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Misconduct Meetings and Hearings from 2017 to May 2022

Date of request: May 19, 2022
Reference: 578-22

Request

I would like to be provided with the following information:

A table which contains the following information relating to misconduct meetings/hearings that have taken place at this force. The table should contain the following columns:

  1. Date of hearing (In the format DD/MM/YYYY, if not available, please provide the Month-Year or just the year)
  2. Rank of officer e.g police constable
  3. Whether this is a meeting or hearing (Data here should indicate meeting or hearing)
  4. Gross misconduct or misconduct (Data here should indicate whether it is for misconduct or gross misconduct)
  5. Breach/Allegation type e.g use of force or Honesty and integrity, etc
  6. Brief summary of allegation e.g use of police vehicle at excessive speeds, etc identifying details may be omitted if it violates personal data regulations
  7. Outcome e.g written warning, dismissal without notice etc.
  8. Public or private – whether the hearing/meeting was held in public or private

I would like the information for the following calendar years: 2015, 2016, 2017, 2018, 2019, 2020, 2021 and 2022 to date.

If going back to gather data raises cost limit issues please consider omitting data by year starting with 2015.

Response

Information relating to this request is held since 2017 only.

Information concerning officers’ misconduct hearings are published on our website, including all details requested.  Please note in relation to point 8 that cases of misconduct are heard in a Misconduct Meeting, while cases of gross misconduct go to a hearing.  For all published cases of gross misconduct, the hearing will have been public, unless otherwise stated.

As this part of the information is already available in the public domain it therefore falls within the Section 21 exemption of the Freedom of Information Act. Section 21 is an absolute and class based exemption and as such does not require a harm and public interest test.

This information you have requested can be found here for hearings held from 2017 – 2021.  In addition, details of the most recent misconduct outcomes for 2022 can be found currently via the same link.

This serves as a (partial) refusal notice under section 17(1) of the FOI Act.

 

In addition to those that are published, the Constabulary has held misconduct meetings and private hearings, details of which have not been made public.

Below I have included the anonymised details.

Hearings that were dismissed, not proceeded with, or found no case to answer, have not been included in this response.

For 2017 and 2018, details of some private hearings and misconduct meetings were published, in addition to all public hearings.  For these years only, it has not been possible to cross reference the information published with the information now held internally, in order to identify only those cases that have not been published.  For this reason, I have provided information for all private hearings and misconduct meetings in 2017 and 2018, as well as two public hearings – despite the fact that some of these cases may have been published as explained above.  All other years shown below contain only information held at the time of your request that is not available on the website.

You will note that in order to maintain anonymity I have omitted the specific date, rank of the officer and allegation summary. The exemption applicable is as described above, concerning section 40 relating to personal information.  This is explained in more detail below.

 

Hearing / Misconduct Meeting Misconduct / Gross Misconduct Misconduct Category – Standards Breached Outcome
Misconduct Meeting Misconduct Honesty and Integrity FWW
Misconduct Meeting Misconduct Duties and responsibilities Management advice
Misconduct Meeting Misconduct Information not identified Management advice
Misconduct Meeting Misconduct Authority, Respect and Courtesy Final Written Warning
Misconduct Meeting Misconduct ·         Duties and responsibilities

 

 

·         Honesty and Integrity; Duties and Responsibilities

·         Written warning

 

 

·         Final Written Warning

Misconduct Meeting Misconduct Confidentiality;

Duties and Responsibilities

Written warning
Misconduct Meeting Misconduct Duties and Responsibilities; Orders and Instructions Written warning
Misconduct Meeting Misconduct Discreditable Conduct Final Written Warning – subsequently quashed on appeal
Misconduct Meeting Misconduct Confidentiality Written warning
Misconduct Meeting Misconduct Authority, Respect and Courtesy; Discreditable Conduct Management advice
Misconduct Meeting Misconduct Duties and Responsibilities; Discreditable Conduct; Orders and Instructions Written warning
Misconduct Meeting Misconduct Authority, Respect and Courtesy; Equality and Diversity; Discreditable Conduct Management advice
Misconduct Meeting Misconduct Discreditable Conduct Written warning
Misconduct Meeting Misconduct Duties and Responsibilities; Discreditable Conduct Management advice
Misconduct Meeting Misconduct Authority, Respect and Courtesy; Discreditable Conduct Written warning
Private Hearing Gross Misconduct Honesty & Integrity, Orders & Instructions, Discreditable Conduct, Dismissed – Final Written Warning on appeal
Private Hearing Gross Misconduct Honesty & Integrity, Discreditable Conduct Dismissed
Private Hearing Gross Misconduct Authority, Respect & Courtesy, Equality & Diversity, Discreditable Conduct Final Written Warning
Private Hearing Gross Misconduct Authority, Respect & Courtesy, Equality & Diversity, Discreditable Conduct Final Written Warning
Private Hearing Gross Misconduct Authority, Respect & Courtesy, Discreditable Conduct, Honesty & Integrity Dismissed
Private Hearing Gross Misconduct Duties & Responsibilities Final Written Warning

 

2018

Hearing / Misconduct Meeting Misconduct / Gross Misconduct Misconduct Category – Standards Breached Outcome
Private Hearing Gross Misconduct Use of force, authority, respect and courtesy, discreditable conduct. Case Withdrawn
Private Hearing Gross Misconduct Confidentiality, orders and instructions, discreditable conduct Not proven
Private Hearing Gross Misconduct Work and responsibilities Final Written Warning 24 Months
Private Hearing Gross Misconduct Honesty and Integrity; Authority, Dignity, Respect and Courtesy; Equality and Diversity; Discreditable Conduct Dismissal
Private Hearing Gross Misconduct Authority, Dignity, Respect, Courtesy; Equality and Diversity; Discreditable Conduct Dismissal (resigned in the hearing)
Private Hearing Gross Misconduct Honesty and Integrity Dismissal
Private Hearing Gross Misconduct Honesty and Integrity Dismissal (resigned just prior to the hearing)
Private Hearing Gross Misconduct Honesty and Integrity Would have been dismissed
Private Hearing Gross Misconduct Authority, Dignity, Respect and Courtesy; Equality and Diversity Written Warning
Private Hearing Gross Misconduct Discreditable Conduct Would have been dismissed
Public Hearing Gross Misconduct Orders and Instructions; Fitness for Work Not proven
Public Hearing Gross Misconduct Honesty and Integrity; Duties and Responsibilities; Discreditable Conduct Dismissed

 

Misconduct Meeting Misconduct Honesty and Integrity; Authority, Respect and Courtesy; Equality and Diversity; Discreditable Conduct written warning
Misconduct Meeting Misconduct Duties and Responsibilities; Discreditable Conduct Management advice
Misconduct Meeting Misconduct Respect, Discreditable Conduct Final Written warning 18 months

 

Misconduct Meeting Misconduct Duties and Responsibilities Not proven
Misconduct Meeting Misconduct Duties and Responsibilities Not proven
Misconduct Meeting Misconduct Duties and Responsibilities Not proven
Misconduct Meeting Misconduct Duties and Responsibilities; Challenging and Reporting Improper Conduct Not proven
Misconduct Meeting Misconduct Duties and Responsibilities Verbal warning issued
Misconduct Meeting Misconduct Confidentiality; Discreditable Conduct Management advice

 

Misconduct Meeting Misconduct Same as above Management advice
Misconduct Meeting Misconduct Authority, Dignity, Respect Final Written warning
Misconduct Meeting Misconduct Orders and instructions Management advice
Misconduct Meeting Misconduct Discreditable Conduct; Authority, Respect and Courtesy; Duties and Responsibilities written warning

 

2019

Hearing / Misconduct Meeting Misconduct / Gross Misconduct Misconduct Category/ Standards Breached outcome
Private Hearing Gross Misconduct Honesty & Integrity Dismissed and would have been dismissed respectively
Private Hearing Gross Misconduct Discreditable Conduct Would have been dismissed
Private Hearing Gross Misconduct Discreditable Conduct, Authority, Respect & Courtesy, Equality & Diversity, Orders & Instructions Would have been dismissed
Private Hearing Gross Misconduct Discreditable Conduct Would have been dismissed
Misconduct Meeting Misconduct

 

Duties & Responsibilities Final Written warning
Misconduct Meeting Misconduct

 

Duties & Responsibilities Written Warning
Misconduct Meeting Misconduct

 

Orders & Instructions, Duties & Responsibilities, Discreditable Conduct Written Warning
Misconduct Meeting Misconduct

 

Orders & Instructions, Discreditable Conduct Final Written Warning
Misconduct Meeting Misconduct

 

Duties & Responsibilities, Discreditable Conduct Final Written Warning
Misconduct Meeting Misconduct

 

Duties & Responsibilities, No further action’

 

2020

Hearing / Misconduct Meeting Misconduct / Gross Misconduct Misconduct Category/ Standards Breached outcome
Private Hearing Gross Misconduct Honesty & Integrity, Duties & Responsibilities, Discreditable Conduct, Authority, Respect & Courtesy, Confidentiality, orders & Instructions Would have been dismissed
Private Hearing Gross Misconduct Honesty & Integrity, Orders & Instructions, Confidentiality Would have been dismissed
Misconduct Meeting Misconduct

 

Honesty & Integrity, Duties & Responsibilities Written Warning
Misconduct Meeting Misconduct

 

Fitness for Work

Duties and Responsibilities

Management Action
Misconduct Meeting Misconduct

 

Authority, Respect & Courtesy Written Warning
Misconduct Meeting Misconduct

 

Authority, Respect & Courtesy, Confidentiality Written Warning
Misconduct Meeting Misconduct

 

Discreditable Conduct Reflective Practice

 

2021

Hearing / Misconduct Meeting Misconduct / Gross Misconduct Misconduct Category/ Standards Breached Outcome
Misconduct Meeting Misconduct

 

Use of force

Discreditable Conduct

Not proved
Misconduct Meeting Misconduct

 

Authority, Respect & Courtesy, Orders & Instructions, Discreditable Conduct Reflective Practise
Misconduct Meeting Misconduct

 

Orders & Instructions, Duties & Responsibilities, Discreditable Conduct Reflective Practise
Misconduct Meeting Misconduct

 

Orders & Instructions Written Warning
Misconduct Meeting Misconduct

 

Equality & Diversity, Authority, Respect & Courtesy, Discreditable Conduct Reflective Practise
Misconduct Meeting Misconduct

 

Authority, Respect & Courtesy, Equality & Diversity, Discreditable Conduct Written Warning
Misconduct Meeting Misconduct

 

Authority, Respect and Courtesy and Discreditable Conduct. Not proved – no further action
Misconduct Meeting Misconduct

 

Orders & Instructions X 2 Reflective Practise

 

2022

Hearing / Misconduct Meeting Misconduct / Gross Misconduct Misconduct Category/ Standards Breached outcome
Public hearing Gross Misconduct Honesty and integrity, authority, respect and courtesy, and conduct Dismissed
Public Hearing Gross Misconduct Integrity, Authority Respect and Courtesy and Discreditable Conduct Dismissed without notice
Public Hearing Gross Misconduct Authority, Respect & Courtesy, Equality & Diversity, Integrity, Discreditable Conduct. Would have been dismissed
Public Hearing Gross Misconduct Honesty & Integrity, Discreditable Conduct, Orders and Instructions, Confidentiality Dismissed without notice
Misconduct Meeting Misconduct Discreditable Conduct Final Written Warning
Private Hearing Gross Misconduct Honest & Integrity

Authority, Respect and Courtesy

Work and Responsibilities

Discreditable Conduct

 

Dismissed
Private Hearing Gross Misconduct Discreditable Conduct; Honesty and Integrity; Confidentiality; Instructions Dismissed

As stated above, in order to maintain anonymity I have omitted points 2 (rank) and 6 (allegation summary) of your request. The exemption applicable is section 40 relating to personal information.  In keeping with the decision to hold those hearings in private, I do not consider it proportionate to release personal information that could lead to the identification of those involved under the Freedom of Information Act.

The exemption applicable to this is:

  • Section 40 (2) relating to third party personal information.

This is an Absolute exemption so therefore there is no requirement to conduct a harm or public interest test. Any information is exempt from disclosure under the Freedom of Information Act if it relates to or is supplied by another individual and disclosure of that information would contravene any of the data protection principles set out in:

(a) Article 5(1) of the GDPR, and

(b) Section 34(1) of the Data Protection Act 2018

A Freedom of Information Disclosure is a disclosure to the world. Therefore information that is provided can be viewed by any member of the public. Should information be provided from which a living individual could be identified this would constitute personal data. This would then become a breach of rights provided under the Data Protection Act 2018. Information held on an individual by Avon and Somerset Constabulary is done so lawfully and is used for a policing purpose in line with the principles set out in the GDPR. Our privacy policy can be viewed here.

This serves as a partial refusal notice under section 17(1) of the FOI act.

 

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