Complaint to Sussex Police and Crime Panel 10 April 2024
Complaint of criminal conduct: PCC Katy Bourne and CC Jo Shiner
Clerk of the Police and Crime Panel Sussex Police & Crime Panel
Room 102 (Cabinet Office) 1st Floor,
West Wing County Hall
Chichester PO19 1RQ
25 March 2023
Dear Sir,
I trust this letter finds you in good health. I am writing to follow up on my previous communication and to express my ongoing concerns regarding the conduct of the Police and Crime Commissioner (PCC) within our jurisdiction. With reference to my complaint lodged in November 2022 regarding the dual registration of the Police and Crime Commissioner to the College of Policing Limited, and her three registered identities, one of which contained an inaccurate date of birth, it is concerning that despite subsequent deduplication, the evidence of her dual registration was removed.
Registering multiple "unique identities" is a clear violation of Section 1082 of the Companies Act, and this breach of the law is compounded by similar concerns raised in my complaint regarding her Chief Finance Officer, Iain McCullough. Transparency and integrity are paramount in public office, particularly in positions of authority such as that held by the Police and Crime Commissioner.
The failure to adhere to legal requirements and ethical standards undermines public trust and confidence in the office and the institutions it represents. Therefore, I request immediate action from the Police and Crime Panel. Firstly, I request a copy of the authorisation or amendment to the PCC's statutory powers that delegates her the authority to serve as a director of College of Policing Limited, Bluelight Commercial Limited, and Police Digital Service. Failure to provide evidence of such delegation must be met with decisive action.
In the absence of the requested documentation and as a result of her two breaches of Section 1082, her proven failure to disclose her interests and duplicated registration to the College of Policing, I call for the immediate resignation of the Police and Crime Commissioner. It is incumbent upon public officials to uphold the law and act in the best interests of the communities they serve. Any failure to do so undermines the principles of democracy and accountability upon which our society is founded. Thank you for your attention to this matter. I expect a prompt response and swift action to address these serious concerns.
Yours sincerely,
Alison Wright
The response received from the Police and Crime Panel:
Serious complaint. Allegations of criminal conduct.
Ninesh Edwards <ninesh.edwards@westsussex.gov.uk>
To: alisonwright45@btinternet.com;
03/04/2024 10:20
Dear Ms Wright,
Thank you for your letter reiterating your concerns about the Commissioner’s interests. I refer you to the responses provided to you previously.
Please contact the Office of Sussex Police and Crime Commissioner for the documentation you seek.
Best wishes,
Ninesh Edwards
Officer of the Clerk to Sussex Police and Crime Panel
My response.
10 April 2024.
Dear Mr Edwards,
Thank you for your swift reply to my later dated 25 March 2024. My previous complaints have provided evidence of the following breaches of the law made by Police and Crime Commissioner (PCC) Katy Bourne.
Registering 3 identities in Companies House is a breach of Section 1082 of the Companies Act 2006, which makes it clear that an individual should hold only one “unique identifier”.
Providing false details on legal documents, with an inaccurate date of birth.
Failing to disclose her interests in the Register of Interest.
Dual registration as director of College of Policing. The risk being that these dual appointments were referenced to enable dual bank and trading accounts to be opened on 28 May 2013.
These serious complaints of criminal conduct remain inadequately addressed by the Police and Crime Panel.
My letter dated 25 March 2024 raised a different concern.
Katy Bourne operating beyond delegated powers
I requested “ a copy of the authorisation or amendment to the PCC's statutory powers that delegates her the authority to serve as a director of College of Policing Limited, Bluelight Commercial Limited, and Police Digital Service.” You have been unable to provide this document.
The Police and Crime Commissioners powers are described in the Scheme of Delegation. Several versions of this document exist as changes have been made during the time the 12 years that Katy Bourne has held this position:
Scheme of Delegation FINAL 1.4.14 (sussex-pcc.gov.uk) https://www.sussex-pcc.gov.uk/media/8123/it-09-pcc-scheme-of-delegation-ver-2.pdf
IT 13 PCC Final Word Scheme-of-Delegation_draftv1.0_27July16 (sussex-pcc.gov.uk) https://www.sussex-pcc.gov.uk/media/1123/pcc-final-word-scheme-of-delegation.pdf
1 0 2018 Financial Regulations Review final updated (sussex-pcc.gov.uk) https://www.sussex-pcc.gov.uk/media/8083/it-09-financial-regs-feb-2024-draft.pdf
Scheme of Delegation FINAL 1.4.14 (sussex-pcc.gov.uk) https://www.sussex-pcc.gov.uk/media/7537/surrey-sussex-pcc-scheme-of-delegation-2023-final-if.pdf
None of these Schemes of Delegation provide powers to the Police and Crime Commissioner and the Chief Constable to act as directors of any company related to their job. It is essential to note that for either the PCC or the Chief Constable to assume the role of a director in a company, such authority must be explicitly stated in the Scheme of Delegation.
There are no provisions granting Katy Bourne the authority to become a director of The Association of Police and Crime Commissioners, College of Policing Limited, Police Digital Service and Bluelight Commercial Limited. Therefore, any involvement in directorial roles in companies is beyond her delegated authority.
Had the Scheme of Delegation provided the powers for the PCC to operate in these companies, then the Police and Crime Panel would have been aware that she held these roles and wold have made provision to be able to hold her to account for her time spent in these roles.
Chief Constable Jo Shiner, director of The Road Safety Trust, beyond her powers
Similarly, there is no provision in Scheme of Delegation for Chief Constable Jo Shiner to be a director of The Road Safety Trust. Her involvement as a director appears to be beyond her delegated duty (find-and-update.company-information.service.gov.uk/officers/DvDqqbR9N3_nKOVI6giWO3sZ_rc/appointments). While it falls within the Police and Crime Commissioner's mandate to hold the Chief Constable accountable for their actions, both figures have found themselves entangled in a web of discrepancies and oversights. Despite their pivotal roles in upholding transparency and compliance, they have each registered multiple identities and neglected to declare their interests, casting doubt on the integrity of their leadership.
There are two additional complaints which I formally lodge:
Failure to declare Conservative Party Affiliation
I acknowledge that as a result of my complaint in November 2022 that the PCC updated her Register of Interest in December 2022 to retrospectively declare her directorships that she had previously failed to declare (Disclosable Interests - December 2022 (sussex-pcc.gov.uk) https://www.sussex-pcc.gov.uk/media/7071/1-disclosable-interests-december-2022.pdf). This remedy however does not address the fact that accounts are compromised when directors fail to declare interests and that she failed to declare any interests up to December 2022.
In addition I raise a new complaint that Katy Bourne has failed to register her membership in the Conservative Party in her register of interests, since she took up this position. Such omissions undermine the principles of accountability and transparency that are essential to the proper functioning of public office (disclosable-interests-commissioner-2023.pdf (sussex-pcc.gov.uk) https://www.sussex-pcc.gov.uk/media/7728/disclosable-interests-commissioner-2023.pdf).
Accounts made up to 31 March 2023 are overdue
The publication of the audited accounts made up to 31 March 2023 are overdue (SPCC - Accounts (sussex-pcc.gov.uk) https://www.sussex-pcc.gov.uk/about/financials/accounts/). The delay in publishing the audited accounts is a matter of significant concern, particularly considering the importance of transparency and accountability in the management of public funds. While the explanation provided cites external audit complexities across the sector, it is essential that the Police and Crime Panel take immediate and decisive action to expedite the completion of the audit process. Timely financial reporting is crucial for stakeholders to assess the financial health and performance of the PCC Group, and any further delays undermine public trust and confidence in the governance of the Police and Crime Commission.
Given the gravity of these allegations and the potential implications for public trust and confidence in our policing system, I urge the Police and Crime Panel to fulfil its duty to the public by escalating this matter to the IOPC without further delay and have requested Katy Bourne's resignation. It is imperative that we uphold the highest standards of integrity and accountability in our policing institutions, and an independent investigation by the IOPC is essential to achieving this goal.
I kindly request that you take immediate action to facilitate the escalation of this matter to the IOPC and provide me with confirmation of this action at your earliest convenience. I am prepared to cooperate fully with any investigation conducted by the IOPC and provide any additional information or evidence that may be required.
Thank you for your attention to this urgent matter. I trust that the Panel will act swiftly and decisively to address these serious allegations and restore public confidence in our policing institutions.
Yours sincerely,
Alison Wright
Thank you for pursuing this. Thank the Lord for people like you who do not give up, are not easily fobbed off, and have the guts to take on those who should be upholding the Law, but clearly are not.