Officers investigate alleged domestic assault while another officer attempted to interfere with the investigation – Sussex Police, August 2019

On 13 August 2019 a member of the public, who was a domestic worker, called Sussex Police to report she had been assaulted by her employer who she also lived with.

When officers arrived, an off-duty police officer, who was also a family friend, was already at the scene having been asked to attend by the employer. On arrival, the attending officers spoke to both parties and the off-duty officer. They made the decision not to arrest the employer and took no further action in relation to the case. They recorded the incident as a mental health episode.

On 22 August 2019 the same member of the public called Sussex Police to request that her previous report of assault was investigated. She stated she had previously been under duress and persuaded by the off-duty officer not to make a statement.

As part of our investigation, we arrested and interviewed an officer on suspicion of perverting the course of justice and corruption in relation to the reported assault. We considered evidence including her mobile phone records and that of the suspect. The suspect for the alleged domestic assault was also investigated by the IOPC on suspicion of perverting the course of justice. We also interviewed the other two officers, analysed their body worn video footage and obtained numerous witness statements.

Our investigation concluded in May 2020.

We concluded that three officers had a case to answer for gross misconduct. Sussex Police agreed with us that the three officers had a case to answer for gross misconduct and arranged for the disciplinary proceedings to take place.

Two Sussex Police officers were dismissed without notice after a disciplinary panel heard one officer failed to investigate allegations of domestic assault while another officer attempted to interfere with the investigation.

An independently chaired disciplinary panel found gross misconduct proven against the two officers at a hearing organised by the force on Friday 16 July 2021 and they were dismissed without notice.

They were both found to have breached the standards of professional behaviour for honesty and integrity; authority, respect and courtesy and duties and responsibility.Additionally, one officer was found to have breached the standards of equality and diversity, and discreditable conduct. The second officer also breached confidentiality standards.

Criminal charges against one officer and the suspect for the alleged domestic assault were considered and a file was referred to the Crown Prosecution Service (CPS). The CPS decided not to bring any criminal charges against either of them.

The third officer received a written warning for misconduct after it was proven they breached the standards of professional behaviour in respect of duties and responsibility for failing to investigate the alleged domestic assault.

We carefully considered whether there were any learning opportunities arising from the investigation. We make learning recommendations to improve policing and public confidence in the police complaints system and prevent a recurrence of similar incidents. In this case, we identified organisational learning and progressed this under Paragraph 28A, Schedule 3, Police Reform Act 2002.