Minister issues protocol for police and crime commissioners and chief constables

The Home Office has published a draft protocol setting out the relationship between chief constables and the new breed of Police and Crime Commissioners (PCCs).

The move is part of the run-up to the introduction of PCCs in May 2012. Under the government’s reforms, PCCs will set the strategic direction for a force, hold its chief constable to account and set the budget.

The draft protocol, which was laid before the House of Lords today:

• sets out the PCC's legal duty to maintain an efficient and effective police force, and to provide the local link between the police and the public
• details the PCC’s responsibilities for areas other than the police force. These include the delivery of community safety through bringing together Community Safety Partnerships, and entering into collaboration agreements with other PCCs and forces “to deliver better value for money and enhanced policing capabilities”
• sets out the powers and function of the Police and Crime Panel, which will scrutinise the commissioner’s decisions. “It states that, where the PCP seeks to scrutinise the PCC on an operational matter, the chief constable may also need to appear before the panel to offer factual accounts and clarity regarding the actions and decisions of police officers and staff,” the Home Office said
• outlines the government’s commitment to limiting the role of the Home Office in day-to-day policing matters, “while restating the powers retained by the Home Secretary for use as a last resort in defined circumstances”. These retained powers mean the Home Secretary can direct the PCC and the chief constable to take action where they are failing to carry out their functions.

The Home Office insisted that the government was committed to ensuring that the operational independence of chief constables remained in place. The draft protocol makes clear that chief constables retain the direction and control over the force's officers and staff.

Policing and Criminal Justice Minister Nick Herbert said: "The government is determined to replace police authorities with directly elected police and crime commissioners, to strengthen the local accountability of policing, give communities a voice and enable less interference from Whitehall.

"This draft protocol sets out the proper roles of police and crime commissioners and chief constables, and makes clear that the operational independence of the police will be safeguarded.”

The draft protocol was drawn up in association with representatives from Association of Chief Police Officers, the Association of Police Authorities and the Association of Police Authority Chief Executives.