Simple misconduct allegations to survive officer resignation
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.
- The government announced its intention to commission a review of the police complaints and disciplinary system (College of Policing APP-AP update, August 2023).
- The Police Accountability Rapid Review was published in October 2025, covering police accountability reforms including disciplinary matters. The review focused on use of force standards and unlawful killing conclusions rather than post-resignation misconduct proceedings (Police Accountability Rapid Review, Home Office, October 2025).
- No published evidence that legislation has been amended to allow simple misconduct allegations to survive officer resignation or retirement has been identified to March 2026.
How was this evidence gathered?
Response
Under Consideration
Response
Under ConsiderationDirected to Home Office. Part of broader review of complaints and disciplinary system.
Progress Timeline
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.
Status as of College of Policing APP-AP update (August 2023): Not Started