Independent investigation ‘key’ to tackling abuse of position by police officers and staff, says CJI Chief Inspector

“When a person entrusted with the powers of a police officer or a civilian member of staff employed by the PSNI abuses their position or authority for their own or someone else’s gain or disadvantage, it not only harms victims, it damages confidence in policing and lets us all down,” said Jacqui Durkin, Chief Inspector of Criminal Justice in Northern Ireland.

“Abuse of position can occur in many ways, from unlawfully using a police computer, accessing police records or the misuse of a police-issue mobile phone or device, to situations where someone abuses their position or authority for financial gain or a sexual purpose.  It is a form of corruption.

“We sometimes think of police corruption as horrific, high-profile crimes that happen elsewhere, but as recent court convictions have proven, it happens here in our community.

“In July 2024, the OPONI had 19 active investigations into cases of abuse of position for sexual purposes – the highest number of such cases to date.

“When abuse of position occurs, no matter what shape it takes, complaints and referrals require a robust response, including independent, effective investigation and timely appropriate outcomes, to maintain public trust and confidence in the PSNI and to act as a deterrent to others.

“I am pleased this inspection report provides assurance to the PSNI and all stakeholders around the OPONI’s work in this area, however, Inspectors identified opportunities for improvement and I have made five strategic and six operational recommendations which, if implemented, will further strengthen the response of the OPONI, the PSNI and the Public Prosecution Service for Northern Ireland (PPS) to these allegations,” said Ms Durkin.

Inspectors found the OPONI did not have a definition of abuse of position in place. This meant victims’ complaints and concerns which were referred for investigation, were not specifically identified as abuse of position cases. Allegations were referred to the OPONI by the PSNI and the PPS under a range of different offence headings making monitoring difficult.

As a result, opportunities for the OPONI to learn from their response and handling of these cases, identify areas where improvements in policing were needed and to increase public awareness of abuse of position allegations and offences and their subsequent investigation, were being missed.

“Inspectors recommend that in the next six months a definition of abuse of position should be developed by the OPONI together with an abuse of position strategy which includes monitoring outcomes and a timeframe for delivery,” said Ms Durkin.

“This will assist the OPONI to clearly identify all types of abuse of position complaints and any emerging patterns or behaviours, regardless of where the complaint or report comes from, as well as monitoring case progression, outcomes, and the PSNI’s action in response to the recommendations made following an investigation by the Police Ombudsman.”

Inspection fieldwork found vacancies at investigating officer level in the OPONI were also contributing to delays in case progression.

Between April 2019 and March 2024, it took on average 510 calendar days for the OPONI to investigate malpractice complaint cases including abuse of position for a sexual purpose and submit a case to the PPS with a recommendation to prosecute, or 397 days for a ‘no prosecution’ recommendation to be made.

While inspectors acknowledged ongoing efforts to fill OPONI investigating officer vacancies, they recommended the development of a workforce strategy, action plan and associated delivery timeframe to determine current staffing requirements and effectively plan to meet future staffing needs.

Ms Durkin said that while inspectors welcomed the prioritisation of essential training for staff around investigative skills, especially for those cases involving abuse of position for sexual purposes, the development of a Learning and Development Strategy and action plan to support targeted staff training plans would be beneficial.

The inspection revealed a disparity in the data provided by the PSNI’s Professional Standards Department and the OPONI, on the number of abuse of position for a sexual purposes cases referred by the PSNI chief constable to the Police Ombudsman for investigation, as from January 2022 to July 2024, the OPONI identified seven alleged victims of abuse of position for a sexual purposes that were known to the police, but had not been referred.

“While all of these victims now formed part of the Police Ombudsman’s investigations, we have recommended the PSNI’s Professional Standards Department work with the OPONI over the next three months to establish if additional training is needed for police officers regarding abuse of position for a sexual purpose, or, if a lack of clarity around case referral or recording was contributing to this inconsistency,” said Ms Durkin.

“Inspectors also recommended the PSNI should review and amend its guidance for staff on maintaining professional boundaries between the police and members of the public, so all cases of abuse of position for a sexual purpose will be referred by them to the OPONI and recent learning in this area is captured.

“While occurrences of abuse of position can be shocking, it is important to remember the majority of police officers and staff go to work each day, often in challenging circumstances, to act with integrity, uphold their professional standards, and to serve the public well.

“However, for those who choose to abuse their position, they must know there is no place in Northern Ireland’s policing service for it, and there will be appropriate and timely consequences.

“Minimising delay in the progress of OPONI investigations which can attract significant public criticism, especially when police officers or staff are suspended on full pay or placed on adjusted duties while an investigation or criminal proceedings are concluded, is key. Work by the Department of Justice to progress a legislative amendment to enable swifter disciplinary action to be taken by the PSNI, when and if appropriate, should be expedited.”

The expansion of the Victim Charter rights and obligations to ensure its entitlements are guaranteed for all victims of crime, including those who report a crime to the Police Ombudsman’s Office, would also be beneficial, said Ms Durkin.

“It is vital the PSNI at all levels has confidence in OPONI’s investigation of abuse of position allegations and learns from them to improve policing,” added the Chief Inspector.

The Police Ombudsman’s Director of Investigations, Nikki Davis, said she was pleased that the report recognised the important role of the office in achieving positive outcomes for victims.

“Abuse of position can take many forms, such as the unlawful access of police records or the inappropriate use of police powers or resources, usually for the benefit of the officer involved, or to the benefit or detriment of others,” she said.

“However, our work is increasingly focused on addressing the corrupt and harmful behaviours of police officers who abuse their position for sexual purposes. Since 2020, six police officers have been dismissed or convicted for abusing their role for sexual purposes following investigations by the Police Ombudsman’s Office.

“Such investigations are complex, involving careful consideration of victims’ needs and how best to support them, as well as the analysis of large volumes of digital and other evidence. This often results in the identification of additional incidents involving further victims and officers.

“We welcome the Inspectorate’s recommendations, which will help us to achieve further and continual improvement in this vital area of our work. Significant progress has already been made towards their implementation, including the recent recruitment of additional Investigation Officers.

“We are also pleased that CJI have endorsed the Police Ombudsman’s call for legislative change to provide for a ‘fast-track procedure’ in cases where it is clear from an early stage that there is criminality or gross misconduct which could result in an officer being dismissed without undue delay.

“Just last month we highlighted a case in which it took four years for an officer to be dismissed for gross misconduct. Instances such as this do not serve the interests of victims, the public or the police service.”

Mrs Davis added that a significant proportion of the approximately 3,000 complaints received by the Office each year included allegations relating to some form of abuse of position by police officers.

“The CJI report brings focus to this area of work, and will assist us in refining our processes to ensure that our independent and impartial investigation of these matters remains both comprehensive and effective,” she said.

“As well as the work we are doing internally to implement the report’s recommendations, we will be engaging with criminal justice partners to ensure that each of the areas identified by CJI is addressed.

“We will remain committed throughout to sharing the insights gained from our work to help ensure ongoing improvements to policing.”