Issue details

The GMCA has responsibility under The Police (Conduct) (Amendment) Regulations 2024 for the attendance at Police Misconduct Panels of a Legally Qualified Person (LQP) and Independent Panel member (IPM).

The LQP’s role is to sit on the Panel in an advisory capacity. This is not 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 the then LQCs and now 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 then 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 appointments until this matter has been resolved nationally and specifically worded indemnity is provided by PCCs to its members.

As a result, the majority 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 LQC having been summoned by an employment tribunal to give evidence about a Police Misconduct Panel hearing they chaired and the decision they reached.