Reforms to boost confidence in police accountability system announced by Home Office

A White Paper setting out proposals to make the accountability system more robust is due to be published, with the Independent Office for Police Conduct’s (IOPC) “flawed” governance structure to be reformed under a new Director General, the Home Office said.

Following concerns raised by policing last year that officers were losing confidence to use their powers effectively, particularly when using force, the Home Office conducted a review into the frameworks in place that hold officers to account and is today setting out a range of proposals to improve the system.

The Government will amend the threshold for referring police officers for criminal prosecution, so that only cases that have a reasonable prospect of conviction should be referred – as is already the test for members of the public suspected of committing a crime.

The IOPC will also be given the ability to refer cases to the Crown Prosecution Service (CPS) earlier, once an investigation has finished rather than waiting for a final report to be drafted, allowing them to speed up the referral process and give officers and victims clarity sooner.

To ensure that no cases “slip through the net”, the IOPC’s Victim’s Right to Review policy will also be put on a statutory footing, strengthening the ability for victims of police use of force to challenge when cases have not been referred to the CPS.

Home Secretary James Cleverly said: “Our police officers act bravely in the line of duty, and they should not fear that their actions, when lawful and taken in line with their training and guidance, could damage their careers, wellbeing and family life.

“It is vital for the public and our policing that officers are held to the highest of standards and a balance must be struck between making sure officers can do their jobs safely and confidently and holding them to account.

“That is why the changes we are setting out today, and further measures in the coming months, will ensure both our officers and the public have faith in the accountability system.”

The measures, which will be brought forward as amendments to the Criminal Justice Bill, are the first part of the Government’s work to improve the police accountability system.

A White Paper in the coming months will propose further, fundamental changes for consultation, aimed at making the accountability system more efficient, including looking at pilots for time limits for IOPC investigations, alongside the tests and thresholds applied across police misconduct processes.

The review, which did not consider any live investigations, was launched last year after concerns were raised by policing that officers were not fully confident to use their powers.

A broad range of views were considered, including those of frontline officers, senior police leaders, representatives from the legal sector and ordinary citizens impacted by police use of force. Participants highlighted concerns with the length of time investigations and subsequent proceedings take, with some taking years and therefore undermining the confidence for all involved.

The review comes alongside broader work to examine the effectiveness of the IOPC in holding police to account. Part of a wide-ranging review of all public bodies commissioned by the Government, today also sees publication of its response to an independent review of the IOPC, led by Dr Gillian Fairfield.

Findings include that the governance structure of the IOPC is flawed and needs reform, and concerns that the number of referrals to the IOPC has risen more than threefold, whilst the number of independent investigations has fallen. The Government broadly accepts the recommendations made in the report and will look at next steps to ensure these issues are addressed and the public can have full confidence that the IOPC will hold police to account effectively.

Key to its governance is the Director General role, and Rachel Watson has been appointed to the position following a robust open competition, conducted in accordance with the Governance Code on Public Appointments. Ms Watson has been serving as Policing Director in the Home Office since 2019 and will be bringing her years of expertise and experience working with the sector to head up the independent watchdog.

She said: “The IOPC’s role of overseeing the police complaints system and investigating serious allegations of misconduct is an absolutely vital one and it is an honour to lead the organisation.

“An independent and respected IOPC is essential to public confidence in policing. The independent review sets out where change is needed as well as the organisation’s many strengths including its professional, committed staff. I am determined to work with them to build on what is great about the organisation and ensure that it is in the best possible position to meet the needs of the future.

“This is a good moment to reset relationships and I am committed to working closely with IOPC colleagues, police forces and local communities to rebuild trust.”

Metropolitan Police Service Commissioner Sir Mark Rowley said: “Independent scrutiny of police actions is vital. It needs to deal effectively with officers unfit to serve and also support officers doing their best to protect communities from the dangerous and prolific.

“The public expect police officers to act decisively to keep them safe, but an accountability system that is slow, unfair and ineffective has damaged their confidence to do so. It empowers criminals and leaves communities less protected.

“The Home Secretary’s recognition that many officers have lost trust in the system and lack confidence to take the actions necessary to protect the public should be welcomed. In turn, it should concern communities and officers alike.

“The measures announced today are a step in the right direction towards putting that right, but they deliver only very limited tangible progress for officers in the short term. The commitment to consult on substantial further change is positive, but officers across the country will now be looking to Government to ensure that it happens swiftly and is followed by implementation. It is only then that they will begin to have the reassurance they need.

“We know that the public’s confidence in policing has been shaken in recent years. We are relentlessly pursuing and removing those hundreds who corrupt our integrity but meanwhile, we need the tens of thousands of honest and hardworking officers to be able to deal confidently and without hesitation with dangerous and determined criminals. They shouldn’t fear that acting with the best intent could leave their lives upturned for years.

“This fear increases risks to communities. Over nearly two years, the use of stop and search has more than halved, from almost 20,000 stops in January 2022 to just over 9,000 in December 2023. Almost two-thirds of frontline leaders in the Met say officers working to them are reluctant to use their powers due to potential repercussions.”

Sir Mark added: “The Independent Review of the IOPC, also published today, gives a clear indication why officers are so worried and why their concerns are justified. It found that investigations take too long, that there is insufficient transparency and that too many investigators lack the basic skills or understanding of policing they need to reach the right decisions and they have failed to learn or improve by responding to previous reports.

“While we very much look forward to working with the new IOPC Director General as she drives forward improvements, we can’t underestimate the damage that has already been done to officer confidence.

“Policing is united on the need for urgent accountability reform and we will continue to make the case, across Parliament, to ensure that these positive first steps are turned into delivery that makes a difference not just for officers, but for the public more widely.”

Association of Police and Crime Commissioners chair, Donna Jones said: “I welcome the amendments to the Criminal Justice Bill announced today by the Home Secretary that are intended to streamline and speed up decisions by the IOPC on referrals to the Crown Prosecution. It is right, too, that a victim’s right to challenge an IOPC decision not to refer a case to the CPS is being strengthened by putting it on a statutory footing.

“It is vital that the right balance is struck so that officers feel confident to carry out their duties, often in difficult and dangerous circumstances, and that the public – especially black communities where trust in the police is lower – can be sure that officers are held properly accountable for their actions.

“It is, of course, essential that the IOPC, the body tasked with overseeing the police complaints system, operates effectively and in a timely manner, and commands trust amongst the public and those who are being investigated.

“PCCs are concerned that the whole accountability process currently takes far too long, and, in recent years, we have seen the highly complex issues raised by these cases interrogated during drawn out public inquiries or argued all the way to the Supreme Court. It is not right that those at the centre of incidents where there are questions about the discharge of a police firearm – members of the public and police officers – are left in limbo, and I look forward to changes to the IOPC that will address this. However, structural and procedural change must be appropriately funded.

“I am pleased to see the focus on making the police accountability system more efficient. I would encourage the government to publish the promised White Paper and the subsequent public consultation on the legal test and threshold for instigating police misconduct proceedings swiftly, so that the fundamental change that is needed can be implemented speedily, offering certainty to all involved.”

College of Policing CEO Chief Constable Andy Marsh said: “The dedicated and hardworking people working in policing face decisions and risks most people will never have to experience. We rely on these colleagues to keep us safe, and so it is important they feel supported in their roles.

“I am grateful to the Home Secretary for publishing this review, which provides further clarity on how policing is rightly held to account within a system which also recognises the significant additional risks officers face.

“We will continue to work with others in criminal justice to ensure the system delivers a high level of accountability for officers, while avoiding unnecessary burdens due to a lack of legal clarity.”