Police chief allowed to stay in post during ‘bullying’ inquiry
● Calls for Gormley to step aside over gross misconduct claim are rejected
Scotland’s most senior police officer will not be suspended from his duties while bullying allegations are investigated.
Chief Constable Phil Gormley could face dismissal if found to have committed gross misconduct while leading the national force.
There had been calls for the chief constable to “step aside” while the Police Investigations and Review Commissioner (Pirc) looks into the allegations. But last night the Scottish Police Authority (SPA) said such a move was “not appropriate”.
Mr Gormley, 54, a former deputy director of the National Crime Agency, was appointed chief constable of Police Scotland in December 2015.
In a statement, he said he “remained focussed” to leading the national force while the Pirc investigation is carried out.
But Scottish Liberal Democrat leader Willie Rennie said Mr Gormley should seek a leave of absence from the post while the allegation is looked into.
The SPA board, whose own chairman faced allegations of bullying before announcing his decision to
resign last month, yesterday held a special meeting to consider Mr Gormley’s suspension.
Deputy chair Nicola Marchant said: “At this stage, and having carefully considered and balanced the various investigatory and public interest criteria within the regulations, the SPA takes the view that a suspension is not appropriate. As with any process of this nature, that is an issue we will keep under review.
“While complaints and conduct issues relating to senior officers are handled within a clear set of guidelines and procedures, the circumstances behind each case are different and so therefore should any consideration of whether a period of suspension is appropriate.”
She added: “While we recognise the visibility and keen interest that comes with any allegation relating to an individual of this seniority, it is important for all those involved for the investigative process to be allowed to progress with diligence, proportionality and confidentiality.”
The SPA, which has previously been criticised for a subsequently reversed decision to hold meetings in private, said it was likely to be in the “public interest” for the outcomes of the investigation to be made public.
Earlier, Mr Rennie said that in order for the investigation to be conducted effectively, the chief constable should “step aside”. He said: “These allegations of gross misconduct are
WILLIE RENNIE
incredibly serious and require a thorough and prompt investigation. For that investigation to be conducted effectively, it will be necessary for the chief constable to seek leave of absence from his post. Any leave of absence should not imply acceptance of guilt.
“Previous cases in Scotland and other parts of the UK have set a precedent, where the person who has been under investigation has temporarily stepped aside.”
Scottish Labour justice spokeswoman Claire Baker said: “All allegations must be fully investigated and I’d urge the Police Investigations and Review Commissioner to be as transparent as possible.
“With the most senior police officer under investigation, it is vital that whatever the outcome the public maintains confidence in Police Scotland.”
Green MSP John Finnie added: “Allegations of this nature can be damaging to public confidence in the police and it’s therefore vital that a thorough investigation is undertaken and the full findings are published.”
Last week the SPA denied suggestions Mr Gormley, whose appointment runs until the end of next year, was preparing to leave.
It followed the announcement that Deputy Chief Constable Iain Livingstone, 50, who applied for the chief constable position, will retire in the autumn.
A spokesman for the Pirc said: “Following a referral by the SPA, the commissioner 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.
“The commissioner 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.
“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. As this is a live investigation, it would be inappropriate to comment further.”
Scottish Conservative justice spokesman Liam Kerr said: “It’s now essential that the Police Investigations and Review Commissioner is allowed to fully look into this matter and that there is full transparency as to what exactly has happened.”
Mr Gormley’s predecessor, Sir Stephen House, stood down amid mounting criticism of his force following a number of high-profile controversies.
Sir Stephen presided over rows on stop-search and armed policing and was in charge when Lamara Bell and John Yuill died in a crash on the M9. The couple spent three days in their car after police failed to properly log a call about the incident. Commenting on the investigation into Mr Gormley, a Scottish Government spokeswoman said: “We note the Pirc investigation and that they will provide a report to the Scottish Police Authority.
“It would not be appropriate to comment on any current investigation.”
“These allegations of gross misconduct are incredibly serious and require a thorough and prompt investigation”
The investigation of bullying claims against the chief constable of Police Scotland is a complex matter, so it is understandable that there have been calls for him to be suspended.
The allegations faced by Phil Gormley are serious, and both the Liberal Democrats leader Willie Rennie and former Association of Police Superintendents president Niven Rennie have urged him to step aside.
There is also a precedent of senior officers – albeit not this high in the ranks – being put on restricted duties while under investigation.
However, at present, we are at the stage of a complaint being made, rather than evidence of wrongdoing being presented. On that basis, Mr Gormley should not have to step down pending the results of the investigation.
If a senior figure such as the chief constable had to stand down automatically every time a complaint was lodged, the process would be open to abuse.
It should also be kept in mind that few police officers will get through their career without having a complaint lodged against them, whether internal or external.
The Scottish Police Authority, which holds the national force and its chief constable to account, has wisely left the door open to changing circumstances.
In its statement, it said the appropriateness or otherwise of suspension “is an issue we will keep under review”.
However, the decision to allow Mr Gormley to continue in his post requires the Police Investigations and Review Commissioner (Pirc) to conduct a transparent and swift investigation into the allegations.
Police Scotland has been dogged by a series of controversies since it was established four years ago, many of them involving its previous chief constable, Sir Stephen House.
Laying aside the rights and wrongs of the rows over issues such as stop and search and armed police on regular patrols, the reputation of the force was dented.
It has struggled further over the failure to properly log a call which led to a couple who died after a crash on the M9 being left in their car for three days.
The Gormley case must be cleared up, satisfactorily and without delay, so any uncertainty hanging over the leadership of Police Scotland does not drag on.
Pirc investigations often take a considerable time, but this one is urgent.