Complaints against officers

[Fedster + 1,307]

Documents left in attic were found by a member of the public.

 

Date - 24th September 2018
By - JJ Hutber- Police Oracle

1 Comment

 

A PC appealed to a misconduct panel to give him a second chance and let him return to the job he loves after a stash of almost 50 sensitive documents were discovered in the loft of his former home.

Bedfordshire Police PC Damien Ratcliffe admitted the potential impact could have been catastrophic for those named in the files but said he had no recollection of taking them home or storing them in the attic.

The paperwork, which concerns about ten individuals, was dated over nine-to-ten months up to April 2016, during a time of personal turmoil for the officer.

He also left a stab vest behind at his former home in Kempston, near Bedford.

A misconduct hearing was opened today into allegations PC Ratcliffe breached the standards of professional behaviour with respect to duties and responsibilities and confidentiality at the Old Court House in Biggleswade, Bedfordshire.

PC Ratcliffe admits misconduct but denies his actions amount to gross misconduct.

He has worked as a police officer for 12 years, mainly in response.

From 2014 his personal life started a downward spiral, with the breakdown of his marriage and mental health, he told the hearing.

The following year he moved into a property in Kempston with his new partner but his former wife started restricting access to his two young boys.

“My wife wouldn’t let me see my boys as much. My boys are my life. I can’t not see them,” he told the hearing.

“She wasn’t happy I was living with [his partner] at the time, basically didn’t want to have access.

“It tore me apart - I can’t describe it any worse than that.

“I was working normal hours, [I was] expected to get up and take them to pre-school. To go from that to seeing them once a week absolutely killed me. I love my kids.”

He said he started taking anti-depressants following a breakdown at work in 2014 and is taking a different prescribed anti-depressant now to help him cope.

His relationship with his new partner ended in the summer of 2016 but PC Ratcliffe remained at their home in Kempston for another year until their contact ran out.

PC Ratcliffe said he has no recollection of taking documents backwards and forwards on multiple occasions from work but accepts he must have taken the files home or they would not have been found in his loft.

He said he took the documents home because his paperwork storage and locker were overflowing and he did not want the documents “floating around the police station” but confessed he did not ask his manager for an extra box or an alternative.

The 49 different documents mainly concerned evidence from criminal investigations, including statements and bail forms.

They were found by a member of the public and handed in to the police. It is accepted by Bedfordshire Police they were not widely disseminated and seen only by the person who found them.

PC Ratcliffe told the hearing: “I’m just sorry I’ve caused all this. The last six months of my life have been hard enough without this hanging over me.

“I love my job. I’ve never found it easy.

“If I could take it back I would do so in heartbeat.

“It could have been horrendous. All these people could have had their details put anywhere. People have a right to a private life and I could have ruined all that.

“Obviously it would have embarrassed my colleagues and my management and that’s the last thing I wanted to happen to anybody.”

PC Ratcliffe told legally qualified misconduct panel chairman Trevor Jones: “The last six months of my life have been awful.

“I love my job. I’ve had my hard times in my job, I have hit rock bottom in this job.

“I have been to some awful incidents but this is the most stressed I have ever been.

“My partner has suffered, she’s eight and a half months pregnant and I’ve been grumpy as hell at home.

“If I cause the force any embarrassment I’m sorry. It wasn’t intentional in any shape or form.

“I’m hoping if I can return to my job, I’ll do it to the best of my abilities when I go back.”

Lawyer for Bedfordshire Police Mark Thomas argued the documents “couldn’t have been more sensitive”.   

“Although accepted by appropriate authority that the information contained within documents taken home was not widely spread among individuals it has to be considered the proportional impact of that information being disseminated more widely would have been significant,” he said.

PC Ratcliffe’s lawyer Sam Trefgarne pointed out there is “no question” over his client’s honesty and integrity.

Two references provided in evidence praise his “relentless” hard work, Mr Trefgarne said.

He said the documents were not “particularly sensitive” compared to classified police files concerning terrorism or covert tactics and PC Ratcliffe had not left them in a place where they were likely to be have been found, such as a café on in a car.

“It is no surprise operational policing is a stressful and difficult job. When one adds personal stress that could be the straw that breaks the camel’s back,” he said.

The panel’s decision is expected this afternoon.

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[bensonby + 3,503]

He kept his job. Quite rightly. There is no way on earth this should have been treated as Gross Misconduct.

[Zulu 22 + 4,571]

2 minutes ago, bensonby said:

He kept his job. Quite rightly. There is no way on earth this should have been treated as Gross Misconduct.

I agree, many officers have done work and complied files at home and even kept copies for their own information and even safeguarding.  I have known it when an officers statement has been altered and he has failed to check it line for line after typing up for court.

Come to think of it I have a box in my loft which contains copies of files which might have gone missing. I must go up and check and I suppose that it would now be safe to destroy them. We also had a system where your pocket books were stored in a central store. If you needed them for Court you had to sign them out and back in again after use. I regarded my pocket books as for me to take charge of their security. Perhaps I could now destroy them as well.

[Fedster + 1,307]

PC who left sensitive documents in loft avoids dismissal

His sanctions were reduced after his lawyer said the panel chairman had not followed the correct process.

 

Date - 24th September 2018
By - JJ Hutber- Police Oracle

2 Comments

 

A police constable who left his stab vest and criminal investigation paperwork behind when he moved house can return to work, a misconduct panel has ruled.

Bedfordshire Police PC Damien Ratcliffe admitted he left 49 documents from cases he was working on and an old stab vest in the attic of a property in Kempston (near Bedford) last year but told a misconduct hearing today he has no recollection of how they got there.

At the time his ex-wife was withholding access to his two young boys and he was suffering from and continues to suffer from depression, he told the hearing at the Old Court House in Biggleswade today.

The documents, which were handed to the police by a member of the public, contained the personal details of about ten different people.

He has been on sick leave since July but is “desperate” to return to the job he loves and is attempting a phased return to work, the hearing was told.

Initially misconduct panel chairman Trevor Jones ruled PC Ratcliffe’s actions amounted to misconduct rather than gross misconduct and handed him a final written warning to last for 18 months.

“This has been a serious matter. Although clearly personal data fortunately didn’t get out, significant harm might have followed especially when you have people you need to be encouraged to come forwards - domestic violence and victims various backgrounds,” he said.

But he agreed to reconsider after lawyer for PC Ratcliffe Sam Trefgarne pointed out he had not followed the proper misconduct hearing process.

The protocol is for the misconduct panel chairman to deliver their ruling on whether the officer’s conduct constitutes gross misconduct and hear further mitigation before deciding on sanctions.

At today’s hearing Mr Jones delivered his verdict on the seriousness of PC Ratcliffe’s behaviour and outcome at the same time.

He told the hearing he thought Mr Trefgarne had delivered all the submissions he wanted to make.

Mr Trefgarne responded Mr Jones would not have access to PC Ratcliffe’s record of service before making a judgement on his conduct so as not to taint his findings.

PC Ratcliffe’s service history shows he was off work with stress for a month in June 2013 [the year his marriage broke down], again for ten days in November 2014 suffering from depression and has been on sick leave since July this year.

His first formal training data management took place in February this year, he said.

The police constable’s references show he is an “officer once instructed to do something does not make the same mistake twice, he is a person who learns from his mistakes and takes feedback on board,” Mr Trefgarne said.

“In my submission a final written warning is so serious a sanction and hangs over an officer’s head for so long it gives a message to the public this is only a hair’s breadths away from being dismissed that the misconduct does not merit it.

“When an officer is dealing with the public in highly charged situations it can hold people back because they’re worried any action they take may be excessively scrutinised.”

After reviewing Mr Trefgarne’s submissions, Mr Jones said he was “persuaded” a 12-month written warning instead of the 18-month final warning would be appropriate.

PC Ratcliffe declined to comment on the outcome.

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[Reasonable Man + 1,231]

I agree, many officers have done work and complied files at home and even kept copies for their own information and even safeguarding.  I have known it when an officers statement has been altered and he has failed to check it line for line after typing up for court.
Come to think of it I have a box in my loft which contains copies of files which might have gone missing. I must go up and check and I suppose that it would now be safe to destroy them. We also had a system where your pocket books were stored in a central store. If you needed them for Court you had to sign them out and back in again after use. I regarded my pocket books as for me to take charge of their security. Perhaps I could now destroy them as well.

I think you missed off the tongue in cheek emoticon. Unless you are seriously admitting a breach of Data Protection legislation.

[Sceptre + 2,701]

On 24/09/2018 at 19:04, Zulu 22 said:

I agree, many officers have done work and complied files at home and even kept copies for their own information and even safeguarding.  I have known it when an officers statement has been altered and he has failed to check it line for line after typing up for court.

Come to think of it I have a box in my loft which contains copies of files which might have gone missing. I must go up and check and I suppose that it would now be safe to destroy them. We also had a system where your pocket books were stored in a central store. If you needed them for Court you had to sign them out and back in again after use. I regarded my pocket books as for me to take charge of their security. Perhaps I could now destroy them as well.

170 Unlawful obtaining etc of personal data

(1) It is an offence for a person knowingly or recklessly...

(c) after obtaining personal data, to retain it without the consent of the person who was the controller in relation to the personal data when it was obtained.

 

People will inevitably take work home sometimes and accidents will happen occasionally, which surely should be seen as a performance issue not gross misconduct. That being said a lot of them could be prevented with a bit of diligence and some sensible choices about where to store things, personally I wouldn't take documents home as it isn't that difficult to find places in police stations to keep the odd box of files.