Independent review into policing of hunting-related activities in Warwickshire published

An independent review into Warwickshire Police’s handling of anti-social behaviour issues related to the Warwickshire Hunt has been published.

Jan 8, 2025
By Paul Jacques
Warwickshire PCC Philip Seccombe

The review, led by David Peet, provides an in-depth analysis of decisions made by Warwickshire Police, including the issuing of a Community Protection Notice (CPN), subsequent legal challenges, and the communication and engagement strategy with the public and stakeholders.

It was commissioned by Warwickshire police and crime commissioner (PCC) Philip Seccombe in response to public and stakeholder concerns regarding the police’s handling of road safety concerns surrounding the activities of the Warwickshire Hunt and the force’s issuing of a CPN.

Warwickshire Police was the first force in the country to take such action.

Mr Peet, author of the independent review and an experienced chief executive and organisational leader with more than 16 years of police governance experience, said: “The issue of hunting is highly divisive and elicits strong opinions on both sides.

“The review has not been commissioned to look at the current legislation on hunting, nor does it deal with arguments either for or against hunting. It aims to look specifically at Warwickshire Police’s use of a CPN to tackle reported incidents of anti-social behaviour by the Warwickshire Hunt, how matters were handled when the CPN was challenged and the decision-making that lay behind this.

“I have been able to identify both good practice and areas for improvement. While there were clearly shortcomings, particularly around oversight and communication, it is evident that the force has taken steps to learn from these experiences and has implemented measures to address the issues identified.

“Importantly, there is no evidence to suggest undue influence from the PCC [a member of the Countryside Alliance] in operational matters, and I am satisfied that operational independence was maintained throughout.

“The use of a CPN was clearly focused on addressing anti-social behaviour relating to the use of public roads and not for allegations of illegal fox hunting.

“Nevertheless, the subsequent work by the force to provide greater clarity on how it polices the wider issue of trail hunting is welcome and, while it is early days, this feels like a step-change in the way in which these issues are handled.”

The review highlights several areas where Warwickshire Police performed well, alongside areas where improvements are needed.

Key findings include:

Community Protection Notice (CPN): The CPN was issued in response to anti-social behaviour related to the use of roads during trail hunting activities, not in relation to illegal hunting under the Hunting Act 2004. The CPN aimed to address public safety concerns arising from road obstructions and other traffic-related issues.

Legal settlement and confidentiality: Following an appeal against the CPN, both parties were tasked by the courts to narrow the issues in the case and/or seek a legal settlement.  The confidentiality of the settlement agreement was subsequently upheld by the Information Commissioner’s Office under Section 32(1)(b) of the Freedom of Information Act 2000.

Public communication: The force underestimated the level of public and media interest in the issue and relied on a reactive rather than proactive communication strategy. The review recommends a more proactive and transparent approach moving forward, including providing clear information on how to report incidents relating to hunting and associated anti-social behaviour.

Operational independence: The review found no evidence to suggest that the PCC’s membership of the Countryside Alliance influenced police decision-making. Clear operational independence was maintained throughout, with all decisions made by Warwickshire Police personnel at an appropriate level.

Community engagement: A new operational strategy has been introduced to improve police responses to hunting-related concerns, enhance resource planning, and strengthen public confidence.

Mr Seccombe said: “I commissioned this independent review to ensure full transparency, robust scrutiny, and a clear understanding of how Warwickshire Police approached what was a complex and divisive issue. I am pleased that the review has confirmed my office’s operational independence and found no evidence of inappropriate influence.

“It is also important to clarify that the CPN was never about addressing illegal fox hunting, but instead focused on anti-social behaviour linked to road use during hunting activities. Public safety was always at the heart of the decisions taken by the force.

“The review provides clarity around the legal settlement agreement. The decision to pursue this approach was made under clear instruction from the court to explore settlement options, and Warwickshire Police acted on legal advice in maintaining its confidentiality. This position has been upheld by the Information Commissioner’s Office.

“Nevertheless, more could have been done to explain that position to the public at the time, which the force acknowledges. It has since published clear public guidance on its expectations of all parties involved with trail hunting.

“While improvements have been already been made, the review has helpfully outlined additional steps which both the force and my office can take to further enhance transparency and operational effectiveness.

“I am fully committed to ensuring the recommendations of this review are acted upon. Through my holding to account activity I will ensure that the lessons the review has uncovered are embedded across the force.”

The review sets out a series of recommendations aimed at improving oversight, public communications, internal processes, and community engagement. The PCC says he will ensure these recommendations are closely monitored through his Governance and Scrutiny Board to provide ongoing assurance to the public.

Chief Constable Alex Franklin-Smith said: “Warwickshire Police cooperated fully with the independent review commissioned by the PCC Philip Seccombe, and on behalf of the force I accept and agree with the recommendations.

“I want Warwickshire Police to be an organisation that strives for continuous improvement and one that responds positively to opportunities that help us improve the way we deliver policing services.

“We will work proactively to complete the recommendations, several of which have already been implemented.

“As the independent report states, hunting is a highly divisive topic which elicits strong opinions. Trail Hunting, and associated protest, can create anti-social behaviour and road safety concerns.

“In May 2022, in an effort to address such issues, a CPN was applied for by the force. In doing so, Warwickshire Police became the first force in the country to take such action – a practice that has now been used by a number of other police forces.

“As the first of its kind, the CPN was appealed by the Warwickshire Hunt and the court tasked both sides with seeking to settle matters outside of litigation. At the same time, the court stayed the CPN meaning it was unenforceable.

“As the independent report details, after careful consideration, and under the leadership of an assistant chief constable, it was decided that a civil agreement (also known as a civil protocol) was the most effective way to achieve the directions of the court and address the associated anti-social behaviour and road safety concerns.

“The now obsolete civil protocol has been the subject of much confusion, and some have claimed it to be a ‘secret deal’.  This is not the case, and the independent review explains why.  This is a document that is considered privileged civil court information, subject to confidentiality and covered by legal privilege, meaning it shouldn’t be shared publicly unless the affected parties agree to waive their legal privilege.

“As the report says, the force under-estimated the level of potential public interest in this matter and its approach to communications could and should have been more proactive.  This may have avoided some of the confusion that ensued.

Mr Franklin-Smith added: “I absolutely recognise the impact this matter has had on public trust and confidence in the force and policing more generally. As the independent report confirms, the protocol was entered into in good faith and with the best of intentions. It has, however, become a significant distraction to the vitally important work that our officers, staff and volunteers do to protect the communities of Warwickshire.

“As the newly appointed chief constable, and after careful consideration, I have taken the decision to release the civil protocol into the public domain. I have informed the Warwickshire Hunt of my decision and in doing so waived the legal privilege that the document attracted.

“A copy of the now obsolete civil protocol is available on the force website.

“At the point the protocol became obsolete, the force published a new Code of Behaviour for anyone involved in trail hunting, protesting around it, or simply interested in how we police these matters. This remains available on our website and includes clear guidance on how to report associated crimes.

“Moving forward, at the end of each trail hunting season (spring), we will carry out an operational review that will include engagement with affected stakeholders. This review will be published and will detail relevant facts and figures of what has and hasn’t happened.

“As the independent report details, trail hunting can be a challenging area for policing, and I have therefore asked the College of Policing and the National Police Coordination Centre to help us understand the experiences and learning from other UK police forces in this particular area.

“Warwickshire Police will operate without fear or favour, and I have previously said publicly that we will not always get things right. However, we will learn from our mistakes, and we will be relentless in our pursuit to continually improve.  In 2025, we will build and deliver a new policing plan that ensures we are serving our communities effectively. The views and voices of our people, our partners and our public will be heard, and used to inform our future.”

The report is available in full on the PCC’s website at: www.warwickshire-pcc.gov.uk

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