Legal and Professional Standards Department - Standards of professional behaviour policy (P02)

1. Summary of changes

1.1 This policy has been reviewed in July 2022 - no amendments to content made. 

2. What this policy is about

2.1 The policy and linked procedures deal with allegations of complaints against police officers, special constables and police staff employees and standards of professional behaviour.

Compliance with this policy and any linked standard operating procedures are mandatory.

3. Statement of policy

3.1 Public confidence in our ability to deal with issues of standards, integrity or service is paramount. The Police and Crime Commissioner, the chief constable and the public expect the highest standards from the service, and for staff to act with honesty and integrity. All staff will conduct themselves accordingly, in line with the standards of professional behaviour, a link to the standards is included at the end of this policy, together with the Police Conduct Regulations 2020.

3.2 Complaints

3.2.1 People making complaints against Kent Police are registering their displeasure with the service they have received from the force.

3.2.2 If a member of the public reports a complaint to you, try and deal with it to their satisfaction then and there. Let the complaints team know if you are successful (this can be recorded on a CAD, email or complaints form that is found on the website).

3.2.3 If you are unable to deal with the complaint to the complainant’s satisfaction, please send all the relevant information to the PSD Admin Kent email account from here the Complaint can be assessed and a decision on how best to resolve can be made.

3.2.4 The complaints team will allocate complaints to division with guidance to resolve. The 2020 Complaint Regulations provide far greater scope for dealing with complaints in a proportionate and pragmatic way.

3.2.5 The Independent Office for Police Conduct (IOPC) has produced statutory guidance to the police service on the handling of complaints; a link to this guidance is included at the end of this policy.

3.3 Conduct allegations

3.3.1 The 2020 Police Conduct Regulations redefine the threshold for misconduct as

‘A breach of the standards of professional behaviour that is so serious as to justify disciplinary proceedings’

3.3.2 ‘Management advice’ has been removed from the sanctions available to a misconduct meeting or hearing. Disciplinary proceedings are therefore not warranted for behaviour that doesn’t justify at least a written warning.

3.3.3 Under-performance or conduct not amounting to the new definition of misconduct, but which falls short of the expectations of the public and the police service as set out in the Code of Ethics, can therefore be dealt with by reflective practice. This emphasises ‘putting things right’ through clear actions and constructive outcomes between line manager and the participating officer.

3.3.4 It is appreciated that a supervisor’s knowledge baseline around what ‘would’ justify disciplinary proceedings might be a little unclear. Where issues appear ‘on the cusp’ we would advise you discuss them with your chief inspector. Where there is still uncertainty, advice can be sought from PSD.

3.3.5 Any requests for conduct to be formally assessed by PSD should come via an officer of at least the rank of chief inspector.

3.3.6 Misconduct allegations against police officers shall in most cases be dealt with by the Professional Standards Department (PSD).

3.3.7 Where substandard conduct is evident, but which clearly does not amount to the new definition of misconduct, it can be dealt with locally as reflective practice without the need for any contact with PSD.

3.3.8 Matters that have been formally assessed by PSD as being suitable to be addressed by reflective practice will come from PSD with instructions. Reflective practice directed by PSD is known as ‘practice requiring improvement’.

3.3.9 Practice requiring improvement is not a disciplinary outcome, rather it simply aims to prevent a similar re-occurrence through reflective learning.

The process cannot act as a bar to promotion nor can accounts given by the officer concerned by used in disciplinary proceedings involving the officer about the same matter, (although admissions relating to a matter that has not been referred to be dealt with under the reflective practice review process could).

3.3.10 Allegations of misconduct made against police officers shall in most cases be dealt with by the Professional Standards Department (PSD).

3.3.11 CCTV is in operation across the police estate. This may be used to investigate both criminal and misconduct allegations.

4. Equality Impact Assessment (EIA)

4.1 An EIA has been carried out and shows the proposals in this procedure would have no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age religion or belief or sexual orientation.

5. Risk assessment

5.1 This policy has been assessed as having a medium risk.

6. Consultation

• Human Resources
• Finance
• IT Security
• Legal
• Freedom of Information
• Health and Safety
• Unison
• Police Federation 

7. Monitoring and review

7.1 This policy will be reviewed every two years, with the next review taking place in July 2024.

8. Other source documents

None listed.

9. Security

9.1 Kent Police has measures in place to protect the security of your data in accordance with our Information Management policy.

10. Retention and disposal of records

10.1 Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy.