Welfare support officer: Professional standards

Why is a police discipline process necessary?

Legally the police are required to abide by:

  • The police conduct regulations 2020 / police complaints and misconduct regulations 2020, police reform act 2002 (schedule 3) for police officers. 
  • The police staff council handbook, joint circular No.54 (standards of professional behaviour for police staff).
  • The code of ethics.

Code of ethics

The code of ethics was produced by the College of Policing in 2014 and applies to all employees, including permanent, temporary, full time, part time, casual, consultants, contracted or voluntary workers. 

The code of ethics has been revised, the new code of ethics is supported by a code of practice for ethical policing and you can find out more about this on the College of Policing website.

Severity and definitions

When assessing the officer or member of police staff under investigation, your professional standards department will consider whether their conduct would, if proved, amount to misconduct or gross misconduct for the purpose of Regulation 12 of the Conduct Regulations. This is a question of seriousness.

Consideration is therefore given:

  • to maintain public confidence in, and the reputation of the police service.
  • to uphold high standards in policing and to deter misconduct.
  • to protect the public and staff.

Definitions

WSO Professional Standards - Definitions

Initial PSD involvement with the officer or member of staff

Following a severity assessment being made the investigator is required to provide the officer or staff member who is subject to the complaint or conduct matter with a discipline notice.

The notice will detail the nature of the alleged complaint or conduct matter together with the name of complainant (if applicable). It will also specify the standard(s) of professional behaviour that are alleged to have been breached at that stage.

The notice will also include the name of the investigator and importantly for the officer concerned the initial severity assessment level i.e. misconduct or gross misconduct.

Considerations

The Police Federation or relevant trade union representative will be contacted by professional standards to co-ordinate the service of the regulation notice on the police officer or member of police staff.

When deemed necessary a professional standards briefing document containing relevant information is prepared. This is shared with the force incident manager (FIM) to enable informed risk assessments to take place should an incident arise, accompanied by key contact details for those that can provide support.

Any restriction or suspension considerations are also explained to the officer or member of staff at this time.

Restricted duties

Restricted duties are deemed appropriate in cases where the officer or member of staff cannot remain in their current role, due to the nature of the allegation. 

Many often result in the officer or member of staff having restrictions placed upon them in terms of system(s) access or public facing involvement.

Reviewed on a monthly basis by the professional standards senior management team with a return to the original role restored at the earliest opportunity.

Suspension

If it is felt that the officer or member of police staff under investigation may need to be suspended this decision will be made by the deputy chief constable. 

This is only deemed necessary in cases where the officer or member of staff cannot be reasonably managed in the workplace. It applies to investigations where the public expectation is such that the officer should not remain operational or in a restricted role.

This is reviewed on a monthly basis by the DCC and the update is provided directly to the officer or member of staff under investigation and their  Federation / union representative.

Independent Office for Police Conduct (IOPC) involvement

There is a mandatory requirement for an IOPC referral in certain matters, these include:

  • Where the alleged conduct has resulted in death or serious injury.
  • Where a serious assault or serious sexual offence has been alleged.
  • In the case of serious corruption, including abuse of position for sexual purpose or for the purpose of pursuing an improper emotional relationship.
  • If a criminal offence or criminal behaviour has taken place which is liable to lead to disciplinary proceedings and is aggravated by discriminatory behaviour.
  • Any other relevant offence

NOTE:  All the above can also result in a local / managed / independent investigation.

Find out more about the work of the IOPC here

Gross misconduct

If gross misconduct is suspected the following will take place:

Police officer gross misconduct hearing

Accelerated misconduct hearing (AMH)- Part 5

A case to answer for gross misconduct where the evidence is incontrovertible - this will be chaired by the chief constable.

Gross misconduct hearing – Part 4

Hearing comprises a three person panel (for example barrister, superintendent, and an independent panel member).

Police staff misconduct hearing (police staff)

Chaired by the chief people officer or NPCC ranked officer in the absence of the director of people and supported by a HR business partner.
 

Definitions of misconduct

WSO definitions

Your role as a welfare support officer:

During this time of investigation it's really important as a welfare support officer that you support the officer or member of police staff through the professional standards proceedings. 

The following check list will help.

Report back
Ensure any concerns are fed back to PSD/Federation/union representatives
Reporting
Always ensure any emergency concerns or situations are reported immediately
Additional support
Do they need extra support such as a referral to occupational health or counselling services, etc.
Updates
Check if the officer or staff member is receiving sufficient updates
Awareness
Is the officer or staff member aware of the possibility of further conduct matters
Police systems
Is the officer or staff member using police systems correctly – checking incident and correct reporting
Social media
Ensure the officer or staff member is understands the risks with what they post and comment on online.