Chief constable 'should be asked to resign'

Will Kerr was suspended on 26 July 2023

A former police and crime commissioner is one of a number of people who have said the chief constable of Devon and Cornwall Police should be asked to resign.

Steve Turner, who was the PCC for Cleveland and is now a leadership consultant, said he estimated it could take at least five years before the investigations of the chief constable's conduct were concluded and he therefore thought the Devon and Cornwall PCC had "no other option".

Will Kerr was suspended in July 2023 after the Police Ombudsman for Northern Ireland said she was investigating "serious allegations of sexual offences" made against him.

Mr Kerr said he strenuously denied any allegations of criminality.

Former PCC Steve Turner said it would be "extremely difficult" for Mr Kerr to come back as chief constable regardless of the outcome of investigations

"Mr Kerr might be innocent, but regardless of that he's got to consider the public trust and the commissioner has to consider the optics of having a chief constable that has been tainted by an allegation such as this," Mr Turner said.

Asked if it was possible for Mr Kerr to return as chief constable Mr Turner said: "I think it would be extremely difficult.

"Hopefully for everybody involved Mr Kerr is found to be innocent... but even if he is there will always be an element of society that looks at him and judges him based on this allegation."

"If I was [the PCC] I would be looking to formally ask the chief constable to retire or resign under section 38 [of the Police Reform and Social Responsibility Act] I think that's the best outcome for the public of Devon and Cornwall and they do have to come first."

Mr Turner said the situation was "extremely urgent" because any force that was "in limbo" was never going to perform at its best.

Referring to the concerns raised by inspectors about the force's performance Mr Turner said "having secure stable leadership" was "crucial" to being able to take a force forward and deliver the "best possible service for the public".

'Put his case'

Mr Turner said it was possible for the police commissioner to force the chief constable to resign and said there were steps she needed to take to reduce the risk of any decision being challenged by judicial review.

This, he said, would involve Mr Kerr being given the opportunity to put his case forward at a hearing.

Asked about the dilemma facing Mr Kerr he said: "In this situation I think it's less of a monetary issue. [Mr Kerr] will have a good pension to walk away to.

"The decision in Mr Kerr's mind will be a reputational one... there will be people that think you are guilty for stepping down... but he is a public servant.

"I would be speaking to him and I would be saying he has to see that public confidence in Devon and Cornwall Police is best served by him choosing to retire or resign.

"There is no way you can argue that public confidence is maintained by a chief constable that's been suspended already for a year."

Alison Hernandez said she was hoping for a decision on her chief constable at some point this year

Taxpayers funding two chiefs

Mr Kerr remains on full pay with an annual salary of £197,000 according to the latest published accounts. The acting chief constable Jim Colwell is being paid £180k.

At a meeting of the police and crime panel last week, one councillor asked the police commissioner to explain why taxpayers in Devon and Cornwall were "paying for someone who was suspended and may be suspended for some time".

Responding Alison Hernandez said she was not expecting any result from the investigation into Mr Kerr "any time soon", but was hopeful a decision would be made this year.

When approached by the BBC she said: “Since suspending the substantive chief constable I have reviewed the case every 28 days.

"He strongly denies the allegations and I remain frustrated at the length of time the investigation by the Police Ombudsman for Northern Ireland is taking. For legal reasons I am unable to comment further."

In June, the Police Ombudsman for Northern Ireland said her investigation of "allegations of serious sexual offences" made against Mr Kerr had been completed and a file had been submitted to the Public Prosecution Service for Northern Ireland.

Retired police officer Jane Taylor said the allegations were having an impact on the confidence of potential victims of sexual crimes

Retired Devon and Cornwall chief inspector and domestic abuse victims' advocate, Jane Taylor, said the suspension of the chief constable was damaging the confidence of potential victims of violence against women and girls to report allegations to the police.

Ms Taylor also said she would like the PCC to ask for the chief constable’s resignation.

"Confidence to come forward and report sexual crimes or domestic abuse can very much depend on the trust that victims have in policing.

"If I was a victim... and I knew that the chief constable was suspended for such a serious allegation I've got to say it would affect me," she said.

His Majesty’s Chief Inspector of Constabulary Andy Cooke said: "My recent report highlighted concerns about the performance of Devon and Cornwall Police, recognising that it has not been easy operating as a temporary senior leadership team since June 2023."

Mr Cooke's office said the leadership of the force was a matter for the PCC, but confirmed that if the PCC was going to ask the chief constable to resign she would need to consult the chief inspector and councillors on the police and crime panel.

The Independent Office for Police Conduct said: "Our independent investigation into misconduct allegations against the chief constable of Devon and Cornwall Police remains suspended pending any decision on potential criminal proceedings.

"We are maintaining links with [the Police Ombudsman for Northern Ireland] to gather all relevant information to enable us to progress our inquiries as soon as we can when we are able to resume."

The chair of the Devon and Cornwall Police Federation, which represents officers, said he did not want to comment on the position of Mr Kerr but said he had "a very good working relationship with the current senior leadership team".