British Transport Police fights decision to let officer who harassed lone jogger keep his job
A police force is poised to take legal action over a decision by a misconduct panel not to sack one of its officers after he flashed his warrant card at a woman before sexually harassing her.
In April last year, serving British Transport Police (BTP) officer PC Imran Aftab told a lone woman jogging in Hammersmith, west London, that she was "too curvy to be Asian" and harassed her for her number.
The actions of the officer, who was off-duty at the time of the incident, made the woman feel so uncomfortable that she texted "help me" to a friend.
The officer sent the woman six messages, leading to her lodging a complaint with the Independent Office for Police Conduct.
In May, a misconduct panel found PC Aftab guilty of gross misconduct for abusing his position for a sexual purpose, giving him a final written warning.
BTP are now challenging the decision, as they believe the officer should have been dismissed over his conduct.
In a statement shared with ITV News, a BTP spokesperson said: “We totally agree this was an appalling incident and as is the case in misconduct hearings, the decision not to dismiss PC Aftab was made by an independent panel, led by a legally qualified chair. "We don't agree with their decision, and as such took legal advice immediately after the hearing in May before instigating a judicial review to appeal this. This is currently ongoing and we await the outcome.”
The Department for Transport, which has jurisdiction over the BTP, has been approached for comment.
The case has raised questions over the system of independent legally qualified chairs (LQCs), who replaced chief constables in leading the majority of misconduct proceedings under reforms introduced by then home secretary Theresa May in 2015.
They were brought in to increase confidence that the process was independent as hearings were ordered to be heard in public.
Chief constables can still hold accelerated hearings when evidence is irrefutable - often because an officer has pleaded guilty to a crime.
Most, however, are overseen by independent LQCs, who senior policing figures have warned are more lenient than chief constables would be.
Jane Sawyers, the former chief constable of Staffordshire Police, told LBC: “There is some frustration amongst chief officers. "Work carried out by the National Police Chiefs' Council compared the dismissals by panels both prior to independent chairs and with independent chairs over a 12 month period.
"There were fewer dismissals, and it’s a shame that that need for independence might mean that fewer officers are being sacked, because bad officers should not be in the service.”
Police forces are under increased scrutiny in the wake of the sentencing of former police officer Wayne Couzens case.
In September, the Metropolitan Police officer was sentenced to life behind bars for the kidnap, rape and murder of Sarah Everard.
The firearms officer had used his Met Police warrant card and handcuffs to kidnap 33-year-old Ms Everard as she walked home from a friend’s house in Clapham, south London, on the evening of March 3.