25 Jun Blog: Police officers to be dismissed for gross misconduct, barring ‘exceptional circumstances’

Welcome to DPG’s second post in our new legal blog series. This month’s blog focuses on new police misconduct legislation and gives an insight into the police complaints system as a whole.

Amendments to the police misconduct rules

On 28 May 2025 amendments to the Police (Conduct) Regulations 2020 came into effect.  The amendments make a number of changes to the system for dealing with police misconduct.  These include a provision that where an officer’s conduct amounts to gross misconduct they must be dismissed without notice, save where there are exceptional circumstances which would justify a final written warning, or reduction in rank.

The accompanying press release from the Home Office claims that the change “will help to root out rogue individuals and drive up standards.” It follows a number of high-profile scandals involving police misconduct, which has resulted in a decline in public trust and confidence in the police.[1] The presumption in favour of dismissal is welcome, although it remains to be seen how misconduct hearings will apply the ‘exceptional circumstances’ provision.

What is Gross Misconduct?

Gross misconduct is a breach of the Standards of Professional Behaviour which is so serious that dismissal could be justified. These standards are set out in the Police (Conduct) Regulations and address behaviour such as dishonesty, abuse of position and actions that damage public confidence in the police.

Changes in the law

Previously, officers found guilty of gross misconduct could, in some cases, simply apply to work within another police force, and dismissals would be subject to lengthy internal reviews with outcomes being inconsistent across forces. Some officers found guilty of gross misconduct remain serving in the police to this day, clearly eroding the public’s sense of safety and trust in those entrusted to keep them safe.

The key aspects of the reforms are:

• officers who fail background checks or commit gross misconduct will now be automatically dismissed, barring exceptional circumstances;
• former officers who resign or retire whilst under investigation will face quicker proceedings;
• officers dismissed for gross misconduct will be barred from rejoining the police force; and
• an advisory list will be created which flags officers whose conduct should be considered during recruitment.

The Police Complaints System

We will now take a brief look at the police complaints system, including how those affected by police misconduct can raise their concerns and seek accountability.

Who can complain? A complainant can be the individual affected, a witness to the conduct, or someone ‘adversely affected’ by the conduct, i.e. someone who suffers any form of loss or damage, distress or inconvenience; is put in danger; or is otherwise put at risk of being adversely affected.

Where, when and how? The complainant should raise the complaint as soon as possible and in any event within one year of the event in question. Police forces can refuse to investigate complaints made after more than one year, except where there are good reasons for the delay. Complaints can be made via the websites of the Independent Office of Police Conduct (“IOPC”) or the relevant police force, by contacting the police force in writing, by social media or by telephone, or in person at a police station.

All complaints will be ‘logged’ but only those that come under a defined list of serious matters will be automatically ‘recorded’. If not recorded, they will be dealt with outside of the statutory complaints system.

What happens after a complaint is made?

The complainant should be contacted to discuss how they want the complaint to be handled, and this will depend on whether the matter has been recorded and the seriousness of the matter raised. The police must handle the complaint in a ‘reasonable and proportionate’ way, assessed on a case-by-case basis.

Non-recorded complaints are those that are less serious and where a minimal element of investigation is necessary. However, they should still be handled in an appropriate manner “with a view to resolving the complaint to the complainant’s satisfaction”. Further steps can be taken if initial attempts to resolve the complaint are unsuccessful, and if it comes to a stage where resolution is not possible without delay or substantial additional steps, then it is likely that a complaint should then be recorded.

Recorded complaints are those in a defined list of more serious matters or those where a complainant has requested it to be recorded. In these cases, the police will decide:

1. Whether the complaint should be referred to the IOPC to decide on how it should be handled.
2. If not, how to deal with the complaint ‘reasonably and proportionately’ (some cases require compulsory investigation and in some cases the police have discretion).
3. If it is decided not to investigate, then the police may decide not to take any action or take minor steps to resolve the complaint.

Some recorded complaints require mandatory referrals to the IOPC, and these are cases in which the complainant alleges conduct which has led to death or serious injury, the conduct comes within a set list of relevant conduct set out in the regulations, or where the IOPC decides to ‘call in’ the complaint.

Special Procedures

Early on in an investigation, the investigator must assess whether ‘special procedures’ should apply. For special procedures to apply, there must be an indication that an officer may have committed a criminal offence or behaved in a manner which may bring about misconduct proceedings. Only in these cases can the final outcome be ‘misconduct or gross misconduct’ resulting in potential sanctions.

If special procedures apply, the investigator must carry out a severity assessment, as to whether the misconduct, if proved, would amount to either misconduct ‘so serious as to justify disciplinary action’, or gross misconduct, and what form any disciplinary proceedings would take in relation to the conduct. The question of whether misconduct or gross misconduct has actually been committed is a matter for disciplinary proceedings.

Conclusion of an investigation

In non-recorded cases, the outcome of the complaint should be communicated to the complainant within 5 days of the decision. There is no right to an appeal or review; however, a complainant has a right to request that their complaint be recorded.

In recorded cases, some of the possible outcomes of an investigation are outlined below, dependent on whether or not the investigation was subject to special procedures or not:

• Less formal outcome (return of property, mediation, sharing evidence of learning or service improvement).
• Unsatisfactory Performance Procedures (special procedures only). These should be used where the evidence indicates an inability to perform, rather than a breach of standards of professional behaviour.
• The Reflective Practice Review Process (whether special procedures applies or not). These should be used to encourage reflection and learning, but are not a disciplinary outcome.
• Referral to the Crown Prosecution Service where the evidence indicates that an officer may have committed a criminal offence and the circumstances are such that it would be appropriate for the CPS to consider the matter.
• Where there is a case to answer for misconduct or gross misconduct, a misconduct meeting or hearing can be held. These proceedings could result in:

1. A written warning
2. A final written warning
3. Reduction in rank (gross misconduct proceedings only)
4. Dismissal without notice (gross misconduct proceedings only)

The IOPC has said that it expects police forces to apologise if a failing has occurred, or the service has been unacceptable.

Conclusion

The recent changes in the law for dealing with police misconduct are welcomed and should result in more officers being dismissed following findings of gross misconduct.  However, the fact that a presumption in favour of dismissal has only recently been introduced indicates the slow pace of change in the police complaints and misconduct system.  Ultimately the ability of forces and the IOPC to identify cases of misconduct will remain limited until allegations are consistently and reliably investigated.  At present there are still far too many meritorious complaints being dismissed following substandard investigations hamstrung by a lack of objectivity, knowledge and skills.  Until these broader systemic issues are properly addressed the Government will inevitably struggle to reach its stated goal of boosting public confidence in policing.

This blog post was prepared with contributions from members of our legal team: Evie Oldfield and Gus Silverman

[1] https://post.parliament.uk/public-trust-and-confidence-in-the-police/

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