POLICE SCOTLAND CHIEF ROCKED BY BULLYING PROBE
Chief constable investigated over ‘gross misconduct’ claim
SCOTLAND’S police chief is facing a high-level investigation over allegations of bullying. The mail has learned that the ‘gross misconduct’ claims – made against Phil Gormley by a superintendent – have been referred to the Police Investigations and review Commissioner (PIrC).
‘Gross misconduct’ allegations are deemed so serious that, if proven, they can lead to dismissal.
The powerful PIrC watchdog will now carry out a probe and pass the findings to the Scottish Police Authority (SPA), which could launch a misconduct hearing.
The complaint against the Police Scotland chief constable was made to the SPA – whose own chairman Andrew Flanagan was forced to announce he would quit after being accused of bullying.
The SPA referred the Gormley case to the PIrC – the body which is led by a former prosecutor and investigates alleged police blunders and claims of misconduct by very senior officers.
The disclosure comes after speculation last week, dismissed by top brass, that mr Gormley was set to quit by easter next
year, despite his contract running until the end of 2018, after his deputy, Iain Livingstone, announced his retirement.
Last night, Mr Gormley confirmed he was the subject of a PIRC probe, adding: ‘I would like to stress that I remain focused on leading Police Scotland, ensuring that we continue to serve and protect the people of this country.’
The investigation is a blow for the single force at a time of swingeing budget cuts and looming job losses, and could lead to political embarrassment for the SNP.
Mr Gormley, 54, took up the job as chief constable in January 2016 after retiring as deputy director general of the National Crime Agency (NCA) – the ‘British FBI’ – which faced claims of chaos, failure and plunging morale.
The PIRC, currently investigating 21 alleged police blunders, said last night that it ‘is carrying out
‘Co-operating fully with the PIRC’
an investigation into allegations against a senior police officer’.
The watchdog said: ‘Following a referral by the SPA, the Commissioner [former prosecutor Kate Frame] has assessed that the conduct which is the subject of the allegation would, if proved, amount to gross misconduct.’
Once the investigation is concluded, the Commissioner must determine whether ‘in the investigator’s opinion, the senior officer has a case to answer in relation to the misconduct allegation’.
The PIRC must submit a report to the SPA containing a summary of the evidence and the investigator’s opinion on whether the allegation should be referred to a misconduct hearing. A PIRC statement said: ‘Where the Authority determines that there is a case to answer for either misconduct or gross misconduct, it must refer the misconduct allegation to a misconduct hearing.’
Last night, a PIRC spokesman said: ‘As this is a live investigation, it would be inappropriate to comment further at this time.’
Gross misconduct is defined as a breach of ‘standards of professional behaviour’, which cover key areas such as honesty and integrity and ‘discreditable conduct’.
Last night, Mr Gormley told the Mail: ‘I can confirm that today I was informed by the PIRC that I am the subject of a conduct investigation. I am co-operating fully with the PIRC and will provide all necessary assistance to bring this matter to a timely and satisfactory conclusion.
‘In fairness to others who may be involved, it is not appropriate for me to comment further at this time.’
An SPA spokesman said: ‘If an allegation relating to the conduct of a senior officer of assistant chief constable rank or above is made, the SPA has the responsibility for receiving and assessing that allegation in line with the Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013.
‘If the SPA decides that a misconduct allegation is to be investigated, it must refer the allegation to the independent PIRC.
‘The SPA can confirm an allegation has been referred to PIRC for their investigation. However, consideration of complaints and conduct issues are confidential while being progressed, and the SPA has a policy of not commenting on individual cases.’
Mr Gormley is a controversial figure among many rank-and-file officers because he initiated a costly review – Policing 2026 – which will pave the way for the loss of up to 400 officers.
Last October, he published a list of future ‘priorities’ – with catching criminals ranked only fourth.
Former TV executive Mr Flanagan was forced to announce he would quit as SPA chairman last month after allegations of bullying – and a claim he ran the SPA like the Kremlin.
He remains in post while a successor is found.
A Scottish Government spokesman said last night: ‘We note the PIRC investigation and that they will provide a report to the SPA.
‘It would not be appropriate to comment on any current investigation.’