scene, other cars had stopped and an ambulance, called for from the nearby pub, was on its way.

After the police officer left, my father robustly challenged my account and suggested I had been reading the evening newspaper, the purpose of my errand, or had my nose in my bag of Sports Mixtures, and not looked before crossing the A655.

It was my fault – according to my father – and I’ve never forgotten the words he said, thereafter: “If you tell one lie, you will end up telling five or six more to cover up the first one”. They are quoted by me, often, to this day.

To a young lad lying in hospital, with broken bones and crushed pride, when, in reality, he should have been on a mortuary slab, the accusation was deeply wounding. The pain is still felt over 50 years later. More excruciating because there was no apology from my father when, a couple of weeks later, our local bobby told my parents about the escaping villains in a stolen vehicle. Which appeared to support my account, in part, at the very least.

I had told the truth, and had been caught out by the speed of the car, but that flawed, and summary, parental guilty verdict was etched in the front of my mind. As was the fact, that I learned over the years, my father very rarely explained or apologised for anything, up to the day he died in 2014. But, in that regard, he was no different to most other men hewn from coal mining stock in the many surrounding pit villages.

Latterly, I’ve been drawn into another ‘car-crash’ investigation, this time in North Manchester, the site of the region’s police headquarters, rather than a quiet West Riding backwater, just off the M62. There has also been a second incident in Central London, at New Scotland Yard, as the country’s largest police force has failed to apply the brakes and prevent a slow-motion collision with a pedestrian, plodding investigative journalist unnaturally driven to uncover the truth.

Again, allegations of lying, lack of explanation or apology are the central themes. Its aftermath has already spawned three articles on this website.

Mystery of the missing peer review

Your cheque is in the post

Peering into the gloom

Greater Manchester Police (GMP) is a force that has attracted a lot of adverse media attention over the past few years and, in particular, its seeming ability not to come clean about its shortcomings, explain them, learn lessons, apologise and move on. Instead, it has a senior leadership team that is perenially mired in deceit and ‘cover-up’.

The present chief constable, Ian Hopkins, having joined GMP in 2008 as one of Sir Peter Fahy’s assistant chiefs, promoted to deputy in 2011, then taking over the top job, unopposed, in 2015, has been at the scene of much of the controversy.

This latest, and still expanding, investigation into alleged GMP impropriety started with a notion that the force was, once again, hiding the truth over internal failures. But, taken at its face, appeared relatively innocuous at the outset, compared to those by other newspaper, radio and TV journalists covering, for example, death or industrial scale rape and trafficking of children.

On any view, it is a quite extraordinary tale and GMP has now dragged the Metropolitan Police Service under the bus with them. It began, in November, 2015, with an entire front page of a newspaper taken up with a photograph of a newly invested chief constable, accompanying a hard-hitting story of a repeatedly called for, long-overdue corruption inquiry.

The once-mighty Met was, it was said, to spend six weeks in Manchester investigating GMP’s much-criticised internal affairs department, otherwise known as the Counter Corruption Unit (CCU). A root and branch process that would settle the ‘corruption’ argument one way or the other. Hopkins vigourously denies any wrongdoing of his police force and, by implication, himself.

Of some concern at the time, but not, apparently, to the newspaper’s reporter or editor, the Met invasion was designated to be a process known within policing as a ‘peer review’. A long way short of a misconduct or criminal investigation, by another police force, that many deemed essential.

The CCU, a secretive, undercover investigative unit, forms one limb of GMP’s Professional Standards Branch (PSB). Another is the PSBi, known as the Professional Standards Investigation Unit, which, ostensibly, deals with overt resolution of public complaints. A third is the Force Vetting Unit, and, lastly, Legal Services.

The role, and importance, of the latter is often misunderstood by the public, as the primary function of the PSBi is to prevent, at source, civil claims being successfully mounted by complainants. That applies to the professional standards departments of every police force in the country. If they came clean to the public, and properly explained the dynamics, it would save so much time and frustration to those wronged by the police.

An unseen, and too often unseemly, activity of the CCU is to target officers who become a problem to the reputation of the force by speaking out against wrongdoing by other officers. They are subject to intensive and, often, seriously intrusive scrutiny in order to discredit and ultimately drive them out of the police service.

Ex-Superintendent John Buttress is the highest profile example of this tactic as the CCU were, for example, permitted, without sanction, to seriously tamper with witness evidence and criminally hack the phone of his partner as part of a grotesque, highly-publicised witch-hunt. By contrast, Assistant Chief Constable Steve Heywood was allowed to retire after the Crown Prosecution Service decided not to prosecute him on the most compelling evidence. The working hypothesis is that the CCU attack dogs were not unleashed on Heywood to dig up other dirt, just in case the CPS ‘bottled it’ over his lying in oral evidence to a public inquiry, and forging a document disclosed to it.

The Met’s peer review team did not look at the Buttress file. Nor is their any suggestion in their final written report that any of the other controversial files were examined, either.

The three previous ‘peer review’ articles covered the genesis, execution and aftermath of the Met’s visit to Manchester, in forensic detail. A fifth article will follow this one, demonstrating that GMP’s professional standards function, post peer review, is as deplorable as ever.

The focus of this fourth article is the huge gap between expectation and delivery: What the local newspaper projected as a robust, thorough, warts and all investigation and the pale imitation, talking-shop that actually took place at Manchester police HQ.

After the third article, a highly critical take down of what can only be described as an inter-force ‘whitewash’, a statement from the GMP chief constable was sought, via his press office, in order to explain the difference. This is the lengthy response, attributed to a force spokesperson.

“In late 2015 a programme of work to transform Greater Manchester Police’s Professional Standards Branch was put in place. As part of this work a range of activities were undertaken including a full, in depth independent review, a peer review and oversight from an external group.

“The Peer Review by the Metropolitan Police originally planned for 6 weeks in late 2015 had been delayed due to operational matters. This was rescheduled to May 2016 by which time substantial work was already underway as part of the independent review. The peer review therefore was focused as an assessment of the progress that had been made and changes which were planned. This was reduced from the initial scope to two days as this was sufficient for its revised purpose – to support the independent review and transformational change programme which had started in Nov 2015. The Peer report was provided to GMP in December 2016.

“The external reference group was established in Feb 2016 with an independent chairperson. Representatives on the group included a wide range of individuals with expertise and views about the work around professional standards. They continued to provide support and advice until June 2017.

“The programme of work has led to changes being made to the way professional standards operates in GMP and we are continuing to review and develop this work. Since then there have been reviews by HMICFRS (Her Majesty’s Inspector of Constabulary, Fire and Rescue Service) and the IOPC (Independent Office for Police Conduct) who have raised no issues of significant concern.”

There was no comment, as specifically requested, from the normally voluble chief constable.

A request for clarification of a press statement that, plainly and unexpectedly, introduced a tranche of what appears to be significant new information, regarding the alleged review of GMP’s PSB was, however, plainly necessary. There is no open source material available to support any of the assertions made by the press office about independent and external scrutiny, other than the Met’s peer review. A search of the two police watchdog websites was not immediately fruitful, either.

The second press request was thus formulated:

“There is no wish to be a burden to a busy press office but this is a matter directly affecting public confidence, not only in GMP, but in the wider police service.

Independent review: Who carried it out, when did it start and end, was there a closing report (the latter would be subject of an FOIA request, of course)?

External reference group: Please provide details of name of the group, and its constituent members, and, also, direct me to any publications made either by GMP, or the group, before, during or after the review. This is necessary to establish their credentials for carrying out the work. Only the Chair would be named in the article, unless the other Members raised no objection to being named, or their names are already in the public domain.

HMICFRS and IPCC (IOPC): Can you please direct me to the ‘watchdog’ reports referenced in your press statement?

“These require scrutiny, and further comment from them, as my own extensive experience of PSB (which is the subject of the next in the series of peer review articles) leaves me in no doubt, whatsoever, that the department is still quite shockingly run, with little or no discernible commitment to the requisite ethical or professional standards. A matter I have articulated, at some length, to DCC Pilling, over a lengthy period, including the email dated 24th March, 2018 which is attached as a pdf.”

 

The press office replied as follows:

“We have nothing further to add to the statement and report you have received on this. If you wish to seek further information then please put in an FOI request.

“With regards to where the reports are, you will need to speak to those respective organisations if you want to find/access their reports.”

This, from a police force that jumps on any ‘open and transparent’ bandwagon that rolls past. Even by press office standards, and GMP are one of the better ones it must be said, it is a woeful abdication of ethical and professional responsibilty.

Quite apart from which, it could safely be argued, the information sought, via the press office, should be part of a police force’s publication scheme on their own website, or that of the elected policing body that provides oversight. That is the effect of guidance given to public authorities by the Information Commissioner, a statutory regulator.

In any event, the questions, as framed, should have posed no difficulties at all if there is nothing to hide: Who undertook the reviews, when did they start and finish, where are the reports?

The irony is, also, completely lost on the press office that the peer review, and the transformational change programme within which it was embedded, was designed to improve the experience of those engaging directly with the force, and stakeholders who had lost confidence in GMP as a result of swathes of adverse publicity connected to corruption allegations.

A sub-optimal response, as this one can safely be characterised, is simply an open invitation to a journalist for the delivery of more stinging criticism. Kicking off with the wasting of substantial amounts of not only my time, but those dealing with freedom of information (FOI) requests within GMP, HMICFRS, IOPC, College of Policing, National Police Chiefs Council and the Greater Manchester Mayor’s office. All avoidable, with a minimal amount of effort from a GMP press officer and one GMP PSB administration assistant, or low ranking detective.

What follows, by way of further investigation, is a piece by piece dismantling of the GMP press office statement, with, almost inevitably, more deceit and double-speak exposed. It will be re-assembled after the disclosures from the various FOI requests are received, around the end of January, 2019. A delay which appears to be the only motivation for GMP providing a statement of such obviously poor quality.

The starting point has to be the introduction, by the press office, or the directing mind behind their statement, into the peer review ambit, of the “independent review” and the “external reference group”. In a five month, fairly intensive, journalistic investigation of the peer review, this is the first heard of this additional form of scrutiny.

I was alert to the possibility that they could be one and the same, but the press office would have made that clear, surely? So, this analysis proceeds taking the force spokesperson’s words at their ordinary meaning.

Returning to the genesis of this saga, there was no mention by Chief Constable Hopkins of anything other than a peer review on the now infamous Manchester Evening News front page. The Metropolitan Police were put up as the solution to the problem, and no-one else. It also begs the question that if GMP have the country’s largest, and much the most important, police force giving an organisational problem the ‘once over’ during a six-week review, why would anyone else be needed?

In an article published by the MEN in September, 2016, it was noted that the peer review by the Met had taken place, but attributes no source and, most certainly, does not mention either of the other two reviews. The working hypothesis being that the local newspaper was also blissfully unaware of their existence:

“The peer review by the Metropolitan Police was carried out at the request of Chief Constable Ian Hopkins, in a bid to draw a line under the [corruption] allegations which stretch back at least two years and which it vigorously denies.

“A separate investigation has been carried out by Kent Police into 17 allegations of corruption made by sacked former chief inspector John Buttress.”

The thrust of the MEN article was that a member of GMP’s counter-corruption team was under investigation for alleged fraud. The CCU officer, believed to be of managerial rank, is one of several being investigated after the force received information from a whistleblower concerning the alleged inappropriate disposal of £100,000 worth of vehicles.

* Since this article was first published on 18th December, 2018 information has come to light that the CCU officer, an inspector (whose name is known), was cleared of any wrongdoing. He was formerly a covert officer in GMP CID and the alleged fraud concerned members of his team selling vehicles previously used in undercover operations at below book value. *

The next stop in the search for the peer review truth was a trawl of the Manchester Mayor’s website. He, and his Deputy, are the de facto police commissioner for the region, with a statutory remit to appoint, dismiss and provide oversight of the chief constable. It did shed some light, but does not assist either Mr Hopkins, or his press office. Quite the opposite, in fact.

This is an extract from the Deputy Mayor’s Independent Ethics Committee meeting on 28th January, 2016 tucked away under Any Other Business:

“Ian Hopkins gave the Committee a brief update with regards to the general review of the Professional Standards Branch in GMP, and in relation to individual cases. Reports in relation to this are expected within the next few months.”

No questions relating to the ‘general review’ were raised by any Ethics Committee Member and, it appears, no advance notice of the Manchester Evening News article, loudly trumpeting the Metropolitan Police peer review, was given to the Committee by Mr Hopkins, at their previous meeting on 15th November, 2015. Even though it occupied the whole of the front page of that newspaper just four days later.

Neither the words ‘independent review’ or ‘external reference group’ were mentioned to the committee on either occasion. On that basis, the Ethics Committee, led by the Bishop of Manchester, Right Reverend David Walker is dismissed as having partaken in any meaningful ‘independent’, or ‘external’, review of GMP’s PSB or CCU. The Bishop has previously served as a human rights panel member at the College of Policing. Which would make for an interesting brainwashing competition.

The Ethics Committee was the brainchild of the previous Police and Crime Commissioner, Tony Lloyd, who instituted it in early 2015. In a letter to HMICFRS talking head, Zoe Billingham, Lloyd signalled that a process of reform in GMP was already under way, with particular focus on both PSB and CCU (read in full here). This, of course, differs from the press statement wherein it states the process began in November 2015.

In the months after the Met’s peer review was said to be delivered to GMP, there were two meetings of the Ethics Committee. Attended, respectively, by Deputy Chief Constable Ian Pilling and Ian Hopkins. The minutes of those meetings reveal that there is no mention of the peer review, or any other review of PSB.

After elimination of the Ethics Committee as a reviewing body for PSB transformation, the College of Policing and HMICFRC websites were the next locations searched for open source data connected to the various alleged reviews of GMP’s PSB and CCU. It was a short process. There is none. Freedom of information requests have, subsequently, been submitted to both.

Chief Superintendent Annette Anderson, who played a key liaison role with the Met, before and during the peer review, served for two years with HMIC, prior to its change of name, after they took over inspections of fire and rescue services. During her time with the inspectorate, a report was published that bears the title ‘Police Integrity and Corruption – Greater Manchester Police’ and is dated November 2014 (read here). It is a largely unimpressive piece of work, given the most serious of subject matter, that appears to be lacking in the necessary investigative rigour.

My own experience of dealing with HMIC, on disclosure and press issues, is memorable only for that organisation’s underwhelming mediocrity, led by a man with a chronic over-estimation of his own ability and judgement. Sir Thomas Winsor’s characterisation of the disgraced David Crompton, a former senior officer with GMP, and later chief constable of South Yorkshire Police (SYP), as ‘an exceptional police officer’, in civil proceedings fought out in the Royal Courts of Justice, defied comprehension. I sat in the press seats, a few feet away from both, quite simply agog.

HMICFRS has, also, fairly recently formed an External Reference Group to advise on policing protests (read here). Incredibly, its panel includes another disgraced ex-SYP chief, Meredydd Hughes, who gave, arguably, the worst evidence ever, to a Parliamentary Select Committee, when questioned over his knowledge of industrial scale rape and trafficking of children, over the entirety of his period in charge of that disgraced force (view video here). Hughes is also on the list of discredited ex-GMP senior officers, having served there as an assistant chief constable from 1999 until 2002.

The suspicion is now raised over the efficacy of such groups, if this is a sample of the selection of its constituents. It may well explain why the GMP press office were reluctant to reveal more details of their own?

A FOI request has also been submitted to the IOPC, seeking details of their alleged involvement in the subject reviews. Whilst not attributable to the IPCC (as they were then known) an undated, 22 page document did surface. It appears to have been produced internally by un-named officers in GMP’s professional standards team for the consumption of the police commissioner at the time, Tony Lloyd (read here). It is largely statistical, but in one interesting paragraph it reveals the appointment in 2014, by Lloyd, of a Greater Manchester Complaints Ombudsman, retired judge William Morris, to work alongside Lloyd’s deputy, Jim Battle, dip sampling PSB files. It appears that files were inspected, and reviewed, on this basis once, but there is no trace of further activity, records or minutes, via open source. Battle continued to sit on the Ethics Committee until recently.

Absent of substantive responses to the FOI requests, the preliminary view is that the ‘independendent review’ and ‘external oversight group’ activities, relied upon by the GMP press office, amount to much the same as the fabled Emperor’s New Clothes.

Attention is now turned to the other anomalies in the GMP statement:

Firstly, it is claimed that the peer review report was delivered by the Met to GMP on 22nd December, 2016. But the document is clearly dated on its front cover, 7th January, 2017.

Secondly, it is claimed that the peer review was delayed by ‘operational matters’. The reality is that, the terms of reference, a two page document, was not drafted by DCC Pilling until the end of March, 2016. The Met responded extraordinarily quickly after that. GMP had previously claimed, in writing, that the terms were drafted by the Met, not by Pilling. They have not responded to a request for an explanation of that anomaly.

Thirdly, the GMP claim that the work of the Met’s peer review team could be reduced from six weeks to two days, on the basis of the other claimed reviews, simply has no evidence base and appears fanciful, at best: The Met’s peer review report and appendices, within its 42 pages, make no mention at all of the work, or findings, of any other reviewer, or how their own task was related, or joined, to them.

Fourthly, as alluded to earlier in this piece, an informed insight into the inner workings of GMP’s PSB, post peer review, is that it is still in a desperate state. Not assisted in any way by its two principals, Anderson and Pilling, lacking the necessary grasp of the applicable statutory framework. Or, failing to adhere to it, if they do. Also, deploying a hopelessly incompetent Complaints Manager, Mike Thornton, whose very presence blights the whole department.

Thornton, unbelievably, is a delegate of the chief constable in a role known as Appropriate Authority. Which more than anything, informs on the importance, or lack of, that GMP attaches to ethics, professionalism and the effective, efficient resolution, or disposal, of public complaints.

Following the email sent to DCC Pilling in March, 2018 – a blistering, fully evidenced condemnation of the PSB under his leadership – and sent to the press office to assist their reply, I wrote again to Pilling, in early November, 2017, following the exposure of subsequent calamities. He was invited to reflect on the wisdom of having the key role of complaints manager filled by an officer plainly unsuited to the role. His reply, which, I believe, was drafted by Thornton, was both vacuous and peurile, and, as is usual in my dealings with him, fails to address the core issue.

Any implication of improvement in PSB following the various reviews, as alluded to in the press statement, is simply untrue. A matter put to them, with some force, in my follow up questions. To which, of course, they declined to answer, at all. On any independent view, a continuation of the organisational lack of truthfulness which has characterised this investigation from the very outset.

My father’s body was cremated in April, 2014 after a short, poignant, private service. When the coffin was touched in a last farewell, I wanted to believe he may have gone to a better place. The last few years of a life that lasted almost 86 years were blighted by the most terrible dementia, having previously survived bowel cancer, first diagnosed in 1980-81. At that time, he was given only 6 months to live, but he was a proud Yorkshireman, with the love of a wife, Vera, utterly devoted to him for all their adult lives, to cling to. He survived 33 more years, although his propensity for evidence-free, snap judgements did, thankfully, diminish over the years. It is also true to say that my own indulgence of them increased, correspondingly, with advancing maturity.

Alan Wilby may look down on his son, or up, who knows, and say to himself: ‘Might have been a bit hard on the lad, but he certainly learned the difference between right and wrong, truth and lies’.

My promise to the old man is that I will get to the bottom of this peer review farrago, and change for the better, for the taxpaying public in Manchester, will be brought about, one way or another.

As a footnote, my dear mother, who passed away in January, 2018, did not approve of anything that was critical of the police. Including my own investigative journalism. She had this unswerving, old-fashioned faith in their efficiency, effectiveness, fairness and honesty. As so many of her generation did. The liars and deceivers in the present day police service should deeply reflect upon where all that went wrong.

 

Page last updated on Sunday 23rd December, 2018 at 0720hrs

Picture credit: Roy Hampson and Shirley Schofield

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.

© 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.

 

 

 

 

Peering Into The Gloom

In an article published on this website on 11th November, 2018, ‘The mystery of the missing peer review’ (read in full here), the importance of freedom of information (FOI) requests as an aid to journalism was highlighted.

It investigated the background to an alleged ‘cover-up’ by the chief constable of Greater Manchester Police over well-publicised allegations of misconduct and criminality within his Counter Corruption Unit (CCU). The wider public might better recognise the CCU as the equivalent of the AC12 department in the hugely popular television drama, Line of Duty.

As that article explored, ‘The mystery’ centred on the silence that followed  a front page splash in the local newspaper trumpeting, what many believed, was to be a root and branch investigation that would settle, once and for all, whether his Professional Standards Board (PSB) was responsible for corrupt investigation outcomes. Read article in full here.

Within GMP, as with most other police forces, the secretive CCU operates under the overarching PSB umbrella. It also includes the departments that control disclosure under both the Freedom of Information Act and Data Protection Act. The newspaper described Manchester’s versions as “feared and loathed“.

The previous article posited three possible explanations for the ‘missing’ peer review report, and why the chief constable, or his deputy, who has portfolio responsibility for PSB, was refusing to be drawn into any statement, and stubbornly resisted publishing the findings of the review.

In summary, they were:-

– The peer review didn’t take place.

– The peer review did take place, but was a complete sham.

– The peer review did take place, but there was never any intention to produce a closing report.

Five days after the article appeared – and drew widespread attention on social media – a response to a FOI request made to GMP in August, 2018 was finally provided. All efforts, over the previous three months, to persuade the police force to even acknowledge the request had failed. They had broken the law, repeatedly, to prevent a journalist getting to the truth of this increasingly vexed matter.

The unlawful conduct of the Met is similarly grounded: Significant disclosure to a request first made in July, 2018 is still withheld, as excuse after excuse is given for the delay. None of them, taken at their face, appear remotely credible. It has spawned a separate, excoriating article on this website, ‘Your Cheque Is In The Post’ (read here).

A notice issued by the Information Commissioner’s Office (ICO) expired on Wednesday 12th December, 2018. Which, potentially, places the Commissioner of the Metropolitan Police Service in contempt of court once a Decision Notice is issued by the statutory regulator. On any view, a very serious matter indeed.

Over, and above, the Met’s precarious legal postion, even holding the country’s largest, and most important, police force to ridicule, on social media, has failed to squeeze out the requested peer review documents before the expiry of that ICO notice.

Without a doubt, something very important is at stake here and, when routinely dealing with the police, that usually amounts to only two things: Covering up their own wrongdoing, and protecting the reputations of senior officers whose fingerprints are on the misconduct.

The delays by both police forces to the requests for disclosure, very much in the public interest, give the impression that they are connected, and co-ordinated, at very senior officer level, whilst hard-pressed civilian disclosure officers, and lawyers, are placed in the firing line, to take the inevitable flak.

The partial disclosure of documents connected to the Peer Review, eventually made by GMP on 16th November, 2018, do not, readily, answer any of the three hypotheses expounded in the previous article. Indeed, they actually pose more questions about both the intent of the review – plainly not designed to be any sort of interrogative process, focused on alleged corruption, and the provenance of the documents provided.

The disclosure consists of, firstly, the Terms of Reference (ToR) for the Peer Review, a two page document, with an Appendix of the same length. It is headed ‘Transforming Professional Standards in Greater Manchester Police‘ and dated 31st March, 2016 (read in full here). Secondly, a report titled ‘MPS Peer Review of Greater Manchester Police Professional Standards Branch‘. The date on the cover sheet is 9th/10th May, 2016. There are thirteen pages, with four appendices, which include the ToR, totalling a further twenty pages.

The ToR’s are disclosed, almost in full, but, curiously, the names of Deputy Chief Constable Ian Pilling and Chief Superintendent Annette Anderson are redacted from the document. There is certainty that they are the officers involved, as their names were freely provided by GMP, in response to a separate FOI request made in September, 2016. It is a founding principle of the Freedom of Information Act that disclosure is ‘to the world’, not to an individual requester and, in those circumstances, one must question the motive of of Pilling and Anderson for not wanting to put names to their own work.

Information volunteered to the author of this piece, by Detective Constable Christopher Prince, himself attached to GMP’s PSB, that the same Annette Anderson is the directing mind behind the latest peer review freedom of information request to GMP, simply underscores the concern over the validity of the disclosure, the time it has taken to finalise, and the foreboding, and repeating, sense of yet another GMP ‘cover-up’.

The marked reluctance of the otherwise ineffective, inefficient DC Prince, presumably under the same senior officer direction, to conduct an appropriate investigation – or any investigation at all it seems – into the wrongdoings associated with this disclosure fiasco, is also seriously troubling. Particularly, as it is against every tenet of the applicable statutory framework, and regulatory guidance, that a lowly detective constable, with what appear to be seriously limited competencies, and a notably poor attitude, should be tasked with investigating the two most senior officers, a chief superintendent and a deputy chief constable, in the very same department.

A further concern is that in another freedom of information response made by Greater Manchester Police, in June 2017, they said, unequivocally, that the Terms of Reference were set by the Met, and NOT by GMP. Which, in the event, has now been proved to be yet another blatant lie in this increasingly troubled matter.

It is worth repeating here, from the previous article, that another GMP lie concerning the Peer Review was also uncovered by collateral freedom of information requests. In one made by Neil Wilby, finalised on 29th November, 2016 no disclosure was made regarding the existence of the Met’s Peer Review when the request specifically required them to do so. This goes directly to the heart of the deceit, and double-speak, that has been an ever-present feature of the Review, since its existence was first broadcast over three years ago.

Analysis of the ToR, which, the force want the public to believe, were finalised four months after the sensational newspaper article, reveals a very different framework to the process anticipated, deliberately or otherwise, from the narrative on the Manchester Evening News front page. The focus of which was the persistent corruption allegations made by police officers, past and present, against GMP’s PSB and, particularly, their CCU, and the sweeping derogation of those claims by their chief constable who, essentially, branded the complainants embittered troublecausers.

It was, very plainly, NOT planned to be an adversarial ‘go where the evidence takes us’ investigation that would unearth, and address, the persistent allegations of GMP wrongdoing, aired regularly in the media.

DCC Pilling, instead, wanted the peer review to be ‘neutral, inquisitorial and supportive‘.  Its guiding theme was to be ‘meaningful insight, common understanding and to value how GMP PSB was operating‘ at the time of the review.

Pilling develops that theme in the Appendix to the Terms of Reference, titled ‘Methodology’. In summary, he cites ‘consistency in [severity] assessments’; ‘supervisory oversight and scrutiny’; ‘detail and quality of [senior management] decision-making’ as the key points of focus of the review.

None of the words ‘phone-hacking’, ‘evidence-tampering’. ‘wrongdoing’, ‘malpractice’, ‘negligent’, ‘unlawful’, ‘unethical’, ‘unprofessional’, ‘abuse’, ‘subversion’, or ‘failure’ appear anywhere in the TOR, or the Appendix.

An independent commentator might well view the plenteous management-speak guff, together with a marked lack of cutting-edge to the process, as a conventional, behind closed doors, Greater Manchester Police box-ticking ‘whitewash‘. Mutually-aided, of course, by both the Metropolitan Police and the much-maligned College of Policing.

Crucially, Pilling allocated just two days for the on-site review, not the six week duration that the local press reported. Although, a closer reading, and a liberal interpretation of the agreed terms of the review, might, just might, persuade the public that the six weeks included post-review consultations and report writing. A far cry from the impression given by Hopkins in his newspaper interview, inadvertently or otherwise.

It was anticipated that the four review team officers, led by the Met’s Superintendent Gary Randall, under the overarching command of Deputy Assistant Commissioner Fiona Taylor, would have unfettered access to all case files, live or closed; PSB officers and staff, including shadowing investigators; and would be appropriately vetted and security cleared. The names of the other Met officers are redacted from the disclosures.

It is also worth noting that the ‘peer review’ was carried out by a detective superintendent from the Met, liaising with a chief superintendent and a deputy chief constable from the force under scrutiny. A ‘Subordinate Review‘ might, therefore, have been a more appropriate handle. DAC Taylor was not part of the ‘away’ team playing in North Manchester and is not mentioned anywhere in the report.

Also, whilst not directly applicable, under Statutory Guidance issued by the Independent Office for Police Conduct, the much-maligned police watchdog, officers investigating allegations against other police officers should be of at least equal rank. That is not to derogate Supt Randall’s ability, or experience, only his standing in the police hierarchy. He is a key player in Operation Winter Key, the Metropolitan Police investigation set up alongside the Independent Inquiry into Child Sex Abuse, and as a detective inspector led a robbery squad, with some notable successes, in North London.

Fiona Taylor, for her part, sensationally quit the Met after the announcement, earlier this year, that Sir Stephen House had been brought in over her head as assistant commissioner. ‘Bleak’ House, as he was known to colleagues (he was called much worse during his time as Divisional Commander in Bradford), reportedly retired from Police Scotland under a cloud, when other senior officers threatened to resign if he stayed. His reign as chief constable was never less than controversial.

Taylor thus returned to policing in Scotland in July, 2018, as deputy chief constable, days before the first information request was made about the Peer Review. She had previously served with both the Lothian and Strathclyde forces before they were merged into Police Scotland. She started her career with Lincolnshire Police 24 years ago and owes her meteoric rise in the police service, at least in part, to the accelerated fast track management programme introduced in 1998.

She will, again, have portfolio responsibility for professional standards in her new role, which may well concern some. Interestingly, she was also the Met’s lead on the discredited Public Inquiry into Undercover Policing (UCPI) in which the force remain utterly determined to conceal wrongdoing, and criminality, of their officers from both the victims and the public. Which concerns a great many more.

The Peer Review Final Report, as noted previously, amounts to just thirteen pages. It can be read, together with the four appendices, in full here.

The key points to be drawn from it are that the exercise was to be ‘non-threatening’ and the self-expressed role of the leader of the review was that of ‘critical friend’. That is to say, in police parlance, anything that can harm the reputation of the force, or the wider police service, is not to be exposed, or reported upon.

A vivid example of that is the approach to what was in the GMP PSB files, selected by a dip-sampling method. The only matters concerning the Met review team was the structure and formulation of a file, not the content, or how an investigation outcome had been reached. Whether that be lawfully, or unlawfully. Or, for example, by hacking an innocent bystander’s phone as happened in the infamous John Buttress case (read here). A second phone hack was carried out by the notorious CCU in 2014, but that remains covered up by GMP to this day.

The two day peer review, consisting mainly of informal focus group chats between the Met’s four officer team and low-ranking, and civilian, GMP professional standards officers, included a hot debrief, and peer review team debrief, that took up the afternoon of the second day. During which the review team also travelled back to London.

The report from that hot debrief forms part of the appendices to the final report. It amounts to very little. Unsurprising, given the actual reviewing amounted to less than a day’s discussions with junior officers.

Another appendix is an infographic, set out with the look of a school timetable. It is a stark, visual reminder of how pitiful this review was. A far cry from promises either made, or implied, in the Manchester Evening News.

It is clear from the ‘timetable’ that the Met Peer Review team spent almost as much time talking amongst themselves as they did with GMP officers. They did NOT shadow PSB investigators as the Terms of Reference indicated they would. There was no contact, at all, between the Met team and the CCU.

There also was no contact whatsoever, it seems, with any officer above the rank of chief inspector, after the brief introductions on the Monday morning, at which DCC Pilling and C/Supt Anderson may have been present. We do not know because GMP are not saying.

Remarkably, GMP claim that neither Pilling, nor Anderson, nor any other officer present, made any notes in their pocket, or day, books during the debrief. They are also refusing to reveal who was involved in that process.

One officer not involved was the Discipline Lead for Greater Manchester Police Federation, Aidan Kielty, whom, it might be argued, was crucial to any understanding, by the Met’s peer review team, of the inner workings of the force’s professional standards, and counter corruption, operations. Perhaps he knew too much?

Randall’s report was clearly set up to be a ‘whitewash’ and, unsurprisingly, amongst all the management-speak gobbledegook, that is exactly what it is. Not one single word of criticism of Greater Manchester Police’s Professional Standards Board is to be found in the Metropolitan Police final report. It is risible on any view, but, more particularly, in the context of the welter of criticism of GMP on network television and radio, and in regional and national newspapers.

It is also noteworthy, that such a report, containing little or nothing of substance, took seven and a half months to deliver to GMP – and raises the spectre of there having been, initially, no intention of producing one until questions were asked of GMP about its whereabouts in September, 2016. But even the date claimed by GMP, for delivery of the report, 22nd December, 2016 appears to be false. The sharp-eyed will notice that the report is dated 6th January, 2017. Perhaps it was delivered by a time machine similar to Dr Who’s Tardis.

GMP in response to a request to provide post-report correspondence with the Met have disclosed nothing. The inference being, that it was filed away in the ‘Boxes Ticked‘ drawer in DCC Pilling’s office and has never been seen since.

In that drawer, there will, undoubtedly, be a number of others where the police investigated the police and found nothing wrong.

Once the final Peer Review disclosures are eventually made by the Met, a further article will be published that looks in detail at case studies that highlight the shocking performance of both the Met and GMP professional standards units, since that report was written. This will add significant further context to the efficacy, or otherwise, of the Peer Review.

A request for a statement from the chief constable was made to the GMP press office on 11th November, 2018. It asked to address the disconnect between what appeared to be promised in the Manchester Evening News in 2015, and what was revealed by freedom of information disclosures three years later. A lengthy narrative was provided on the same day, attributed to a force spokesperson, that will require further analysis and questions.

The gist of the GMP response is that there has been a number of other scrutinies apart from the peer review, which was foreshortened due to a variety of factors, and the present day functionality of their PSB is, essentially, given the all-clear.

Further questions were put to GMP’s press office seeking substantiation of some of the assertions made in their statements. Several of which appeared, taken at their face, to be falsely grounded. Unsurprisingly, no reply has been, as yet, forthcoming.

A seperate article will cover the GMP statement and those subsequent questions. A further freedom of information request will also be necessary as GMP claim, without any supporting evidence, that other external, independent scrutinies took place before and after the Peer Review.

Police Scotland’s press office has also been approached with a request for a statement from DCC Fiona Taylor concerning her part in the alleged ‘whitewash’. As has the Met’s Gary Randall. No response has been forthcoming.

DC Prince was also offered right of reply. The email was not acknowledged.

* Since this article was first published, other important information has come to light. In a decision letter issued by the Criminal Case Review Commission (CCRC) on 18th April, 2018, following an investigation into the case of ex-GMP Inspector Mohammed Razaq, reference is made to the Peer Review at paragraph 27. The CCRC wrote to GMP asking for sight of the review. The police force said that it was not relevant as the review did not concern misconduct. *

 

Page last updated on Sunday 23rd December, 2018 at 0740hrs

Picture credit: World Productions

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