PFEW seeking legal action against ‘unfair’ new vetting rules

The Police Federation of England and Wales (PFEW) is exploring legal action to stop new vetting rules, which it says will “unfairly destroy the careers” of good police officers.

Dec 30, 2024
By Paul Jacques

The Federation said it supports a tightening of the current vetting regime, following the cases of Wayne Couzens and David Carrick, but wants the system backed by government regulation and an independent process.

“Instead, the College of Policing has decided to issue its own guidance,” said the PFEW. “This is opposed by both the PFEW and the Police Superintendents Association (PSA), which together represent the bulk of frontline officers across the country.”

It is the PFEW’s view that the rules being introduced by the College of Policing are “badly drawn up, lack an independent appeals process, and could lead to officers having their vetting withdrawn on receiving adverse information without officers knowing what that information is”.

The PFEW aid its legal advisers are investigating whether the proposed new Vetting Authorised Professional Practice (APP) could even be in breach of the Article 6 Convention on Human Rights.

“As the staff association representing more than 145,000 rank and file officers in England and Wales, the Police Federation is dismayed at the College of Policing’s reluctance to respond to our detailed submission highlighting serious concerns about the new Vetting APP,” said the PFEW.

“The PFEW and PSA have sought to engage with the College of Policing positively and constructively on this issue and have submitted that the revisions to the APP are unfair and against officers as they lack balance and proportionality.

“Changes to the Vetting APP are also ill-timed as they don’t take into account the new regulations, which will be introduced next year.

“While the PFEW fully agrees that stringent vetting of police officers must be done to identify and remove individuals unfit to be in the service, it recognises that the Government has, through the college’s new Vetting APP, allowed to draw prejudicial distinction between police officers and other public sector workers who are not subjected to vetting processes at par.”

Home Secretary Yvette Cooper recently announced a package of reforms around police accountability, which would see, for the first time, vetting standards being placed on a statutory footing. This follows the long-awaited accountability review and draws on findings of the reviews undertaken by Dame Louise Casey and Lady Elish Angiolini.

The Home Office has begun consultation process on the new vetting regime, which will be put into law as part of the Government’s proposed Crime and Policing Bill.

The PFEW has warned that the guidance set out by the College of Policing will “impact on the retention and recruitment of officers”, at a time when the Government has promised to recruit 13,000 additional neighbourhood police officers – police community support officers and special constables.

Tiff Lynch, PFEW acting national chair, said: “We support the introduction of stronger vetting processes, founded in regulation, so the highest standards are always upheld and maintained.

“However, the new guidance from the college has been rushed out, with minimal consultation, and risks a number of unintended consequences. Decent officers could see their livelihoods disappear on the basis of false information and vexatious allegations.

“It can’t be acceptable that life-changing decisions can be made on the subjective opinion vetting managers in each force who are able to overrule the findings of a misconduct panel and effectively dismiss an officer.

“The appeals process panel is also flawed in the sense that the chair alone makes the decision.

“This APP is not fit for purpose, and we will continue to push for a fair and workable system.”

However, the College of Policing says the guidance, published in collaboration with the National Police Chiefs’ Council (NPCC), aims to bring greater national consistency to police vetting to ensure the highest standards are maintained.

Parts of the strengthened guidance were developed to address some of the recommendations following the Casey Review, Angiolini Inquiry, and His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services report, which found changes were needed in police vetting to better protect the public.

Many of the recommendations relate to existing guidance which was not being followed consistently, and therefore the revised APP makes these areas clearer, easier to follow, and more effective, says the College of Policing.

It strengthens the process of annual integrity and vetting reviews and reinforces the need for immediate review whenever adverse information is discovered about an individual, regardless of their length of service.

Assistant Chief Constable Tom Harding, Director of Public Safety and Risk at the College of Policing, says the new guidance makes clear that it is “the responsibility of everyone in policing to support the vetting process”.

“It is vital that every single person in policing maintains the highest ethical and professional standards and acts with the utmost integrity – and vetting is a fundamental part of making that happen,” he said.

“Chances to stop despicable offences at the hands of serving police officers have been missed, and we cannot afford to ever make those mistakes again.

“The College of Policing’s new vetting guidance will help raise standards and bring far greater consistency in the way police forces vet potential and serving personnel.”

Chief Constable Alex Franklin-Smith, NPCC lead for vetting, said: “Vetting should never just be a moment in time and the revisions importantly strengthen the need for continued assessment of an individual’s suitability to hold their role in policing, empowering colleagues and management to raise concerns which could trigger re-vetting at any stage.

“The APP is another vital piece in our continued work to create a robust and fit for the future vetting system, which ensures our officers and staff are held to the highest standards and that we can swiftly identify and remove those who do not belong in policing.”

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