A former Humberside detective who was found to have repeatedly failed to properly investigate reports of crime following an Independent Office for Police Conduct (IOPC) investigation into six of his cases has been barred from working as a police officer again.
Gross misconduct was found proven against former DC Philip Payton at a hearing that concluded yesterday (22 March). The panel ruled he would have been dismissed without notice had he not already resigned.
Our investigation looked at the handling of six investigations he led between 2015 and 2017, all involving vulnerable complainants and victims.
DC Payton provided dishonest updates to families and colleagues, missed significant evidential opportunities and recorded crime logs incorrectly while investigating sexual assault and rape allegations. His mistakes meant investigations stalled and in several cases it was only after a different detective was appointed to take charge that perpetrators were prosecuted.
On one investigation DC Payton arranged for officers to search the home of a suspected rapist where a number of electronic items are taken away as evidence. Despite being made aware that at least one of the devices appeared to contain traces of indecent images of children, DC Payton authorised for much of the property to be returned. He then failed to disclose this fact to supervisors.
While in charge of an investigation into money stolen by a woman from her vulnerable parents, DC Payton failed to process and manage case material adequately or progress relevant lines of enquiry. He also failed to submit files to the Crown Prosecution Service (CPS) to review.
DC Payton failed to process and manage case material or submit files to the CPS in a sexual abuse investigation. On that occasion he also failed to update the victim about the investigation. In both cases, it was only after other detectives were appointed to lead the investigations, after Humberside Police became aware of concerns about his competence, that the offenders were charged and prosecuted.
During interviews with investigators, DC Payton provided no comment when asked about his actions. In a prepared statement he stated how he felt unsupported and overworked but evidence showed he was applying for additional responsibilities at the time and supervisors had met with him to try and help manage any workload problems.
Humberside Police referred five of the investigations in May 2017 after a sergeant identified concerns, citing a lack of action and ineffective investigation. We received a sixth referral from the force in September 2017 following a complaint from a member of the public.
Our investigation concluded in May 2020 and we shared our findings with the force and the complainants. We also referred the case to the CPS to consider charges relating to the distribution of indecent images of a child. After considering the case, the CPS decided not to authorise any charges.
At the two-day hearing, former DC Payton was found to have breached the police standards of professional behaviour relating to duties and responsibilities; authority, respect and courtesy; and honesty and integrity. He resigned from the force earlier this month.
IOPC Regional Director Miranda Biddle said: “DC Payton’s handling of these investigations fell so far below the standards of what members of the public are entitled to expect and his failures have had a devastating impact on the families involved. Had it not been for the actions of his colleagues in identifying and rectifying this litany of mistakes, his incompetence might have resulted in serious crimes going unpunished.
“He has at no point taken responsibility for his extremely poor performance and this kind of response severely erodes trust and confidence in the police and anyone who behaves in such a way can have no place in policing.
“We have been assured that Humberside Police have subsequently undertaken an internal review and implemented additional supervision approaches to ensure that concerns are flagged and addressed to prevent such failures reoccurring.
“My thoughts go out to all those who have been affected during the course of these investigations and I thank the newly assigned detectives on some of the investigations who have demonstrated a commitment to securing justice for families.”
Former DC Payton will now be added onto the National College of Policing’s barred list which prohibits him from working within policing.
An act of parliament that provides the core framework of police powers to combat crime and provide codes of practice for the exercise of these powers.
Leads and manages the development of the police service in England, Wales and Northern Ireland.
The body that represents the interests of all police constables, sergeants, and inspectors.
Deals with someone’s inability or failure to perform to a satisfactory level, but without breaching the Standards of Professional Behaviour.
Focuses on putting an issue right and preventing it from happening again by encouraging those involved to reflect on their actions and learn. It is not a disciplinary process or a disciplinary outcome.
Department within a police force that deals with complaints and conduct matters.
Refers to lower-level misconduct or performance-related issues, which are dealt with in a proportionate and constructive manner.
This means doing what is appropriate in the circumstances, taking into account the facts and the context in which the complaint has been raised, within the framework of legislation and guidance.
The average is calculated using the individual results of the forces in that most similar force group.
An investigation carried out by IOPC staff.
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This act sets out how the police complaints system operates.
How a police force is run, for example policing standards or policing policy.
An investigation carried out by the police under the direction and control of the IOPC.
The organisation that is responsible for assessing how to deal with a complaint. For example – whether it can be handled locally or reaches the criteria for referral to the IOPC. The appropriate authority may be the chief officer of the police force or the PCC for the force. If a complaint investigation finds that someone has a case to answer for misconduct, the appropriate authority is responsible for arranging any misconduct proceedings. If you make a complaint, the appropriate authority for your case will contact you.
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Investigations carried out entirely by the police. Complainants have a right of appeal following a local investigation (unless it is an investigation into a direction and control matter).
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This is where a manager deals with the way someone has behaved. It can include: showing the police officer or member of staff how their behaviour fell short of expectations set out in the Standards of Professional Behaviour; identifying expectations for future conduct; or addressing any underlying causes of misconduct.
This could be the Police and Crime Commissioner, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A breach of standards of professional behaviour by police officers or staff so serious it could justify their dismissal.
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Quarter 1 covers 1 April - 30 June
Quarter 2 covers 1 April - 30 September
Quarter 3 covers 1 April - 31 December
Quarter 4 covers the full financial year (1 April - 31 March).
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
Used to house anyone who has been detained.
Complainants have the right to appeal to the IOPC if a police force did not record their complaint or notify the correct police force if it was made originally to the wrong force.
The purpose of an investigation is to establish the facts behind a complaint, conduct matter, or DSI matter and reach conclusions. An investigator looks into matters and produces a report that sets out and analyses the evidence. There are three types of investigations: local, directed and independent.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
A person who makes a complaint about the conduct of someone serving with the police.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
List of officers and staff who have been dismissed from policing, or would have been if they had not retired or resigned.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
An independent judicial officer, the coroner enquires into deaths reported to him/her.
A breach of the Standards of Professional Behaviour that would justify at least a written warning.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
A record is made of a complaint, giving it formal status as a complaint under the Police Reform Act 2002.
This is a format where information is written in plain English and short sentences.
The IOPC must be notified about specific types of complaint or incidents to be able to decide how they should be dealt with.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
Casework involves assessing appeals. Casework staff also have a role in overseeing the police complaints system to help ensure police forces handle complaints in the best possible way.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
Conduct includes acts, omissions, statements and decisions (whether actual, alleged or inferred). For example: language used and the manner or tone of communications.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
