PCC accuses police inspectorate of maladministration

Labour PCC Mr Foster said he accepted the West Midlands force needed to make improvements

West Midlands Police and Crime Commissioner (PCC) Simon Foster has accused an inspectorate of maladministration after the force was effectively placed in special measures.

The force's monitoring level was escalated to "engage" last week after inspectors identified the need for significant improvements.

In a letter to His Majesty's Inspectorate of Constabulary and Fire & Rescue Services (HMIC) last Thursday , Mr Foster said the body and its inspector "failed to act in a accordance with the law".

HMIC published a copy of its reply, sent the same day, which stated Mr Foster's "strong" accusations were "not correct".

Mr Foster told the BBC it was "deeply disappointing" HMIC had departed from an agreement that police would have 14 days to respond before it published its decision.

The decision to move to enhanced monitoring was made public on Friday.

The inspectorate identified the force had failed to carry out effective investigations, safeguard vulnerable people and manage risks posed by sex offenders.

At the time, Chief Constable Craig Guildford said he "completely disagreed" with the decision-making and said issues identified were based on old data.

'Seek an appropriate remedy'

Published in full on the PCC's website, Mr Foster's letter to HMI Wendy Williams laid out his concerns about the body's decision-making process.

He accused it of:

• Failing to act in accordance with the public law requirements of fairness

• Failing to be aware or familiar with the relevant HMIC procedure

• Moving the force to "engage" without regard to HMIC's own procedure

• Failing to respect confidentiality

Mr Foster called for the inspectorate to review and revise the decision, writing: "In the event that HMIC are not prepared to comply with the law and the agreement, then I reserve the right to seek an appropriate remedy, whether by reference to the courts, a formal complaint or otherwise."

In an email response, His Majesty’s Chief Inspector of Constabulary Andy Cooke, who took the decision to place the force into advanced monitoring, wrote: "These are strong assertions, which are not correct".

West Midlands Police was placed under enhanced monitoring on 24 November

Speaking to BBC Radio WM, Mr Foster said HMIC's decision-making procedure illustrated a "lack of clarity and transparency", undermining "trust and confidence".

He added: "We had an agreement that was reached on the basis that we would be able to have 14 days to make representations in connection with these areas of concern."

"But then that agreement was countermanded and was not complied with which was deeply disappointing."

He also pointed to a different inspector taking the decision than expected and HMIC not publishing its full policies and procedures relating to the monitoring of forces.

In his reply, published after Mr Foster's letter, Mr Cooke wrote that policy the PCC referred to was no longer current, adding he had been given advance notice of the decision in a phone call from Ms Williams "as a courtesy".

'Significant concerns about performance'

“We now publish when a force is moved into Engage, because it is in the public interest to do so," he wrote.

"I have also been clear with my fellow HMIs that the decision to move a force to Engage is for me to make.

"I made the decision that I would be placing West Midlands Police into Engage because I have significant concerns about the performance of the force," he wrote.

"Members of the public are being placed at risk because the force is not as efficient or effective as it should be.

"These concerns are based on evidence, from our as yet unpublished, PEEL 2023 report of the force. You are not in possession of this evidence."

Mr Cooke suggested the best solution would be to work together to improve the force's performance, rather than the PCC seeking remedy through the courts.

Pushed on whether he accepted the force needed to improve, Mr Foster said he was "committed" to continuing to drive improvements and had challenged the chief constable to address concerns raised by 31 March.

Mr Foster said he had not made any decision about pursuing legal action against HMIC and added he would write to them further about his concerns.