Police Ombudsman 'blunder' over saying investigators 'believe' complaints against police officers
The Police Ombudsman has damaged her credibility over her position that criminal sexual allegations against police officers should be believed in the first instance, an MP has said.
Jacqui Durkin, who took over from her controversial predecessor Marie Anderson earlier this year, said there should be an assumption that complainants are believed until an investigation is conducted.
The comments to the BBC’s Nolan Show have been criticised by the TUV leader Jim Allister, who said the ombudsman “has blundered badly and to detriment of her credibility”.
“She can’t proclaim neutrality and say such investigations are evidence led if the starting point is a presumption of guilt, because such a presumption is the consequence of a blanket belief of complainants. Such is the antithesis of a fair investigation”, the North Antrim MP said.
The ombudsman also said that only 15% of all complaints coming into the organisation are deemed to give “some cause for concern”.
In an interview with Stephen Nolan, the Police Ombudsman was asked if the “starting point” is for the organisation to tell a complainant “we believe you”.
Ms Durkin said: “I think every person who makes an allegation of that nature, any victim who comes forward, needs to be dealt with appropriately and needs to feel that they are believed.
“And the role of the investigators here are to work with that victim and gather evidence. But anybody, any vulnerable person who's alleging they're the victim of sexual abuse by a police officer, of course, needs to be treated with dignity and respect”.
The ombudsman added: “I think for any victim of sexual abuse, it's important that when they come forward to whatever office, whether it's to this office or whether it's to the PSNI, or to disclose that sort of sensitive and personal information to somebody, of course they need to feel appropriately supported when they feel… they want to come forward with that sort of information”.
Pushed on whether it is different feeling supported or feeling “believed”, she said “is one not part of the other, though?”
The police watchdog chief said it is not automatically assumed that such allegations against officers are vexatious complaints .
“We are neutral and we are independent… until you have evidence to support or to negate the allegation that they've made, you have to assume that they've come forward to make a valid complaint”. the ombudsman said.
She told Mr Nolan: “you asked me about somebody who made an allegation of sexual abuse by a police officer, about whether the basis of them coming forward would be on the premise that they're believed.
“So anybody who approaches any formal mechanism… whether that's to the police or to ourselves or some other body, if someone who is ready to disclose that sort of information, the worst possible thing you can do is not to treat them as if they are being truthful and treat them without dignity or respect”.
Ms Durkin then said her office would be completely impartial in how it investigates complaints.
UUP leader Jon Burrows said the job of an investigator is to get to the truth. He told the BBC: “You've got to be empathetic, supportive, of those who make complaints, particularly of a sexual nature against a police officer.
“Tell them that you're going to do everything you can to get the truth. You're going to give them every welfare support and trauma support that you can, but you remain open-minded.
“Because unless you do, you actually risk letting the victim down – or someone who has a false allegation made against them down.
“You've got to probe a case, you've got to find evidence, you've got to look at the strengths and weaknesses”, the North Antrim MLA said.
Mr Burrows added: “If you start an investigation with a mindset that one person or the other person is telling the truth, it actually affects your investigative open-mindedness. It affects how you investigate.
“It's absolutely important that you divorce two things: the care and support you give for complainants and victims, and your duty as an investigator to be open-minded, to probe a case, and to actually be even-handed.
“And the ombudsman needs to make sure that every single one of her investigators knows that their duty is to the truth.
“They have a responsibility to those who come and make complaints to treat them fairly, to give them support, to be empathetic, but also to the police officer to say if this is a false complaint, we will exonerate you.
“Getting to the truth is the job of an investigator, but you do it in a trauma-informed way”.