Police (Unsatisfactory Performance and Attendance) Regulations (Northern Ireland) 2010

PART 4 UNSATISFACTORY PERFORMANCE OR ATTENDANCE HEARING

Arrangement of hearing

14.  A member authorised for the purpose or the human resources manager shall, not less than 21 days before the date fixed for the hearing, send a notice in writing to the member concerned—

(a) requiring him to attend the hearing at a specified time and place;

(b) stating the reasons why his performance or attendance is considered unsatisfactory;

(c) informing him that the hearing will be held under this Part and that he may be represented—

(i) either by counsel or a solicitor; or

(ii) by a member of a police force selected by him who may be a representative of a staff association; and

(d) warning him of the powers available to the chairman of the hearing to make a disposal in the event that he finds that the member’s performance or attendance has been unsatisfactory.

Procedure at hearing

15.—(1) Subject to paragraph (2)(a) the hearing shall be conducted by a member appointed for the purpose by the deputy chief constable and who is referred to in these regulations as the chairman of the hearing.

(2) The chairman shall be—

(a) a member or, if, at the request of the deputy chief constable, the chief officer of a police force in Great Britain (within the meaning of the Police Act 1996(1) or the Police (Scotland) Act 1967(2), as the case may be) agrees to provide a chairman, a member of that other force;

(b) of the rank of assistant chief constable; and

(c) a person who has neither attended nor otherwise been involved with the first interview or the second interview held in relation to the member concerned.

(3) The chairman may be assisted by up to two members who are of at least the rank of superintendent who shall act as assessors.

(4) As soon as the deputy chief constable has appointed the chairman, he shall arrange for a copy of any document—

(a) which was available to the interviewing officer in relation to the first interview;

(b) which was available to the countersigning officer in relation to the second interview; and

(c) which was prepared or submitted under regulation 12, 13 or 14, to be made available to the chairman and assessors at the hearing.

(5) Subject to the provisions of this regulation, the procedure at the hearing shall be such as the chairman may determine.

(6) The hearing shall be held in private.

(7) The chairman shall afford the member concerned a full opportunity of making representations in relation to the matters referred to in the notice sent under regulation 14.

(8) A verbatim record of the proceedings at the hearing shall be taken.

(9) The chairman shall prepare a written note summarising the proceedings at the hearing.

(10) Subject to regulation 16(1), if the member concerned does not attend the hearing or any adjournment thereof, the hearing may be proceeded with and concluded in his absence if it appears to the chairman just and proper to do so.

(11) Where, owing to the absence of the member concerned, it is not possible to comply with the whole or any part of the procedure described in this regulation or regulation 16, the case may be proceeded with as if that procedure had been complied with.

Postponement or adjournment of hearing

16.—(1) If the member concerned intimates to the chairman that he will be unable to attend the hearing, or in the absence of such intimation does not attend the hearing, and the chairman is satisfied that a good reason for non-attendance is given by, or on behalf of, the member concerned, he shall postpone or, as the case may be, adjourn the hearing.

(2) The chairman may also adjourn the hearing if, having given the member concerned the opportunity of making representations under regulation 15(7), he considers it appropriate to allow a further period for assessment of the member’s performance or attendance.

(3) Where the chairman adjourns the hearing for the purposes of paragraph (2), he shall—

(a) specify a period (not exceeding 3 months) during which the reporting officer and the countersigning officer shall assess the performance or attendance of the member concerned;

(b) fix a date on which the hearing shall resume; and

(c) require the member concerned to attend on a date at a specified time and place.

(4) Not later than 14 days after the date on which the period for further assessment specified by the chairman under paragraph (3)(a) ends—

(a) the reporting officer and the countersigning officer shall prepare a report containing their assessment of the performance or attendance of the member concerned during that period; and

(b) the countersigning officer shall send the report to the chairman and a copy of the report to the member concerned.

(5) At the continuation of the hearing the chairman shall afford the member concerned a full opportunity of making representations in relation to the matters referred to in the report mentioned in paragraph (4).

(6) Where, at the time the report mentioned in paragraph (4) is sent under paragraph (4)(b)—

(a) the chairman is absent, incapacitated or suspended from duty; and

(b) it is likely that his absence, incapacity or suspension will continue for a period of more than 28 days,

the deputy chief constable shall arrange for another member, being a member who would have been eligible for appointment as chairman under regulation 15(1) and (2) in relation to the hearing in question, to carry out in relation to the member concerned the functions of the chairman specified in paragraph (5) and regulations 17 and 18.

(7) References to the chairman in regulations 17 to 20 shall be construed as including any member appointed in accordance with paragraph (6) to carry out the functions of the chairman.

Finding

17.—(1) Subject to paragraph (2), at the conclusion of the hearing, the chairman shall reach a decision whether the performance or attendance of the member concerned—

(a) in the period specified in regulation 11(4)(d); or

(b) where the hearing was adjourned under regulation 16(2), over the whole of the period comprising the period specified in regulation 11(4)(d) and the further period specified by the chairman under regulation 16(3)(a), has been satisfactory or not.

(2) The chairman may, at the conclusion of the hearing, defer reaching his decision until a later time or date if it appears necessary to do so.

(3) The decision of the chairman shall state the finding and, where he has found that the performance or attendance of the member concerned has not been satisfactory, his reasons as well as any disposal which he makes under regulation 18.

(4) After recording his decision in writing, the chairman shall forthwith send a copy of it to—

(a) the member concerned;

(b) the human resources manager; and

(c) the deputy chief constable.

Disposal

18.—(1) If the chairman makes a finding that the performance of the member concerned during the relevant period has been unsatisfactory, he may—

(a) require the member concerned to resign from the police service either forthwith or on such later date as may be specified;

(b) order a reduction in rank with immediate effect and issue a written warning to him that unless a sufficient improvement in his performance is made within such a period as the chairman shall specify, he may, following consideration of his performance during that period in accordance with regulation 19, be required to resign from the police service forthwith or on such later date as may be specified; or

(c) issue such a warning as is mentioned in sub-paragraph (b).

(2) Where a disposal under paragraph (1)(a) or (3)(a) is made and where the member concerned has not resigned from the police service in accordance with that requirement, the effect of the disposal shall be to dismiss the member concerned from the police service either forthwith or on the date which was specified by the chairman.

(3) If the chairman makes a finding that the attendance of the member concerned during the relevant period has been unsatisfactory, he may—

(a) make the disposal mentioned in paragraph (1)(a);

(b) in a case where it is established that insufficient support has been given to the member concerned during the relevant period in order to assist him to return to work, specify such measures as must be taken in order to give him sufficient support in order to assist him to return to work;

(c) issue a written warning to the member concerned that, unless sufficient improvement in his attendance is made within such a period as is specified, he may, following consideration of his attendance during that period in accordance with regulation 20, be required to attend a second unsatisfactory performance or attendance hearing at which he may be required to resign from the police service;

(d) in a case where it is established that the member’s duties within the police service contributed directly to his unsatisfactory attendance record, order the member to be redeployed to alternative duties (which may involve a reduction in rank) within the police service with immediate effect.

(4) Where a disposal is made under paragraph (3)(b) or (d), the member concerned shall be issued with a written warning that unless a sufficient improvement in his attendance is made within such a period as is specified, he may, following consideration of his attendance during that period in accordance with regulation 20, be required to attend a first interview, a second interview or an unsatisfactory performance or attendance hearing, as specified by the chairman.

Assessment of performance following hearing

19.—(1) This regulation applies where the member concerned has been given a written warning under paragraph (1)(b) or (c) of regulation 18.

(2) Not later than 14 days after the end of the period specified in the warning, the reporting officer and the countersigning officer shall—

(a) assess the performance of the member concerned during that period;

(b) cause to be prepared a report on the performance which shall be submitted to the chairman; and

(c) send a copy of the report to the member concerned and inform him that he may submit written comments to the chairman not later than 7 days after the date on which the member received the report.

(3) The chairman—

(a) shall consider the report and any recommendation contained in it;

(b) shall consider any written comments made by or on behalf of the member concerned under paragraph (2)(c); and

(c) if he is satisfied that there has been an insufficient improvement in the performance of the member concerned, shall require the member to resign from the police service with effect from the end of the period of one month after the date on which the notification of the decision is made; or

(d) if he is satisfied that there has been sufficient improvement in performance, shall record that decision and direct that no further proceedings shall be taken under these regulations in relation to the period specified in the warning.

(4) The chairman shall record his decision in writing and shall forthwith send a copy of it to—

(a) the member concerned;

(b) the reporting officer;

(c) the countersigning officer;

(d) the human resources manager; and

(e) the deputy chief constable.

(5) Where the chairman requires the member to resign pursuant to paragraph (3)(c) and the member has not resigned from the police service in accordance with the requirement, then the effect of the decision shall be to dismiss the member from the police service with effect from the end of the period of one month after the date on which notification of the decision was made under paragraph (4).

(6) Where, at the time the report is submitted under paragraph (2)(b)—

(a) the chairman is absent, incapacitated or suspended from duty; and

(b) it is likely that his absence, incapacity or suspension will continue for a period of more than 28 days,

the deputy chief constable shall arrange for another member, being a member who would have been eligible for appointment as chairman under regulation 15(1) and (2) in relation to the hearing in question, to carry out in relation to the member concerned the functions of the chairman specified in this regulation.

(7) References to the chairman in regulations 17 and 18 shall, in relation to a request made under regulation 21(2), be construed as including any member appointed in accordance with paragraph (6) to carry out the functions of the chairman.

Assessment of attendance following hearing

20.—(1) This regulation applies where the member concerned has been given a written warning under regulation 18(3)(c) or (4).

(2) Not later than 14 days after the end of the period specified in the warning, the reporting officer shall—

(a) assess the attendance of the member concerned during that period;

(b) cause to be prepared a report on the attendance; and

(c) send a copy of the report to the member concerned.

(3) Where the report prepared under paragraph (2)(b) concludes that the attendance of the member concerned has been satisfactory during the period specified in the warning, no further action shall be taken in respect of that attendance during that period.

(4) Where the report prepared under paragraph (2)(b) concludes that the attendance of the member concerned has been unsatisfactory or has made insufficient improvement during that period, the countersigning officer—

(a) in a case where the member concerned has been given a written warning under regulation 18(3)(c), may require the member concerned to attend an unsatisfactory performance or attendance hearing in accordance with regulation 14; and these regulations shall have effect for the purposes of attendance of the member concerned during that period as if he had been required to attend an unsatisfactory performance or attendance hearing under regulation 14;

(b) in a case where the member concerned has been given a written warning under regulation 18(4), may require the member concerned to attend a first interview, second interview or an unsatisfactory performance or attendance hearing as specified by the chairman under regulation 18(4); and these regulations shall have effect for the purposes of attendance of the member concerned during that period as if he had been required to attend a first interview under regulation 5, a second interview under regulation 9, or an unsatisfactory performance or attendance hearing under regulation 14, as the case may be.

(1)

1996 c.16.

(2)

1967 c.77.