Simple misconduct allegations to survive officer resignation
Jermaine Baker Inquiry · Report into the Death of Jermaine Baker · Issued 5 July 2022 · Addressed to: Home Office
Source — verbatim from the inquiry
●Inquiry recommendation, 15.25
Serious consideration should be given to the public interest in amending the current legislation so that allegations of 'simple' misconduct, as distinct from 'gross' misconduct, will survive following a police officer's resignation or retirement. I do not recommend that the survival of allegations of simple misconduct carries with it any threat to a pension entitlement, but any post-resignation/retirement finding of simple misconduct should remain on the relevant personnel file and a matter of public record for a period of two years thereafter.
Jermaine Baker Inquiry, Report into the Death of Jermaine Baker · 5 Jul 2022 Source PDF →
Published evidence summary
Publicly available evidence relating to this recommendation:
- The government announced its intention to commission a review of the police complaints and disciplinary system (College of Policing APP-AP update, August 2023).
- The Police Accountability Rapid Review was published in October 2025, covering police accountability reforms including disciplinary matters. The review focused on use of force standards and unlawful killing conclusions rather than post-resignation misconduct proceedings (Police Accountability Rapid Review, Home Office, October 2025).
- No published evidence that legislation has been amended to allow simple misconduct allegations to survive officer resignation or retirement has been identified to March 2026.
Response — verbatim from government
●Home Office
Directed to Home Office. Part of broader review of complaints and disciplinary system.
Home Office · 1 Aug 2023 Written response →
Evidence trail — what's actually happened since
- 23 Oct 2025 Police Accountability Rapid Review published October 2025 (Tim Godwin and Sir Adrian Fulford). Review covers police accountability reforms including dismissal processes but does not directly address this specific recommendation on simple misconduct surviving resignation. Changes to Police (Conduct) Regulations 2020 intended for Spring 2026. Source →
- 1 Aug 2023 Status as of College of Policing APP-AP update (August 2023): Awaiting Response Source →
Each entry above links to a primary source — gov.uk written statement, consultation response document, or inspection report. The Index does not characterise government intent; it tracks what has been published.
How this page is built
Source and Response are verbatim from primary documents. The Evidence trail records published activity since — written statements, consultation outcomes, inspection findings, parliamentary references. The Index does not paraphrase or characterise intent; it tracks what has been published. Where the evidence is the absence of action (a missed deadline, a slipped timetable), that absence is documented from primary sources rather than inferred.
This recommendation's data is verified periodically against primary sources. The Index is monitored for staleness weekly.