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

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

Photo credit: NYPCC

And then there were two……

The long-running Operation Hyson saga is finally set to reach its conclusion on Tuesday 26th and Wednesday 27th July, 2016 at Leeds County Court.

Hyson is the codename given to a wide ranging NorthYorkshire Police-funded civil harassment claim that originally involved nine claimants against three defendants. The documents produced for the first hearing, in February 2015, needed fourteen lever arch files to contain them.

Amongst the claimants were the Chief Constable, Dave Jones, and Deputy Chief Constable, Tim Madgwick; Chief Superintendent Lisa Winward and recently retired Superintendent Heather Pearson.

Two of the defendants, who are no longer part of the claim, were Grandma B justice campaigner, Peter Hofschröer, and citizen journalist, Timothy Hicks. Mr Hofschröer had judgment entered against him last November when he refused to take any further part in the proceedings – and Mr Hicks had an agreed consent order sealed by the Court on 30th June, 2016.

This sealing of the Hicks consent order was confirmed in open court by the trial judge, HHJ Mark Gosnell, at an application hearing on 7th July, 2016 which concerned some housekeeping issues upon which the two legal teams acting for the remaining parties to the action were unable to agree.

It is understood that undertakings have been given by Tim Hicks to all the claimants, which includes other members of the Hofschröer family. To the effect that there would be no future contact with the claimants for at least two years – and some of the 150+ articles published by Mr Hicks would be requested to be taken down from the two internet news websites to which he has contributed. Namely, Real Whitby (nineteen articles) and the North Yorkshire Enquirer (twenty-six articles). Fourteen of the articles have URL’s common to both websites.

No order for costs or damages was made against Mr Hicks.

It was also confirmed by the judge that eight of the claimants originally ranged against Nigel Ward, another citizen journalist, had discontinued their harassment claims against him. The claimants, including the four serving and retired police officers, are now all liable to pay the legal costs of Mr Ward incurred in defending his reputation.

The one remaining claimant against Mr Ward is Jane Kenyon-Miller, a former Borough and County Councillor but, perhaps, more widely known as the former Chair of North Yorkshire Police Authority.

Nigel Ward pic                    kenyon_jane

Pictured above: Nigel Ward and Jane Kenyon-Miller

The application hearing before HHJ Gosnell on 7th July was to decide on two issues: Firstly, a relatively straightforward point as to whether Mr Ward’s second witness statement in the claim could be filed out of time, following a change of legal team in May of this year. Ever the pragmatist, the judge ruled that the one remaining claimant was not prejudiced by late service, the overriding objective under Part 1.1 Court Procedure Rules (CPR) was met, and the evidence was relevant to the issues to be tried at the final hearing. Accordingly, the statement was allowed into the claim.

The second issue was much more controversial: It was said that investigative journalist, Neil Wilby, had conspired to breach a consent order that had been agreed by the legal teams acting for the original nine claimants and Messrs Ward and Hicks. It was also alleged in court that Mr Wilby had ‘re-published’ or ‘re-advertised’ material about some of the claimants in collusion with Mr Ward. By so publishing, it was further alleged that they had adversely affected the credibility of Mrs Kenyon-Miller. The means of doing so was alleged to be by Mr Ward passing information to Mr Wilby that gave him ‘special knowledge’.

A declaration was sought from the court over the alleged breach of undertaking – a very serious matter indeed – and permission was also sought to for the claimants to access all emails and text messages between Ward and Wilby concerning Operation Hyson.

The two articles at the heart of the controversy were Crompton and Jones: Two of a Kind and Inn of last Resort (read in full here) which both appear on this website. Two of a kind has never been published, and still remains password protected, the Inn of Last Resort makes no mention at all of Mrs Kenyon-Miller, the one remaining claimant.

Counsel for Nigel Ward, Ian Brownhill, instructed by Dave Holley and Neil Heffey of DDE Law in Liverpool, made submissions to the Court on the basis that the order sought was too broad; there was no nexus between the issues to be tried and the materials sought; Article 8 convention rights were engaged; there is no viable argument under CPR upon which to ground such an application and it amounted to nothing more than a ‘fishing expedition’ by the claimants. It was further submitted that the application made on behalf of Mrs Kenyon-Miller ‘was completely without merit’.

Hannah Lynch, the junior barrister representing the former Police Authority Chair, instructed by solicitor Nick Collins of Weightmans in Leeds, appeared to visibly wilt under the pressure of attempting to rescue what always seemed, from the press seats, to be a lost cause. The leading barrister retained by North Yorkshire Police, Simon Myerson QC, did not appear.

In the event, HHJ Gosnell ruled that neither the conduct of Mr Ward, nor the two articles in issue, ‘doesn’t go anywhere near showing that he was in breach of the undertaking’. He also ruled in favour of Mr Ward on the disclosure of text messages, emails issue and said what was sought by the claimants was neither ‘relevant’ nor ‘proportionate’.

Accessing text messages was always a red herring, anyway, as Nigel Ward doesn’t own a mobile telephone.

Costs of the second application were awarded against Mrs Kenyon-Miller, who remains publicly funded at the behest of her long-time political ally, PCC Julia Mulligan. The costs of the first application will be determined by the outcome of the final hearing. In legal parlance, ‘costs in the cause’.

In an unusual step, at the end of the hearing, the judge directly addressed Mr Ward, who was sat in the public gallery watching proceedings unfold. His Honour explained about the Hicks settlement and reminded both Mr Ward, his legal team and the lawyers representing Mrs Kenyon-Miller (who was not in court), that it might be the best solution for all to consider a pragmatic settlement being negotiated by the parties, and their representatives, as opposed to the significant expense of a trial being incurred.

HHJ Gosnell observed that, whilst the trial might well devolve into ‘a two day mud-slinging exercise‘ between the two remaining protagonists, he was not the one paying for it. His role was simply to ensure a fair trial took place. The not inconsiderable costs would fall to the ‘loser’ at the end of the final hearing. Whichever of the two that might be.

Nothwithstanding the fact that Mr Ward and the two legal teams were invited to think about this point very carefully by the judge, it seems that the trial will go ahead on the 26th after all.

A very interesting two days in store, as it all appears to boil down to this: A police force using one of its former top officials, its own force solicitor as a supporting witness, and a wholly disproportionate amount of public funds, to front a civil court claim that seeks to silence one of its main critics.

_________________________________________________________________

Page last updated: Monday 22nd July, 2016 at 1830hrs

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

Photo credits: North Yorkshire Enquirer

‘Are we all equal under the law, Dave?’

In June 2013, when David Graham Jones took charge of North Yorkshire Police for the first time, he probably thought that he had ‘landed on his feet’ as we say oop t’North. A rambling, old country hall as HQ, miles from anywhere, it truly is far from the madding crowd

lfordPolicing the genteel and largely rural acres of Harrogate, Ripon and York (the latter two the only cities on his patch) would also be a far cry from his previous career postings in the rough, tough gun-toting, knife-wielding districts of Salford and Belfast.

Newby Wiske Jones Mulligan

Add to that a charming, equable and unchallenging employer, in the form of Police and Crime Commissioner (PCC) Julia Mulligan, and a Command Team deeply committed to self congratulation and backslapping, and it all must have seemed very agreeable

Top all that off with a largely tame local and regional media and what could possibly go wrong for the Jones boy?

Much has been written elsewhere about the Jimmy Savile and Peter Jaconelli child abuse scandal in the seaside town of Scarborough. In brief, the investigative efforts of two citizen journalists – Tim Hicks and Nigel Ward – led to a BBC Inside Out programme aired in April 2014. It showed NYP in a poor light and Jones didn’t put either himself, or any of his officers, up for interview.

The bottom line is, that without the sterling efforts of Messrs Hicks and Ward, the many victims of the two, now notorious, child sex offenders would have received no recognition, apology or closure. Their reward by North Yorkshire Police? To be hounded through the civil courts for eighteen months.

A Google search of ‘Operation Rome’ and ‘Operation Hyson’ will link to a number of forensic articles I have written about these two disastrous, and very costly, NYP investigations that now span almost five years. They have brought significant reputational damage to both Jones, and his police force .

Much worse publicity is yet to come as Hyson, a civil harassment claim against the two journalists responsible for the exposure of the Savile and Jaconelli scandal, lurches towards a trial at Leeds County Court on 20th July, 2016. Eighteen months to the day since proceedings were issued. The press benches will, no doubt, be overflowing to report on the unfolding proceedings.

Jones, as lead claimant in that civil case, felt it necessary to award himself free legal fees, courtesy of the public purse, before approving the launch of the claim. At a figure currently estimated at £40,000, come the end of the trial. He also authorised two of his very senior officers, Deputy Chief Constable Timothy Madgwick and C/Supt Lisa Winward (pictured below) to access the same legal fees benefit.

C-Supt Lisa Winward

On top of that estimated £120,000 diminution of the public purse by three serving police officers, Jones – in a grand gesture of munificence – also granted free access to the public purse to one of his retired police officers, ex Superintendent Heather Pearson and former Police Authority Chair, Jane Kenyon. That leap of faith then takes the bill up to an estimated £200,000.

But Jones didn’t stop there. In the best traditions of past North Yorkshire Police ACPO officers such as Della Cannings, Grahame Maxwell, Dave Collins and Adam Briggs, and their liberal approach to the spending of police funds, he awarded the same amount of free legal fees to four members of the public. Taking the total estimated bill to the North Yorkshire precept payer for the private court claim up to around £350,000.

Curiously, Jones is a leading light in the Chief Police Officers Staff Association (CPOSA) who might, reasonably, have been expected to provide support for one of their members pursuing legal action, rather than Jones using police funds as a personal piggy bank. Jones’ Deputy, Tim Madgwick, is also a CPOSA member. A copy of the CPOSA legal expenses policy can be viewed here. Similarly, Lisa Winward and Heather Pearson are covered by legal expenses insurance as members of the Police Superintendents’ Association of England and Wales (PSAEW). Whilst the insurance is more regularly used as an aid to defending claims against officers, Hyson was grounded, allegedly, in health, safety and welfare issues connected to the police officers.

Even more curiously, Mrs Mulligan (supported by Jones) contemplated embarking on legal action to recover monies from Maxwell and Briggs but abandoned the idea, because it might have cost too much in legal fees (and the Maxwell and Briggs personnel files had reportedly and mysteriously ‘disappeared’). In the context of the huge sum of public money spent on Hyson, and what is likely to be achieved, letting the errant chiefs off the hook looks a very poor judgement call indeed, by comparison.

Put shortly, it was “inappropriate” according to Jones and Mrs Mulligan to chase two former NYP Command Team officers for £100,000 they owe (read more here), but no problem at all to spend around £350,000 of public money hunting down two journalists.

Which makes this joint statement of Chief Constable Jones and PCC Mulligan in the wake of the Maxwell, Briggs farrago sound very hollow indeed: “The commissioner and the chief constable are determined that issues of this kind shall never be allowed to occur again”.

But an issue of exactly that kind has occurred, just over a year after that solemn pronouncement was made – and the two people at the very heart of the scandal – and some of the attempts to conceal it from the public, are the very same Dave Jones and Julia Mulligan.

The unauthorised removal (or theft if you like) of the Briggs and Maxwell personnel files also has a troubling ring to it. Are NYP saying to the wider world that sensitive materials stolen from their own police HQ go completely undetected? This has shades of the Sir Norman Bettison scandal, when renewed allegations of platinum wire theft against the former Merseyside and West Yorkshire Police chief constable (pictured below) could not be progressed, as the original criminal and disciplinary files has ‘disappeared’ from South Yorkshire Police HQ by the time outside investigators were appointed.

bettb

Returning to Chief Constable Jones, he made one of his rare public, questions from the floor, appearances in October 2013, alongside Julia Mulligan, at St Joseph’s Theatre in Scarborough. He fielded this polite and seemingly innocuous query from Nigel Ward, who was in the audience:

Are we all equal under the law, Dave?

The response was reported as: ‘I bloody well hope so’.

But what Chief Constable Jones didn’t share with Nigel Ward, or the rest of the Scarborough audience that day, is that he runs a police force that recklessly, relentlessly and calculatingly breaks the law almost every single day. I have spent over a year peering into some of the dark corners of North Yorkshire Police and the issues upon which I can now shine light make for bleak reading:

Freedom of Information Act (FOIA):

Chief Constable Jones is registered with the Information Commissioner’s Office as the data controller for North Yorkshire Police. One of the key requirements in that role is to lawfully dispose of information requests within 20 working days. They catastrophically fail to do so, as the image below graphically depicts.

Screen Shot 2016-05-20 at 14.48.54

The situation was unacceptable when Jones arrived at NYP, early in the 2013/14 financial year, but it has plainly got WORSE under his leadership. The Information Commissioner’s office has, allegedly, been ‘monitoring’ the situation for the past five years as a York Evening Press article from 2011 discloses (read in full here).

On NYP’s own website they claim that their philosophy is one of an ‘open and transparent’ approach to disposal of FOIA requests. They further claim that they follow the processes and guidelines set out in the Association of Chief Police Officers (ACPO) FOIA manual. A weblink to the manual is helpfully provided by NYP. Except, I have had to write to NYP’s civil disclosure unit and point out that their link is defective. They have been provided with the correct one (click here). However, my email has not drawn a response at the time of publication and the link has not been repaired.

More crucially, I have read the ACPO guidance and I can find very little corrrelation between how North Yorkshire Police deal with information requests (I have made 19 in the last two years) and what the manual directs them to do. So, not only is the law routinely broken, Jones sticks up two fingers to his fellow chief constables.

The dishonesty doesn’t stop there, either. NYP publish a disclosure log on their website but its usefulness is, actually, very limited because it is apparent that some of the FOIA outcomes that damage the police force’s reputation do not make it onto that log. A classic example being the one revealing the numbers of out of time requests over the past three years. So much then for the ‘open and transparent’ philosophy.

Data Protection Act

As with information requests, so it is with data subject access requests. The Act provides for all personal information to be disclosed from the force’s files.

Screen Shot 2016-05-29 at 09.10.32

In the case of my own two subject access requests (SAR’s), NYP have broken the law by failing to dispose of one of them appropriately within the stipulated 40 day period. Even after being given the generous option of a simplified form of response (a schedule of documents held, rather than full disclosure of all of them) what was provided was a deeply unsatisfactory shambles that looks as though it has been put together over a disclosure officer’s lunch break. The schedule arrived on the fortieth day, precluding any possibility of the contemplated inspection of the documents within the statutory period.

The other SAR, concerning my data held by Mrs Mulligan’s PCC office, has still not even been acknowledged, let alone determined. It fell due on 31st May, 2015. NYP are responsible, under a joint corporate services arrangement, for dealing with SAR’s and FOIA requests on behalf of the PCC’s office.

Following this latest breach of the law, a further FOIA request has been submitted to NYP requesting details of how many SAR’s the force have dealt with over the past three years, and how many were properly determined to the requester’s satisfaction within the statutory 40 day period. Full details here.

Many may say, and justifiably so, that catching murderers and organised criminals – and keeping the streets clear of drugs, guns and knives is much more important to the public, and its police force, than keeping journalists happy with a stream of information requests. But the principle of operating within the law is exactly the same: Cutting corners with sloppy detective work, outside the recognised investigative framework, will lead to some perpetrators either not being caught (the mistakes by NYP at the outset of the Claudia Lawrence case is a classic and most tragic example), or being acquitted at court if they are arrested and charged.

Police Reform Act (PRA)

Enshrined in the Act at Section 22 is the Independent Police Complaint Commission’s Statututory Guidance. Which is, effectively, a comprehensive manual setting out how complaints against police officers should be handled by the forces by whom they are employed. The person ultimately responsible for ensuring NYP compliance with the law, guidance and police regulations is Chief Constable Jones. In the terms of the Act and Guidance he is known as the ‘Appropriate Authority’. He is, quite rightly, allowed to delegate some of his powers as it would be impossible for a police chief to be embroiled in the day to day minutiae of hundreds of complaints against his officers at any one time.

But here’s the rub: Jones has selected as his delegate an officer who has shown clearly that he is not at all familiar with Statutory Guidance and, even if he was, would not feel at all bound by it. Former Leeds Drug Squad ‘hard man’ DI Steve Fincham‘s view, on all the evidence I have seen, is that the Police Reform Act and Statutory Guidance might apply to other forces when dealing with the public, but not to NYP. Why should it? It’s just another law, amongst many, to flout as and when it suits.

Jones has been subject to thirteen complaints since he took up the post in 2013. Only two were recorded and investigated. The outcomes, in both cases, were that the complaints were not substantiated. NYP did not fully comply with a FOIA request in terms of disclosing the nature of the complaints (read here). Two of the complaints have been made against Jones since the publication of the FOIA outcome. They are both, presently, subject to non-recording appeals to the IPCC.

Civil Procedure Rules

Civil Court Procedure Rules (CPR) are taken very seriously by the courts and, generally, most of the lawyers practising there. So they should. High Court judges, with greater powers than a chief constable, take a very dim view of breaches of the precisely laid out legal framework – and sanction accordingly. But Jones’ North Yorkshire Police appear unconcerned by such issues and appear to regard CPR as merely a rough guide to civil litigation that applies to everyone else but not to them. Why should it? They are above the law.

Accounts and Audit (England) Regulations

The procedure for public inspection of accounts for a larger relevant body, mentioned in Regulation 22, is that it must make the documents mentioned in that regulation available for public inspection for 20 working days. North Yorkshire Police are such a body, but do not feel bound by the Regulations.

Not just unbound, but prepared to go to extraordinary lengths to avoid compliance. In August, 2015 it was agreed, in writing, with NYP’s Chief Financial Officer, Jane Palmer, that certain invoices would be disclosed to me via pdf files carried by email, rather than visit NYP HQ in person (a 140 mile, 3 hour round trip) and pay for them to be photocopied. Almost a year later – and amidst much correspondence and two formal complaints I am still waiting. Those invoices that are being unlawfully withheld unsurprisingly concern Operations Rome and Hyson.

Police Act (Code of Ethics)

In 2014, and pursuant to S39A (5) of the Police Act 1996 (amended by S124 of the Anti Social Behaviour, Crime and Policing Act, 2014), the College of Policing introduced a Code of Ethics.

Screen Shot 2016-05-28 at 20.11.18

The public relations narrative from NYP is they they are taking every reasonable step to embed the Code Of Ethics into all operations within the force. Indeed, every email received from NYP includes the message “Committed to the Code of Ethics“.

But, setting apart the lengthy, routine and serious breaches of statute, guidance and regulations, NYP have, on the face of the extensive evidence I have collected, no interest whatsoever in complying with either the Ethics Code, or Nolan Priciples, or Standards of Professional Behaviour. This is a police force that has had all its own way, without any form of worthwhile scrutiny or oversight, since time immemorial.

Here are just some examples that involve four very senior officers, and their complete disregard for any standards that one might associate with those in public life, let alone a Policing Code of Ethics.

(i) Many more emails than not remain unacknowledged, let alone answered. The two worst offenders in my own experience are Head of NYP’s Professional Standards Department, Superintendent Maria Taylor and Press/Communications Officer, Greig Tindall. Which, by any measure, is extraordinary: The department head charged with upholding high ethical standards of all other officers in the force  – and a Communications Officer who doesn’t communicate very well, if at all – both routinely place themselves outside the Code of Ethics.

(ii) There is a strong likelihood that if a response is eventually received from a senior officer, after being prompted, then it may be sent simply with the intention to obfuscate or deceive. That is the documented experience of my direct contact with the aforementioned Jane Palmer and Force Solicitor, Jane Wintermeyer. That may well be how they view their respective roles or, indeed, how they are instructed to respond by their masters, but it doesn’t sit well within an ethical or professional framework.

The two Janes are both, presently, the subject of ongoing misconduct complaints. Apologies have been received from both of them, but that is not the remedy now sought. The issues at stake require much stronger action from the force. But instead of dealing with the core issues and moving on, the drive to cover up misdemeanours of senior officers in North Yorkshire Police is all-pervading and very much extends to Mrs Mulligan’s own PCC office.

David Jones has recently been seconded to the equally shambolic South Yorkshire Police: Ostensibly, to temporarily replace his former Greater Manchester Police colleague, David Crompton, as a pair of ‘clean hands’.

image

Now, the Police and Crime Commissioner for South Yorkshire, Dr Alan Billings, must decide whether he has simply replaced one David, albeit on an interim basis, with another David who is a copper out of the same flawed mould.

_________________________________________________________________

Page last updated Tuesday 7th June, 2016 at 2135hrs

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

Photo credits: NYP, NYPCC, SYPCC, Liverpool Echo

 

 

Letter to North Yorks Enquirer

Sir

The Hillsborough inquests verdict is the biggest story around at present with the conduct of South Yorkshire Police exposed as appalling beyond comprehension.

It has ended the career of my long term adversary, David Crompton, and he deserves every ounce of opprobrium and contempt that will come his way. I hope some of my own articles – such as this one https://neilwilby.com/2016/03/01/david-crompton-the-south-yorkshire-police-years/ – helped him on his way.

I spent a fair amount of time in that airless, featureless converted office block in Warrington that was prepared as a temporary coroner’s court to hear the new inquests. To listen to the same old lies peddled relentlessly by police officers sickened the bereaved families, the survivors of the Disaster, their legal teams and the journalists reporting from court. We will never know in detail what the jury thought of this repulsive conduct, but the verdicts they delivered spoke volumes.

Screen Shot 2016-04-28 at 10.21.12

There is a link here to the good people of North Yorkshire because their Chief Constable, Dave Jones, is facing mounting criticism about how he runs his own police force. A contemporary of David Crompton at Greater Manchester Police where they were both chief superintendents, at the same time in the early years of this century, gives a clue as to what might follow for CC Jones.

North Yorkshire Police has been under scrutiny by me for over a year now and what I have found has shocked me profoundly: Since the launch of the uPSD website (www.upsd.co.uk) I had laboured under the belief that their big city neighbours, West Yorkshire Police had more integrity issues than the other two Yorkshire forces put together. Now that view is subject to revision.

A propensity by a police force such as North Yorkshire to break the law, calculatingly and relentlessly, in areas that are easily visible to the enquiring mind of investigative journalist does not bode well for those matters that require a little more digging out. NYP simply do not regard themselves as bound in any way by the Freedom of Information Act; the Data Protection Act; the Police Reform Act; IPCC Statutory Guidance; Code of Ethics or Police (Conduct) Regulations. The police flout them with impunity and – seemingly – with the tacit approval of those at the top of the management pyramid.

There is also this worrying culture of poor communication. Ask a difficult question and you are almost guaranteed not to get an answer. Or, if you do eventually get an answer there is a fair chance it will be untrue. This does not sit easily with the Chief Constable’s script on his force being ‘open and transparent’.

Equally worrying is the attitude of NYP towards its critics, which is a hair trigger response that involves denigrating and smearing – and in extreme cases spending huge sums of public money trying to silence journalists via the courts.

The North Yorkshire Police habit of senior officers helping themselves to public funds has also resurfaced under the regime of CC Jones. He and two other senior officers – DCC Tim Madgwick and C/Supt Lisa Winward – are the beneficiaries of approaching £100,000 of free legal fees to fund a private civil court claim. This is a scandal that goes beyond the financial transgressions of the infamous former NYP chief officers, Grahame Maxwell and Adam Briggs.

It was Lord Maginnis of Drumglass who uttered these words in Parliament in 2011 about North Yorkshire Police: ‘That particularly dubious constabulary that merits careful investigation

I have taken the Noble Lord’s words to heart.

Yours etc

 

Neil Wilby

The Code of Ethics Confidence Trick

CoP_Branded_Image_-_Michelle_Jahangiri

The College of Policing‘s Code of Ethics has often been described via my Twitter feed (@Neil_Wilby) as an Emperor’s New Clothes fairy tale, straight from the Hans Christian Andersen portfolio.

It is a joke, a confidence trick, a scam or any other similar name you would like to call it.

The only function for the ethics code, that I can realistically identify, is as a counter-offensive to the constant battering given to the reputation of policing in the relatively new internet age of social media and weblogs. Major corruption scandals have followed one after another over the past four years and, whatever the surveys might show, confidence and trust in the police has never been lower. Most people expect things to go wrong after contact with the police, in one form or another.

Whatever bright face they may wish to put on the posters, this reputational damage has rocked the police service to its core. It has also led to the total discrediting of the police complaints system – and action to rescue a sinking ship was urgently needed. This is where the Code of Ethics plugs the leak, according to the College of Policing. But it is nothing more than a convenient re-painting of the same old hulking wreck.

Chief Constables and their Heads of Communications can no longer rely on cosy, or in some cases coercive, relationships with local and regional editors to ensure the media stay ‘on message’. The police misconduct cat is now, more often than not, well and truly out of the bag, and up on the internet, long before it hits the columns of the local newspaper and their cumbersome, advertisement-riddled websites.

I base my views in this article on extensive scrutiny of the four police forces within my immediate locality. They are Greater Manchester, South Yorkshire, West Yorkshire and North Yorkshire. As a justice campaigner, investigative journalist and complaint advocate I have almost daily contact with all four.

Whilst not, on weight of evidence, the worst offenders, this article focuses on the Code of Ethics failings of the smallest, and only county force, in that grouping: North Yorkshire Police (NYP).

A key part of the Ethics problem at NYP rests fairly and squarely with the Chief Constable, Dave Jones. He is old school, with a large city force background and, like many of his era and chief officer rank, deeply resents any form of scrutiny and, essentially, regards himself above any law, regulation or code. His force’s hapless, hopeless Professional Standards and Civil Disclosure departments serve only to amplify that point.

Chief Constable Jones also happens to run a police force that has a history of failure hanging over it like a black cloud, at almost every level. Operation Essence is the most recent, visible and high level example of that, where the murderer(s) of Claudia Lawrence still remain undetected after seven years. Alienating the locals who knew Claudia best – not to mention her family – was always going to present difficulties for NYP, and so it has proved. The police are derided and mistrusted in the Heworth area of York. The chances of obtaining crucial information from that vital source is, correspondingly, diminished.

Under that same dark sky are the Jimmy Savile and Peter Jaconelli scandals that were only brought into the light by the assiduous, and relentless, work of two citizen journalists. Before the exposure by Nigel Ward and Tim Hicks – together with a BBC Inside Out programme that exclusively featured their investigation – NYP’s position was that neither of these prolific child sex abusers were known to them and two whitewash probes had been produced by the force to, specifically, underscore that position. It was a shameful passage in the history of North Yorkshire Police.

Down at the basement level things are no better in this badly run, shambolic police force. The 101 contact centre service operated by NYP is, on any independent view, deplorable. Tens of thousands of calls to the force are abandoned each year. Yet it has taken several years of relentless criticism for the force to actually begin to rectify the problem.

Again, like others of his ilk, Jones relies heavily on his press and public relations team to cover those failings. I can think of no other force, even outside of the four with whom I am most closely involved, that indulges itself with as much gratuitous self-congratulation. Anyone with two hours to spare once a month to watch the podcast of the so-called NYP Scrutiny Board will see the living proof of that (click here).

Much of my recent involvement with NYP has concerned two of their investigations which are codenamed Operation Rome and Operation Hyson. Rome was another of the force’s costly, spectacular and well-publicised failures and, it seems, Hyson may yet go the same way.

During my own probe into the workings of Rome and Hyson it has already been necessary to make three Code of Ethics complaints. The first, in December 2015, was against the Force Solicitor, Jane Wintermeyer, following interaction connected to a contemplated judicial review application. The full complaint can be viewed here and it alleges amongst other failings that she was discourteous, disrespectful and derelict in her duties. The complaint also sets out the harassing aspect of her conduct throughout our dealings.

JC_02

The filing of the Wintermeyer complaint was followed by another NYP farce. It was not recorded by Professional Standards and an appeal was made to the Independent Police Complaints Commission (IPCC). They upheld the non-recording appeal, but by that time NYP were claiming that the complaint had been recorded, after all. The evidence very much suggests otherwise. A trivial point but one that illustrates the troubling lack of candour that taints almost every communication with NYP.

The Wintermeyer complaint is presently the subject of a second appeal to the IPCC (read in full here). Amongst other serious matters, it leaves the police with a stark choice: They either admit to breach of my Article 8 convention rights by interfering with emails and letters sent via Royal Mail, or have their own Force Solicitor marked as dishonest about her claim that she didn’t receive them. It is, also, almost certain that the way the complaint was dealt with by Joanna Carter, the Chief Executive of the Police Commissioner’s office, will lead to a breach of ethics complaint being filed against her once the investigation into her colleague is complete.

A second complaint was filed on 9th March, 2016 against another very senior NYP officer, Jane Palmer. She is the Chief Financial Officer and Chief Accountant for the police force. A full copy of the complaint can be read here. The allegations are similar to those made against Ms Wintermeyer and a clear pattern begins to emerge as to how NYP view their responsibilities under the Code of Ethics. The particulars of the complaint also set out the rationale for a concerted attempt to subvert process by the two most senior civilian officers in the force, encouraged by none other than the Chief Constable. The latter has a clear personal interest in the concealing of information by Ms Palmer as he is the recipient of taxpayer funded legal fees of around £30,000 and rising from Operation Hyson.

The complaint against Ms Palmer was acknowledged on the same day by the IPCC and forwarded to the Professional Standards Department of NYP. A ludicrous determination of the complaint by T/DCI Steve Fincham, via an entirely inappropriate local resolution process, is now the subject of a further appeal to the IPCC.

JP_02

A third Code of Ethics complaint has now been lodged against the Chief Constable himself. It also enjoins the Deputy Chief Constable, Tim Madgwick and Chief Superintendent, Lisa Winward. The allegations include breaches of honesty and integrity, and discreditable conduct and the full text of the complaint can be read here.

This complaint against Jones was submitted to the PCC for North Yorkshire, Julia Mulligan, who is the Appropriate Authority for complaints of this nature on Tuesday 12th April, 2016. Those against Madgwick and Winward fall to be determined by the force’s Professional Standards Department.

This is a policing story with some way to run, yet. In the meantime, if you spot a police officer in North Yorkshire ask him (or her) if he (or she) (i) has ever heard of the Code of Ethics (ii) he/she understands what it required of him (or her) under the Code (iii) the disciplinary consequences of being found in breach of the Code?

_________________________________________________________________

Page last updated Thursday 14th April, 2016 at 2040hrs

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

Photo credits: College of Policing and Office of Police and Crime Commissioner for North Yorkshire