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Police 'choosing to be assaulted due to misconduct fears' says former chair of federation

Police officers are choosing to be assaulted rather than using force for fear of being hauled before a misconduct hearing, says the former chair of Staffordshire Police Federation.

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The former chair of the Staffordshire Police Federation claims that police officers are choosing to be assaulted rather than using force for fear of being hauled before a misconduct hearing.

Phil Jones told the Police Federation of England and Wales annual conference that scores of officers are attacked in their jobs every day, but many were reluctant to use force when they are attacked because they could face disciplinary proceedings.

However, a Chief Superintendent from Greater Manchester Police has also claimed that the force's disciplinary proceedings have allowed police officers to get away with preying on vulnerable women and testing positive in drugs tests, hence they are still serving officers.

At the annual conference, Phil Jones spoke during a debate on Government proposals to allow chief constables to chair misconduct hearings rather than the current system of them being led by an independent lawyer.

Under the proposals, a finding of gross misconduct would automatically result in a police officer’s dismissal, unless there were exceptional circumstances.

Mr Jones, a conduct and performance lead on the Police Federation of England and Wales national board, said: "We have 110 officers assaulted every day but people are choosing to be assaulted rather than use force because ultimately, they could be found wanting in a gross misconduct arena, which, if the Home Office brings in these regulations, you’re looking at automatic dismissal. That can’t be right."

Phil Jones claims that police officers are choosing to be assaulted rather than using force for fear of being hauled before a misconduct hearing. Photo: Staffordshire Police Federation.

Mr Jones asked how many senior officers had been held accountable for "systemic failures that have contributed to where we are today?"

He said: "There were senior officers in post then that are in now, and how culpable are they and how many have been held to account?

"Whereas with the changes that are proposed, it’s my view our members are disproportionately disadvantaged with the gross misconduct element where there’s a presumption of dismissal."

However, Chief Superintendent Michael Allen of Greater Manchester Police, claims that there are serving officers who have committed abuses of position for sexual purpose but are still working as police officers.

Chief Superintendent Allen said: "We still have people serving who have been found proven in terms of allegations of abuse of position for sexual purpose where they predated on vulnerable females, where they’ve tested positive on a drugs test, where they’ve lied in evidence, where they’ve been found going equipped.

"These are serious matters that are completely incompatible with policing yet within the 2016 and 2020 system those individuals have been allowed to remain in policing, which is a problem operationally.

"It’s those officers who don’t deserve to be in policing and that’s why policing has asked for a chief constable or assistant chief constable-chaired hearing to exit those individuals. The chief constable as the employer should have a greater say."

Mr Jones said there was no place in policing for officers who abused their position, and added that chief officers already have the power to dismiss under certain circumstances where the evidence was incontrovertible.

He said: "They can go to accelerated fast-track hearings. They have that mechanism already. But where there have been genuine mistakes and learning, that has to be an option."

Mr Jones also said officers should be able to expect “a fair and transparent process”. He added: "We like to think we’re not politicised, but we are. Police and Crime Commissioners are politically aligned, and who’s to say that a chief officer may make a decision based on the fact they’re having a contract extended in six months' time, or not as the case may be.

"We know public confidence is huge, and it needs to be, and the police officers have to be accountable for the actions they do or don’t do, but even those officers deserve a fair hearing."