Northern Ireland Policing Board fails to acknowledge Police Ombudsman PPS file and leave of absence

On 17 June Police Ombudsman for Northern Ireland (PONI) Marie Anderson announced that she was taking a voluntary leave of absence after police sent a file linked to her office to the Public Prosecution Service (PPS).

The Policing Board, which holds the PSNI to account, held its first monthly meeting since the development on Thursday, however the situation failed to merit any mention.

Former senior officer Jon Burrows, who was head of PSNI discipline, said he was disappointed the matter was not even acknowledged – and said it should be on the agenda for the next meeting

Ms Anderson’s leave came after an independent investigation into events relating to an incident at a property linked to her in Holywood, Co Down in 2023.

PSNI went to the property at about 6.30pm on Saturday 23 September 2023, after a report of a domestic incident.

A man was arrested and later released pending a report to the Public Prosecution Service (PPS) and a caution issued to him.

West Midlands Police then investigated further aspects of the incident and sent a file of evidence to the PPS on 10 June.

The PPS said the file was “reporting one individual for potential offences of perverting the course of justice and misconduct in public office".

Ms Anderson stepped aside six days later, several hours after a lengthy debate on the issue on the Nolan Show.

Although she had decided to retire from her role in December this year, she said, it has become "increasingly clear that current commentary is detracting from the focus of that work.”

She therefore took a decision to take a temporary leave of absence with immediate effect, delegating her authority to her chief executive and senior staff in her absence.

The Police Federation commented that if a similar file was sent to the PPS in relation to any police officer, "they would, without exception, have been suspended from their duties".

The Northern Ireland Office told the News Letter that only The Executive Office (TEO - First and deputy First Ministers) can make decisions on the appointment/retirement of any Police Ombudsman.

However it is not clear that anyone has the legal power to suspend any holder of the office.

Despite almost repeated requests since 11 June, TEO has yet to make any comment.

However Mr Burrows said it was “a pity” that the situation was not acknowledged at the Policing Board meeting.

"There are yawning gaps in the accountability framework for the Office of Police Ombudsman that need to be addressed urgently,” he said.

"The Ombudsman has said she intends to retire in December. It is important that the legislation is corrected before her successor is appointed.

"The Policing Board can suspend a chief constable if needed, but only with the permission of the Police Ombudsman.

"However, no such mechanism exists to suspend a Police Ombudsman, should such a situation be required.

"The Department of Justice and Executive Office should be working now on what the legal accountability framework should look like for the next ombudsman.

"The Justice Committee should also be asking questions. This needs to be sorted urgently."