Guidance

Police, fire and crime panels guidance

Updated 16 June 2023

Applies to England and Wales

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Foreword

Through its manifesto, this government made a commitment to strengthen the accountability of Police and Crime Commissioners (PCCs) and expand their role. PCCs are the bedrock of our system of local policing governance and play a critical role in reducing crime and ensuring the efficient and effective delivery of frontline public services across policing and fire and rescue services.

A vital part of the scrutiny model in place for PCCs is the role played by Police, Fire and Crime Panels. Through part one of the PCC review, the Home Office determined that panels have the right and proper powers at their disposal to scrutinise PCCs effectively and ‘shine a light’ on the PCC’s progress against their Police and Crime Plan, providing transparency to the public and enabling them to hold their PCC to account at the ballot box.

Nonetheless, I am aware that the need for better guidance and training for panels has been regularly highlighted by policing stakeholders as an important area to address. This should enable panels to perform their role more effectively, providing constructive support and challenge to PCCs and acting as a critical friend where needed. That is why, following the conclusion of part one of the review, we committed to working alongside the Local Government Association to develop a good governance training package for panels.

I am therefore delighted to introduce this new guidance for panels in England and Wales which has been produced by the Home Office, in conjunction with Dods Group Ltd.

This new guidance is designed for three audiences within the panel structure – chairs, members and supporting officers – and provides practical information about the statutory roles and responsibilities of panels, along with what good, effective scrutiny looks like.

It is supplemented by several quick reference guides to highlight good practice, alongside a suite of new digital learning resources. Together, these resources define the essential roles, responsibilities and behaviours that are required to provide consistently effective scrutiny.

There now exists a steadily growing depository of guidance for panels, which this new publication is designed to complement and sit alongside. I sincerely hope that panel members will continue to benefit from these educational resources and demonstrate the practical application of this learning in local police force areas.

I want to finish by thanking panel members across England and Wales for your continued commitment to effective scrutiny, good governance and public service. The role you play is a vital one for the health and integrity of local democracy. I do hope you will draw on this new guidance as an essential tool to help strengthen PCC accountability and improve transparency as we continue our shared mission to cut crime and deliver the safer streets the public deserve.

The Rt Hon Kit Malthouse MP Minister of State for Crime, Policing and Probation

Policing in the UK

There are 43 territorial police forces across England and Wales, a national police force in both Scotland and Northern Ireland, and three specialist police forces (the British Transport Police, the Civil Nuclear Constabulary and the Ministry of Defence Police).

By and large, policing is a devolved matter in Scotland and Northern Ireland. The Scottish Government and the Northern Ireland Executive are responsible for deciding how most police services are organised and managed in their nations. Policing in the UK offers a brief introduction to UK police forces.

The 43 territorial police forces across England and Wales consist of 39 Police and Crime Commissioners (PCCs), two Combined Authority Mayors, the Mayor of London and the City of London Police Authority.

This guidance is primarily designed for the 41 Police, Fire and Crime Panels across England and Wales, who have either a PCC or a Combined Authority Mayor with PCC functions overseeing the police force in their area.

Hereafter, any references to ‘panel’ or ‘panels’ should be read as applying to both Police and Crime Panels, and Police, Fire and Crime Panels. Distinctions in the remit or function of the particular type of panel being referred to are included in this guidance document.

Purpose of Police, Fire and Crime Panels

The Police, Fire and Crime Panel’s role is to scrutinise the actions and decisions of their PCC, providing both support and challenge, acting as a critical friend.

Panels meet publicly where possible to ensure transparency, ensuring information is available to the electorate and enabling the public to hold their PCC to account.

Panels have a wide remit to review or scrutinise decisions made, or other action taken, by the PCC in connection with the discharge of the commissioner’s functions. Panels have oversight of the PCC’s key documents, decisions and reports, requiring them to provide information and answer any questions which the panel considers necessary.

They make recommendations on the Police and Crime Plan and annual report, which the PCC must take account of and respond to. Where the PCC has responsibility for fire, they will consider the Fire and Rescue Plan. Panels must publish any reports or recommendations made to the relevant PCC.

Panels do not have a mandate to make executive decisions, as that would undermine the elected PCC who is directly accountable to the people they serve.

Responsibilities and expectations of chairs, members and supporting officers

Panel chairs, members and supporting officers each have different roles with a shared goal: to apply consistently effective scrutiny of PCCs within their local context to deliver better outcomes for the public.

Panel chairs

Chairs manage panel meetings in a non-partisan way, concentrating on scrutinising plans and decisions to support and challenge the PCC. Chairs ensure that discussions include input from all, helping conflicting viewpoints to be heard without becoming confrontational.

Panel chairs have an important role to identify and agree a programme of scrutiny, with a forward plan to support and challenge the PCC to deliver against their Police and Crime Plan. Panel chairs act as a conduit between supporting officers and panel members. They ensure that members receive information from supporting officers to make informed decisions about areas on which to focus their scrutiny. Chairs also work with supporting officers to identify emerging issues and set the agenda for each panel meeting.

Panel chairs are expected to plan for formal and informal scrutiny meetings and groups by reading reports, preparing lines of enquiry and undertaking personal research. They contribute to questioning strategies at the panel, as well as asking questions themselves. They also provide advice to the panel on rules of procedure during meetings.

Chairs act clearly and authoritatively to enforce meeting rules and encourage inclusive, focused and balanced participation. They manage the agenda by introducing items, summarising debate, focusing on outcomes and limiting discussions which do not contribute to the outcomes. Chairs have an important role to ensure that members of the public feel welcome, understand the meeting purpose and recognise how they can contribute.

As well as providing direction and enabling decisions to be reached, chairs also ensure that follow-up actions are taken outside of panel meetings, and that panel resources are used in the most effective way. This includes developing good working relationships with the panel, and identifying and deploying specialist knowledge, skills, experience and expertise to deliver consistently effective scrutiny of PCCs within their local context.

Panel members

Panel members are a critical friend to the PCC, offering a balance of support and constructive challenge using appropriate data, evidence and resources.

The statutory roles of panel members are:

  • scrutinising decisions and actions taken by the PCC
  • reviewing the PCC’s draft Police and Crime Plan (and Fire and Rescue Plan where appropriate) and annual report
  • reviewing the PCC’s annual proposed precept
  • reviewing the proposed appointment of senior staff
  • resolving non-criminal complaints about the conduct of the PCC
  • making reports or recommendations to the PCC as needed

Members are often required to interpret complex written material, including financial and statistical information and performance measures, to identify the questions they may wish to put to the PCC and other witnesses. Members need to establish and develop good relationships with the panel chair, other members, co-optees and supporting officers to identify and deploy specialist knowledge, skills, experience and expertise effectively.

At panel meetings, members ask questions of the PCC and any witnesses to contribute to achieving an open, accountable and transparent decision-making process. Members listen carefully and question in a way which is non-judgmental, respects confidentiality and helps the panel to make practical suggestions for improvements in services.

Members take a balanced, objective and open-minded approach, challenging constructively but without becoming confrontational. Members must often rise above the detail and view issues from a wider, more strategic and forward-looking perspective, making any appropriate linkages. In order to do this, they must develop a good understanding of the PCC’s responsibilities and their Police and Crime Plan commitments. Members of a Police, Fire and Crime Panel must develop a good understanding of the Fire and Rescue Plan, and may wish to consider co-opting members with fire knowledge to help them.

Members are required to communicate effectively, both verbally and in writing, with other members of the panel, the PCC, representatives of partner organisations and the public. Members often assist in the preparation of reports and the formulation of recommendations for the PCC.

Supporting officers

Effective supporting officers are vital to effective scrutiny. They provide independent and impartial advice to chairs and members.

Their experience, knowledge and collective memory enable panels to develop and sustain their input regardless of member changes. They ensure the smooth running of all panel meetings and activities through a broad range of support and advisory functions, including:

  • arranging and planning panel meetings, liaising with chairs, members and the Office of the Police and Crime Commissioner (OPCC)
  • preparing questioning strategies for the panel and providing advice to members during meetings
  • co-ordinating panel requests and supporting chairs and members by conducting research and providing advice
  • offering analytical and drafting support to the panel, enabling members to understand information and carry out their roles
  • ensuring access to expert advice in finance, procurement, public safety and other technical areas
  • managing any complaints made against the PCC and Deputy PCC with the delegated authority of the panel, and liaising with the Independent Office for Police Conduct where appropriate
  • arranging confirmation hearings for senior appointments, such as the Chief Constable, Deputy PCC, Chief Executive and Chief Finance Officer
  • reviewing statutory requirements and guidance for panels and any changes to the legislation that may impact on their work, amending panel procedures where appropriate
  • liaising with the Local Authority Monitoring Officer on code of conduct matters for panel members
  • providing ongoing training to the panel, including to new members
  • monitoring expenditure on panel budget, ensuring that allowances and expenses paid to panel members are permitted
  • liaising with the Home Office on the administration of the grant stream, including processing mid-year and end-of-year claim requests
  • ensuring that the panel website is up to date and has relevant information for the public to understand the work of the panel, including membership arrangements, reports from previous meetings and webcast provision (where applicable)

Achieving a balance between scrutiny and support

Scrutiny is not an inspection or disciplinary process. It is a process used to explore an issue objectively, in detail and for a particular purpose.

Panels are encouraged to operate using the four principles of good public scrutiny, outlined by the Centre for Governance and Scrutiny.

  1. Providing a ‘critical friend’ challenge.
  2. Reflecting the voice and concerns of the public.
  3. Taking the lead and owning the scrutiny process.
  4. Making an impact on the delivery of public services.

A panel is effective when there is a clear understanding by the chair, members and supporting officers as to what the panel’s role, authority and powers are. This enables members to focus on where they can add value, providing the right level of assurance and support to the PCC.

To achieve a balance between scrutiny and support, members and supporting officers should work to develop constructive relationships with the OPCC, together with a good understanding the PCC’s responsibilities and Police and Crime Plan commitments.

A panel will fulfil its scrutiny role more effectively with a programme to direct its work. To build a programme, the chair should work with panel members and supporting officers to:

  • meet informally to generate ideas for the components of a work programme – it can be helpful to liaise with the OPCC to ensure that forward plans are aligned with those of the PCC
  • ensure the work programme includes adequate time to:
    • conduct the panel’s statutory tasks
    • scrutinise the budget and how it reflects the priorities in the Police and Crime Plan
    • ask questions about the strategy, outcomes, and how the plans and budgets are linked to delivering an effective and efficient police service for local people
    • seek external feedback from victims’ support groups, the Victims’ Commissioner and other local stakeholders
    • structure visits, presentations and external engagements on key aspects of the service
    • include sufficient meetings to spread the work and avoid information overload – early informal briefings to explain data, reports and other information can be helpful

Roles and powers of panels

The powers and responsibilities of panels are set out in sections 28 to 30 and sections 32 to 33 of the Police Reform and Social Responsibility Act 2011 (hereafter ‘the 2011 Act’), and in schedules 1, 3, 5, 7 and 8.

Taken together, they give panels the authority to:

  • scrutinise all decisions or actions in connection with the discharge of the PCC’s functions
  • veto Chief Constable appointments (with a two-thirds majority)
  • veto the proposed precept (the panel may only veto the first proposed precept, which requires a two-thirds majority)
  • require the PCC to provide information and answer questions (at reasonable notice)
  • make reports and recommendations on the Police and Crime Plan and annual report, which the PCC must take account of and respond to
  • hold public meetings to discuss the annual report and to question the PCC on its contents
  • carry out confirmation hearings when a PCC proposes to appoint a Chief Constable (and Chief Fire Officer, where appropriate), a Deputy PCC, a Chief Executive or a Chief Finance Officer
  • work to resolve non-criminal complaints made about the PCC
  • publish all reports and recommendations that it makes
  • suspend the relevant PCC if they are charged with an imprisonable offence which carries a maximum term of two years or more
  • appoint an acting PCC if the elected one cannot carry out their role due to incapacitation, suspension, resignation or disqualification
  • play a role in any call made by a PCC for a Chief Constable to resign or retire under section 38 of the 2011 Act

Police, Fire and Crime Panels

Under powers in the Policing and Crime Act 2017 (hereafter ‘the 2017 Act’), PCCs are able to take on responsibility for fire and rescue services in their force area, where there is local agreement, and become the Fire and Rescue Authority. Where PCCs take on these functions, they become known as Police, Fire and Crime Commissioners (PFCCs). Similarly, panels in those areas will have a name change to Police, Fire and Crime Panels, as set out in the 2017 Act.

A PCC who wants to take on responsibility for their local fire and rescue service is currently required to develop a robust business case which sets out how the change in governance is in the interests of economy, efficiency effectiveness and public safety. The PCC must also consult on the business case locally before submitting it to the Home Secretary for approval.

To date, the following four areas have taken on responsibility for fire and rescue services:

  • Essex
  • Northamptonshire
  • North Yorkshire
  • Staffordshire

Additional functions

New requirements placed on Police, Fire and Crime Panels under the Policing and Crime Act 2017 are as follows:

  • scrutinising the PFCC’s Fire and Rescue Authority responsibilities
  • scrutinising the Fire and Rescue Plan and making reports or recommendations to the PFCC
  • reviewing the fire and rescue statement, including arranging a public meeting as soon as practicable after receiving the statement, and asking appropriate questions of the PFCC at the meeting
  • requiring the PFCC to provide any information necessary to allow the panel to carry out its functions
  • requiring the PFCC and staff to provide information or attend panel meetings
  • confirming the appointment of the chief fire officer
  • scrutinising the fire and rescue precept

Combined Authority Mayors

Currently, there are two directly elected Combined Authority Mayors who exercise PCC functions, those being West Yorkshire and Greater Manchester (as well as the Mayor of London, who holds the equivalent of PCC functions for the Metropolitan Police area).

Police and Crime Panels scrutinise Mayors and Deputy Mayors for Policing and Crime with respect to their exercise of PCC functions, in the same way they scrutinise PCCs. The combined authority does not have a role in scrutinising the mayor in relation to their PCC functions.

London Police and Crime Committee

The Police and Crime Committee has similar functions to panels in England and Wales, with some exceptions. The committee is required to:

  • review the draft Police and Crime Plan and annual report
  • put questions to the Mayor’s Office for Policing and Crime at public meetings
  • hold confirmation meetings in respect of the proposed candidate for Deputy Mayor for Policing and Crime
  • address conduct complaints about the Mayor’s Office for Policing and Crime and the Deputy Mayor for Policing and Crime

The Metropolitan Police Commissioner does not need a confirmation hearing by the Police and Crime Committee, as this position is by royal appointment.

City of London

The Police Authority for the City of London Police is formed of the Court of Common Council of the City of London Corporation. The court delegates this duty largely to the Police Authority Board, except for the appointment of the Police Commissioner. The board scrutinises the work of the City of London Police, holding the commissioner to account, setting policing priorities and ensuring value for money.

Panel arrangements

Panel administration

Each panel is hosted by a local authority within the police force area, known as the ‘host authority’. The host authority is responsible for establishing and maintaining a panel, and is always represented on the panel.

The host authority ensures that resources are available so the panel can hold meetings and carry out their business. Grant funding is paid by the Home Office to host authorities in arrears, set out in an annual grant agreement. Grant recipients must demonstrate expenditure and forecast out-turn, detailing progress against key performance indicators to claim the grant funding.

In addition, the host authority must provide administration support, legal advice, communications and democratic services support to the panel. The host authority also makes any relevant requests on behalf of the panel to the Home Office – for example, membership change requests or mid-year grant claim requests.

In most cases, panels are required to conduct their meetings where members of the public are also able to attend or watch via webcast. There are particular times when a panel meeting may need be conducted in private – for example, when dealing with certain complaints or the section 38 process (removal of a Chief Constable).

On average, panels meet between four and six times per year, with a statutory obligation to hold four public meetings each year. Some may meet more often, depending on their work programmes. All agendas and minutes are published on either the panel’s own website or the host authority’s website.

Rules of procedure

Under schedule 6 of the 2011 Act, a panel must have rules of procedure which make provision for the appointment, resignation and removal of a panel chair. The rules of procedure include the method of making decisions and the formation of sub-committees. A sub-committee of a panel may not co-opt members.

Additionally, the rules of procedure might comprise of:

  • a memorandum of understanding between the PCC and the panel
  • specified terms of office for panel members
  • procedures to monitor and track panel performance
  • reporting arrangements between elected panel members and their respective local authorities
  • engagement by members of the public with the work of the panel
  • information on resourcing and allowances

Panel membership

A panel is made up of local authority members, along with a minimum of two independent co-opted members.

There is at least one elected representative (councillors or, where relevant, elected mayors) from each local authority within the force area, with a minimum of 10 elected representatives on the panel in total. In areas with fewer than 10 local authorities, each authority will be allocated one member and the distribution of the remaining seats will be negotiated between authorities locally.

In England, it is the responsibility of the local authorities involved to form and maintain panels for their force area. In Wales, as local government is a devolved competence, panel members are appointed directly by the Home Secretary. In some cases, the Home Secretary may choose to delegate authority to approve panel membership appointments to the Minister of State for Crime, Policing and Probation.

When appointing panel members, local authorities must consider, as far as is practicable, the balanced appointment objective laid out in the 2011 Act. This includes the make-up of the local areas, including the political make-up, and the required skills, knowledge and experience for the panel to function effectively. With the Home Secretary’s consent, panels are able to co-opt further members, both elected and independent, up to a maximum panel size of 20.

Panel membership requirements are set out under section 28 and schedule 6 of the 2011 Act.

Panels in England

Panels in England are a body of the local authorities within the police force area. As such, the local authorities are required to nominate and appoint elected councillors to the panel. If the appointed number of panel members is less than required, or a relevant local authority has failed to appoint one or more of its councillors, the Home Secretary has powers under the 2011 Act to appoint elected councillors to the panel. Guidance on this process can be found on GOV.UK.

Panels in Wales

Panels in Wales are not bodies of a local authority as they are in England, due to devolved local government arrangements in Wales. While the requirements around membership are the same as for English panels, the process for nominating and appointing members is different. In Wales, local authorities propose member nominations to the host authority for the panel, who in turn submits nominees to the Home Secretary for consideration and agreement.

This is usually done via an email from the host authority for the panel to the Home Office’s pccpartnersenquiries@homeoffice.gov.uk inbox. The host authority should confirm the name of the nominated elected or independent panel member, confirm that they have accepted the nomination, and indicate what political party they belong to, where applicable.

If a Welsh local authority fails to make the necessary nomination, or if their nominee does not accept the nomination, the Home Secretary must either:

  • ask the authority to make another nomination
  • nominate a councillor of a relevant local authority to be a member of the Police and Crime Panel - if the nominated councillor accepts, the Home Secretary must appoint them as a member of the panel but if they decline, another councillor of a relevant local authority must be nominated

Co-opting panel members

Applications to co-opt additional panel members can be made for either of two reasons.

  1. Co-opting additional independent members (more than two) – this may be to ensure the panel meets the balanced appointment objective, so that it has the necessary skills, knowledge and experience.

  2. Co-opting additional elected members – as well as the above, additional elected members may be requested to ensure the panel represents all parts of the relevant police area and the political make-up of the relevant local authorities.

If panels are seeking to appoint additional co-opted members, they should contact pccpartnersenquiries@homeoffice.gov.uk to complete the necessary co-option form.

The Home Office will review the request to ensure it meets the criteria set out in schedule 6 of the 2011 Act, before submitting advice to the Minister of State for Crime, Policing and Probation (the Home Secretary has delegated authority to approve panel change requests to the Minister of State for Crime, Policing and Probation).

Funding arrangements

The Home Office provides funding to support panels in discharging their statutory functions, as set out under schedule 6 of the 2011 Act.

When the Home Office introduced panels in 2012, an annual grant stream of £2.7 million was allocated to the department’s public safety group (formerly the crime, policing and fire group) and administered by the Police Strategy and Reform Unit, to ensure that effective local scrutiny arrangements are in place.

An annual total of £53,300 is provided for support and running costs per panel, with Welsh panels being given additional funding of £5,715 for translation costs.

Funding of £920 per panel member per year is added to the total grant for each panel. This means that the total funding envelope for each panel is dependent on the size of their membership, with panels ranging from 12 to 20 members.

The grant is typically used to cover the costs of employing a supporting officer, training and development for members, expenses, and procurement of relevant services (for example, webpage support or online broadcasting of public panel meetings).

Towards the beginning of each new financial year, a signed grant agreement must be returned by the host authority to the Home Office, to ensure that both parties are compliant with the legally binding terms and conditions throughout the period for which eligible expenditure is being claimed.

Panels submit returns to the Home Office requesting payment in arrears mid-way through the financial year, and again at the end of the financial year. In order to trigger mid-year and end-year payments, the Home Office requires a copy of Annex A of the grant agreement, duly signed by a suitable senior finance officer from the host authority.

As part of the grant agreement, the Home Office additionally requires host authorities to submit an out-turn forecast in order to remain eligible for grant payment covering the second half of the financial year, and an out-turn statement detailing a breakdown of expenditure and income for the entire funding period.

Due to the unique nature of the work, the panel grant stream is directly awarded to host authorities and is therefore not a competed commercial process. However, the Home Office is required annually to seek delegated approval from the Home Secretary to extend the grant stream for a further financial year and request the necessary legislative authority from HM Treasury.

The transfer of panel grant administration from one host authority to another is permitted, as long as unanimous agreement can be reached between constituent local authorities in a panel area. In such circumstances, the original signatory of the grant agreement in any given financial year will continue to receive funds until the beginning of a new financial year, when administration of the panel switches to the new host authority.

Key functions of panels

Scrutinising the Police and Crime Plan and annual report

A panel must be consulted on and review the PCC’s draft Police and Crime Plan. Where the PCC has responsibility for fire, the panel must consider the Fire and Rescue Plan.

The panel produces a report on the draft plan, seeking external views where appropriate and producing a series of constructive recommendations for the PCC.

The panel should scrutinise how the draft plan takes into account the PCC’s local police and crime objectives, and the resourcing necessary to deliver effectively upon strategic priorities.

The panel should ensure that the plan includes strategic measures of success, agree how the PCC will be scrutinised for delivery of priorities, and be mindful of current successes and challenges and future opportunities.

Consideration should also be given to the PCC’s annual report and relevant strategic partnerships across the police force area that would ensure delivery of the plan.

The panel can request the PCC’s attendance to present the Police and Crime Plan at a formal public meeting.

The PCC must also publish an annual report, setting out progress on meeting the priorities of the Police and Crime Plan during the financial year.

The panel must ask the PCC to attend a public meeting in order to scrutinise the annual report and consider how it can be developed or improved.

The scrutiny focus of the panel should be pitched at a strategic level and be focused on outcomes, informed by details of performance throughout the previous year. To extract optimal value from an annual report meeting, panel members should not seek to highlight factual inaccuracies or introduce additional examples or details that are specific to operational delivery.

The panel is not there to scrutinise any aspect of police performance, but instead should support the PCC to hold the Chief Constable to account.

Financial awareness (for precept scrutiny)

The main source of un-ringfenced funding for the 43 police forces in England and Wales is the annual police funding settlement. The Home Office is responsible for delivering the settlement which confirms how much forces will receive every year from government grants, as well as how much PCCs are able to raise through a local council tax precept. Council tax policy is devolved in Wales and therefore, Welsh forces are not bound by precept limits determined through the settlement.

In recent years, the Home Office has aimed to publish a provisional settlement towards the end of the calendar year to offer PCCs greater certainty about their future funding, and allow public scrutiny and consultation prior to final decisions being made. For the provisional settlement, a provisional report is laid in Parliament and details are published on the GOV.UK website, normally accompanied by a written ministerial statement.

Once consultation is complete and final policy decisions have been made, a final settlement takes place later in the financial year. This confirms final funding figures for forces and is normally subject to a parliamentary debate.

Setting an annual council tax precept is a significant choice for elected PCCs in how they manage their overall budget. Council tax levels are a local decision, and PCCs will rightly want to consider what they are asking people to pay to keep our streets safe. To help inform their consideration of the PCC’s proposed precept, panels may wish to familiarise themselves with the details of the police settlement, including how much flexibility PCCs have to raise additional money locally from council tax precept.

Precept scrutiny

Panels have a role in reviewing the PCC’s proposed precept, with the power to veto the precept if they consider it to be too high or too low.

Primary legislation (schedule 5 of the 2011 Act) explains the process for a panel’s scrutiny of the PCC’s proposed precept. This should be read alongside associated regulations, where it is outlined that:

  • the PCC must notify the panel of their proposed precept by 1 February each year
  • the panel must review the proposed precept and make a report to the PCC by 8 February – if the panel vetoes the proposed precept, their report must include a statement confirming this
  • where the panel does not veto the precept, the PCC must respond to the panel’s report and issue their response, before issuing the proposed precept
  • where the panel vetoes the precept, the PCC must have regard to their report and publish a response (including their revised precept) by 15 February
  • on receipt of the PCC’s response and revised precept, the panel must review and make a second report to the PCC by 22 February
  • the PCC must have regard to the second report made by the panel and publish their response by 1 March – this concludes the scrutiny process, whereby the PCC will issue a revised precept or different precept

The panel may only veto the first proposed precept. A decision of veto must be agreed by two-thirds of the panel members (not just those present at the meeting).

If the panel fails to report to the PCC by 8 February, the scrutiny process comes to an end, even if the panel has voted to veto the proposed precept. The PCC may proceed to issue the proposed precept.

Where the panel’s report indicates that the precept was vetoed because it was too high, the revised precept must be lower than the previous proposal. Similarly, if it was vetoed because it was too low, the revised precept must be higher than the previous proposal.

Complaint handling

Panels have a number of functions in relation to complaints made about a PCC’s conduct. Under the regulations, complaints and conduct matters are divided into:

  • complaints - about the conduct of a PCC
  • serious complaints - allegations that the PCC has committed a criminal offence
  • conduct matter - an indication that the PCC has committed a criminal offence which has come to light other than through a complaint

Panels must refer serious complaints and conduct matters to the Independent Office for Police Conduct.

The panel can choose to delegate all, some or none of its complaint functions, or delegate them only in particular circumstances. For example, some panels have chosen to delegate the initial handling of complaints to the PCC’s chief executive, as they may be best placed to undertake an initial sift of the matters raised to determine how the complaint should be dealt with.

For complaints which are not being handled by the Independent Office for Police Conduct, the panel must arrange for them to be subjected to informal resolution under the regulations. This can be delegated to a sub-committee or a single member of the panel.

However, ultimate responsibility for handling complaints remains with the panel, and they retain the ability to take back the informal resolution of a non-criminal complaint if they consider it necessary.

Procedures for informal resolution must not include investigation of the complaint. The panel’s use of its powers to require the PCC to provide information and attend the panel to answer questions does not amount to investigation for these purposes. However, any other step intended to gather information about the complaint, other than inviting the comments of the complainant and the PCC, will amount to investigation.

Whatever arrangements are put in place by a panel to fulfil their complaints functions, the procedures should be clear, proportionate and impartial to ensure fairness to both the complainant and the PCC.

Appointments and confirmations

It is for the PCC to appoint senior members of staff to their office (details can be found in schedule 1 of the 2011 Act), including the Chief Executive, Chief Finance Officer and the Deputy PCC. The PCC is also required to appoint the Chief Constable for their force area (section 2, section 38 and schedule 2). The Home Office has separately published associated regulations which focus on the role of the panel in scrutinising the PCC’s proposed Chief Constable appointment.

The PCC is required to seek the views of the panel for their force area when appointing these positions. This process is outlined below.

1. The PCC must notify the panel of the proposed appointment, giving information on:

  • the name of the candidate
  • criteria used to assess the candidate
  • how the candidate satisfied the criteria
  • the terms and conditions on which the candidate will be appointed

2. The panel is required to review the proposed appointment and hold a confirmation hearing (a meeting held in public, which the candidate is requested to attend for the purpose of answering questions relating to the appointment). Guidance on confirmation hearings, produced by the Local Government Association and the Centre for Governance and Scrutiny, recommends that confirmation hearings should focus on issues of professional competence and personal independence, with due regard to fairness.

3. The panel must then make a report to the PCC, which should include a recommendation on whether or not the panel supports the proposed appointment. They must do this within three weeks of being notified of the proposed appointment by the PCC.

4. The PCC must then consider the recommendations of the panel and either accept or reject them. The ultimate decision lies with the elected PCC.

In reviewing the proposed appointment of a Chief Constable, the panel has a power of veto with a two-thirds majority. This does not extend to other senior appointments including the Chief Executive, Chief Finance Officer and the Deputy PCC.

Acting PCCs: role of the panel

In the unforeseen circumstance where there is not an elected PCC in office, it would fall on the panel to appoint an acting PCC (details are in section 62 of the 2011 Act). The panel is required to appoint an acting PCC if:

  • there is no PCC in office
  • the PCC has been incapacitated from carrying out their role
  • the PCC has been suspended from office (under section 30)

The acting PCC must be an existing staff member of the OPCC. If the current elected PCC has been incapacitated, the panel has to take into account any recommendations they make as to who should be the acting PCC.

The acting PCC has all the same functions as the elected PCC, with the exception of not being able to issue or make any changes to the Police and Crime Plan.

The acting PCC would cease to be in office if the following criteria were applicable:

  • either the panel or the acting PCC terminates the appointment
  • a new PCC is elected
  • the PCC ceases to be incapacitated
  • the PCC ceases to be suspended

There is a six-month time limit on how long a PCC can be incapacitated before the role of the PCC becomes vacant. Once the six-month limit has been reached, a by-election would need to be conducted to fill the vacancy. Additionally, where there is a vacancy in the role of the PCC within six months of the date of the next ordinary election, the legislation (section 51 of the 2011 Act) does not require a by-election to take place before then, and the acting PCC can hold office until the ordinary election takes place.

Relationship building between panels and PCCs

The PCC’s aim is to cut crime and deliver an effective and efficient police service (and fire and rescue service where appropriate) within their police force area, making the police answerable to the communities they serve.

Panels tend to operate more effectively when they invest time and energy in establishing a rapport with the PCC, the OPCC and other key stakeholders. While panels have a key role in scrutinising the actions and decisions of the PCC, this is best done when both parties enjoy a collaborative relationship.

Some examples of relationship-building activity might include:

  • the panel chair developing an understanding of how the PCC holds the Chief Constable to account by sitting in and observing meetings between them periodically
  • a tour or induction to make introductions and to understand the role of the OPCC, as well as the support and challenge the panel might offer
  • OPCC presentations to panel members, giving more detail on their services, the areas of focus for the PCC (for example, community safety) and expert finance input on the precept
  • informal briefings from OPCC officials prior to panel meetings, allowing panel members to ask questions and plan their scrutiny approach
  • the panel chair observing community engagement events run by the PCC to develop a better understanding of the PCC’s work and the priorities of local people

Further resources

Primary legislation

Secondary legislation

Associated regulations

Background reading

Key stakeholder groups and organisations

Association of Policing and Crime Chief Executives

The Association of Policing and Crime Chief Executives is the professional body which represents chief executives and other senior staff within the OPCCs.

Association of Police and Crime Commissioners

The Association of Police and Crime Commissioners is a national body established to represent PCCs. All PCCs and PFCCs are members, alongside the City of London Police Authority, the Mayor’s Office for Policing and Crime for the Greater London Authority, the Greater Manchester Combined Authority, the West Yorkshire Combined Authority and the Jersey Police Authority.

Domestic Abuse Commissioner

The Domestic Abuse Commissioner is an independent voice that speaks on behalf of victims and survivors. The commissioner uses statutory powers, which are set out in the Domestic Abuse Bill, to raise public awareness and hold both agencies and the government to account in tackling domestic abuse.

HM Inspectorate of Constabulary and Fire and Rescue Services

HM Inspectorate of Constabulary and Fire and Rescue Services independently assesses the effectiveness and efficiency of police forces and fire and rescue services, in the public interest.

Home Office

The Home Office is the lead government department for immigration, drugs policy, crime, fire, counterterrorism and the police.

Independent Office for Police Conduct

The Independent Office for Police Conduct oversees the police complaints system in England and Wales. It investigates the most serious matters, including deaths following police contact, and sets the standards by which the police should handle complaints. The office makes decisions entirely independently of the police and government.

Local Government Association

The Local Government Association is the national voice of local government, working with councils to support, promote and improve local government.

Local Criminal Justice Boards

Local Criminal Justice Boards are usually organised around police force areas and bring together criminal justice organisations to support joint working and improve services. They are often chaired by the local PCC or Chief Constable. Wales also has the Criminal Justice in Wales Board, which brings together local Welsh boards.

National Association of Police, Fire and Crime Panels

The National Association of Police, Fire and Crime Panels is a body that supports both Police and Crime Panels and Police, Fire and Crime Panels across England and Wales.

National Fire Chiefs Council

The National Fire Chiefs Council is the professional voice of the UK fire and rescue service. It is a committee of the Chief Fire Officers Association, which is a registered charity and company.

National Police Chiefs’ Council

The National Police Chiefs’ Council brings police forces in the UK together to help the police service co-ordinate operations, reform, improve and provide value for money. Established in April 2015, it is the representative body for British police chief officers and replaced the former Association of Chief Police Officers.

Office of the Police and Crime Commissioner (OPCC)

The OPCC is a non-political executive support arm for the PCC and their policing area. Each office has a statutory responsibility to ensure it has a Chief Executive and a Chief Finance Officer. The Chief Executive will work with the PCC to enable delivery of key strategic priorities.

Police and Crime Commissioners Treasurers’ Society

The Police and Crime Commissioners Treasurers’ Society represents the treasurer of each of the 41 PCCs in England and Wales, as well as the treasurer to the Mayor’s Office for Policing and Crime, and the chamberlain of the Common Council of the City of London.

Police and Crime Commissioners (PCCs)

A PCC is a publicly elected official who is responsible for holding the police force accountable to the communities it serves. Each police force in England and Wales has a PCC.

Under powers in the Policing and Crime Act 2017, PCCs are able to take on responsibility for fire and rescue services in their force area where there is local agreement. If PCCs take on Fire and Rescue Authority functions, they become known as Police, Fire and Crime Commissioners (PFCCs).

Victims’ Commissioner

The Victims’ Commissioner for England and Wales promotes the interests of victims and witnesses of crime and encourages good practice in their treatment.

Welsh Local Government Association

The Welsh Local Government Association represents the interests of local government in Wales. Its primary purposes are to promote better local government, promote its reputation and support authorities in developing policies and priorities which will improve public services and democracy.

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