The Police Ombudsman’s Office is inviting feedback on a series of proposals for legislative change to strengthen accountability, transparency and public confidence in the police complaints system and in policing.
A total of 23 wide-ranging recommendations are included in the review of legislation, which the Police Ombudsman is required to undertake every five years, many of which seek to bring the Office into line with contemporary police oversight legislation in Scotland, England and Wales, and the Republic of Ireland.
Some of the proposals for change relate to the role of the Police Ombudsman, recommending that the Ombudsman should be an Officer of the Assembly, accountable to the Assembly Audit Committee and that the Office’s budget should be allocated directly by the Assembly.
The review also recommends that there should be a power to appoint an interim Police Ombudsman to address a vacancy during any Ombudsman’s term of office.
The discretion to decide whether it is appropriate to begin or continue an investigation, recognising that there are occasions when an investigation isn’t practical, proportionate or in the public interest, is also a focus of the review. This could be, for example, when a complainant unreasonably fails to engage with an informal resolution process, where there are irreconcilable differences between the complainant’s account of an incident and that of the police officer, or where there are no independent witnesses or no investigative opportunities.
Legislation should also define ‘vexatious, ill-founded and oppressive complaints’ allowing the Police Ombudsman the discretion not to investigate a complaint which falls into these categories. This is an issue which is raised repeatedly by police officers in annual satisfaction surveys and has also been raised by the Police Federation for Northern Ireland.
A number of proposals are linked to a change in the law to ensure greater transparency about the Office’s work. One recommends that the Police Ombudsman should have a general power to publish a report on the outcome of an investigation when it is in the public interest. Another relates to the Police Ombudsman having the ability to release details of disciplinary recommendations and the sanctions or outcomes in any disciplinary proceedings to the complainant and the general public, which is not currently permitted.
Unlike the PSNI Chief Constable, legislation does not currently allow the Police Ombudsman to use a ‘fast-track procedure’ where there is incontrovertible evidence from an early stage in an investigation that there is criminality or gross misconduct which could result in an officer being dismissed without undue delay. The recommendations include a proposal that the Police Ombudsman should be able to submit an early written report in such cases to the Chief Constable, helping to avoid delay in the most serious investigations.
The review also proposes that, under the new Public Office (Accountability) Bill which is currently making its way through parliament and does not yet apply in Northern Ireland, the definition of a sexual offence contained in the Sexual Offences Act 2003 should be expanded to include a conviction by a police officer for seriously improper acts where the benefit sought or obtained is sexual in nature.
A further proposal seeks an expansion of the Police Ombudsman’s remit to include whistleblowing, allowing allegations from serving police officers and civilian police staff about serious criminal wrongdoing or gross misconduct to be investigated independently.
Director of Legal and Information Services with the Police Ombudsman’s Office, Alice McKelvey, said:
“The overall objective of this review is to create a series of recommendations which align with international best practice and support our vision to be an effective, contemporary oversight body.
“The views of those in the public, community and voluntary sectors, as well as the perspectives of police officers, those who use our services and our staff are critical to informing any proposals for legislative change and I look forward to receiving feedback through this consultation process.”
The public consultation on the review of legislation is open until Friday 3 April 2026. Responses to any or all of the recommendations can be made via the online response form.