Office of the Police and Crime Commissioner for Bedfordshire

Office for the Police and Crime Commissioner for Bedfordshire Bedfordshire Police Headquarters, Woburn Road, Kempston, Bedford MK43 9AX

28 June 2019

Dear Chief Constable Bill Skelly Email: [email protected]

The Office of the Police and Crime Commissioner (OPCC) for Bedfordshire has received a complaint against Chief Constable Jon Boutcher. The OPCC has made a recording decision and decided that the complaint be recorded however we completed a voluntary referral to the Independent Office for Police Conduct (IOPC).

The OPCC had been previously informed that if any Chief Constable complaint is received mentioning ‘Op Kenova’, then this be referred to the IOPC.

The OPCC has received feedback from the IOPC stating:

The IOPC has decided that this matter should be returned to you to be dealt with in any manner you may determine appropriate. This is because based on the information provided, we did not feel independent oversight, or a direction for a local investigation, was required at this stage.

It is noted that this complaint matter has been brought to the attention of the IOPC following an agreement that complaints regarding the Chief Constable and Op Kenova will be subject to a referral. However, after considering the complaint, it appears that the substance of Mr XXXXXXXXX allegations do not concern Op Kenova. As a result, this matter is returned to you without a formal direction for an investigation. Therefore the complaint can be handled as you see appropriate.

If at any point following this decision the appropriate authority or person appointed to investigate identifies new evidence to suggest that Article 2 or Article 3 ECHR may be engaged, or any other matter which might merit this decision being reconsidered, the matter should promptly be re-referred.

On re-assessing the complaint we believe the complaint needs to be investigated.

I am writing to you to seek agreement that you would be able to assist and complete the investigation in accordance with the IOPC guidelines ‘If a PCC determines that the complaint is not suitable for LR, the PCC must make arrangements for the complaint to be subject to a formal investigation7. The PCC is required to appoint a police officer or member of police staff who is not under the direction and control of the Chief Constable complained against to investigate the complaint8. In the case of MOPAC, the investigator must be nominated by the Secretary of State. Further guidance on complaint investigations can be found in section 9 of the IPCC Statutory Guidance - If the PCC decides, on the preliminary evidence, that the complaint does not need to be referred to the IPCC (and it does not want to make a voluntary referral) and is not suitable for disapplication or local resolution, then it must be investigated. An investigating officer should be appointed who will assess the seriousness of the complaint. More details about the different types of investigation can be found in the fourth issue of Focus – decisions at the beginning of an investigation. PCCs outside London must appoint a police officer or member of staff from an external police force who has the appropriate skills to conduct the investigation for them. For the Mayor’s Office for Policing and Crime (MOPAC), the investigating officer must be appointed by the Secretary of State3. It is important to note that the provisions within the Police Act 19964 for collaborative working do not include agreements between PCCs and chief officers to transfer direction and control. Direction and control can only be exercised by chief officers and can only transfer between chief officers. Therefore, any police officer or member of staff working for the PCC remains under the formal direction and control of their chief officer and cannot be appointed to conduct investigations into their chief officer.’

There is an aggravating factor which I also need to address with you, there is another complaint which has been received by the Bedfordshire Police Professional Standards Department, which is a complaint against ACC Paul Fullwood with similar allegations. The OPCC and PSD have agreed that both complaints need to be sent to an outside Force for investigation to ensure the investigation is completed independently.

The IOPC guidelines state that if there are multiple authorities:

When a PCC’s office receives a complaint that includes the chief officer and a number of other police officers, they can only make a recording decision about the allegations against the chief officer and must pass the other allegations to the force for a recording decision. Communication is very important and the PCC’s office and the force should decide whether they want to issue a joint recording decision letter, or two different letters – clearly identifying how the complaint has been divided up.

How the complaint is progressed will depend on whether the seriousness of the allegations vary significantly between the chief officer and the other officers. If the allegation against the chief officer is capable of local resolution and can be answered quickly before the substantive issues within the complaint are then addressed, then it might be appropriate for the PCC’s office to give their decision on the chief officer separate to the decision on the main part of the complaint. On the other hand, if all of the allegations are serious and require an investigation, and the actions of the chief officer cannot be practically separated from the other officers, the most appropriate course of action may be that the entire investigation is handled by an external force (rather than have an external force and the home force running an investigation into the same incident at the same time). Even though there is one investigation being done, it will require two formal decisions at the end – one by each appropriate authority. However, it might be good practice to combine the two decisions into one decision letter.

This would require your Force to complete both investigations, we appreciate this is a significant piece of work, however we are tied by advice given by the IOPC to seek help from an outside Force.

Would you please be able to let me know if you are able to complete the investigations as soon as possible. I can be contacted via the following email address [email protected] or using the following telephone number 01234 842310.

Yours sincerely,

Clare Kelly Chief of Staff - Office of the Police and Crime Commissioner for Bedfordshire