Update: 30 July 2019
With regard to the Regulation of Investigatory Powers Act (RIPA) investigation: We can confirm that this month (July 2019), following detailed assessments we served two further notices for gross misconduct. The serving of a notice is not a finding of guilt but to inform an officer, or member of staff, that they are under investigation and the level of severity.
With regard to the investigation concerning former PC Nadeem Saddique, all enquiries are now complete and our final report will be sent to Cleveland Police soon for their consideration.
This information has been added to the update provided in the May. All other information contained below remains the same
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Our investigation into allegations of discrimination and the use of RIPA by Cleveland Police has reached a significant milestone.
Operation Forbes, launched in February 2018, spans three areas of investigation. We are now in a position to provide an update on the operation’s progress:
PC Nadeem Saddique
This is an independent investigation following an employment tribunal, in November 2015, which concluded that PC Nadeem Saddique (now retired) was subject to racial discrimination. All enquiries are now complete, and our final report will soon be sent to the force for their consideration.
Regulation of Investigatory Powers Act (RIPA)
Important developments have been made in the investigation, managed by us and being carried out by West Midlands Police, regarding the use of the Regulation of Investigatory Powers Act (RIPA) by Cleveland Police. The use of RIPA was the subject of a 2017 Investigatory Powers Tribunal ruling, which found that Cleveland Police had in some cases used these powers unlawfully.
We can confirm that earlier this week (13 and 15 May 2019), following detailed assessments, notices of gross misconduct were served to seven Cleveland Police officers (five are now retired) and one member of staff.
This is not currently a criminal investigation. The serving of a notice is not a finding of guilt but to inform an officer, or member of staff, that they are under investigation and the level of severity.
Equality Review 2011
This is an independent investigation looking at complaints linked to how Cleveland Police carried out an Equality Review in 2011. These complaints, which include allegations of discrimination, were initially investigated by the Metropolitan Police Service. The investigation is ongoing but we can confirm no notices have been served and this is not a criminal investigation.
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The findings from Operation Forbes will be considered for publication when all areas of investigation are complete.
IOPC Regional Director, Miranda Biddle: “This remains a complex, multi-strand, operation. It continues to involve a considerable amount of evidence, which is why these investigations are taking time to complete; we must be thorough in our analysis and explore every available avenue.
“I’m well aware of the impact this operation is having on all those involved, but I’m pleased that we are moving forward and have now reached some significant milestones. Our work with the forces involved in this operation is productive, and their continued cooperation in these matters is acknowledged.
“With regard to the investigation relating to the use of the RIPA, the serving of the notices follows detailed conduct assessments. The decision to serve notices of such severity is not taken lightly, and must meet a specific threshold. We have very carefully considered the evidence available to us, at this time, and made the decision to investigate the actions of the identified police officers and member of staff.
“I would like to thank all those involved in Operation Forbes for their work so far.”
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.
Carried out by the police under their own direction and control. The IOPC sets the terms of reference and receives the investigation report when it is complete. Complainants have a right of appeal following a supervised investigation (unless it is an investigation into a direction and control matter).
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.
An intelligence-led agency with law enforcement powers, it is also responsible for reducing the harm that is caused to people and communities by serious organised crime.
Policing bodies include police and crime commissioners, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
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).
IOPC guidance to the police service and police authorities on the handling of complaints.
A complaint or recordable conduct matter that doesn’t need to be referred to the IOPC, but where the seriousness or circumstances justifies referral.
Parameters within which an investigation is conducted.
A person is adversely affected if he or she suffers any form of loss or damage, distress or inconvenience, if he or she is put in danger or is otherwise unduly put at risk of being adversely affected.
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.
A matter where no complaint has been received, but where there is an indication that a person serving with the police may have committed a criminal offence or behaved in a manner that would justify disciplinary proceedings.
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.
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.
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.
