AN organisation which represents rank and file police officers in Devon and Cornwall says he is ‘increasingly concerned’ that the Independent Office of Police Conduct is unfairly targeting frontline officers.

Rob Greening, Devon branch secretary of Devon and Cornwall Police Federation, raises the case of response officers who had a misconduct enquiry hanging over them for two and a half years.

This concerned use of force by an officer in detaining a suspect during a knife incident in the centre of Exeter in March 2023.

The officer in question was cleared of common assault by a court and their conduct backed up by superiors in the force.

However, the IOPC, an independent body which looks into accusations of misconduct by police officers, continued to pursue a misconduct case against the officer. It also investigated whether the two officers accompanying the first officer should face a force disciplinary hearing for gross misconduct, on the premise that they should have intervened.

The IOPC directed that a disciplinary hearing be held by Devon and Cornwall Police for all three officers. They were cleared of wrongdoing, but the whole process took more than two years.

Mr Greening questioned the logic of this, and the fairness.

“Police officers across the country are working under immense pressure, facing increasingly complex and dangerous situations while being subject to intense scrutiny,” he said. “Many feel that the IOPC’s approach to misconduct investigations is contributing to a climate of fear and uncertainty, rather than fostering accountability and trust.

“A recent case, known as Operation Forseti, has brought these concerns into sharp focus. The investigation centred on three Devon and Cornwall Police officers who responded to a serious incident in Exeter on 19 March 2023, involving knife-related injuries to members of the public.

“Upon arrival, the officers encountered a chaotic scene and were directed towards a possible suspect. They identified a male known for previous violent offences, including knife crime.

“Believing he may be armed, the officers attempted to detain and search him. The situation escalated when the male became verbally aggressive and appeared to throw an unidentified object. Despite repeated commands to comply, he resisted.

“One officer deployed a Taser red dot as a warning, while another used force to bring the male to the ground, concerned for the safety of a colleague.

“The individual was restrained, searched, and ultimately eliminated from the investigation. The officers continued their search and successfully apprehended a suspect who later admitted involvement in the incident.

“Despite the court finding the officers’ actions lawful and dismissing charges of common assault, the IOPC pursued gross misconduct proceedings.

“Devon and Cornwall Police initially opposed this, citing the court’s ruling and the officers’ transparency throughout the incident. Nevertheless, the IOPC directed the force to proceed with a misconduct hearing, which hung over the officers for two and a half years.

“The toll on these officers—who were cleared of wrongdoing both by their supervisor and the judicial system—was significant. Two were accused not of using force themselves, but of failing to challenge a colleague’s actions. This raises serious questions about the IOPC’s interpretation of accountability and its apparent disregard for judicial outcomes.

“There is a growing sentiment among officers that the IOPC is more focused on punitive measures than on fair and balanced investigations. Some officers now report hesitating to take necessary action for fear of being subjected to years-long investigations, even when their actions are lawful and justified.

“This situation prompts a broader question: Who holds the IOPC accountable? Are their investigations subject to the same standards of transparency and scrutiny they demand of police officers?

“No one disputes the need to remove officers who betray the values of the police service. Swift and decisive action is essential in such cases. But the vast majority of officers are dedicated crown servants doing a difficult job under increasingly challenging conditions. They deserve support—not suspicion—when acting in good faith to protect the public. It is time to re-evaluate how misconduct investigations are conducted and ensure that the systems in place support both public confidence and officer wellbeing.”

The IOPC has defended its actions in the Exeter case.

A spokesperson said: “These were serious allegations of excessive force and alleged discrimination by officers against a member of the public, so it was important they were independently and thoroughly investigated.

“Following the conclusion of criminal proceedings, we reviewed all the evidence and carefully considered our decisions in relation to misconduct allegations. As a result of this review, we withdrew our directions to Devon and Cornwall Police to hold proceedings for a number of allegations against the officers. These allegations related to the grounds the officers had to stop and search the member of the public and the reasonable force used to carry out that stop and search.

“However, we determined one specific aspect of one officer’s use of force still met the threshold for a case to answer – set out in legislation and Home Office guidance, and which we must apply – which required the officer to attend a misconduct hearing. We also determined the other officers who witnessed this use of force may have failed to challenge or report that conduct and had a case to answer for this. Those officers did not face allegations in relation to their use of force.

“The threshold test in misconduct hearings is whether, on the balance of probabilities, a case is proven which is lower than in criminal proceedings where guilt must be beyond reasonable doubt. Guidance is also clear that where the case to answer test is met, there must be compelling reasons not to direct misconduct proceedings. The Home Office is carrying out a review of the legal test for the use of force in misconduct cases, but we must apply the law as it currently stands.

“We do not underestimate the impact investigations and any associated legal processes can have on officers. We aim to investigate cases thoroughly and as efficiently as possible.

“From the outset of an investigation the safeguarding and welfare of officers involved is a priority for us. Each police force is responsible for the welfare of their officers and staff, but we must ensure officers under investigation are engaging with their force point of contact to access support and to understand any concerns.”