Appeals Panel for business interests

Report: 17
Date: 3 October 2002
By: Clerk

Summary

Under Regulation 10(3) of Police Regulations 1995, a police officer may appeal to the police authority against a decision by the chief constable to refuse permission for a notified business interest. An appeal may be made on the grounds of process and/or a substantive appeal against the decision. An appeals panel will need to be appointed by the Metropolitan Police Authority (MPA).

A. Recommendations

That

1. an Appeals Panel be establishes for the purpose set out in this report; and 
2. the Appeals Panel consist of any three, or more, members of the Human Resources Committee, with the Clerk given delegated authority to approve the Panel membership on each occasion.

B. Supporting information

1. Under Regulation 10(3) of Police Regulations 1995, a police officer may appeal to the police authority against a decision by the chief constable to refuse permission for a notified business interest. In the case of a Metropolitan Police officer, this decision has been delegated by the Commissioner to the Assistant Commissioner Human Resources.

2. An appeal may be made on the grounds of process and/or a substantive appeal against the decision. An appeals panel will need to be appointed by the MPA.

3. If an applicant for a business interest wishes to appeal against a decision by the Commissioner to refuse his or her application, the Regulations stipulate that he or she may send written notice of appeal to the Clerk stating the reasons for the appeal.

4. It is proposed that on notification of an appeal, the Clerk will convene a meeting of a panel of three members drawn from the membership of the Human Resources Committee to determine the appeal. All three members must be present for the Appeals Panel to be quorate. The Commissioner will be required to provide all relevant papers and the appellant will be given the opportunity to comment on the documentation. The panel will normally make their determination solely on the basis of the documents provided.

5. The Appeal Panel may, at its own discretion, invite both the appellant and the Commissioner (or delegated representative) to make an oral statement to them before making its determination. It is recognised that this would require an adjournment to allow both parties to attend. Appeals Panels will look favourably on written requests by either the appellant or the Commissioner (or delegated representative), although personal attendance may be necessary where there are significant facts in dispute or where the panel considers that an oral statement would help to clarify aspects of the appeal.

6. At the conclusion of any submissions, the Appeals Panel will retire to consider the case in private, supported by the Clerk. The Appeals Panel decision will be given in writing to both parties to the appeal.

7. Where the Appeals Panel upholds an appeal made on the grounds of process, the case will be remitted to the Commissioner for reconsideration. Where the appeal is a substantive appeal against the decision made by the Commissioner, the Appeals Panel will consider the full case on its merits and reach a binding decision in the light of all the evidence available to it.

8. If the Appeals Panel upholds the decision of the Commissioner, the appellant may write to the Clerk, requiring the matter be referred to the Secretary of State. The Secretary of State’s determination is a confirmatory one only – he or she decides whether to confirm the decision of the police authority. He or she may consider if there is anything in the arguments put to the police authority that changes the balance of arguments considered by the Commissioner and that the police authority has not taken into account.

C. Equality and diversity implications

Data on appellants will be monitored and reported on an annual basis.

D. Financial implications

There will be costs associated with convening the appeals panel, but whilst these cannot be quantified at this stage, it is expected that they can be contained within existing budgets. Depending on the number of appeals there may also be staffing implications.

E. Background papers

None

F. Contact details

Report author: Alan Johnson, MPA.

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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