Correspondence

Selection and appointment of Chief Officers

Published 9 March 2018

This Circular outlines the legal requirements and principles for the appointment of Chief Constables (CCs), Deputy Chief Constables (DCCs) and Assistant Chief Constables (ACCs) and equivalent ranks in the Metropolitan Police Service.

Legal requirements

Section 38 of the Police Reform and Social Responsibility Act 2011 requires the selection and appointment of CCs to be made by Police and Crime Commissioners (PCCs).

PCCs must adhere to the processes set out in Part I of Schedule 8 to the Police Reform and Social Responsibility Act 2011 (the 2011 Act) when appointing CCs which prescribes that a PCC must not appoint a person to be CC unless that person:

a) is, or has been, a constable in any part of the United Kingdom; or

b) is, or has been, a police officer in an approved overseas police force, of at least the approved rank; or

c) where the functions of a fire and rescue authority are delegated to the chief constable under an order under section 4H of the Fire and Rescue Services Act 2004, has experience at a senior level of the provision of services provided under that Act and has undertaken training in relation to policing matters of a kind that is specified by the College of Policing.

The Chief Officers of Police (Overseas Police Forces) Regulations 2014 designate which overseas police forces and ranks are approved.

Part I of Schedule 8 of the 2011 Act also states a PCC must not appoint a person to be CC unless the end of the confirmation process has been reached.

Sections 45, 46 and 47 of the Act make provision for the appointment of senior Metropolitan Police Service officers including Assistant Commissioners (ACs), Deputy Assistant Commissioners (DACs) and Commanders respectively.

Sections 42 and 43 of the Act make provision for the appointment of the Commissioner and Deputy Commissioner.

Sections 39 and 40 of the Act relate to the appointment of chief officers (DCCs and ACCs) by CCs for forces across England and Wales outside London. The appointment of the Commissioner and Assistant Commissioner of the City of London Police continues to be governed by the City of London Police Act 1839.

Part One of Annex B of the Secretary of State’s determinations, made under Regulation 11 of the Police Regulations 2003, specifies that the Senior Police National Assessment Centre and the Strategic Command Course must be satisfactorily completed before a person may be substantively appointed to a rank higher than that of Chief Superintendent but below that of CC, Commissioner of Police for the City of London or Commissioner of Police of the Metropolis.

The determination also states for a person to be eligible for appointment to the rank of CC in a police force in England and Wales, Commissioner of Police for the City of London or Commissioner of Police of the Metropolis, they must be serving, or have served, in:

a) the ranks of ACC, Commander, or a more senior rank in a police force in any part of the United Kingdom; or

b) a designated rank in an approved overseas police force, pursuant to paragraph 2(1A)(b) of Schedule 8 to the Police Reform and Social Responsibility Act 2011.

The College of Policing holds records of officers who have passed these courses which should be requested by those responsible for appointing chief officers in order to verify policing qualifications and experience.

In making appointments PCCs and CCs must comply with the provisions of the Equality Act 2010, and candidates’ personal data must be handled in accordance with the Data Protection Act 1998.

Fixed term appointments

Regulation 11 of the Police Regulations 2003 makes provision for fixed term appointments and extensions for senior officers.

Job advertisement

Part Two of Annex B of the Secretary of State’s determinations, made under Regulation 11 of the Police Regulations 2003, specifies that vacancies must be advertised on a public website or some other form of publication which deals with police matters circulating throughout England and Wales, and the closing date for applications must be at least three weeks after the date of the publication of the advertisement.

Police and Crime Panel scrutiny of appointment

Schedule 8 to the Police Reform and Social Responsibility Act 2011 requires a PCC to notify the Police and Crime Panel (PCP) of a proposed CC appointment.

The PCP must review the proposed appointment within three weeks. This must include holding a public confirmation hearing and making a report to the PCC. The report must include a recommendation as to whether the candidate should be appointed.

The PCP has the power to veto, with a two-thirds majority, the proposed appointment. The Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012 outline the process to be followed should the PCP veto a proposed chief constable appointment.

Complaints

The Elected Local Policing Body (Complaints and Misconduct) Regulations 2012 set out the process for making complaints against PCCs, which can be made by members of the public or candidates involved in appointment processes.

Principles of appointment

Those responsible for the selection and appointment of chief officers must observe the three principles of merit, fairness and openness.

The appointment of CCs (police forces outside London)

It is for the PCC to decide how they wish to run their recruitment process and which candidate they wish to appoint. The PCC should involve an independent member during assessment, short listing and interviewing of candidates for CC positions.

The appointment of DCCs and ACCs (and ACs, DACs and Commanders in the MPS)

The CC must consult the PCC before appointing a person to be DCC or ACC for forces outside London. The Commissioner must consult the Mayor’s Office for Policing and Crime before appointing an AC, DAC or Commander.

It is for the CC (or Commissioner) to decide how they wish to run their appointment process and which candidate they wish to appoint. The CC (or Commissioner) should involve an independent member during assessment, short listing and interviewing of candidates.

Conduct

When appointing a chief officer the PCC/CC should consider the applicant’s disciplinary record. A recruiting PCC/CC must also review the Barred and Advisory List to confirm that their potential appointment is eligible for the vacancy (Policing and Crime Act 2017, relevant requirements inserted by section 30).

The independent member

The independent member should be chosen by the PCC/CC/Commissioner, and be someone independent of him / her and the force. The role of the independent member is to ensure the selection and appointment process is conducted fairly and openly, and the successful candidate is selected on merit. The PCC/CC/Commissioner should appoint the independent member through a fair, open and merit based process.

The independent panel member should not be a PCC, a member of the PCC’s staff, a member of the PCP, a Member of Parliament, a Member of the European Parliament, a local councillor, a serving or retired police officer or member of police staff, a civil servant, a member of the National Assembly for Wales, a member of the Northern Ireland Assembly, a member of the Scottish Government, an employee of HM Inspectorate of Constabulary, an employee of the Independent Police Complaints Commission, or an employee of the College of Policing.

The types of people suitable for the role of independent panel member might include, but is not limited to, Magistrates, Chief Executives of local authorities, and representatives of community organisations.

Further Information

Further information and assistance may be obtained from the College of Policing ([email protected] or 0800 496 3322).