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Terms of Reference: Review of policing of activities related to hunting

Introduction

This Terms of Reference document outlines the approach agreed by the Police and Crime Commissioner to commission an independent report to consider actions by the force in response to ASB, road safety and crime reporting issues arising over the course of the 2022-2023 and 2023-2024 hunting seasons.

Background

The review will cover the period from December 2022 onwards, when Warwickshire police issued a Community Protection Notice to the Warwickshire Hunt for anti-social behaviour and disregard for road safety. In August 2023 the CPN was formally withdrawn and a settlement agreed, which became known as a Protocol. The force stated that this document cannot be published and was exempt under section 32 of the Freedom of Information Act 2000 (relating to Court Records).

The acts of proposing a CPN and then subsequently withdrawing it to be replaced with a legal settlement became subject of criticism, and interested members of the public and stakeholder groups raised concerns, including about the lack of transparency in the process.  These concerns were raised with both the force and the OPCC, and a significant number of requests for the “Protocol” have been received by both organisations, along with a number of enquires and complaint submissions and other requests under the Freedom of Information Act.

The PCC has also been questioned about his role in this matter at Police and Crime Panel Meetings on 21 September 2023, 22 November 2023 and 20 June 2024 and has received queries about operational involvement and his approach to holding the Chief Constable to account on this matter.

In March 2024 the PCC committed, should he be re-elected, “to an independent report to look at the issuing of the protocol and make recommendations to the force on how it can move forward to fully restore public confidence.”  This report will form part of the PCC’s statutory function to Hold to Account the Chief Constable, as set out in section 1 (7, a, b & 8, a-h) of the Police Reform and Social Responsibility Act, and 17 (c) of the Policing Protocol 2023.

In the meantime the force have ceased the protocol and announced a planned Code of Behaviour, which will be prepared and published in advance of the 2024 hunting season.

Objectives

The review will serve as a mechanism to scrutinise Warwickshire Police’s decision-making process, approach to communications, and all related actions to determine if they were reasonable and proportionate under the circumstances, and will identify if there are lessons to be learnt for the future. It aims to provide the PCC and the public with an informed insight into the effectiveness of Warwickshire Police’s responses to matters raised associated with hunting. It should identify good and effective practices, as well as highlight any operational or organisational learnings for policing.

The review seeks to understand:

  1. What were the circumstances that led to the force issuing a CPN, and were the correct standard processes followed before this was done?
  2. How was the decision to prepare a legal settlement made, at what level, and did the force sufficiently consider the wider implications of this decision – specifically in respect of trust and confidence?
  3. How did the force consider the PCCs declared interest as a member of the Countryside Alliance in their decision-making process?
  4. How was the incident managed (through Gold groups etc), and was this process sufficiently robust?
  5. What was the communications strategy and did the force anticipate the swell of interest and duration? How did the force plan to keep the PCC’s office updated and was this approach sufficient?
  6. What was the legal basis for exempting the settlement agreement from publication and should consideration have been given for further information about the contents of the settlement agreement to be put in the public domain?
  7. Were procedures robust enough when dealing with reports of incidents related to fox hunting/ road safety/ ASB, how were they communicated to the police workforce and were they followed correctly? Were relevant teams within the force (for example the Rural Crime Team, Safer Neighbourhood Teams and the Operations and Communications Centre) sufficiently engaged in this process?
  8. How effectively and efficiently were the public and media informed about the process for reporting concerns about fox hunting/ road safety/ ASB, and was this communication sufficient?
  9. Did the force respond to enquiries and complaints in a timely manner, in a way that would have given the public confidence in their approach?
  10. Has the force conducted any internal reviews of their actions or implemented any changes to processes or wider learning?
  11. How does the force intend, in moving forward, to engage with local communities to restore trust and confidence on these issues?

Appointment and Approach

The following guiding principles and quality assurance indicators will support the approach to the review.  The reviewer should:

  • Produce a high-quality report that is accessible, that is true to the terms of reference, and that sets out lessons looking forward and actions for improvement.
  • Demonstrate an evidence-based approach, consistency, thoroughness and clarity of purpose.
  • Produce a report that resonates with – and meets the reasonable expectations of – our audiences, ensure that the report’s tone of voice is appropriate to the subject matter and the context.

All parties will approach this review, bearing in mind the expectations stated in the Policing Protocol 2023, including the following:

  • All will conduct themselves in line with the Nolan Principles, Codes of Conduct and Code of Ethics.
  • Parties will ensure they are sufficiently briefed and be prepared to operate openly and transparently; the Chief Constable will share information in the line with the expectations of s36 of the Police Reform and Social Responsibility Act 2011.
  • The PCC shall ensure that all persons appointed to work on the report shall be suitably qualified, experienced, and trained and subject to appropriate confidentiality agreements consistent with the provisions of these Terms of Reference.
  • The persons appointed can draw upon any necessary and relevant nationally recognised expertise available to support the review.
  • The PCC will be responsible for any persons appointed in relation to the independent review and will be responsible for their conduct in relation to the independent review.
  • The persons appointed will take part, on an agreed basis, in a public release of the report and recommendations including participation in a press conference or similar event if required and the terms of these Terms of reference shall apply to any such participation as they do to the conduct of the review.
  • Should the appointed reviewers identify any issues of individual conduct or performance, these must be promptly reported to the appropriate authority. Additionally, if any potentially criminal matters are detected, these will be immediately communicated to Warwickshire Police.

Review

The PCC and the persons appointed agree to work towards the production of the report and recommendations in Autumn 2024.

A public summary of the report should be prepared alongside the substantive document. This will be published on the OPCC Website, alongside the potential to engage with media- press conference of the findings of the review to assist in the publication of the findings.