Five year legislative review

What is the current position?

Currently the Police Ombudsman but the High Court has ruled that the Ombudsman cannot specify the type of disciplinary proceedings which should take place.

There are three potential disciplinary proceedings:

1. Misconduct hearing: can result in disciplinary action up to and including dismissal. 

2. Misconduct meeting: can result in disciplinary action up to and including a final written warning.

3. Performance matters: normally issues which signify failings that could detract from the professionalism of the Police Service or which represent minor gaps in knowledge or carelessness (usually without consequence).

Where the police decide to take no action, legislation provides that the Police Ombudsman, after consultation with the Chief Constable, may direct a misconduct hearing.

This position was tested in the High Court in 2024  and Judge Humphries ruled that the Police Ombudsman had no power to direct the nature of disciplinary proceedings which should take place.  

Details of disciplinary recommendations made by the Police Ombudsman to the PSNI, and the sanctions or outcomes of disciplinary proceedings, are not generally made public and are not communicated to the complainant.

Such details will generally only be made public where the Police Ombudsman has decided it is in the public interest to do so.

What we propose

We believe the legislation should be amended to provide for a power to allow the Police Ombudsman to direct the nature of disciplinary proceedings.

We believe the legislation should be amended to permit the Police Ombudsman to release details of disciplinary recommendations and the sanctions or outcomes in any such proceedings to the complainant and the general public.

Any release would be within the parameters of any other legislative provisions, for example, relating to data protection and privacy rights, and avoiding prejudice to any associated legal proceedings.

Why is it important?

There is substantial interest from complainants and the public at large in relation to the recommendations made by the Office for disciplinary action and the action, if any, taken by the PSNI.

In England and Wales every complainant is informed of the nature of the recommendations made by the IOPC and the outcome of any disciplinary proceedings.

The power to disclose full details of all disciplinary recommendations and the related sanctions or outcomes to the complainant and the public, is in the interests of openness and transparency.

Other bodies, such as the General Medical Council (GMC), Medical Practitioners Tribunal Service and Nursing and Midwifery Council (NMC) publish outcomes from their Fitness To Practise hearings. Their registers are public and searchable.