Officers would have faced misconduct over Hillsborough

Montage of photographs of all of the 97 Liverpool fans who died as a result of the Hillsborough disaster on 15 April 1989.
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Ninety-seven Liverpool fans died as a result of the crush at Hillsborough on 15 April 1989

  • Published

Twelve police officers would have faced gross misconduct proceedings over the Hillsborough disaster, a long-awaited report has found.

Former South Yorkshire Police (SYP) chief constable Peter Wright and Ch Supt David Duckenfield are among the officers who would have had cases to answer after 97 Liverpool fans died in the 1989 stadium crush.

The Independent Office for Police Conduct (IOPC) report found there had been "fundamental failures" and "concerted efforts" to blame fans in the aftermath.

It also upheld or found misconduct cases in 92 complaints, but the law at the time means no officers will face disciplinary proceedings because they had all retired before investigations began in 2012.

The law was changed in 2017 to mean retired officers would now face misconduct charges, but it cannot be applied retrospectively.

Nicola Brook, a solicitor at Broudie Jackson Canter acting for several bereaved families, said it was a "bitter injustice" that no-one would be held to account.

Current South Yorkshire Police chief constable Lauren Poultney said she was "deeply sorry for the pain and heartbreak caused" by the force's "litany of failures".

"There is nothing I can say today which can take away the years of pain and hurt caused by the force I now lead," she said.

Ms Brook said the IOPC report "exposes a system that has allowed officers to simply walk away, retiring without scrutiny, sanction or consequence for failing to meet the standards the public has every right to expect".

An ambulance and football fans and police officers on the pitch during the Hillsborough stadium disaster.Image source, Hillsborough inquests
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Fresh inquests in 2016 concluded people had been unlawfully killed as a result of the crush at Hillsborough

The report also found a thirteenth, now-retired officer, from South Yorkshire Police, would have faced misconduct proceedings.

Its publication marks the conclusion of the largest independent police misconduct investigation ever carried out in England and Wales.

It is understood the families of the fans, who died as a result of the crush at the FA Cup semi-final match between Liverpool and Nottingham Forest at Sheffield Wednesday's home stadium, received copies of the report on Monday.

Key findings of the 366-page document include:

  • The late Mr Wright would have faced a case over 10 alleged breaches of the Police Disciplinary Code regarding his actions in the aftermath of the disaster

  • Former Ch Supt David Duckenfield, who was match commander, would have faced 10 alleged breaches for "failures in decision making and communication in relation to managing the build-up to the game" as well as a "series of key failings of control as the crowd built"

  • Eight other SYP officers would have had cases to answer over their roles in preparing for and policing the match, their handling of the disaster response or their parts in attempts to deflect the blame afterwards

  • Former WMP Assistant Chief Constable Mervyn Jones and Det Ch Supt Michael Foster would have had cases to answer over their roles in leading the investigation into the disaster, including for "alleged bias towards police and against supporters" and "not intervening in SYP's account amendment process"

IOPC deputy director general Kathie Cashell said those affected by the disaster had been repeatedly let down.

"What they have had to endure over more than 36 years is a source of national shame," she said.

The IOPC investigation ran alongside Operation Resolve, a criminal inquiry focused on the day of the disaster.

Ms Cashell said the watchdog's investigation, which included work done to prepare evidence for inquests and prosecutions, cost £88m, while Operation Resolve cost an additional £65m.

The operation led to six people facing criminal charges, including Mr Duckenfield and three other police officers.

But only former secretary of Sheffield Wednesday Football Club, Graham Mackrell, was ever convicted over the disaster.

Mike Benbow, a man with white hair and wearing a navy jumper, sits at a kitchen table holding a tablet.
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Mike Benbow said people deserve more than a 400-page report

Ms Cashell said: "The 97 people who were unlawfully killed, their families, survivors of the disaster and all those so deeply affected, have been repeatedly let down - before, during and after the horrific events of that day.

"First by the deep complacency of South Yorkshire Police in its preparation for the match, followed by its fundamental failure to grip the disaster as it unfolded, and then through the force's concerted efforts to deflect the blame onto the Liverpool supporters, which caused enormous distress to bereaved families and survivors for nearly four decades.

"They were let down again by the inexplicably narrow investigation into the disaster conducted by West Midlands Police, which was a missed opportunity to bring these failings to light much sooner."

She added it was important to remember the forces investigated were different to those today and policing had seen many changes since 1989.

Home Secretary Shabana Mahmood said the report served as a "stark reminder of one of the most significant failings in policing the country has ever seen".

She paid tribute the families and survivors of the disaster, and said their "tireless campaigning" had led to creation of the Hillsborough Law earlier this year, which introduces a legal duty of candour for all public officials.

'Cruel'

Hilda Hammond, whose 14-year-old son, Philip, died in the tragedy described her frustration over the lack of action taken against "certain police officers", adding the report was "like rubbing salt in a very old wound".

Mrs Hammond's husband Phil was former chairman of the Hillsborough Family Support Group and one of the leading Hillsborough campaigners but he died in January.

She told the BBC the report "brings it all back" and "starts you thinking you wouldn't mind going through that if you were going to have some action at the end of it."

She said it was "sweet and bittersweet" that Philip had died before the final report was published.

"I don't know whether I would have wanted him to see it really, because it's like you were right all along, but we can't do anything about it.

"We've said from the beginning what was the truth, and it's too late now to do anything about it so all the police officers cannot be disciplined, even if they were still alive or retired."

An older woman with pale curly hair sits on a grey sofa smiling.
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Hilda Hammond said she thinks the investigations was a "fruitless exercise"

She said she thinks it was "cruel" and "quite a fruitless exercise".

"I just don't know what the purpose was or what the reason was to spend so much money," she added.

Mike Benbow, who previously led the investigation for five years, said: "After 13 years, people deserve more than a 400-page report."

"It just doesn't seem right. I'm told there will be a more detailed report later on but I hope that the IOPC reconsider..."

He added: "I don't understand the logic of that because clearly criminal proceedings finished a long time ago and it's been nearly five years producing the reports."

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