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A new HMICFRS report into activism and impartiality delves into the role of Police and Crime Commissioners and finds that operational independence is at risk and should be ‘fiercely defended’ if policing is to avoid being politicised.
HMI Andy Cooke says that the former Home Secretary commissioned this report to include a look at systemic problems that prevent the police from being or being seen to be impartial especially in contentious matters, and PCCs are part of that system. He told the Police Superintendents’ Association conference that this was the toughest report he has done to date.
Operational independence is one of three strategic issues discussed in detail in this expansive report that runs to 132 pages. The others look at the lack of a definition, and guidance about police impartiality and the legal application of the Equality Act 2010 which is ‘too complicated.’
“The importance of the police being impartial, and being seen to be impartial, cannot be overstated. It is fundamental to the operation of policing by consent.”
The report, published this week, says that some PCCs are interfering with operational decisions and that operational independence is being compromised as a result. In his key note address to the Police Superintendents’ Association conference, Cooke said that operational independence remains fundamentally important and must be fiercely defended.
“Everyone – police and politicians alike – must understand and respect their roles. They must vigorously maintain the boundaries. And they must uphold the principle of policing by consent.”
The inspectorate interviewed representatives from the Association of Police and Crime Commissioners and some PCCs for this report. He says, “some PCCs certainly agreed that police has become more political since PCCs were introduced.”
There are many different approaches by PCCs in how they govern policing. “We found that sometimes they either ignore or they don’t understand their role as a PCC.” Equally, he says, Chief Constables don’t always know what their role should be either.
“Chief constables and PCCs don’t always understand the delineation of their roles and responsibilities.”
It is 12 years since PCCs were first elected and yet the fundamentals of the role are not well understood. “One of the reasons for that is that the guidance isn’t very specific,” explains Cooke.
He goes on to talk about the Policing Protocol Order 2023 and how that sets out the relationship between the Home Secretary, the PCCs and Chief Constables. “It was strengthened in 2023 but it is still not specific enough, particularly around operational independence and what is accountability.” The police, he adds, must always be accountable to elected officials, but it’s how that accountability gets done that matters.
“That accountability should never be done before a policing operation and it should certainly never be done in public. It should be done afterwards to allow the PCC to see if they are happy with the approach and decision making of the chief constable because they are responsible for hiring and firing them.”
One of the chief constables in the HMICFRS report describes the churn in PCCs as a ‘four year lottery’ and with the loss of any independent PCCs and the concentration of Conservative and Labour (bar one Plaid Cymru PCC), it makes it PCCs more political as a result.
This doesn’t bode well for fire, where the previous government committed to giving Chief Fire Officers statutory operational independence on the same terms as their counterparts in police. The new government has not yet set out a timetable for the legislation required to make this change.
The recommendation in this report is to update guidance – it is one lever that HMICFRS has to effect change – but the inspectorate has no powers to make forces do anything. “Sometimes change is too slow for my liking,” he adds. He, like the chair of the Grenfell Tower Inquiry, wants to see stronger mechanisms for joining up the response to and monitoring of completing recommendations.
The Home Secretary has received the report and, says Cooke, will look at it in detail; he has regular meetings with Yvette Cooper and will discuss what needs to happen next. The report contains 22 recommendations, which, he says, If appropriately acted upon, should help to make sure the police act impartially.
Read the full report here: An inspection into activism and impartiality in policing.
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