The Scotsman

Police chief ‘told he would return’

● Phil Gormley told by authority that a ‘bit more time’ was needed

- By CHRIS MARSHALL Home Affairs Correspond­ent

Former Chief Constable Phil Gormley was told a “bit more time” was needed to organise his return to work the day after an interventi­on by the justice secretary.

Correspond­ence obtained by The Scotsman shows the then Scottish Police Authority (SPA) chairman Andrew Flanagan e-mailed the chief constable on 10 November to remove any “dubiety” about his situation.

Mr Gormley resigned with immediate effect last month while subject to five separate investigat­ions by the Police Investigat­ions and Review Commission­er (Pirc) into alleged gross misconduct.

Appearing before MSPS in January, Mr Flanagan said the SPA board had approved the senior officer’s return to work before being told it was a “bad decision” by Justice Secretary Michael Matheson on 9 November.

In a letter sent via e-mail to Mr Gormley dated 8 November, then SPA chief executive John Foley wrote: “Further to your discussion­s with the chair, I am writing to confirm that the board have considered your leave arrangemen­ts in light of your confirmati­on that you have completed your preparatio­ns in relation to the complaints referred to Pirc and that you are fit and available for work.

“The board has decided to, therefore, rescind your leave period and this letter is to provide the 14-day notice required under our agreement.

“However, we believe it would be beneficial if you return to duty as soon as practicabl­e. I understand you have indicated to the chair a willingnes­s

0 Former Chief Constable Phil Gormley resigned on 7 February with ten months to run on his contract to return on Friday November 10.”

The following day, Thursday 9 November, Mr Flanagan e-mailed Mr Gormley to tell him a communicat­ions plan would be created ahead of his return.

He added: “We will need to consider how we ensure your and the complainan­ts’ interests are protected.”

A little over an hour later, Mr Gormley replied from his iphone: “Agreed. Thank you.”

But the following day, after meeting Mr Matheson, Mr Flanagan e-mailed the chief constable again: “Further to our earlier discussion­s and letter, we need to take a bit more time to organise your return.

“So that there is no dubiety, the board has agreed to a further extension of your leave from the 3rd of November for a four-week period ending on December 1. We will keep you up to date as we make progress.”

Mr Gormley resigned on 7 February with ten months to run on his contract, saying it had become clear we could not resume his role in a “meaningful way”. The Pirc investigat­ions into his conduct ceased at that point, with the chief constable continuing to reject the allegation­s against him.

Earlier this week, the new chair of the SPA, Susan Deacon, confirmed the next chief constable will not be in post until the end of the year, with the recruitmen­t process expected to begin in the summer.

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