Thames Valley PCC Succession Plan

Following the announcement from Part One of the Review into the role of Police and Crime Commissioners (PCCs), in a letter dated 9 July 2021, the Minister of State for Crime and Policing advised all PCCs:

“… we committed to legislating…. to mandate that all PCCs must appoint a deputy.

The necessity for a deputy has been brought into sharp focus by the Covid-19 pandemic, which led to an enforced delay to the PCC elections in 2020. The Home Secretary’s statement also highlighted our plans to look at expanding the role of PCCs. Selecting a deputy not only provides the local accountability model with greater resilience in the event of incapacity, for example, but also the ability to effectively carry out the duties and responsibilities of the role by increasing the capacity of the model…

… I expect all PCCs to work with their office to put in place a formal succession plan to be followed in case of vacancy or incapacitation, where one does not already exist. I would also ask that you involve your police and crime panel in these discussions as necessary, given their statutory role in this process…”

As such, following the advice from the Minister of State for Crime and Policing, this document has been created to set out the succession plan for the PCC for Thames Valley, should this be required. Please note that this should only be taken as a brief summary- for more detailed information, please refer to the relevant legislation and guidance.

Relevant legislation

The Police Reform and Social Responsibility Act 2011 sets out the legal provisions that apply regarding the appointment of a deputy and further, the steps required to be taken in the event of a PCC vacancy or incapacitation.

Under Section 18 of the Act, it is for the PCC to use their discretion as to whether they appoint a deputy PCC, who would become a member of OPCC staff, however under Schedule 1 of the Act, the PCC must notify the proposed appointment to the Police and Crime Panel. The Panel will review the appointment and make a recommendation as to whether or not the candidate should be appointed, albeit the PCC is at liberty to accept or reject the recommendation made.

Section 51 of the Act sets out that where there is a vacancy in the role of PCC, an election should be held to fill that role, unless the vacancy occurs within six months before the next ordinary election. In such circumstances, the role should be left unfilled until the next ordinary election.

Where the role of PCC is vacant, or where the PCC is incapacitated or suspended, Section 62 of the Act provides that the Police and Crime Panel must appoint a person to act as PCC, to discharge the functions of the PCC and enable the day to day functioning of the OPCC within the interim period before an new PCC is elected. The acting PCC must be a current member of staff within the OPCC and all the functions of the PCC would be exercisable by them, apart from issuing or varying a Police and Crime Plan.

The appointment of an acting PCC ceases to have effect if/when:

• a new PCC has been elected;
• the Panel decide to terminate the appointment by the Panel;
• the PCC ceases to be incapacitated; or
• the PCC ceases to be suspended.

Thames Valley Plan

As above, where the requirement for appointment of an acting PCC arises, the Police and Crime Panel will be required to appoint an acting PCC from a member of OPCC staff.

Whilst the decision on who to appoint is solely a matter for the Panel, where the PCC is incapacitated, they must have regard to any representations made by the PCC in relation to the appointment. The PCC for Thames Valley has not appointed nor considered it necessary to appoint a deputy (however this will be kept under review as the Home Secretary’s plans to expand the role of PCCs emerge and are enacted).  That being said, the PCC has made the decision not to make representations to the Panel on this matter.

Review

This succession plan will be regularly reviewed, in particular where a deputy is appointed by the PCC or if there where there is a change in the person holding a senior role within the OPCC.