JB-15.25 Response Under Consideration AI-assessed

Simple misconduct allegations to survive officer resignation

Recommendation

Serious consideration should be given to the public interest in amending the current legislation so that allegations of 'simple' misconduct, as distinct from 'gross' misconduct, will survive following a police officer's resignation or retirement. I do not recommend that the survival of allegations of simple misconduct carries with it any threat to a pension entitlement, but any post-resignation/retirement finding of simple misconduct should remain on the relevant personnel file and a matter of public record for a period of two years thereafter.

Published Evidence Summary
The following publicly available evidence relates to this recommendation:
According to the government response of 1 August 2023, this recommendation was directed to the Home Office as part of a broader review of the complaints and disciplinary system as of August 2023. According to the College of Policing's APP-AP update from August 2023, work on this recommendation had "Not Started". A Police Accountability Rapid Review, published in October 2025, covered police accountability reforms including dismissal processes, but according to the review it did not directly address the specific recommendation regarding simple misconduct allegations surviving officer resignation.
How was this assessed?
Assessed by gemini-2.5-flash on 19 Mar 2026
Checked data held on this site (government responses, progress updates, independent evidence)
External sources searched: www.gov.uk, web.archive.org, www.legislation.gov.uk, hansard.parliament.uk
Jurisdiction
England
Section Reference
15.25
Response
Under Consideration
Under Consideration Home Office
01 Aug 2023

Directed to Home Office. Part of broader review of complaints and disciplinary system.

Read Full Response
Progress Timeline
government_response
23 Oct 2025

Police Accountability Rapid Review published October 2025 (Tim Godwin and Sir Adrian Fulford). Review covers police accountability reforms including dismissal processes but does not directly address this specific recommendation on simple misconduct surviving resignation. Changes to Police (Conduct) Regulations 2020 intended for Spring 2026.

Source
Official Report
01 Aug 2023

Status as of College of Policing APP-AP update (August 2023): Awaiting Response

Source
Source
Inquiry Jermaine Baker Inquiry
Report Report into the Death of Jermaine Baker 05 Jul 2022
View Source
Responsible Bodies
Home Office Primary
Themes & Tags
Police misconduct sanctions Complex police complaints Police Conduct Legislation Accountability
Recommendation age 3.7 yrs
Last formal update 23 Oct 2025