West Midlands Police
Freedom of Information
FOI Q1. No final hearing can occur until a Legally Qualified Chair (LQC) has
been selected from the Home Office approved list, and the LQC is responsible
for determining the time and venue for the hearing. Please confirm the name of
the appointed LQC who advised that the hearing would be on Thursday 29th
March 2018 at 9.30am, and please confirm when that notification was displayed
on the website and when and why it was removed from the police website on
the same day. Please confirm if the LQC was appointed by the Chief Constable
or Mr Jamieson.
An LQC has no role in the final hearing of a Special Case Hearing for a Senior
Officer. Therefore they would not have had any part in determining timings, the
venue or the final hearing notifications. Please see Police (Conduct) Regulations
2012 and Police (Conduct) Regulations 2015.
http://www.legislation.gov.uk/uksi/2012/2632/contents/made
http://www.legislation.gov.uk/uksi/2015/626/pdfs/uksi_20150626_en.pdf
FOI Q2. The Home Office approved list of LQCs is supposed to be held within
each police area. Please confirm if the list is held by the Chief Constable or Mr
Jamieson the Police and Crime Commissioner (PCC), and please provide a
copy of the list if it is under police control.
The list is held by the Home Office for Senior Officers as the LQC is nominated by
the Secretary of State as per Police (Conduct) Regulations 2012. This is not to be
confused with non-Senior Officer Panels which are chaired by an LQC nominated by
the local policing body as per Police (Conduct) Regulations 2015.
FOI Q3. The BBC state "The senior officer, who has a 30-year police career, has
been suspended on full pay since November". Please confirm how much Mr
Beale has been paid during his suspension after his conviction up till 29 March
2018, and if his perks, including his police car, were also suspended during
this period.
http://foi.west-midlands.police.uk/acc-beale-152818/
Mr Beale had use of his police vehicle during suspension.
FOI Q4. When the final hearing is finally heard, please confirm, apart from the
LQC, who will be present to witness the proceedings, will it include the Chief
Constable and the PCC, will there be an independent witness of any kind.
Regarding FOI Q4 it now appears, from the police website, that quote, "On 7
December 2017 ACC Beale appeared at Westminster Magistrates Court and
was convicted of an offence contrary to the Official Secrets Act 1989.On 13
February 2018 ACC Beale appeared at a Special Case Hearing which was
chaired by Corinna Ferguson. The panel found that ACC Beale’s conduct
amounted to Gross Misconduct. Their recommendation as to the disciplinary
action which should be imposed at the further special case hearing was
dismissal without notice "and advises that the final misconduct hearing has
been scheduled for 18th April 2018 at 9.30am in Police Headquarters Lloyd
House. I require clarification about the circumstances of the final hearing so I
would appreciate an additional FOI Q5.
08/05/18
Ref: 003513/18 & 4513/18
West Midlands Police
Freedom of Information
There will not be an LQC present in that capacity. The final Special Case Hearing is
chaired by the Appropriate Authority from West Midlands Police. The Special Case
Hearing will be held in public – and thus public and press would be able to attend as
‘
independent witnesses’. The chair may impose conditions on the hearing which may
include exclusion of persons from the whole or part of the hearing as appropriate in
order to facilitate the proper conduct of the hearing - in accordance with Police
(Conduct) Regulations 2015.
FOI Q5.The Legally Qualified Chair (LQC), Corinne Ferguson, after considering
all the evidence recommended on 13th February 2018 that there should be
dismissal without notice, but the Chief Constable Dave Thompson has FAILED
in his duty to act promptly on this advice, which will now result in Mr Beale
escaping from proper penalty by way of the usual excuse of retirement, which
so irritates the taxpaying public. Please confirm if the LQC will chair this final
meeting, did the LQC set the time and date, or will the Chief Constable chair
the meeting.
Chief Constable chaired the Special Case Hearing. The LQC did not set a time or
date for this hearing as they have no power to do so. The hearing was open to press
and public for transparency and was widely reported by the media who were
present. A date was set for the Special Case Hearing to be heard in March which
had to be cancelled following a successful application for a Judicial Review by Mr
Beale’s legal team.
http://www.bbc.co.uk/news/uk-england-43811243
https://www.west-midlands.police.uk/news/5458/assistant-chief-constable-dismissed-
west-midlands-police
Additionally, I believe the Chief Constable was absent from his post whilst
attending the Commonwealth Games in Australia, which may have led to the
delay. Please confirm the dates during which Mr Thompson was allowed to
attend these Games.
The Chief Constable went from 1 April to 9 April. Had the hearing being scheduled
during this time, the Chief would have cancelled his visit to the Commonwealth
Games .
08/05/18
Ref: 003513/18 & 4513/18