Police Federation Judicial Review proceedings against the IPCC
12 January 2014
The Police Federation is supporting three police officers to challenge the lawfulness of an IPCC investigation into their conduct.
An application for Judicial Review has been made in respect of the IPCC's decision to reinvestigate an inquiry it supervised, which was concluded and found no grounds for misconduct. This relates to the case of Inspector Ken Mackaill, Detective Sergeant Stuart Hinton and Sergeant Chris Jones.
Following a request to consider the lawfulness of its decision the IPCC was asked to suspend its investigation and an invitation to the officers to attend for interview, this was declined.
As a result there was no option but to lodge an application for Judicial Review, which is the appropriate route to challenge decisions taken by a public authority.
The three officers have been legally advised that the interviews should not now take place while the High Court is seized of the matter. The IPCC have been fully informed of the intention to apply for Judicial Review and that an application had been issued.
It is wholly inaccurate to suggest that the three officers have refused to meet with the IPCC.
A spokesperson for the Police Federation of England and Wales said:
"The initial investigation into the conduct of the three officers was supervised by the IPCC and found there was no evidence of misconduct. This was supported by their respective Chief Constables.
"The IPCC deputy chair then criticised the outcome of the investigation, stated that the three officers should have faced misconduct charges and announced they would fully reinvestigate the matter. This was despite the IPCC previously acknowledging that it could not take this course of action.
"It is only right and proper that police officers face investigation where they are suspected of wrongdoing. At the same time, police officers are entitled to understand the process that will hold them to account for their actions as with any disciplinary proceedings and to accept the outcome in good faith.
"We believe that the IPCC's actions are unlawful. In the interest of fairness, the system should be changed if it is judged not to be working, rather than move the goal posts after the event. This is now for the High Court to determine."