GLD Vacancies

Policing in the 21st Century

The government has set out its vision for policing in the consultation document, ‘Policing in the 21st Century: Reconnecting Police and the People’, published on 26th July. Matthew Lohn and Sarah Ellson highlight the key points.

The consultation document confirms the Coalition Government’s aim of making the police more accountable through the abolition of police authorities and the introduction of directly elected individuals, who will in turn be subject to checks and balances by locally elected representatives.

A single individual will be directly elected as Police and Crime Commissioner (“Commissioner”) for each police force in England and Wales, with the exception of the Metropolitan Police and City of London Police. The consultation document provides that the British Transport Police, Civil Nuclear Constabulary and the Ministry of Defence Police will not have a Commissioner, but is silent on what will happen in respect of their existing police authorities.

Each Commissioner is to appoint a “small team” to support them, which must include the appointment of an individual with appropriate financial skills.  Government does not intend to prescribe the support arrangements in detail.

The main responsibilities on Commissioners are to:

  • appoint and, where necessary, remove of the Chief Constable;
  • hold the Chief Constable to account to make sure that policing is available and responsive to the local communities and that the force reflects the diversity of the population it serves;
  • set the force precept and police force budget;
  • hold the police force to account for the money it spends and ensure it delivers value for money;
  • have a strong duty to collaborate and have effective joint working with partners;
  • play a key role as part of his or her mission to fight crime and anti-social behaviour.


Police and Crime Panels

Police and Crime Panels (“Panels”) will be established in each force area to scrutinise the Commissioners. Panels will be drawn from locally elected councillors from constituent wards and independent and lay members. The Panels are to provide checks and balances for the Commissioners, not the force itself.  The principal role of a Panel is to:

  • advise the Commissioner on the proposed policing plans and budget;
  • trigger a referendum on the policing precept, if required;
  • hold confirmation hearings for the post of Chief Constable and for other appointments made by the Commissioner to his or her staff;
  • appoint Interim Commissioners, when required.


Misconduct

Misconduct allegations against the Commissioners are to be reported to the Panels, who in turn will have the power to refer the matter to the IPCC to investigate.

Commissioners are to continue working with ACPO and the IPCC to ensure the revised misconduct and unsatisfactory performance procedures introduced in December 2008 are used effectively. The consultation document is silent as to what will happen in relation to responsibility for senior officer misconduct - a role currently performed by police authorities.

Spending & Procurement

The consultation document contains provisions in relation to spending and procurement requirements. These will affect police authorities and police forces in the immediate future and, thereafter, Commissioners and Panels. The key provisions are:

  • there will be no mandatory mergers of police forces, but voluntary requests for mergers will be considered;
  • proposals for the individual police force budgets will be announced later in the year;
  • proposals under existing legislation for regulations to specify certain contractual arrangements to be used for the police service will be taken forward with a separate more detailed consultation to be published on the regulations for the procurement of goods and services.


Other key points

The consultation contains a number of other points, the most important of which appear to be:

  • the removal of the Policing Pledge;
  • that Chief Constables will be given greater freedom, including the ability to appoint  their management team, with the previous Government’s planned creation of a Police Senior Appointments Panel being revoked;
  • that ACPO will become the national organisation responsible for providing the professional leadership for the police service and will have a governance structure which will include a key role for Commissioners.


Conclusion

Significant changes in legislation will be required to bring about these proposed changes. In the meantime it should be ‘business as usual’ for police authorities to ensure compliance with existing statutory duties and obligations.

Matthew Lohn is head of and Sarah Ellson a partner in the Public and Regulatory Law Group at Field Fisher Waterhouse.