Home Office circular 026 / 2008

Home Office guidance on police unsatisfactory performance and misconduct procedures

Dear chief officer,

1. The purpose of this circular is to inform you that the above Home Office guidance will come into force on 1 December 2008.

Introduction

2. The previously circulated (HO Circular 025/2008) Police (Performance) Regulations 2008, Police (Conduct) Regulations 2008, Police (Complaints and Misconduct) (Amendment) Regulations 2008, Police Appeals Tribunals Rules 2008 and Police Amendment Regulations 2008 set out the procedures for dealing with allegations of misconduct, unsatisfactory performance or attendance by police officers and the procedures for an appeal to a police appeals tribunal.

3. The attached Home Office guidance is issued by the Secretary of State in accordance with the provisions of section 87(1) of the Police Act 1996 in support of the new regulations listed above.

Home Office guidance

4.  The new Home Office guidance consists of the following chapters and annexes:

• Introduction
• Chapter 1 – Guidance on the standards of professional behaviour
• Chapter 2 – Guidance on the police officer misconduct procedures and how the procedures link with the police complaints system.
• Chapter 3 – Guidance on the police officer unsatisfactory performance and attendance procedures
• Chapter 4 – Guidance on attendance management
• Annex A – Guidance on the fast track (special case) misconduct procedure
• Annex B – Guidance on misconduct meetings/hearings for senior police officers
• Annex C – Guidance on police appeals tribunals
• Annex D – Guidance on dealing with misconduct/unsatisfactory performance issues relating to police officers seconded under section 97 of the Police Act 1996.
• Annex E – A standard written notice to be provided to a police officer under Regulation 15 of the Police (Conduct) Regulations 2008 or Regulation 14A of the Police (Complaints and Misconduct) Regulations 2004 (as amended by the Police (Complaints and Misconduct) (Amendment) Regulations 2008).

5. This guidance has been approved by the Police Advisory Board for England and Wales.

Transitional arrangements

6. The current Home Office guidance on police unsatisfactory performance and misconduct procedures should continue to be used for matters being dealt with under the Police (Conduct) Regulations 2004 or Police (Efficiency) Regulations 1999.

7. The new guidance attached with this circular should be used for all cases dealt with under the new regulations listed in paragraph 2 above.

8. Annex N of the current Home Office guidance will therefore not apply to matters dealt with under the new police (conduct) regulations 2008 as the new guidance for the new arrangements does not prescribe any list of behaviours that amount to misconduct or gross misconduct. It will be for the appropriate authority to determine whether any misconduct of a police officer is so serious that dismissal is justified. 

Enquiry point

9.  Any enquiries concerning this circular should be directed to Victor Marshall in this unit (Tel: 020 7035 0846).

Yours faithfully,

Vic Marshall 

Attachments

• HO Approved Guidance ANNEX C Police Appeals Tribunal final.doc (Microsoft Word file - 87kb)
• HO Approved Guidance ANNEX D Seconded Officers.doc (Microsoft Word file - 36kb)
• HO approved Guidance Annex E Regulation 15-14A Notice.doc (Microsoft Word file - 49kb)
• HO approved Guidance CHAPTER 3.doc (Microsoft Word file - 330kb)
• HO approved Guidance Chapter 4 Att Management.doc (Microsoft Word file - 110kb)
• HO approved Guidance Chapters 1 and 2.doc (Microsoft Word file - 455kb)

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