An absence of the definition of operational independence can
prove challenging for police chiefs, the police inspectorate has
warned, as any form of improper political interference can affect
the public's perception of police impartiality.
In a new report into impartiality and activism in policing, His
Majesty's Inspectorate of Constabulary and Fire & Rescue
Services (HMICFRS) found that legislation and guidance currently
don't adequately define the boundary between the police's
operational independence and the appropriate exercise of
democratic accountability and governance.
Inspectors found that all those responsible for following the
Policing Protocol Order 2023 need more clearly defined guidance.
For example, inspectors found that chief constables and police and crime
commissioners (PCCs) still don't always understand the
delineation of their roles and responsibilities.
The inspectorate found other systemic problems, including a
near-total absence of any definition, guidance, or judicial
consideration of impartiality in respect of policing. It also
said that the Police Regulations 2003 covering the impartiality
duty and relevant guidance needed to be reviewed and updated.
Inspectors found that the police seek to act without fear or
favour in difficult circumstances. But the guidance to support
them has not kept pace with modern-day policing when having to
navigate politicised or contentious issues. As a result, this can
lead to officers misinterpreting and misrepresenting the
impartiality duty. It can also lead to accusations of biased
policing. Greater clarity is needed on what precisely the
impartiality duty means and what it does and doesn't cover.
Inspectors also found the legal interpretation of the Equality
Act 2010 is now too complicated, particularly in respect of
‘belief' as a protected characteristic, and the legal framework
of what constitutes a belief. Forces urgently need a better and
more consistent understanding of how the 2010 Act applies to
modern and increasingly complex policing contexts.
HMICFRS has made 22 recommendations to chief constables, police
forces and others. These include clarifying the impartiality duty
and operational independence, reviewing and updating the Equality
Act 2010, and updating policies on governance arrangements for
non-crime hate incidents and police staff networks.
His Majesty's Chief Inspector of Constabulary Andy Cooke
QPM DL said:
“This has been one of the most challenging inspections we have
carried out, with inspectors exploring complex legislation,
regulations and relationships.
“It deals with policing's sometimes difficult role in keeping the
peace, meeting the needs of individuals or groups who have
opposing views and simultaneously upholding everyone's rights.
“The operational independence of chief constables is a
cornerstone of policing in the UK. And the exercise of democratic
accountability and governance is also a fundamental element of
policing. Chief constables must be held to account for how
efficiently and effectively they carry out their duties. There is
a delicate balance to strike between these equally important
concepts.
“In our inspection, we found that chief constables and PCCs don't
always understand the delineation of their roles and
responsibilities. Chief officers also told us that they often
experience what they believe to be improper pressure or
interference from significant political figures. We found that
overt attempts to influence operational policing challenge the
police's impartiality and could reduce public trust.
“It is clear that legislation and guidance have not kept pace
with modern-day policing issues. We have set out some
recommendations to provide the clarity needed for the police to
be, and appear to be, impartial to keep the public's trust and
confidence.
“Alongside this, police chiefs, PCCs, mayors and senior
politicians should pay close attention to the risk posed by
improper political interference, whether actual or perceived.”
In September 2023, HMICFRS was commissioned by former Home
Secretary Rt Hon KC MP to inspect police
involvement in politically contested matters.
As part of the inspection, several areas were considered. These
included the police's policies and decision-making; how officers
are trained; how police deal with non-crime hate incidents; the
police's work with external advisory groups; and how effectively
forces communicate with the public, particularly on contentious
issues.
HMICFRS was due to publish this report in July 2024, but the
announcement of a General Election led to a delay in reporting
the findings.
ENDS
Notes to editors:
- For further information, the HMICFRS Press Office can be
contacted at 0300 071 6781 or HMICPressOffice@hmicfrs.gov.uk.
- ‘An inspection into activism and impartiality in policing'
will be published at 00:01 on Tuesday 10 September 2024.
- In September 2023, the then Home Secretary commissioned
HMICFRS to carry out an inspection of impartiality and activism
in policing.
- As part of the investigation, HMICFRS:
- Reviewed more than 4,000 documents;
- Held interviews and focus groups with more than 400
officers, staff and members of other organisations;
- Examined the records of 120 non-crime hate incidents;
- Surveyed the police and the public, for which we received
over 4,000 responses; and:
- Analysed more than 857,000 police social media posts.
