Officers who fail vetting will be automatically sacked in changes made to Police Regulations

The reformed police dismissal system will come into force from May 14.

Measures will be introduced to Parliament on Wednesday which will make it a legal requirement for serving officers to pass vetting procedures.

It will also mean chief constables will be able to get rid of officers they regard as unfit to serve from next month.

The change of Police Regulations come after Met Commissioner Sir Mark Rowley accused officials of dragging their feet on giving police chiefs stronger powers over vetting failures after he lost a judicial review over the Met’s policy of seeking to sack officers for gross incompetence if they fail vetting.

The Met has now been granted permission to appeal against that decision.

He previously said it is “absurd” that officers who are not fit to hold vetting cannot be lawfully sacked.

The Home Office said the changes follow recent legal challenges which have “brought to light” the difficulty forces can have removing officers who are not fit to serve.

In February, a Met officer accused of sexual offences, Sergeant Lino Di Maria successfully mounted a legal challenge backed by the Met Federation after having his vetting removed over the allegations, which he denies.

He was found to have no case to answer in respect of misconduct allegations, and argued that having his vetting removed without the accusations being proved is a breach of his right to a fair trial.

Home Secretary Yvette Cooper said: “In recent years, serious cases which have badly failed all proper policing standards have damaged public trust in the officers who are supposed to protect them, and undermined the majority of brave, committed officers who work tirelessly to keep us safe.

“It is simply not acceptable that officers who are clearly unfit to serve or pose a risk to their colleagues cannot be removed.

“That’s why these new rules are essential and it is why this Government has been working closely with forces to overcome these barriers to restore confidence in policing.”

The reformed police dismissal system will come into force from May 14.

National Police Chiefs’ Council lead for vetting, Chief Constable Alex Franklin-Smith, backed the changes which he said “provide clear routes for action to remove individuals who fall below the high standards the public and our workforce rightly expect and deserve”.

The Home Office also plans to introduce further safeguards to improve vetting national standards later this year, including stronger requirements to suspend officers under investigation for violence against women and girls.

Officers convicted of certain criminal offences will also be automatically found guilty of gross misconduct.

In February, Met Commissioner Sir Mark described the situation as “a ridiculous waste of money” as 29 Metropolitan Police officers and staff remained on paid leave having had their vetting removed.

The Met also feared it would have to reinstate officers sacked through the failed vetting route after the judicial review decision and give them back pay. Following the ruling the Commissioner said the Met had been put in a “hopeless position” and warned a change in the regulations would be required “within weeks.”

Following the Home Office announcement of the change to Police Regulations Sir Mark said: “The ability to hold a vetting clearance is the most basic indication of whether someone can be trusted to hold the extensive and often intrusive powers that police officers are given. It was never right that an officer could lose their vetting, but not lose their job.

“These reforms close that glaring gap in the law and will allow us to move swiftly to remove those who have no place in policing. This matters not just for the public we serve but for the vast majority of hardworking officers who should be able to feel safe, have full trust in those they work alongside and have the confidence of the public.”

The Met also confirmed it has been granted leave to appeal the High Court judgment made in February in relation to Operation Assure.

The judgment followed a judicial review which challenged Assure – the Met’s process, based on national guidance, to consider dismissing officers who can no longer pass vetting. The Met lost the judicial review.

Leave to appeal was granted by the Court of Appeal on Thursday, 17 April based upon this being a matter of public importance.

Category: Vetting