What is the Salmon process and why are we applying it?
The Salmon process takes its name from Lord Justice Salmon, who first set out the Salmon principles in 1966. The principles apply to the publication of reports from public inquiries and other statutory processes where individuals and/or organisations are criticised. As the Hillsborough investigations’ report may contain information that amounts to criticism of some individuals and organisations (both policing and non-policing), we have chosen to apply this process, the principles of which dictate that each person or body facing criticism should be given the opportunity to respond prior to publication. The Salmon process principles have been applied to a number of investigations across the IOPC.
As our Hillsborough investigation is the largest into alleged police misconduct and criminality in England and Wales, we have sought advice from bodies and individuals who have been involved in recent, high-profile inquiries to ensure best practice.
When will the process begin and how long will it take?
The Salmon process started in March 2023, when we began to send notifications in an incremental approach to those we propose to criticise. More than 2,300 individuals and/or organisations feature in our investigation but only some of these will form part of the Salmon process.
Only those we propose to name and criticise in our Hillsborough investigations’ report will form part of this process, and how we identify those individuals and organisations is under constant review.
Due to the considerable size of this task, we can’t predict exactly how long the process will take to complete, but we will provide progress updates when we are able to do so.
How will you inform those who are criticised?
The individuals and organisations we propose to criticise in the Hillsborough investigations’ report will receive a ‘Salmon letter’, which explains the process, provides a summary of the proposed criticisms made, and asks whether they wish to make any representations to us about the criticisms we intend to publish.
How long does a person have to respond?
An individual or organisation will have 28 days from the date written on the letter to respond. Applications to extend the response time can be made for the Hillsborough decision maker, Sarah Green, to consider.
We are reliant on others involved in the process responding in a timely manner. However, we will endeavour to ensure that the process runs as smoothly as possible while offering people a reasonable amount of time to respond.
What if someone doesn’t respond?
It is an individual’s or organisation’s choice whether they respond to notification that we propose to criticise them in the investigations’ report. If they respond after the allocated time they have been given, their responses are unlikely to be considered.
What happens to someone’s response?
Once individuals and organisations have had an opportunity to consider any proposed criticism, they may then respond to the Hillsborough decision maker who will determine what—if any—action to take. This may include whether any amendments to the investigations’ report need to be made or whether the responses should be published alongside the report.
Aren’t people already aware they’ve been criticised?
A number of former officers were made aware of proposed criticisms and had the opportunity to respond earlier in our investigations, having been served a formal notice, been interviewed as a subject or witness, or been previously sent a letter.
We are applying the Salmon principles to include those who have previously been served with a notice that they are being investigated for actions that could amount to alleged misconduct or criminality. This is to ensure they are clear about the proposed criticisms we intend to publish.
Can someone appeal the decision maker’s ruling?
No. There is not an opportunity to appeal a decision. Any representations must be made during the allocated time given in the ‘Salmon letter’ or otherwise agreed with the IOPC.
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.
