IPCC - Independent Police Complaints Commission

10/08/2021 | Press release | Distributed by Public on 10/08/2021 04:36

Nottinghamshire Police Officer dismissed following accelerated gross misconduct hearing

A Nottinghamshire Police officer has been dismissed after gross misconductwas found proven, following an investigationby the Independent Office for Police Conduct(IOPC).The police constable faced an allegationof gross misconductfor attempting to form an inappropriate, emotional and/or sexual relationship with a member of the public.

The officer was not named in the hearing, which was chaired by the Nottinghamshire Chief Constable.

The officer had been travelling home from a night shift in February 2020 when he stopped his car near to a roundabout in Nottingham after he said he became concerned with a woman's driving. He then identified himself to her as an off-duty police officer and spoke with her. He did not take any action in respect of the potential driving offence and in the following days and weeks, up to May 2020, the officer exchanged messages of a personal and sexual nature with the woman in an attempt to form a relationship.

In November 2020, the IOPC received a conductreferralfrom Nottinghamshire Police and we began an independent investigationthe following month.

As part of our investigation, IOPC investigators analysed mobile phones - including a considerable number of text, WhatsApp and Snapchat messages. The IOPC interviewed both the officer and the woman involved, who was considered to be vulnerable.

At the conclusion of our investigationin July 2021, we submitted a report to Nottinghamshire Police with our view that the officer should face gross misconductproceedings for attempting to form an inappropriate relationship.At an accelerated police hearing held on Friday 1 October, before the Nottinghamshire Chief Constable, gross misconductwas found proven and the officer was dismissed without notice.

Derrick Campbell, Regional Director for the IOPC said: "Police officers are held to certain standards when it comes to their interactions with members of the public and they are expected to conductthemselves professionally.

"The abuse of police powers for purposes of sexual exploitation is a form of serious corruption. It has a devastating impact on victims, and a serious impact on the public's confidence in individual officers and the service in general. It is critical there are effective systems in place to prevent, monitor and deal swiftly with any individual who exploits that trust.

"Our independent investigationconcluded that the officer in this case abused his position and actively pursued an inappropriate relationship with a female member of the public. In doing so, he breached the police standards of professional behaviour, betrayed a vulnerable woman and undermined public confidence in police."Following an accelerated gross misconducthearing the force has dismissed the officer without notice, which is exactly the sanction officers should expect to receive and sends a clear message that this behaviour has no part in policing."

The officer will now be placed on the College of Policing list of former officers who are barred from working for the police service.

An act of parliament that provides the core framework of police powers to combat crime and provide codes of practice for the exercise of these powers.

Leads and manages the development of the police service in England, Wales and Northern Ireland.

The body that represents the interests of all police constables, sergeants, and inspectors.

Deals with someone's inability or failure to perform to a satisfactory level, but without breaching the Standards of Professional Behaviour.

Focuses on putting an issue right and preventing it from happening again by encouraging those involved to reflect on their actions and learn. It is not a disciplinary process or a disciplinary outcome.

Department within a police force that deals with complaints and conduct matters.

Refers to lower-level misconduct or performance-related issues, which are dealt with in a proportionate and constructive manner.

This means doing what is appropriate in the circumstances, taking into account the facts and the context in which the complaint has been raised, within the framework of legislation and guidance.

The average is calculated using the individual results of the forces in that most similar force group.

An investigation carried out by IOPC staff.

Carried out by the police under their own direction and control. The IOPC sets the terms of reference and receives the investigation report when it is complete. Complainants have a right of appeal following a supervised investigation (unless it is an investigation into a direction and control matter).

This act sets out how the police complaints system operates.

How a police force is run, for example policing standards or policing policy.

An investigation carried out by the police under the direction and control of the IOPC.

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A person is adversely affected if he or she suffers any form of loss or damage, distress or inconvenience, if he or she is put in danger or is otherwise unduly put at risk of being adversely affected.

This is where a manager deals with the way someone has behaved. It can include: showing the police officer or member of staff how their behaviour fell short of expectations set out in the Standards of Professional Behaviour; identifying expectations for future conduct; or addressing any underlying causes of misconduct.

This could be the Police and Crime Commissioner, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.

A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.

A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.

A breach of standards of professional behaviour by police officers or staff so serious it could justify their dismissal.

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Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.

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Quarter 1 covers 1 April - 30 June Quarter 2 covers 1 April - 30 September Quarter 3 covers 1 April - 31 December Quarter 4 covers the full financial year (1 April - 31 March).

You can request a review/appeal if you're not satisfied with how your complaint has been handled.

Used to house anyone who has been detained.

Complainants have the right to appeal to the IOPC if a police force did not record their complaint or notify the correct police force if it was made originally to the wrong force.

The purpose of an investigation is to establish the facts behind a complaint, conduct matter, or DSI matter and reach conclusions. An investigator looks into matters and produces a report that sets out and analyses the evidence. There are three types of investigations: local, directed and independent.

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A person who makes a complaint about the conduct of someone serving with the police.

The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.

List of officers and staff who have been dismissed from policing, or would have been if they had not retired or resigned.

The type of behaviour being complained about. A single complaint case can have one or many allegations attached.

Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.

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A breach of the Standards of Professional Behaviour that would justify at least a written warning.

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A record is made of a complaint, giving it formal status as a complaint under the Police Reform Act 2002.

This is a format where information is written in plain English and short sentences.

The IOPC must be notified about specific types of complaint or incidents to be able to decide how they should be dealt with.

No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).

Casework involves assessing appeals. Casework staff also have a role in overseeing the police complaints system to help ensure police forces handle complaints in the best possible way.

Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.

Conduct includes acts, omissions, statements and decisions (whether actual, alleged or inferred). For example: language used and the manner or tone of communications.

You can request a review/appeal if you're not satisfied with how your complaint has been handled.

You can request a review/appeal if you're not satisfied with how your complaint has been handled.