Second investigation into ‘lying’ chief constable flounders

Retired murder detective, Peter Jackson, the country’s best known police whistle blower, has written to the Mayor of Greater Manchester’s office to point out that his complaints against the region’s chief constable, Ian Hopkins, are, once again, not being investigated properly.

Under the applicable statutory framework, the Mayor is, ultimately, the Appropriate Authority who deals with such complaints. After a calamitous first investigation, in which his Deputy, ‘Bev’ Hughes attempted to dispose of the complaints by a hopelessly misconceived local resolution process, and misled the complainant by claiming she was conducting an ‘investigation’, Durham Constabulary was asked to assess and manage the probe into the misconduct allegations (read more here).

The ‘investigation’ by Mrs Hughes subsequently turned out to be no more than a phone call to Mr Hopkins. Not one scrap of paper was produced by her after the Independent Office for Police Conduct (more widely recognised under its previous guise of the IPCC) directed the hapless Deputy Mayor to disclose all documents relating to the process. Mr Jackson’s complaint against her ‘local resolution’ findings was, unsurprsingly, upheld by the police ‘watchdog’.

Bev Hughes had falsely claimed that she had conducted a three month investigation and Peter Jackson was, understandably, disconcerted when the truth emerged. She has faced no disciplinary process or sanction, arising from that disgraceful farrago.

Greater Manchester Combined Authority, which hosts the Mayor’s administrative functions first contacted Durham on 5th December, 2018. Three weeks later, after a flurry of communication between GMCA’s Deputy Director of Policing, Clare Monaghan, and a Durham civilian investigator, Darren Ellis, the small county police force took on the job of tackling serious misconduct allegations against the chief constable of the country’s fourth largest metropolitan force.

It looked a mis-match from the outset, and so it has proved. Not helped, it seems, by the unexpected announcement of the retirement of the Durham chief constable, Michael Barton. He is the Gold Commander of the Hopkins investigation, even though he appears to spend an extraordinary amount of his time ‘out of force’.

There are serious and well-grounded questions presently being asked surrounding the reasons given for that retirement, and its proximity to accepting the investigation into Chief Constable Hopkins. Mr Barton was less than half way through a contact extension agreed in 2016, which would keep him at the Durham helm until February 2021 (read more here).

Mr Jackson says he has lost confidence, both in Mr Ellis and the Durham investigation. He cites the following principal reasons:

– Witnesses that were identified in his evidential statements have contacted him to complain about the conduct of Ellis towards them.

– Those witnesses, a serving and a retired police officer, Paul Bailey and Scott Winters respectively, plus journalist Neil Wilby, have no confidence in Mr Ellis and, particulary, his ability to conduct a correctly framed, robust, proportionate investigation.

 – He is not reassured that Mr Ellis is adopting an appropriately thorough and independent investigation of his complaint. He fears another ‘whitewash’, along the lines of the previous feeble attempt to dispose of the complaints by the Deputy Mayor.

 – Ellis has been accused variously, of being sarcastic, patronising, confrontational, aggressive, insulting, deceitful, evasive, inept, unethical and unprofessional. Seeking, from the outset it seems, to break off contact with all parties on the complainant’s side.

 – Providing a straight answer to a straight question also appears to be beyond Durham’s finest.

Mrs Monaghan was provided with relevant e-mail correspondence to evidence this serious and quite astonishing catalogue of allegations. She has acknowledged the communication from Mr Jackson and is set to discuss the matter with the Mayor, Andy Burnham in the near future.

Clare Monaghan 2
Gretaer Manchester’s Deputy Director for Policing, Clare Monaghan.

Those Ellis emails, highlighted by Peter Jackson, include one to Neil Wilby, where, amongst other smearing, misdirected remarks, he references visiting the toilets at a friend’s house. Mr Ellis cites quotations he read on the walls of both the upstairs and downstairs facilities, referring to him as a fool. Ellis might well be correct in his assertion, but to use a police email address and IT systems, is unethical and unprofessional, at best. Not least, as the journalist is a deponent in the investigation of which the Durham detective is seized, at the behest of the complainant, and has extensive and detailed witness evidence relevant to what is asserted by Peter Jackson.

At the initial meeting between investigator and complainant, Mr Ellis gave the impression that he understood the seriousness of the matters in issue, and would conduct a thorough investigation. More crucially, he agreed to ‘go where the evidence takes him’, adding it into Mr Jackson’s first witness statement and asserting that such a crucial caveat would form part of the investigation’s Terms of Reference, agreed with GMCA.

As a former head of GMP’s elite Murder Investigation Team (MIT), Mr Jackson is much more aware than most, including Mr Ellis, that it is a well recognised, and sound, approach to examine evidence arising out of similar conduct in other incidents when conducting any investigation.

To Mr Jackson’s obvious dismay, Mr Ellis is said to be conducting the investigation ‘with his fingers in his ears’ whilst acting in an antagonistic manner towards highly informed and experienced witnesses. Conversely, and perversely, there appears to be excessive contact between Ellis and Mrs Monaghan. More alarmingly, Durham Constabulary appear to be willing to break the law to conceal the extent of it (read more here). 

Mr Jackson was recently contacted by a well informed local journalist, based in Manchester, who has reinforced the complainant’s view that the outcome of the present investigation is going to be another ‘whitewash’. Firmly held views, emanating from highly placed sources within both GMP and GMCA, are that the complaint is ‘trivial’ and ‘the investigation is going nowhere’. 

In an article, published on Wednesday 3rd April, 2019 in the Manchester Evening News, that has the look and feel of the under-fire Mr Hopkins calling in a favour from his friends at the local newspaper, the prospect of a ‘whitewash’ increases.  ‘Chief constable vows to clear his name’ screams the headline. The oxymoron, ‘I did not deliberately lie‘ is the theme of an article almost entirely absent of journalistic rigour. 

Mr Jackson has made it clear, in his evidence to both the Durham team and Mrs Monaghan, that the conduct of the chief constable in response to The Times article at the heart of the present complaints, was not a ‘one off’. It forms part of a much wider pattern of alleged behaviour that includes deceit, lies, ‘cover up’ and misleading of the public. 

For his part, Mr Ellis has repeatedly refused to inform the complainant of the outcome of his severity assessment. Although Ellis asserts that a Regulation 15 notice has been served on Ian Hopkins, he refuses to say whether the allegations amount to misconduct, or gross misconduct. Adding to the opaqueness, GMCA have refused requests by the BBC to confirm whether the regulation notice has been issued. GMP referred such enquiries to GMCA. The latter has been approached by Neil Wilby, via a freedom of information request, for a copy of the notice.

The terms of reference have been disclosed publicly and they appear to be a diluted version of what Mr Jackson was told to expect. There is no mention of the recording of the disreputable conduct that is alleged by Jackson, and the ‘go where the evidence takes us’ is missing. Mr Ellis has refused to explain these disparities and has cut off contact with the complainant, accusing him of leaking information to journalists.

In the light of the alleged misconduct of Darren Ellis, together with the highly conflicted position of the Deputy Mayor and GMCA, flowing from the disgraceful first attempt at the investigation of the Jackson complaints, a firm request has been made for a referral of these matters to the IPCC (now IOPC) for an independent investigation, by them, as a matter of urgency.

Page last updated on Monday 8th April. 2019 at 1725hrs

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:  Manchester Evening News

© Neil Wilby 2015-2019. Unauthorised use, or reproduction, of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from, and links to, the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

Staring into the abyss

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

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

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

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

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

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

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

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

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

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

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

Mystery of the missing peer review

Your cheque is in the post

Peering into the gloom

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The second press request was thus formulated:

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

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

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

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

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

 

The press office replied as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

Picture credit: Roy Hampson and Shirley Schofield

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

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

© Neil Wilby 2015-2018. Unauthorised use, or reproduction, of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from, and links to, the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

 

 

 

 

The dreaded vote of confidence

She has acted with the utmost integrity“.

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

Except that she didn’t.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

GMP’s press office provided these two statements:

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

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

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

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

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

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

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

 

Picture credit: Greater Manchester Police

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