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.

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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.

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.

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.

 

 

More sex abuse failings uncovered in ‘House of Secrets’

Two weeks ago, the first of a series of five articles was published on this website that will shed more light on the unethical, unprofessional – and in some cases unlawful – conduct of Police and Crime Commissioner, Julia Mulligan, and her growing team of extravagantly rewarded senior officers, headquartered in what has previously been dubbed ‘The House of Secrets‘.

This second article re-opens the running sore of extracting disclosure from the PCC’s office and, in doing so, also re-visits two other long held concerns: Failing to hold the chief constable to account and Mrs Mulligan’s apparent distaste in addressing alleged senior police officer failings over child sexual exploitation.

A more recent concern, since he was appointed in 2017, is the ineffectiveness, duplicity and sleight of hand of her deputy, Will Naylor. That was explored in some detail in the first article in this series (read here).

On 24th January, 2019 a simple enquiry was sent by email to Naylor. It concerned matters already well ventilated in the public domain. The catalyst for the request was Mrs Mulligan’s extraordinary, and belated, claim that she had been raped as a 15 year old, together with inside information passed to me about her former chief constable. To the effect that he had, allegedly, not co-operated with the Greater Manchester Mayor’s inquiry into police failings around the Rochdale and Manchester ‘Curry Mile’ child sex abuse scandal.

That, of course, is his inalienable right. It was not a judicial, or even a Departmental inquiry, to which witnesses could be summonsed. Except that the State is funding his gold-plated pension, worth around £70,000 per annum. The reasonable expectation is, therefore, that he should have given evidence. Cleared the air. The corollary being that adverse inference may be drawn if he has not.

The request for information from the Deputy PCC was expressed in the following terms:

“You may recall that, at the last PCP meeting I attended, at Selby Civic Centre in January 2018, it was brought into public knowledge, by Cllr Peter Dew, that a complaint had been raised against the then chief constable [Dave Jones]. At the time, and my notebook records this, Julia told the Panel that there would be a robust, thorough investigation. The PCP minutes (see attached) do not reflect that, but I am sure that the tape recording of the meeting will.

“I am told, by a policing source, that there was a disapplication and no investigation by the PCC took place into Mr Jones’ alleged knowledge of child sex abuse and the shutting down of police investigation(s) by senior officers within GMP. No further mention of the matter is recorded in subsequent PCP minutes. Cllr Dew, of course, left the Panel last year over Julia’s unpleasant behaviour towards him, which further obscures the issue.

“In summary, and please forgive the convoluted route, can you please tell me [1] on what date a recording decision was made regarding the complaint raised by Cllr Dew in the PCP meeting against Mr Jones, and [2] the outcome?

“It is not possible to distil such knowledge from the scant information provided on NYPCC website.

https://www.northyorkshire-pfcc.gov.uk/how-can-we-help/complaints/complain-chief-constable/

The reply from Naylor, after the standard delaying tactics, was short and to the point:

“In response to your questions about the response to a Chief Constable complaint (sic), I am unable to share that information with you. We publish the overall number of complaints against the Chief Constable (current and past), and actions taken thereafter. We do not, and do not intend to, go into the detail of each of those with about (sic) individuals who were not part of that complaint.”

This email was sent by way of reply:

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As of 22nd February, 2019 that email had been ignored by all the recipients. Not even the courtesy of an acknowledgement. A polite reminder, sent to Jane Wintermeyer, on 15th February, 2019 urging her to deal with the matter, at her earliest convenience has also remained unanswered.

In the meantime, other enquiries had revealed a troubling chain of events. It was discovered that the complaint against ex-chief constable, Dave Jones, had been made on 8th December, 2017 by Anthony Nixon, a retired solicitor and North Yorkshire resident. It followed the refusal by Jones to respond to a letter sent to him, by Mr Nixon, following the airing of the seminal BBC documentary series, Three Girls. 

Mr Nixon holds the view, shared by a number of others, including some very high profile Greater Manchester Police whistleblowers, that Jones, Head of the Criminal Investigation Division of GMP at the material time, may know more about the shutting down of complaints of child rape, within his operational area, than he is prepared to admit. Put shortly, the allegation is that either Jones (and others) was complicit, or he was incompetent and negligent in his duties with the most awful consequences for hundreds of victims in Rochdale and on the Manchester ‘Curry Mile’.

On 29th March, 2018, Dave Jones, less than three months after the complaint against him was aired at the Police and Crime Panel meeting by Cllr Dew, did what is described in Yorkshire as a ‘moonlight flit’. He was not seen again on duty after that date. He had booked annual leave until 9th April, 2018, then gave notice of his retirement on that day. In the same moment, he went on sick leave until the end of his notice period, 9th July, 2018. He collected over £40,000 from the taxpayer during that short time. Not a word has been heard of him since.

PCC Mulligan has never explained why she, at first, gave two misleading accounts over her chief constable’s shock exit and has not, since, pursued Jones over breach of the service contract he signed, that should have kept him in post at NYP HQ until 2020. A freedom of information request I made to her office confirms that no legal action was taken against him.

The reason she has given for Jones’ disappearance is that ‘he wants to spend more time with his family’. Giving up at least £350,000 in salary and benefits to do so. The reader is invited to draw their own conclusion as to the plausibility of that arrangement.

An underperforming chief constable, who failed miserably in the running of almost every single operational area of his police force, in the five years he was in post; had little regard for the law or other regulatory strictures; overspent his budget by over £1,000,000 in each of his last three years in post; scarcely faced a single word of criticism from the elected official, whose primary functions include setting the budget for the police force and holding the chief constable to account: PCC Julia Mulligan.

Conversely, and perversely, she made excuse after excuse after excuse, each more implausible than the last, to explain away a lengthy series of catastrophic failings. The only recorded criticism that can be traced is over the rating of North Yorkshire Police as ‘inadequate’ over the recording of crime. This finding was made by Her Majesty’s Inspector of Constabulary in March, 2018. 

Whether the complaint against Jones, by Mr Nixon, was a factor in the unexpected departure of Jones is still a matter of speculation, but the likelihood of that is diminished by the discovery that, on 26th January, 2018, a letter from the PCC’s office was received by Mr Nixon. It was signed off by Fraser Sampson, the chief executive, and set out the reason why the complaint against Jones would not proceed: Essentially, claims Mr Sampson, the complaint was a repeat of another made in 2015, over much the same matters. It ignores completely the issues raised by the complainant that could only have come to light since 2015.

There is another troubling feature, insofar as the four year investigation, relied on by Sampson (Operation Span), to dismiss the second of Mr Nixon’s complaints, did not cover either the relevant period, or the GMP senior management, of which Jones was, of course, a key player. An even more concerning aspect is that Span was a joint enterprise between the disgraced Independent Police Complaints Commission and GMP’s notorious Professional Standards Branch, the latter charged with investigating their own officers. Unsurprisingly, in spite of 1,000’s of preventable criminal and very serious offences of child rape, trafficking and exploitation, not one single GMP officer faced misconduct proceedings.

It has transpired that Mr Nixon was completely unaware, until I told him very recently, that his complaint had been raised in the PCP meeting by Cllr Dew, a retired North Yorkshire Police officer who served for 30 years, from 1971 onwards. Mrs Mulligan, Fraser Sampson and Will Naylor were all present in that meeting, but neglected to keep Mr Nixon informed. Indeed, there was no communication at all between him and the PCC’s office betwen his complaint being made on 8th December, 2018 and the Sampson decision letter seven weeks later. A recording decision should have been provided to Mr Nixon within 10 working days to comply with the applicable statutory framework.

In fact, on 15th January, 2019, as he was perfectly entitled to do, Mr Nixon made a complaint against Mrs Mulligan over her failure to respond to his complaint against Jones. He did, however, make that complaint to the IPCC, who by then had attempted to disguise their dreadful reputation with a name change to Independent Office for Police Conduct (IOPC), rather than to the Police and Crime Panel, who are the ‘Appropriate Authority’, in terms of the legislation, for dealing with such matters.

Nevertheless, the IOPC forwarded the complaint to the PCP for them to deal with. The fate of that complaint, and the troubling manner in which it was dealt with, is the subject of a further article, yet to be published. Put shortly, the PCP did not even record the complaint against Mrs Mulligan, even though she has been criticised by Panel members, on a number of occasions, over her office’s handling of correspondence and dealing with complaints.

Mr Nixon maintains, and it is a strong argument, that without them being made aware, by the IOPC and then, in turn, the PCP, of the consequent complaint against Mrs Mulligan, his issues concerning Dave Jones would have been ignored altogether by both the PCC and Mr Sampson.  With, or without, the intervention of Peter Dew.

The Nixon hypothesis is supported strongly by the fact that no report to the PCP, over the fate of the complaint against Jones, was made at the meeting in February, 2018. Or, at any subsequent meeting. Cllr Dew has, helpfully, confirmed that he was not informed, either. He was aware that a matter raised by Mr Nixon had been referred to the IPCC (IOPC) at the time, but was, quite understandably, not clear as to either the substance, or its outcome. Particularly, as he resigned from the PCP in July 2018 before Mr Nixon’s IPCC/IOPC/PCP matter was settled.

It is fair to say that the failure to record Mr Nixon’s complaint, which taken at its face, and after filtering out the hyperbole, appears to have merit, was brushed under the carpet by PCC Mulligan. She plainly hoped that the matter would be forgotten about. As it very nearly was.

The allegations, in any event, decayed when Jones left North Yorkshire Police. The sex abuse victims in Rochdale and Manchester, and the police whistleblower who first brought the matter to light, Maggie Oliver, incensed at the outcome of Operation Span, were undoubtedly let down once again. This time by a police commissioner who portrays herself, quite wrongly in my own personal, and professional experience, as a victims’ champion.

This was not the first time child sex abuse victims were let down by senior officers within North Yorkshire Police and Julia Mulligan. The antics of both, as a large number victims of such abuse at the hands of former BBC celebrity, Jimmy Savile and ‘Mr Scarborough’, Peter Jaconelli, was painstakingly uncovered by two citizen journalists, Nigel Ward and Tim Hicks, contributing to the North Yorkshire Enquirer website, simply beggared belief.

The two journalists were subject to a £1 million pursuit by the police, enthusiastically funded by Mrs Mulligan, in order to silence the Enquirer’s stinging criticism of the force and the PCC whom, between them, had found not a single Jaconelli or Savile victim. The police, and its commissioner, went to extraordinary lengths to deflect rebuke, despite the fact that the two infamous perverts had offended, unchecked, for decades in North Yorkshire. There appears to be little, or no, trace of support for those victims and a reluctant, mealy-mouthed apology was eventually squeezed out of the now retired assistant chief constable, Paul Kennedy.

Dave Jones, chief constable at the time, remained silent on the topic, apart from leading the disgraceful criminal, then civil, action against the journalists (read more here). Others notably involved as claimants in that private civil action, fully paid from the public purse, were Jones’ deputy, Tim Madgwick, who is now, incredibly, Chair of York Safeguarding Board and, even more incredibly, the present NYP chief constable, Lisa Winward.

The Jaconelli and Savile ‘cover-up’, by the force and its beleagured PCC, repeatedly alleged by the Enquirer, is serious enough of itself. Many thousands of words have been written about the scandal by Messrs Hicks, Ward and other media outlets. Viewed in the light of what now may also be a second alleged ‘cover-up’ involving child sex abuse and North Yorkshire Police, or, at least its most recent ex-chief, and the PCC, and the well-publicised and catastrophic failings of the force’s Protecting Vulnerable Persons Unit (PVPU), also glossed over by Mrs Mulligan at the time (read more here), a deeply troubling pattern emerges.

On any view, it does not sit well with her own positioning as a victims’ champion. Nor does it chime with her recent ‘stage-managed’ claim to have been raped, as a 15 year old, and relating it to the desperate fate of the child sex abuse victims in Rotherham and the ‘Me Too‘ campaign. Absurd, given that all those victims have, very bravely, named their attackers and supported prosecutions, where appropriate.

A story, according to a very reliable source, that was published by the Yorkshire Post as a quid pro quo for that newspaper burying reports over Julia Mulligan’s association with convicted kidnapper, Mujeeb ur Rehman Bhutto. She is alleged to have asked a member of her PCC staff to trawl through her personal Facebook account and delete all references to Bhutto. A Conservative campaigner, and donor, that Mrs Mulligan now claims was just one of three hundred people working on her campaign to become an MP in 2010.

This Bhutto/Mulligan exclusive was published by the Northern Echo (read full story here), two days before the Post’s public relations exercise, and produced what is described by an insider as a ‘nuclear reaction‘ from the short-fused police chief. She had previously told a select group of journalists (which, of course, excluded myself) that she had been sexually assaulted in her earlier life, but asked them not to publish any details.

The police commissioner’s rape claim – and her insistence that it is not investigated and the alleged rapist not brought to book – is the subject of another searching article that will be published on this website in the very near future.

Julia Mulligan, Fraser Sampson, Jane Wintermeyer and Will Naylor have all been offered right of reply. As has the Police and Crime Panel.

Only Mrs Wintermeyer has responded: “No comment, thanks”

Page last updated on Wednesday 27th February, 2019 at 1030hrs

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 2015-2019. 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.

Democracy dies another death

Just a few short weeks after publication of one of the most damning civil court judgments I’ve read in recent times, the council at the centre of that legal storm are in the news again: For all the wrong reasons.

North Yorkshire County Council, based in sleepy Northallerton , is the host Authority for the North Yorkshire Police and Crime Scrutiny Panel. It receives a substantial Home Office grant for its trouble.

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Constructed in the early 1900’s by architect Walter Brierley, the Grade 2 listed County Hall at Northallerton has, also, previously seen service as a Red Cross hospital and as a temporary wartime home for the local grammar school.

The senior officer in charge of the Panel Secretariat is Barry Khan, a qualified solicitor who also fulfils other roles within the county council: Assistant Chief Executive; Head of Legal and Democratic Services; and Monitoring Officer. He moved to North Yorkshire in 2014 after previously working for Stockport Council.

Khan’s short incumbency at Northallerton has not been without controversy. Apart from the desperately shocking Jeanine Blamires case [1], there has been an alleged ‘stonewalling’ over child safeguarding failures in at least one school in the quaint seaside town of Whitby.

His previous role as Solicitor and Monitoring Officer at Stockport Borough Council was not plain sailing, either. Most notably, over peaceful protester Michael Parnell, who died following a period where he had been repeatedly arrested, detained but was, eventually, cleared after a three day Crown court trial [2].

Khan’s role in the mistreatment of Parnell, particularly in securing a restraining order against Mr Parnell to prevent him protesting, has not been subject to complaint or application, as far as can be traced. But Mr Parnell’s supporters, including democracy campaigner, Sheila Oliver, continue to express disquiet over the council’s contribution to the illness that led to his death. On any view, it is a troubling case.

In my own sporadic, direct dealings with Khan there have been no notable communication issues. But, that is definitely not the case with the staff deployed beneath him in the Secretariat hierarchy:

I have been lied to by Ray Busby (for which I received an apology); addressed inappropriately by the same officer (for which I received another apology); had personal data released onto a public forum by Diane Parsons (a matter denied by the Secretariat and currently under investigation by the Information Commissioner) and treated to a display of ignorance and stubbornness over the Freedom of Information Act (FOIA), 2000, by the same officer, that simply beggars belief. To the extent that it would be a relatively easy step, given the history, to infer that the intention of the Secretariat was to vex, annoy and harass.

That history also includes a complaint that I made against Julia Mulligan, in July 2015, that concerned the failure of the Police Commissioner to hold the Chief Constable, Dave Jones, to account over a number of issues that included inter alia:

The £1 million funding of failed harassment prosecutions and a civil claim mounted by four very senior police officers and a political crony, Jane Kenyon [2a]; Poor communication/engagement: 101 service; Non-compliant Freedom of Information Act finalisations; Failure to publish Decision Notices:

The complaints were not upheld by the Panel, despite subsequent events proving, beyond doubt, that each one of those matters was, in fact, validly raised. In most cases, accompanied by seriously adverse publicity for the Commissioner, or the force. Or both.

The fact that I succeeded in a county court claim against the Police Commissioner, in February 2017, over data protection breach, has never appeared in Panel minutes either. Neither has reference to the £20,000 plus of public funds expended on defending that claim, and a parallel one against the Chief Constable.

More recent Panel failings include the chief executive farrago. Again, costing precept payers a fortune (latest estimates suggest a figure close to £80,000). Substantive post holder, Joanna Carter, is believed not to have been in post since very early in 2016. There have been two temporary ‘replacements’ variously imported from other PCC’s as acting, or interim, chief executive. Both Simon Dennis and Fraser Sampson, it is fair to say, arrived on the scene with ‘baggage’. Sampson and I clashed, repeatedly, during his tenure at, firstly, the disgraced West Yorkshire Police Authority and, later, the Office of the Police and Commissioner for West Yorkshire.

All questions to the North Yorkshire Commissioner’s office, concerning the absence of Ms Carter, are resolutely stonewalled: Even when they are legally obliged to provide answers, by way of an FOIA request [2b]. An insider has said that questions put by the Panel to the Commissioner, and Sampson, about Ms Carter’s unavailability have been fobbed off (unreported in the minutes it must be said). Another well-placed source says that Ms Carter signed off ill with stress, as a result of a series of disagreements with her ‘high-handed’ employer.

With Sampson now in post until 2019, the presumption is that Joanna Carter is not returning and, quite possibly, in legal dispute with Julia Mulligan. If this is the case, and absence of hard information only fuels speculation, then either a compromise agreement, or Tribunal proceedings, is going to cost the precept payer a mighty sum. Which would, of course, explain the wall of silence around the issue.

These are precisely the issues over which the Panel should be holding the PCC to account but, yet again, the meeting minutes (and Decision Notice) are silent on the fate of Ms Carter, a statutory appointment, and, as such, open to particular scrutiny.

It was a similar situation over the appointment of Deputy Police and Crime Commissioner, Will Naylor. It is established, beyond doubt, that Naylor embroidered his employment history and had little, or no, relevant experience in taking on the role. Other than as a Conservative Party policy wonk [3].

There were also serious concerns about the recruitment process for the Deputy role, which had all the appearance of a well-orchestrated sham. The upshot was that, in a rare flexing of scrutiny muscle, the Panel decided that the confirmation of Naylor’s appointment was conditional of sight of a personal development plan, and a six month trial period, after which he would appear before the Panel. Which all sounded fine, until Mrs Mulligan unilaterally decided that the plan wouldn’t be produced after all – and Naylor didn’t appear before the Panel as scheduled to have his capabilities, qualifications, performance further examined [4].

Another scandal to surface very recently, unscrutinised, is the dramatic increase in office costs of the profligate PCC. In one year, ending March 2017, they have risen from £741,000 to £908,000. Over 20%. Which does not include the legal costs referred to above, which are tucked away elsewhere in the accounts. This flies in the face of what Mrs Mulligan told the Panel when the decision to have a Deputy was thrust upon them, unannounced, last September. There has been nothing, whatsoever, noted in the Panel meeting minutes, or any warning given by the PCC, that such a steep rise was on the cards.

NYPCC office costs 2016-17

But the most recent scrutiny fail concerns a remarkable refusal to accept a public question, from myself, at the Panel meeting which took place on 20th July, 2017. This was the question exactly as framed:

Freedom of Information Act compliance
 
(A) Statement
In July and September 2015, in response to a complaint and a public question made by me, these were amongst the submissions made by Joanna Carter, the chief executive at the time.
(i) At page 18 of the complaint response it was said:
“The Commissioner would agree that the FOI performance could improve, and that the quality of answers given on occasion could also improve….”
(ii) At page of the PQT response it was said:
“All FOIA’s, including any relating to this issue (Operations Rome and Hyson) are routinely published on the NYP/NYPCC website”.
Since those answers were provided,
(i) It is evident that not all requests relating to Operation Hyson and Rome were not published on the force disclosure log. Indeed, it is the regular practice of the force to conceal requests that may be perceived as causing reputational damage.
(iv) The force has refused an information request from me to establish the extent of the issue. A matter presently before the Information Commissioner (see attached WhatDoTheyKnow file).
(v) FOIA performance has worsened. To the extent that over 500 requests per annum are finalised unlawfully (See attached FOIA finalisation). That is a quantitative analysis, the figure would be much higher addressed qualitatively. Poor quality finalisations still feature regularly.
(vi) The Information Commissioner has indicated within Tribunal proceedings that the Civil Disclosure Unit are now under a monitoring regime as a result of poor performance (I have requested disclosure from them of more complete details).
(vii) If the oral and written submissions of the police lawyer running the CDU, to both the County Court and the First Tier Tibunal, are to be believed there are now less staff deployed in that Unit, than two years ago.
(viii) The Commissioner and the Chief Constable are both spending substantial amounts of public funds defending civil claims and Tribunal proceedings concerning FOIA where, on their face, the prime motivation is to avoid scrutiny and reputational harm, rather than the preservation of information rights. In the past year that figure, in my own knowledge exceeds £30,000 with the potential for that figure to double in the present financial year.
(B) Question
What steps has the Commissioner taken to:
(i)   Apprise herself of the extent of the non-compliance issues extant within the Civil Discloure Unit?
(ii)  Hold the Chief Constable to account over these long-term, repeated failings to comply with the law and use of public funds?
(iii) Keep the Panel informed?

Firstly, the email sending the question and supporting documents was intercepted and quarantined.

The Panel Secretariat, in the form of the aforementioned Diane Parsons, came back the following day and refused permission to ask the question. She said: “Having consulted the Panel Chair on your submission, I regret that the Panel are therefore unable to take your questions at the meeting this week.  However, I have passed your correspondence and attachments to the OPCC so that they are aware of the concerns you have raised“.

The rationale appeared to be that these were not matters with which the Scrutiny Panel need concern themselves: “To clarify, the purpose of PQT is to enable members of the public who live, work or study in North Yorkshire to engage directly with the Panel and pose questions on its remit and functions.  I have attached, if helpful, a copy of the Panel’s guidelines on PQT.  Any statements or concerns which you feel require the attention of the Commissioner would need to be directed through her office“.

The email from Ms Parsons, unusually, was comprised of three different fonts, and had obviously passed through a number of hands before she was elected as message bearer. The unseen hand of Barry Khan was, no doubt, part of the behind-the-scenes subterfuge.

As a card-carrying member of the press, the residency issue is a non-starter; I have previously posed a question to the same Panel: complaints against the PCC have also been considered by the same Panel; and on any reasonable, independent view the questions I posed met the Panels own guidelines or, even if the Panel felt they did not, modification was a very simple process.

But that, plainly, did not suit the Panel, or its Secretariat’s, purpose. To conceal their own failings as a scrutiny body, yet again, was clearly paramount. There was also what some might view as an unattractive element of childishness implicit within the response – and the intercepting of the email even before it reached the intended recipient. Which rather suggests that North Yorkshire County Council are interfering with my communications.

Following the re-direction of the public questions to the Police Commissioner’s office there has been a deathly silence. Which has also been the case from Deputy Chair of the Panel, Ashley Mason, who was passed full details of the questions prior to the Panel meeting taking place, by a well-known local democracy campaigner. Cllr Mason was rather more loquacious when, as if on cue, another unmitigated 101 disaster befell NYP during the first week of August, 2017 [4a].

This is a story that has some way to run yet as more information is passed to me by a source close to the Panel. This includes the claim, surprising to me at least, that the Panel chair, Cllr Carl Les, and the PCC do not see eye to eye, and that at least one conscripted Panel Member is very reluctant to take on her duties, having been pressed into service following the abrupt departure of another Member last year. A situation that chimes with a number of senior Conservative figures turning on Mrs Mulligan over her ‘crazy’ plans to take control of the North Yorkshire fire service [5].

There are also, it is said, serious frustrations at the PCC’s frequent refusal to provide requested documents, information to the Panel Secretariat. Again, a matter unreported in the minutes. There is also another controversy concerning the minutes as they are sometimes not, according to my source, a true record of what actually transpired at the Panel meetings. That would fit, certainly, with the known modus operandum of Fraser Sampson.

North Yorkshire Police and Crime Panel is, obviously, not a happy ship and needs an rapid overhaul, tip to stern.

The Police Commissioner’s office and the Panel Secretariat have both been approached for comment. Neither acknowledged the request.

Page last updated: Wednesday 2nd August, 2017 at 1745hrs

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.

[1] Leeds County Court, 21st June, 2017: Judgment of District Judge Joanna Geddes in Jeanine Blamires -v- Local Government Ombudsman

[2] Manchester Evening News, 19th September, 2013: ‘Protester who held three year vigil outside Stockport Town Hall dies

[3] Neil Wilby, 22nd October, 2016: ‘Where there’s a Will there’s a way

[4] Neil Wilby, 23rd November, 2016: ‘Pick of the crop’

[4a] York Press: 4th August, 2017: Police apologise after telling public NOT to call 101

[5] Harrogate Advertiser, 25th July, 2017: ‘Police tsar plan for fire service branded ‘crazy”

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

Madgwick goes for Gold

North Yorkshire Police’s longest serving Command Team officer is Timothy Madgwick. He was promoted to ACPO rank in 2009. Three years later he was leading the force after the departure of disgraced chief constable, Grahame Maxwell [1].

Elevation to the top job completed an astonishing, meteoric rise through the ranks for Madgwick that saw five promotions in ten years, following a spell as staff officer to the then chief constable, David Kenworthy and, later, a chief of staff role with Maxwell shortly after the latter had joined NYP from the troubled South Yorkshire Police. Maxwell had spent the previous twenty three years at two other deeply corrupt police forces: Cleveland and West Yorkshire.

Kenworthy, awarded the Queen’s Police Medal (QPM) in 1996, whilst serving with Avon and Somerset Police, has held a post as one of fifty Deputy Lord Lieutenants in North Yorkshire since 2004. The Lord Lieutenant is, of course, The Queen’s personal representative. Establishment frippery at its most prolific. It is, therefore, not unreasonable to deduce that the regally connected Kenworthy may have had a hand in the nomination for an award of the same gong to his former protegé, and near Easingwold neighbour, last year.

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As the same medal is held by the likes of the aforementioned Maxwell – and other shamed chief constables with connections to Yorkshire, such as Sir Norman Bettison, Sir Stephen House, David Crompton, Meredydd HughesDavid Westwood, Mark GilmoreSean Price and York-born Nick Gargan, it is not worth the rag to which is attached. There are certain to be other bemedalled chief officers outside of God’s Own County, who have shamed the police service, for those with the time to search.

Mark Gilmore is hoping to salvage his damaged reputation in civil proceedings against his police commissioner, Mark Burns-Williamson, that are currently lodged with the High Court.

At the time Tim Madgwick took over as temporary chief in May 2012, his predecessor and mentor, Maxwell, had told the Independent Police Complaints Commission (IPCC), during a gross misconduct investigation [2], that “he could do what he wanted because he was the Chief Constable”. Looking at the number and scale of controversies that had dogged the force over the previous ten years that was obviously the mindset of the force’s leaders and those closest to them. Few being closer, of course, than the high-flying Madgwick.

Six months prior to his elevation to the top job, an investigation had been launched by NYP in which Madgwick had been appointed Gold Commander by Maxwell. This was codenamed by the force ‘Operation Rome‘ and is one that has been dogged by controversy from its early days. Much has been written about the probe already, including on this website [3] and [4], and, for the last twelve months, there has been a running battle between myself and a police force obsessed with covering up the truth.

Rome was an investigation of such mind-numbing mediocrity that the public has every right to see the audit trail of the decision-making, in an operation that the force themselves claim cost over £400,000. The mandatory lessons learned reporting should also be made public, even though in this particular case, on present evidence, there appears to be just one: Don’t trust Tim Madgwick with anything more complex than operating a dashboard-mounted speed camera.

In the near three years that the investigation lasted, it appears there were just three suspects and the alleged criminal activity was harassment without violence. One of the suspects, well known citizen journalist Nigel Ward, was never interviewed and no harassment warnings (PIN’s) were issued. Another citizen journalist, Tim Hicks, was interviewed at Fulford Road police station in York, but harassment scarcely featured in the police questioning. The detectives seemed much more concerned with protecting the reputation of NYP and preventing articles being written about the force. The suspect’s London solicitor, David Niven of Penningtons wrote to NYP’s Head of Legal Services, Simon Dennis, after the police interview in the most scathing terms [5].

Dennis, on whose watch the Maxwell debacle (and a number of others) unfolded and who now works for the Cleveland Police and Crime Commissioner, is also roundly criticised elsewhere on this website [6]. Including over the way he has handled complaints about Madgwick.

Following the investigations into alleged harassment by the heavyweight Operation Rome team, two seperate evidence packages were sent to the Crown Prosecution Service (CPS) for charging decisions. Both were rejected by the CPS. Given the relatively low evidential threshold for this type of offence that is noteworthy failure by NYP.

The latest skirmish between myself and the force in the quest for the truth over the Rome debacle was a freedom of information request submitted in August, 2016. Answers were sought to these five questions:

1. Name(s)/rank(s) of Gold Commander of this operation.
2. Name(s)/rank(s) of Senior Investigating Officer(s).
3. Policy log (sometimes described as the policy book)
4. Final investigation report
(it is accepted that items 3. and 4. will be redacted to protect exempted personal information).
5. All documents connected with collection, classification and codifying of financial information that produced the alleged final investigation cost of £409,970.

NYP’s answer to the first question has already been incorporated into this piece, but poses several more queries as a result: Why was an assistant chief constable (as Madgwick was at the time) involved leading an investigation of this type? When he became chief constable, albeit temporarily, why did he continue in the role? In September, 2012 Madgwick gave a witness statement in the investigation alleging how he was a victim of harassing emails and on-line articles and images. At that point why did he not, properly and in accordance with all known approved policing practice, recuse himself from any further involvement in the investigation? The friendship of Madgwick with the police authority chair at the time, Jane Kenyon, another key figure driving the harassment allegations, should also have been sufficient reason for Madgwick to walk away. Miss Kenyon, regularly ridiculed in the satirical magazine Private Eye [6], and Madgwick’s wife Delia also have an association, previously undisclosed, through St Hilda’s School in Whitby, dating back to 1996.

KENYON_MADGWICK

The stunted answer to the second question also poses even more questions: It is now disclosed by NYP that there were not one, but two SIO’s. A detective superintendent and the head of the professional standards department. The force has refused to name them. They claim it is ‘personal information’. From other materials I have obtained in the course of my own investigations into Operation Rome I can say, with a reasonable amount of certainty, that the officers concerned were Detective Superintendent Heather Pearson (better known as a murder investigator) and Steven Read, a former assistant chief constable who, curiously, held the role as Head of PSD as a post-retirement, jobs-for-the-boys civilian. Which begs the obvious question: why were two officers of this seniority, working under the strategic command of a temporary chief constable, investigating harassment without violence allegations?

Pearson was later to be a recipient of an estimated £50,000 of free legal fees, provided by the force (along with Madgwick), in pursuing the same three suspects through the civil courts. Read, for reasons unknown, declined the force’s offer of the same benefit. It was also Pearson who portentiously told Hicks on 27th July, 2012 that she would bring civil action (beyond her police powers as it happens) on behalf of senior officers named in an article about the expenses scandal that was eventually to prove the downfall of Maxwell. Others named in that article included Madgwick, over police expenses allegedly claimed in pursuit of one of his many laudable hobbies and interests, the Special Olympics Group Board. Hicks, apart from his amateur journalism role, is also a chartered accountant, and certified fraud examiner, so is likely to know much more than the man in the street about such things. For their part, ‘open and transparent’ NYP stonewalled every legitimate enquiry made to establish the legitimacy of the claims.

The third and fourth questions produced a blank refusal. Relying, mainly, on the premise that releasing the policy log and investigation report would assist criminals in avoiding detection and give away police operational secrets. The reader is invited to bear in mind (again) this was a harassment without violence investigation in which the complaints centred around emails and articles published on the internet (as were a number of the emails). One of the purposes of the freedom of information request was to obtain an admission that these documents actually exist. Their response does this. However, until such times as they are disclosed – albeit in redacted form – I remain sceptical.

The fifth question received a similarly ludicrous response. NYP claim that they cannot disclose the requested documents, and audit trail of investigation costs, that was, at best, a contrived, back-of-the-envelope job produced with a pre-ordained figure in mind. Claiming that such documents could be protected by legal professional privilege has no basis in fact or law. As with the policy log and investigation report, I remain sceptical as to whether the documents actually exist and put that forward as a realistic hypothesis as to why they cannot be disclosed. Interestingly, the officer who allegedly compiled the figures, Force Solicitor Jane Wintermeyer, also heads up the department that deals with NYP’s FOI requests. She is another with connections to the Easingwold area.

A challenge to the unanswered questions, by way of an internal request, has been submitted to NYP [7] and will, doubtless be followed by a complaint to the Information Commissioner’s Office (ICO). My submissions to the ICO will include this quote from Chief Constable Dave Jones and Police Commissioner, Julia Mulligan, in December, 2013 when issuing a statement concerning the efforts to procure repayment of monies allegedly owed to force by Grahame Maxwell and his former deputy, Adam Briggs:  “It will be the first time North Yorkshire Police will have published a report of this nature, and is in stark contrast to the old way of doing business and keeping reports like these under lock and key.”

The sharp eyed may have noted in my request for internal review that reference was made to the NYP civil disclosure unit (or much more likely Mrs Wintermeyer) putting FOI requests concerning Operation Rome (and the follow up Operation Hyson) into ‘special measures’ – and asking requesters to provide ID. Some of my other requests/internal reviews on Rome (and/or Hyson) are months overdue, which appears to bear that out.

In the meantime, Tim Madgwick will no doubt be treating his Twitter followers to his view of himself and North Yorkshire Police which range, generally, between ‘amazing‘, ‘great‘ and ‘fantastic‘. For my part, I will plod away, quietly and methodically, determined to get to the bottom of this shambles and expose the culpability of those involved in it, their propensity for deceit, and the true motive behind pursuing this Operation Rome beyond all sense or reason.

The last words for now go to Dave Jones. This is what he said at the time of the award of the QPM to his colleague: ‘Tim has led teams through some of the most serious incidents North Yorkshire Police has dealt with in recent years in an exemplary way‘.

 

Annotations:

[1] Daily Mail, 17th May 2012: Disgraced chief constable who tried to help relative get a job is given £250,000 golden goodbye

[2] Independent Police Complaints Commission report, May 2011 ref 2010/005240

[3] Neil Wilby, 14th February, 2015: Complete capitulation follows fall of Rome

[4] Neil Wilby, 20th March, 2016: 409,970 reasons not to trust North Yorkshire Police

[5] Penningtons letter to North Yorkshire Police, 9th August, 2012

[6] Neil Wilby, 6th September, 2016: In the Eye of the storm

[7] WhatDoTheyKnow, 8th August, 2016: Request Neil Wilby to NYP ref 350296-9eeb 1fd1

 

Page last updated Tuesday 13th September, 2016 at 1650hrs

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

Deceit and subterfuge underpinned PCC’s decision to fund chief’s civil claim

Much has been written elsewhere, almost exclusively by me, concerning the North Yorkshire Police investigations codenamed Operations Rome and Hyson. The satirical magazine Private Eye did, however, break mainstream media ranks and publish an article in the last week of August, 2016 [1].

The Eye piece is a scathing condemnation of the failed criminal investigation (Rome), then the civil action (Hyson), mounted by Dave ‘Knacker’ Jones, North Yorkshire Police’s chief constable, against citizen journalists who were criticising his force.

This latest article of mine looks more closely at the deceit and subterfuge that surrounded the formal decision by Julia Mulligan, the Police and Crime Commissioner for North Yorkshire, to use a huge amount of public funds to allow three high ranking police officers,  including Jones, one retired detective superintendent and a former Chair of North Yorkshire Police Authority in pursuit of harassment claims against two citizen journalists and a justice campaigner.

The civil court case, which is currently estimated to have cost the taxpayer £450,000 (Private Eye reckons it is higher than that), also featured four members of the Hofschröer family. Three as police funded claimants, Robert, Diane and Martin, and Peter (Robert’s brother) as defendant, with no funding.

It serves no useful purpose to rehearse here the infamous ‘Grandma B‘ campaign, mounted by Peter Hofschröer, over allegations that the other family members involved in the court case deprived his mother Barbara of the family home in Acomb, York with nefarious motive. My single contribution to this wholly unsatisfactory affair is to say that, on the face of the documents and evidence I have access to (which is not all of them, of course), the police picked the wrong side in the argument over the alleged property fraud.

The presence of Hofschröer family members on opposing sides of the claim gives the whole matter the bizarre feel of a family dispute gone terribly wrong. Whereas, the real motivation behind the civil claim was, say Private Eye, to silence the police force’s critics, once and for all. The Hofschröer family dispute just provided a convenient ‘cover story’ for that principal aim.

One of the many extraordinary aspects of the Hyson civil claim is that it was launched two months after Peter Hofschröer was arrested and held on remand, with no access to legal advice or his paper or electronic files. He has not been at liberty since and was convicted at Teesside Crown Court in July 2016 on indecent image charges [2].

Hofschröer now faces Part 1 extradition proceedings by the Austrian authorities at a Westminster Magistrates Court hearing listed for 15th September, 2016 on charges relating to stalking, child pornography and defamation under sections 107, 207 and 297 of the Austrian criminal code. It is also reported that he is appealing the paedophilia conviction, although how that could be grounded is not entirely clear, given that the trial was conducted by one of the North East Circuit’s longest serving judges, HHJ Tony Briggs QC.

The net effect of all this, as far as the police, and the rest of the Hofschröer family is concerned, is that none of the offensive articles about which they complained have yet been removed from the internet, nine months after an injunction prohibited their publication – and the likelihood of ever collecting the costs awarded against Peter Hofschröer are almost non-existant.

Put shortly, and given his continued incarceration over the criminal matters, the civil claim against him was a complete waste of time and money.

Which brings us to the decision to spend a vast amount of public money, made by the PCC and published on her website [3], some twelve months after she was required to do so, by law.

Despite being asked a number of times the PCC refuses to explain the delay between the first of the lawyers’ Hyson invoices pouring in (July 2015) and the Decision Note being put up, unannounced, on her website fifteen months later. What follows in this article will go a long way to unlocking that mystery.

To facilitate this analysis, the text of the formal Decision Note dated 29th September, 2015 is taken verbatim from the NYPCC website and highlighted below in blue. My comments, grounded mainly in responses to correspondence with the police and the PCC’s office, freedom of information request finalisations and public accounts access disclosures, are in black type beneath each section.

Screen Shot 2016-09-04 at 13.50.10

Executive Summary and Recommendation

The Police and Crime Commissioner (PCC) is ultimately responsible for representing the public in all matters, as well as overseeing  the policing budget to ensure good value for money for the taxpayer.

Many would submit, along with myself, that allocating around £50,000 each in free legal fees to the Chief Constable, Deputy Chief Constable and the Head of Uniformed Services (whose combined total salaries of around £340,000 per annum plus benefits totalling another £60,000pa ) would not pass any known Value For Money test.

It should also be said that, in my extensive investigative experience, the PCC in North Yorkshire puts her unquestioning support of the police – and particularly Dave Jones – well ahead of any representation of the interests of the public. 

This Decision Notice will demonstrate that the PCC is holding the Chief Constable to account by monitoring the financial support of a specific case which is currently a matter of ongoing civil proceedings.

The one significant feature of the PCC’s tenure has been her complete failure to hold the Chief Constable to account. This was a key strand of argument from those opposing her in the PCC elections in May 2016, when Julia Mulligan was elected on a much reduced majority. The shambles surrounding this Decision Notice is a further example of that.

The PCC is satisfied that supporting the action by individuals is a lawful and proportionate use of public money and is in line with her priority of supporting victims and ensuring an efficient and effective police service. This Decision Notice will explain the scrutiny process.

In the Hofschröer case there has been one victim who stands out above all others: Disabled World War 2 veteran, Barbara Hofschröer, who was displaced from her home and now languishes in a council run care home, cut off from her chosen carer. Whilst no right thinking person could condone the appalling manner in which the campaign for justice for Grandma B (as Barbara is widely known) was run by her son and carer, Peter, at the heart of this issue is a grave miscarriage of justice.

In order to be as open and transparent as possible, the PCC publishes all Decision Notices so they are available to the press and the public.  This happens whenever a decision is in the public interest, of which there are several tests. In addition, the PCC expects the Chief Constable (CC) to draw to her attention issues which (amongst other things) are sensitive, contentious, novel or repercussive or where there is a real risk that the Commissioner or Chief Constable could be exposed to public criticism.

This Decision Notice was only published after considerable pressure was brought to bear by me, both via social media and a complaint to the Police Scrutiny Panel. Almost a full year after the PCC was legally obliged to do so.

In making this decision publicly and formally, through a published Decision Notice, the PCC will demonstrate that:

  • She is holding the Chief Constable to account by monitoring the financial support provided to a specific legal case, which is in the public interest

On any reasonable view it is difficult to see how the public interest is satisfied by granting huge benefits, by way of free legal fees, to very highly paid senior police officers over ‘hurt feelings’.

  • She is satisfied that supporting the action is a lawful and proportionate use of public money in line with her priority of supporting victims, and is in the best interests of the public purse

There are thousands of victims of serious crime in North Yorkshire who have received no financial support, whatsoever, from either the state in general, or North Yorkshire Police in particular. To allocate huge sums of money to alleged victims of harassment without violence is preposterous. Away from North Yorkshire, I draw the stark example of the families of the twenty-one victims of the Birmingham pub bombings who are desperately seeking public funding for legal representation at the new inquests. They have, so far, been refused legal aid and an appeal direct to the Home Secretary has been made. Perhaps they might get  more joy from Julia Mulligan?

She is upholding her commitment to being open and transparent.

The repeated use of the expression ‘open and transparent’ is troubling (they are underlined for emphasis). It has been proven beyond any doubt, whatsoever, that the PCC’s office is anything but. To the extent that Julia Mulligan is due to appear in Huddersfield County Court on 11th October, 2016 over her persistent breaches of Data Protection and Freedom of Information Acts. Much of the withheld information that forms the grounds for my claim concerns Operations Rome and Hyson.

1. Introduction and Background

Over the last seven years an individual has been involved in a complex family dispute.  Some of the allegations made have been investigated for possible criminal offences.  During the course of the investigation, members of the public and several professionals involved in the case, including former and serving police officers, have sustained alleged harassment.  The alleged harassment has included an amount of comment about their personal integrity and has been experienced through correspondence with the force and the Office of the PCC (OPCC), in formal complaints and on various social media outlets including websites and blogs.

The individual concerned was Peter Hofschröer. In an ‘open and transparent’ Decision Notice it seems odd that he has not been named. Six months after court proceedings were opened in a public hearing. Similarly, the websites referred to were Real Whitby and the North Yorks Enquirer. The blog in question was the previously mentioned Grandma B.

Criticism of North Yorkshire Police is of course accepted as fair comment and complaints are dealt with in accordance with procedures.  North Yorkshire Police strives to encourage engagement and debate with the public it serves, and in no way seeks to “close down” legitimate criticism that is helpful in improving the service response.  However, some of the comments have been so personal as to have affected the health of some of the recipients.  Police officers are used to dealing with difficult situations, they have broad shoulders and they are certainly not above criticism. 

There can be few, if any, other public bodies that are as sensitive to any criticism as North Yorkshire Police. It only encourages debate if they are able to control the agenda. Similarly, if the force is tackled on any area where their service falls below the required standard they are simply not interested in engaging with those who highlight shortcomings.

Similarly, the assertion that complaints about NYP officers are dealt with according to procedures is risible. A growing portfolio of cases to which I now have access has proved, beyond any doubt, that abuse of the complaints system by the force is on an industrial scale.

There has however been years of unwarranted harmful personal abuse that has tied up police time.  If the behaviour had been physical then there may have been a variety of different solutions to stop the behaviour and the Chief Constable has a statutory Duty of Care to look after the health and safety of his employees no matter how any distress is caused. Along with the health and safety of individuals, the effectiveness and efficiency of the police service is paramount and must be protected.  Over a considerable period of time the contact of individuals has impacted greatly on police resources in a way that is not sustainable.

The three officers concerned here are Chief Constable Jones, Deputy Chief Constable Tim Madgwick and Chief Superintendent Lisa Winward (since promoted to Assistant Chief Constable). The harassment, according to the claim’s particulars and their own witness evidence, comprised of emails and articles on two websites. It is very doubtful that the two chief officers saw the emails and even more doubtful that they read the articles on what are two niche websites. Indeed, the pleadings made it clear that a lot of the ‘harassment’ complained of required a Google search by a team of expensive lawyers, working on their behalf, building a case.

The Chief Constable took the decision to proceed based on clear advice from a leading Barrister.  Based on that advice, the Chief Constable took the view that civil litigation was a necessary step to exercise his duty of care to members of his own organisation and to protect members of the public.

The leading barrister is Simon Myerson QC, who had also been advising on the spectacularly failed criminal investigation, Operation Rome. It is unclear why, in an ‘open and transparent’ Decision Notice why such a high profile lawyer would not be named. He had already appeared in court in the matter twice by the time the Decision Notice was published.

The decision by the Chief Constable to fund legal action to support individuals – both former and serving officers, and others connected with the case – attempting to prevent further alleged harassment was considered at great length.  Legal advice was proactively sought. 

Alongside that formal legal advice, both the PCC’s and Chief Constable’s Chief Finance Officers were consulted and provided their professional opinion.  Financial regulations were also checked. 

The External Auditors have also scrutinised the rationale and confirmed that North Yorkshire Police has the powers to undertake the actions that it has.

An employer has a statutory duty of care to the employees of the organisation.  Responsibilities include matters of health and safety and well-being.  Supporting this case seeks to addresses this.  Along with this duty on the employer there is a legal power and duty upon the PCC to maintain an efficient and effective police force for the area.  Supporting this action seeks to contribute to this in relation to the significant time and resource that has already been spent on this matter.

As is often the case in legal proceedings, most of the cost is frontloaded as evidence has had to be filed at the beginning.  This Decision Notice is being considered before the proceedings move towards any possible further hearings.

Two hearings had already taken place at Leeds High Court and a third hearing was already listed, before the Decision Notice was published. On 9th February, 2105; 25th June, 2015.  and 27th November, 2015 respectively

The position at this time is that the defendants can now decide whether to contest the case brought.  If they do so, a final hearing timetabled by the Judge would then be required.  It is of course hoped that a lengthy hearing can be avoided by the defendants agreeing to proposals made.

By the time the Decision Notice was issued it was clear that the two journalists were not going to go down without a fight and that a lengthy and costly legal battle was inevitable.

The final cost of the civil case will depend at what stage the case is finalised. Any early settlement will avoid a contested final hearing.  So far (to the date of this report), external legal advice and representation in the civil proceedings has cost £162,406. Most of the cost is frontloaded in this type of proceedings, as evidence has had to be filed at the beginning.

An estimate for the anticipated costs was made before the start of the proceedings and was estimated at around £202,000.  This is set against the cost of over £400,000 which the matter had already cost the force in dealing with the activities of those against whom the civil claim is made.  There was no apparent end to the case without positive action and other solutions had already been exhausted, which was a key factor in determining the course of action through the civil court.

It must have also been clear at that time that the estimate for the legal costs was going to be well in excess of the £202,000 estimate referred to in the Notice. The claim of £400,000 being the cost of dealing with the ‘activities’ of the defendants has been proved beyond any doubt to be far-fetched in a highly forensic article I wrote on the subject earlier this year. Read ‘409,970 reasons not to trust North Yorkshire Police’ [4].

In addition, the victims of the alleged harassment need to be able to seek relief from the alleged harassment they have felt and the PCC felt it appropriate to support them as victims in these proceedings.

A freedom of information request has been submitted to the PCC’s office to establish how money other victims of crime have been granted access to police funds to pursue civil claims.

2. Other Options Considered

It is for the Court to find, on consideration of evidence put before it, whether the issues and behaviour concerned have amounted to legal harassment of the individuals concerned. However, North Yorkshire Police felt obligated to take positive action to try to protect its staff.  Therefore it was decided to support the officers to commence civil proceedings as individuals.  In addition, as all solutions in the criminal arena had been exhausted for other claimants, a decision was taken to combine all actions of all individuals concerned from the start.  This was considered to be the most operationally and administratively effective solution saving both financially and court time (and therefore further public money) to combine all actions of the individuals concerned from the start.  It is hoped that the final outcome will reduce the distress felt by all those party to the action.

Citizen journalist Nigel Ward was included in the action despite none of the police officers (serving or retired) having any evidence against him, whatsoever. The Hofschröer family and their social worker had none either. That meant eight of the nine claimants had nothing against Mr Ward. Yet, the police officers held him in the claim until June, 2016 before discontinuing their claims and agreeing to pay Mr Ward’s costs. At the final hearing, Mr Ward was also awarded his costs against the ninth claimant, Jane Kenyon-Miller. This is likely to add over £100,000 to the police bill and raises huge public interest and misfeasance questions about the funding, by the police, of an action that, in the end, amounted to a wealthy public figure trying to crush a penniless pensioner into silence over her dodgy business dealings.

3. Contribution to Police and Crime Plan Priorities

The action supports the Policing Priorities in the Police and Crime Plan.

This statement is a nonsense. There is nothing at all in the Plan that supports senior police officers being granted huge sums of public money to pursue journalists over alleged harassment. Especially, after the CPS had twice ruled against the police on charging decisions over those same allegations.

4. Implementation and Resourcing Implications

The proceedings will continue in line with Directions made by the Court and regular meetings will be held to monitor progress and plan for different outcomes depending on any Orders or Judgment.

A freedom of information request has been made concerning the notes of those meetings. The decision to proceed to trial in a one versus one situation was very high risk for the police – and so it proved. The officers involved in that decision should be named and shamed.

5. Consultations Carried Out

Professional consideration and advice has been provided by: 

Department
Office of the PCC
Financial Services
Local Policing
Human Resources
Joint Corporate Legal Services
Corporate Communications

 5. Compliance Checks

Financial Implications/Value for money: 

Comments of the Commissioner’s Chief Finance Officer
Prior to any expenditure being undertaken on the work to support funding this case the PCC CFO and CC CFO were consulted and their authorisation sought to spend public money in the way proposed. As PCC CFO, and therefore advisor to the PCC on financial matters, it was my opinion at the time, and continues to be my opinion that the organisation has the ‘power’ to incur expenditure in this way based on 2 reasons from a financial perspective.

This is patently untrue. Work was in train on Hyson as soon as Rome ended in July, 2014. The earliest recorded discussions taking place over funding was three months later, in October 2014. There are also significant breaches that have been exposed, by freedom of information requests,  over procurement regulations in force. Solicitors and barristers were awarded contracts for over £200,000 without any tendering protocol being observed. Requests for sight of the Single Tender Access documents, upon which the police later relied as an explanation, have fallen on stony ground.

The first reason is that an employer has a statutory duty of care to their staff in matters of health and safety and well-being, which is something that supporting this case looked to address. The second reason is that the PCC has a legal power and duty to maintain an efficient and effective police force for the police area. Given the amount of time and resources that has been spent on this matter previously, an estimate of which is set out within this Decision Note, then to protect the effectiveness and efficiency of the Force and to enable scare resources to be directed to the most appropriate areas of policing then the power exists to spend the money in the way outlined within this Decision Note.

It has been demonstrated beyond any doubt that the figure of £400,000 relied upon for expenditure on Operation Rome – and used as justifaction for spending £200,000 on Hyson – was largely an invention.

As mentioned elsewhere, legal advice has been sought and received in relation to the power of the organisation to spend public money in this way which supports the views of the statutory officers employed by the PCC and CC. In addition to this the External Auditors for North Yorkshire Police and the PCC have looked separately into this matter, to satisfy themselves that the organisation had the power to spend the public’s money in this way. While their formal opinion has not been received on the 2014/15 Statement of Accounts it has been communicated that they are satisfied that the ‘powers’ that the organisation has relied upon to incur this expenditure are lawful.

The External Auditors, Mazars, were not even aware of Operation Hyson until I raised it with North Yorkshire Police during the public accounts access period in July, 2015. Exactly a year after the first invoice connected to Hyson was raised by Simon Myerson QC. Mazars have not produced any evidence of independent legal opinion concerning the lawful ‘powers’ of a chief constable authorising himself £50,000 of free legal fees.

Comments of the Chief Constable’s Chief Finance Officer
I am in full agreement with the remarks made by the Commissioners Chief Finance Officer. 

I have submitted a freedom of information request to North Yorkshire Police seeking all meeting, briefing notes, internal and external emails connected to the decision (and the rationale behind it) by the force (and the PCC) to fund the civil action.

Legal Implications:
External expert legal advice has been sought (which is legally privileged) and there has been significant consideration of the ‘vires’ (lawful power) to use public money to support the funding of this case.  The T/Force Solicitor and Head of Legal Services is satisfied that this report does not ask the PCC for North Yorkshire to make a decision which would (or would be likely to) give rise to a contravention of the law.

It has been proved conclusively, by me, that the PCC received no independent legal advice concerning ‘vires’ – and none was ever sought. At first, Force Solicitor, Jane Wintermeyer, falsely claimed to me, in writing, that legal opinion had been sought on 13th January, 2015. She later retreated from that position and said the opinion was given in conference with Simon Myerson QC on 15th October, 2014. Myerson has never been instucted by the PCC on this (or any other) issue – and neither has any other solicitor or barrister according to a freedom of information response.

Human Resources Implications:
Welfare provision has been considered throughout in relation to those directly affected, due to the duration of this case, ongoing assessments should continue as part of our duty of care as an employer.

No medical evidence was adduced at any stage in the claim to support the proposition that the three serving police officers have been affected in a way, beyond hurt feelings, that would justify the spending of public funds to the tune of £450,000.

Public Access to information
As a general principle, the Commissioner expects to be able to publish all decisions taken and all matters taken into account when reaching the decision.  This Notice will detail all information which the Commissioner will disclose into the public domain.  The decision and information will be made available on the Commissioner’s website.

This is patently untrue. This was a Decision Notice that should have been published in October, 2014 when the decision was allegedly made to dip into the public purse to fund this legal free-for-all. It was admitted to me, in writing, by the North Yorkshire Police Force Solicitor that there was no intention to publish a Decision Notice about this grotesque waste of public money without a formal complaint being made to the Police and Crime Scrutiny Panel concerning its absence. The failure to publish placed the PCC in breach of The Elected Local Policing Bodies (Specified Information) Order 2011.

In summary, it can now be seen that this Decision Note was a lame attempt to cover over a number of defects in due process and slack accounting procedures at the very least.

During my investigations into the Hyson case I have been variously and regularly been obstructed, lied to, smeared and even threatened with legal action by either the Force Solicitor, or those working on her behalf.

The Chief Financial Officer failed to comply with her disclosure obligations under the during the public accounts inspection in 2015.

The ‘open and transparent’ Police Commissioner consistently refused to answer questions over the funding – or even whether she had read the particulars of claim or statement of case – during proceedings by citing potential prejudice. Then, incredibly, airily dismissed fifteen public interest questions put to her in an open letter published on both this and the North Yorks Enquirer websites [5]. She went further and, incredibly, asked me not to repeat that costs had been awarded against Jane Kenyon-Miller and the other eight claimants. Nothwithstanding the fact that I was in court when the draft orders to that effect were agreed between counsel for the parties and nodded through by the presiding judge.

It is not known, as yet, whether, Mrs Mulligan and ‘Knacker’ as the satirical irreverently refer to her chief constable will be suing Private Eye over the article. Using public funds, of course.

This is a story that still has some way to run and if those officials, elected or employed, who have treated both the public and the law with utter contempt may well find that their seeming sense of invincibility will be shattered in a way they might not have considered possible. A study of section 6(1) of the Prosecution of Offences Act 1985 might well be prescriptive.

 

Annotations

[1] Private Eye, August 2016: ‘Police 5 – North Yorkshire Boors’.

[2] York Press, 11th July, 2016: ‘Historian who had 36,000 indecent images gets two and a half years’

[3] North Yorkshire Police and Crime Commissioner, 29th September, 2015: ‘Decision Notice 011/2015 – Formal support and explanation from the Police and Crime Commissioner regarding funding of ongoing civil litigation action (sic) to protect officers and members of the public against alleged personal harassment’.

[4] Neil Wilby, 20th March, 2016: ‘409,970 reasons not to trust North Yorkshire Police’

[5] Neil Wilby, 29th July, 2016: ‘Open letter to Julia Mulligan’

Page last updated on Monday 5th September, 2016 at 0845hrs

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

The Old Pals Act, 2016

There can be few more frustrating exercises for a journalist than trying to elicit straight answers from police forces. Legions of press officers are, mostly, conditioned to stonewall newshounds in search of the truth behind a story.

Too often they are briefed by senior officers to provide obfuscating, misleading or, on more rare occasions, untruthful answers to the media. The latter invariably to either avoid, or at least minimise, reputational damage to the force or wider police service.

So, the opportunity to ask direct questions of chief officers in open forum is a vanishingly rare one in the post-Leveson era, and is not one that should be passed up lightly.

Every month or so, North Yorkshire Police and its Police and Crime Commissioner hold a meeting of senior warranted and civilian officers which goes by the grand title of Corporate Performance, Delivery and Scrutiny Board. It is live podcasted, and even has a Twitter hashtag, #NYPScrutiny.

Except that virtually no-one watches the podcast. Either live, or by way of catch-up on YouTube, and there is little, or no, public interaction on social media about the Scrutiny Board.

Those that have watched the podcast probably wouldn’t repeat the exercise, as it is a complete waste of time as far as scrutiny goes – there is none – and the self-indulgent backslapping over performance and delivery, by those officers present around the meeting table, verges on nauseating.

Indeed, it is true to say that the exercise may now be all a tad too tedious, even for Chief Constable Dave Jones and PCC Julia Mulligan, as the former has been absent on holiday for the last two meetings (he also missed the previous three whilst away on secondment) and Julia has also missed two of the last three meetings. The latest because she was also on annual leave, we are told.

As part of the theatre of the occasion and, they say, in the interests of ‘transparency’, the Scrutiny Board invite public questions. These can be emailed in beforehand, or tweeted using the #NYPScrutiny hashtag whilst the meeting is in session.

As yet, they have not excluded journalists from the process so I have availed myself of the opportunity several times in the past. Indeed, it is rare for anyone other than myself, or uPSDNYP, to ask a question.

Just before the most recent Board meeting, I was contacted by a complainant for whom I have advocated informally for almost four years. She is a rape and fraud victim – and there are long standing issues with both NYP and their big city cousins, West Yorkshire Police over failures to successfully prosecute the perpetrator.

She told me that her two most recent conversations with a senior officer in NYP’s professional standards unit, Detective Chief Inspector Steve Fincham, had resulted in him losing his temper on both occasions including, in one of them, slamming the phone down.

Mr Fincham is an officer about whom I already know a great deal. He has dealt with a large number of complaints with which I have been directly, or indirectly, involved. Apart from an increasing portfolio of case files, I also hold a significant amount of credible, anecdotal evidence concerning the way this particular officer approaches his professional standards role. The criticism is not all from the public making complaints, either. There has also concern amongst serving officers about his uncultured, bullying approach to the job.

A decision was quickly reached between the rape victim and myself that a public question to the Scrutiny Board about DCI Fincham’s conduct might be more prescriptive than a formal incivility complaint against an officer who has delegated Appropriate Authority powers from the Chief Constable under the Police Reform Act. How prescient that turned out to be.

This is the question, faithfully reproduced in picture form, on screen, during the section of the meeting devoted to public questions:

Screen Shot 2016-08-25 at 11.10.22

What was not reproduced, specifically at my request, was background material given to the Police Commissioner’s office that was relevant to the question.

– That I have acted informally for the past four years for the complainant. We meet regularly, speak often on the telephone and share documents – and confirmation that I am strongly committed to doing everything in my power to see that she secures justice.

– It was asserted on her behalf that officers at managerial rank who cannot maintain self-control should not have public facing roles.
– It was also pointed out that, like me, the complainant is astounded at the lack of knowledge of due process that DCI Fincham appears to exhibit at almost every contact. That is much more concerning to both of us than inappropriate behaviour on the telephone.
– Finally, it was drawn to the attention of those present at the meeting that the rape victim will not be complaining to the force formally about DCI Fincham’s conduct because again, like me, she feels there is absolutely no point. He is, seemingly, protected by the Command Team and is likely to remain so. Also, like me, she has also much more important issues to address with NYP.
From the response given in this short excerpt from the podcast it is clear that Deputy Chief Constable Timothy Madgwick had read the email. He claims, as you will hear, that DCI Fincham is not protected by senior officers:
What has happened since that Board meeting ended has played out rather differently to what the rape victim, myself and now, it seems, the wider public on social media might have expected.
The day after the Board meeting I contacted the Police Commissioner’s office by email and this was the final paragraph of that message:
In the meantime, we will await the formal response to yesterday’s public question. If DCC Madgwick requires witness accounts from other members of the public with whom DCI Fincham has interacted, please do let me know. That may give enquiries into the matter a much more solid evidential base. 
An answer was provided swifly by the Commissioner’s office, but it was unexpected to say the least: I don’t think there is an intention for a further response to be sent to you.  The matter was raised and responded to (in the meeting).
Further exchanges have taken place with NYPCC, conducted in the familiar cordial manner, to the effect that if DCC Madgwick is not minded to investigate or respond to either myself, or the rape victim, then a more detailed complaint will be submitted via the Independent Police Complaints Commission. Supported by at least four witness accounts previously referred to.
Which, on any independent view, would place a further burden on the police complaints system which is already overloaded and beset by lengthy delays. So, why doesn’t DCC Madgwick, who ran the force’s professional standards unit in 2003 to 2004, just answer the question, ‘look into it‘ as he says on the video clip and tell those affected by Fincham’s behaviour, and the wider public, exactly what he has found and if he has disciplined the errant officer? Is that really so difficult to do?
Well, it seems the reluctance of Mr Madgwick to investigate the matter, and censure DCI Fincham, might be found in a senational development two days beyond the Scrutiny Board meeting. In a letter to Tim Thorne, the owner of the North Yorks Enquirer internet news magazine it turns out that – wait for it – DCI Fincham is to ‘investigate’ DCC Madgwick over a complaint made about him by Mr Thorne in June, 2016.
You couldn’t make it up, except this is the Alice Through The Looking Glass world of North Yorkshire Police where everything is ‘amazing’, ‘fantastic’ or ‘great’ and no-one in #TeamNYP (another Twitter hashtag) can possibly be the subject of criticism, let alone found out over wrongdoing.
BBC Inside Out corruption busters pic
Mr Thorne’s complaint concerned false evidence that DCC Madgwick had made in a witness statement in the well-chronicled Operation Hyson investigation, wherein it was claimed that ‘Tim Thorne’ was an alias used by Luxembourg-based chartered accountant, Tim Hicks. Madgwick had failed to correct the false assertion when first challenged by rebuttal evidence in October, 2015 and more publicly by me on Twitter in May, 2016 (see above picture).
Given that the complaint is now approaching three months old and is already non-compliant in a number of areas (failure to provide updates, wrong correspondence address used, wrong type of investigation ordered, officer of insufficient rank or hierarchal independence appointed to deal with the complaint) DCC Madgwick is hardly rushing to correct the mistake and front up with a public apology.
_65102059_65101757
DCC Madgwick (pictured above) is also the subject of another police complaint concerning a further alleged falsehood in that same witness statement. That issue is presently in the hands of the IPCC, by way of an appeal against a decision not to record the complaint by – you may have guessed it – DCI Fincham. A third complaint against Madgwick also rests with the IPCC over allegations connected with alleged attempts to criminalise me by way of contempt in the Hyson court proceedings. Fincham also refused to record this complaint.
This is another classic case of the police, and a compliant Police and Crime Commissioner, managing to make any complaint situation, however straightforward, into a publicity disaster.  The story will run and run for some time yet. Particularly, as Fincham, just three days after the Scrutiny Board meeting, flew off the handle yet again and put the phone down on a vulnerable and intimidated female for a third time. He lost his temper, yet again, when he was asked politely to behave properly and, particularly, as the complainant made Fincham aware of her having viewed the podcast. This was the tipping point, it seems, for PSD’s errant ‘golden boy’.
Both the North Yorkshire Police press office and the Police Commissioner’s office have been approached for comment but have yet to respond. These are the questions put to both:
1. The appropriateness of officers each investigating the other, over public complaints, at one and the same time.
2. The persistent and flagrant disposal of complaint issues by NYP/NYPCC outside the appropriate legislative framework.
3. The suitability of police officers at managerial rank, who exhibit repeated failures of self-control, to hold public facing roles.
The silence is, so far, deafening. As it is from DCC Madgwick, who has so far refused to respond to these matters put to him via Twitter:
Screen Shot 2016-08-28 at 08.37.27
Four days after this article was re-published on the North Yorks Enquirer news website, a member of the public came forward to give his own views on the PSD officer at the centre of this storm. Nigel Rush from Tadcaster, in a letter to the editor of the NYE, describes detective, Steve Fincham, variously as “aggressive, “boastful” and “frightening”. Mr Rush’s phone call with Fincham also ended with the phone being slammed down on him. He is, however, at pains to point out that interaction with other NYP officers was of a much more pleasant and professional tenor. I have heard another family group of complainants against NYP – all highly respectable people – use almost identical words when describing Fincham. Except that they have met him, as opposed to speaking on the telephone. Another complainant, whose lawyers are presently prosecuting a civil claim against North Yorkshire Police on his behalf, says: “I found him (Fincham) totally untrustworthy and full of artifice. He turned my complaint against an officer who had assaulted me on its head”.
On the very same day, well known governance campaigner, Gwen Swinburn, who mainly – and successfully – holds City of York Council to account, stepped into the ‘NYP let’s investigate each other’ debate on Twitter. Gwen asked Julia Mulligan if she could intervene in what she felt was a situation that was an affront to democracy whereby police officers could investigate each other at one and and the same time.
Despite the snub to a request for comment on this article, the NYPCC twitter account jumped in on Gwen’s tweet and answered on Julia’s behalf by saying they would ‘look into’ the situation. Quite what that amounts to is unclear, given that both the creation and the escalation of this bizarre situation is all down to the Commissioner’s office.
Screen Shot 2016-08-30 at 15.53.39
The fact that the ‘look into’ promise is exactly the same as used by DCC Madgwick at the Scrutiny Board meeting might be seen by some as ominous.With exactly the same outcome?

Page last updated: Friday 2nd September, 2016 at 1445hrs

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

Open letter to North Yorkshire Police & Crime Commissioner, Julia Mulligan

PCC-Julia-Mulligan-3

Dear Julia

We have met twice over the past two years and conducted discussions amicably on topics connected with your role as Police and Crime Commissioner for North Yorkshire and the City of York.

Particularly, related to the oversight of the Chief Constable that forms one of the three core strands of responsibility of a Police Commissioner. The other two being, of course, firstly, setting a budget and, secondly, agreeing a Policing Plan with the force.

I write to you in connection with the recently concluded Operation Hyson, and its predecessor investigation, Operation Rome, which engages two of those key strands, oversight and budget, and remind you that the ground upon which you persistently stonewalled any previous questions – ‘it may prejudice an on-going legal case’ – has now fallen away.

The following public interest questions, therefore, are now put to you in open letter and you are most cordially invited to respond in the same manner.

 

  1. When you were elected in November 2012, were you made aware by the Chief Constable of the attempts by North Yorkshire Police to silence two citizen journalists via criminal prosecution by way of Operation Rome?

 

  1. Did you know that one of the two journalists, Nigel Ward, was not contacted by police, even once, during a two-year investigation into the allegations of harassment?

 

  1. Will you please publish the Operation Rome investigation report (suitably redacted to protect personal information) in the interests of openness and transparency?

 

  1. Who was the driving force within NYP for those failed prosecution attempts?

 

  1. Was that same officer the lead for converting an inept and, ultimately, failed criminal investigation into a publicly-funded civil court claim?

 

  1. Did you ever read the pleadings in the civil court case and satisfy yourself that the inclusion of Nigel Ward in the claim was merited on the evidence?

 

  1. I have asked you repeatedly if you had read the papers but you claimed it would prejudice the case if you answered ‘yes’ or ‘no’. Do you stand by that as a credible rationale, bearing in mind this was a civil court claim heard before a single (very senior) judge?

 

  1. Eight claimants, including CC Jones, DCC Madgwick, C/Supt (now ACC) Winward, held Mr Ward in the claim until only one month before the trial despite having no evidence, whatsoever, against him. Will you be holding CC Jones to account over this conduct and, particularly, the grotesque waste of public money as once costs issues are resolved – either between the parties or by the court – it is very likely to mean a further significant drain on police funds?

 

  1. Whilst the matter of costs is also still extant in the case of the ninth claimant, your long term political ally Jane Kenyon-Miller, these are likely to be very substantial – and another scandalous waste of public money. Will you also be holding the Chief Constable (or Acting Chief Constable as the case may be) to account over the decision to take the matter to a final hearing on 26th July, 2016 (from which I reported), against the judge’s specific advice at an earlier hearing on 7th July, 2016 (at which I was also present) for both parties to seek a compromised settlement?

 

  1. Will you be holding the Chief Constable to account over the fact that he was funding no less than seven lawyers, including a QC, to be present at the final hearing (albeit two of those were trainee solicitors) representing Jane Kenyon-Miller, a member of the public, in what was, after all, an uncomplicated County Court claim between two members of the public?

 

  1. Please explain your rationale for continuing to sanction the Acting Chief Constable’s public funding of Mrs Kenyon-Miller, an independently wealthy individual, in her claim against Mr Ward, a penniless pensioner, after the other eight Operation Hyson claimants (including the Acting Chief Constable himself) had, belatedly, discontinued their claims?

 

  1. Please also explain your rationale for sanctioning the spending by A/CC Madgwick of what may well be around £20,000 of public money on a failed, largely misconceived application hearing held on 7th July, 2016 at which (i) permission was sought to access emails and text messages of Mr Ward and myself (ii) criminalise myself and Mr Ward over alleged contempt of court?

 

  1. Will you be holding Acting Chief Constable Madgwick fully to account over the false evidence he gave in his witness statement in the civil claim – and the manner in which he conducted himself when publicly challenged over some of it?

 

  1. Will you be holding your own employee, Temporary Force Solicitor Jane Wintermeyer, similarly to account over why significant parts of her witness evidence concerning Mr Ward were palpably false, the rest of it concerning Mr Ward of little apparent evidential value?

 

  1. Finally, will you be holding the Chief Constable to account over the smears he caused to be published against Mr Ward in local and regional newspapers suggesting that he – in concert with the two other defendants – persistently harassed ALL nine of the claimants in a most unpleasant manner? The finding of the court is that he has not harassed ANY of the claimants.

 

I look forward to your response.

Kind regards

 

Neil Wilby

 

 

Page last updated: Saturday 30th July, 2016 at 1015hrs

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