Issue details

The GMCA has responsibility under the Police (Conduct) Regulations 2020 for the attendance at Police Misconduct Panels of a Legally Qualified Chair (LQP) and Independent Panel member (IPM).

The LQP’s role is to sit on the Panel in an advisory capacity. This will not be a decision-making role, but they will be responsible for providing legal or procedural advice.

The IPMs provide independent and impartial views at the misconduct panel. Concerns have arisen regarding the indemnification of LQPs involved in the misconduct process, which provides LQPs with security against legal liability, provided they act in good faith during the misconduct panel process. This arises from the potential of a claim for damages against misconduct panel members arising from an Equality Act claim before the Employment Tribunal at present.

On 26th November 2021 the GMCA was informed by the President of the National Association for LQCs (NALQC) that the organisation had informed the Home Secretary, H.M. Government, that the NALQC had advised its members that they should refuse to accept any further LQP appointments until this matter has been resolved nationally and specifically worded indemnity is provided by PCCs to its members.

As a result, the majority of LQPs were refusing to sit on misconduct panels until an agreed form of indemnity was provided.

In October 2022, a further development arose out of an LQP having been summoned by an employment tribunal to give evidence about a Police Misconduct Panel hearing they chaired and the decision they reached.

The previous decision notice refers to the form of wording that was agreed with LQPs at that point in time but is now deemed by LQPs to be insufficiently robust to provide sufficient assurance in the event of legal action being taken against them. The purpose of this decision notice is to seek the approval to adopt the revised wording agreed by the Association of Policing and Crime Chief Executives (APACE), APACE and National Association of LQPs as a form of indemnity which offers LQPs and IPMs assurance that they are covered for damages unless it is shown in a court or similar that they have acted in bad faith.

This is similar to the wording of the magistrate’s indemnity set out in the Courts Act 2003. It provides the GMCA with a backstop to ensure that LQPs act professionally in their role as a panel chair under the previous regulations. The GMCA has been advised to adopt the indemnity wording that is detailed in this decision notice by the Association of Police and Crime Commissioners (APCC). It is recommended that this wording be used until such time that the Home Office agrees an appropriate legislative solution for LQPs and IPMs.