ELetter from Ron Ball, Warwickshire Police and Crime Commissioner, 8 March 2016

Thank you for your letter of 24"February seeking my views on police and crime panels. Before addressing that issue could I give an honest answer to the final question you asked us about what I will miss about this job? If anyone had suggested to me five years ago that I would find myself giving evidence to HASC I might have suggested that they find a quiet, dark room and lie down until they feel better. It has been a real buzz doing things like that and I will miss it. Having said that, I am grateful that we got a much easier time than Sir Bernard, who certainly impressed me.

I also gave a rather weak answer about dealing with islamophobia. We do take it seriously and I have secured the attendance of Baroness Butler-Sloss for a multi-faith day on the back of the “Living with Difference” report produced by the committee she chaired. The event is county-wide and will take place on the 12 April.

In many ways I have found dealing with our Police and Crime Panel frustrating. Much of that frustration has been driven by the Panel not properly appreciating what their role is. The absence of that clarity has meant that they have strayed into what I would can "scrabbling around in the weeds". I am certain that I am not the only Commissioner to observe that the Panel have grasped the “scrutinise" part of their role without giving sufficient (or any) consideration to their supporting role. My chief executive – who is an extraordinarily patient man – has been frustrated by how much work the Panel have generated, both for my office and for the Force, without adding noticeable value for the public.

This shouldn't be just an exercise in getting things off my chest, so I will offer some constructive suggestions. In terms of the composition of the Panel, I don't have any criticisms of the current system for populating it. It needs to be representative of the different geographical areas and must also broadly accurately reflect the political mix of the county. It does that successfully. What I think would be helpful is to make clear to panel members that this is a different job from being a councillor and needs to be done differently. I have been disappointed at how difficult it has been to get the panel to think strategically. I'm going to give the panel an end of term report, which I hope will enable my successor to work better with them in this respect.

An allied point is that policing and local government feel as though they are becoming more distant from each other. I have made offers both to the county and districts and boroughs to make myself available to answer questions (in the answerable" rather than "accountable" sense) but the take up has been poor. In three and a half years the chief constable and I have added the county council only once. I don't think this is healthy.

The question of PCP powers is interesting. What frustrates the panel I am sure is that they feel that they should be able to influence how policing is done in their area. That should not change. A PCC is elected on his or her manifesto. They cannot be expected to face the electorate again with a record that has been a compromise between the commissioner and the panel.

When it comes to powers over the precept, once again I think the current powers are appropriate. The budget s such a crucial part of what a Commissioner can or cannot plan, that I think the PCC model is seriously undermined if he or she doesn't have significant control over it. Under the existing system, a partly informed group (because that is what they inevitably are) has the power to effectively ask the Commissioner to think again. I wouldn’t advocate going further than that.

The PCP should only have regard to conduct issues as far as the PCC is concerned. It should have no powers when it comes to policy. I am not completely clear on this yet, but the PCP should have a significant role when dealing with complaints against a PCC, including being responsible for ensuring that a proper investigation is carried out. It then depends on the severity of the accusation. Low level complaints ought to be resolvable locally within the panel itself. Serious complaints should be dealt with externally.

Since we are dealing with conduct issues only, specialist policing knowledge is not required and so this could be conducted by other public bodies - not necessarily another PCP. Who should pay for that? In my view the PCC should pay. There should be an incentive not to sail close to the wind! I do not agree that a PCC's chief executive should ever conduct the investigation into h s or her boss. Any finding of innocence would inevitably lead to questions about impartiality.

Should a PCP ever arrive at a position where they unanimously call for the resignation of a PCC, it would be completely wrong for the PCC to be able to completely ignore it – as is now the case. It should not be simple to remove a PCC, but it should not be impossible either. Perhaps this would work:·

1. A finding of gross misconduct from an outside body
2. Unanimous vote from the PCP calling for resignation
3. Agreement from the Home Secretary and Shadow Home Secretary

One of my proudest achievements when I led the independent group of commissioners, was to get unanimous agreement from them that PCCs should have the same system for removal as MPs. (Herds and cats come to mind!) That discussion appears to have gone into the long grass. I am about to become an ordinary citizen. I would like to feel that whoever my PCC is after May should not in any sense feel fireproof once they are elected. My three point system outlined above would have sufficient safeguards I believe.

In conclusion, I would suggest that there is now sufficient experience working with panels for them now to be given some guidance as to what their role is and what their powers are. I don't think my experience is unique in dealing with a panel who don't think strategically enough. Their job would be more rewarding if they did and they would generate less work and bureaucracy. We would all benefit.

It has been an absolute privilege doing this job. There is a great deal that I will miss, but I have acquired new skills. I now know how to be a really awkward vexatious complainant and I intend to exercise those skills to the full.

Ron Ball

Warwickshire Police and Crime Commissioner