Former detective whose ‘incompetence’ put investigations at risk found guilty of gross misconduct

The panel heard that Phillip Payton’s “incompetence” put investigations “at risk” and might have resulted in “serious crimes going unpunished”.

It concluded that the former Humberside Police officer would have been dismissed without notice had he not already resigned earlier this month.

The misconduct hearing followed an investigation by the Independent Office for Police Conduct (IOPC) into Mr Payton’s handling of six investigations he led between 2015 and 2017, all involving vulnerable complainants and victims.

It found that Mr Payton provided dishonest updates to families and colleagues, missed significant evidential opportunities and recorded crime logs incorrectly while investigating sexual assault and rape allegations.

“His mistakes meant investigations stalled and in several cases it was only after a different detective was appointed to take charge that perpetrators were prosecuted,” said the IOPC.

On one investigation, Mr Payton arranged for officers to search the home of a suspected rapist where a number of electronic items are taken away as evidence. Despite being made aware that at least one of the devices appeared to contain traces of indecent images of children, he authorised for much of the property to be returned. He then failed to disclose this fact to supervisors.

While in charge of another investigation into money stolen by a woman from her vulnerable parents, Mr Payton failed to process and manage case material adequately or progress relevant lines of inquiry. He also failed to submit files to the Crown Prosecution Service (CPS) to review.

The IOPC said Mr Payton also failed to process and manage case material or submit files to the CPS in a sexual abuse investigation. On that occasion he also failed to update the victim about the investigation. In both cases, it was only after other detectives were appointed to lead the investigations, after Humberside Police became aware of concerns about his competence, that the offenders were charged and prosecuted.

During interviews with investigators, Mr Payton provided no comment when asked about his actions. In a prepared statement, he stated how he “felt unsupported and overworked”, but evidence showed he was applying for additional responsibilities at the time and supervisors had met with him to try and help manage any workload problems.

Humberside Police referred five of the investigations to the IOPC in May 2017 after a sergeant identified concerns, citing a lack of action and ineffective investigation. A sixth referral was made by the force in September 2017 following a complaint from a member of the public.

“Our investigation concluded in May 2020 and we shared our findings with the force and the complainants,” said the IOPC. “We also referred the case to the CPS to consider charges relating to the distribution of indecent images of a child. After considering the case, the CPS decided not to authorise any charges.”

At the two-day hearing, the former detective constable was found to have breached the police standards of professional behaviour relating to duties and responsibilities; authority, respect and courtesy; and honesty and integrity on 13 occasions.

The independent panel, led by a legally qualified chair, heard Mr Payton had “made a catalogue of errors”, including returning devices to suspects earlier than they should have been returned, being dishonest with his supervisors, failing to update complainants, failing to submit files to the CPS and failing to submit exhibits for forensic examination.

It found all allegations against Mr Payton proven and that his actions collectively amounted to gross misconduct. They concluded that had he not resigned he would have been dismissed without notice.

Superintendent Matt Baldwin said: “This was a concerning case where an officer repeatedly breached the standards of behaviour that we expect here at Humberside Police, putting investigations at risk.

“He is no longer serving the public as a police officer and I hope this offers reassurance to our communities that investigating crime and putting offenders before the courts is something that we take very seriously.

“I am pleased to share that all of the investigations that Payton failed to appropriately investigate were reallocated to other officers and subsequently convictions were secured in the majority of them.”

He added: “The case was also reviewed internally and learning was implemented to prevent any further instances of this nature.

“As part of our commitment to victims, supervisors across the force work very closely with their teams to ensure that investigations are of the highest standard and any concerns are flagged and addressed.”

IOPC Regional Director Miranda Biddle said: “Det Con Payton’s handling of these investigations fell so far below the standards of what members of the public are entitled to expect and his failures have had a devastating impact on the families involved. Had it not been for the actions of his colleagues in identifying and rectifying this litany of mistakes, his incompetence might have resulted in serious crimes going unpunished.

“He has at no point taken responsibility for his extremely poor performance and this kind of response severely erodes trust and confidence in the police and anyone who behaves in such a way can have no place in policing.

“We have been assured that Humberside Police have subsequently undertaken an internal review and implemented additional supervision approaches to ensure that concerns are flagged and addressed to prevent such failures reoccurring.”

She added: “My thoughts go out to all those who have been affected during the course of these investigations and I thank the newly assigned detectives on some of the investigations who have demonstrated a commitment to securing justice for families.”

Mr Payton will now be added onto the National College of Policing’s barred list, which prohibits him from working within policing.