The Section 38 process, set in motion by the suspension of the Chief Constable by the South Yorkshire Police and Crime Commissioner, has now reached the next stage.
Dr Alan Billings notified the Police and Crime Panel, on 15 August, of his intention to continue with the Section 38 process to call for the retirement or resignation of Chief Constable David Crompton.
Section 38 of the Police Reform and Social Responsibility Act 2011 sets out a statutory process that the Police and Crime Commissioner must follow before he makes a final decision on whether to call for Mr Crompton to retire or resign.
Dr Billings suspended Mr Crompton on 27 April due to an erosion of public trust and confidence following the Hillsborough Inquests.
As required by the legal process, Dr Billings wrote to Sir Tom Winsor, Her Majesty’s Chief Inspector of Constabulary, explaining his proposal and seeking his views. Mr Crompton was then invited to provide his representations.
Dr Billings has now considered all views and representations and has invited the Police and Crime Panel to provide their recommendation on the proposal. This will be done at a private scrutiny hearing, to be organised by Rotherham Metropolitan Borough Council’s Democratic Services Department. The Panel has six weeks from the date of the Police and Crime Commissioner’s notification in which to hold a scrutiny hearing and to provide him with their written recommendation.
Dr Billings must then consider the Panel’s recommendation and notify the Panel as to whether or not he accepts it.
The process then provides that the Police and Crime Commissioner makes the final decision on whether to call for Chief Constable Crompton’s retirement or resignation, and the Chief Constable must comply with the Police and Crime Commissioner’s decision.