Decision details

The Chief Executive Officer noted that members of the North Yorkshire Police, Fire and Crime Panel had met informally remotely on 14 October 2021, and had recommended that a vote of no confidence be taken by the Panel in respect of the ability of Mr Philip Allott to continue to undertake the role of Police, Fire and Crime Commissioner for North Yorkshire.

Having taken into account:
• the views and concerns of Panel Members as expressed at the meeting;
• the views of complainants to the Panel as shared at the meeting;
• the representations made by the Commissioner regarding his handling of the BBC Radio York interview on 1st October 2021 in which he made remarks regarding the murder of Sarah Everard; and
• all relevant information

the Chief Executive Officer resolved to formally approve the recommendation that a vote of no confidence be passed by the Panel in the Commissioner’s ability to undertake his role.

By whom: Richard Flinton, Chief Executive Officer, under his emergency delegated powers and after consultation with the Members of the North Yorkshire Police, Fire and Crime Panel.

Please note that as a non-executive decision by an officer, this decision is not open to call-in.

Under his delegated decision making powers in the Officers’ Delegation Scheme in the Council’s Constitution, the Chief Executive Officer has power, in cases of emergency, to take any decision which could be taken by the Council, the Executive or a committee.

Following on from the expiry of the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 (“the 2020 Regulations”), which allowed for committee meetings to be held remotely, the County Council resolved at its meeting on 5 May 2021 that, for the present time, in light of the continuing Covid-19 pandemic circumstances, remote live-broadcast committee meetings should continue, as informal meetings of the committee members, with any formal decisions required being taken by the Chief Executive Officer under his emergency decision making powers and after consultation with other Officers and Members as appropriate and after taking into account any views of the relevant Committee Members and all relevant information. This approach will be reviewed by full Council at its November meeting.

The Chief Executive Officer has taken all relevant information into account in exercising his emergency delegated powers in this matter, including, but not limited to, considering the views of the North Yorkshire Police, Fire and Crime Panel Members.

The reasons for the decision in this matter are as follows:

• The Panel has received a high volume of (non-criminal) complaints regarding the conduct of the Commissioner following a radio interview he gave in relation to the murder of Sarah Everard on 1st October 2021.
• The total complaints received by Panel and the Commissioner’s office number over 1000 and the Panel is continuing to receive complaints and expressions of concern.
• In responding to the complaints, the Commissioner had already provided an amplified apology for the Panel meeting on 14 October 2021. However, many complainants had expressed concern that the apologies publicised had been inadequate to the issue and did not sufficiently give them confidence in the Commissioner’s ability to undertake his role.
• Further to questions from Panel Members at their meeting, many Members similarly expressed concerns that the reparation offered by the Commissioner’s apology did not go far enough and that confidence in the Office of the Police, Fire and Crime Commissioner had been severely damaged by the Commissioner’s initial interview remarks and subsequent comments.
• The Panel cannot legally compel the Commissioner to resign and there is no power of recall to Commissioners, currently.
• As such, in view of the overwhelming concerns regarding the Commissioner’s conduct and his inability to restore confidence in his office, the Panel recommended that a vote of no confidence be passed regarding the Commissioner’s ability to undertake his role.
• The vote of no confidence was carried unanimously in the informal meeting, subject to approval by the Chief Executive Officer under his emergency delegated powers.

N/A.