The Scottish Police Authority (SPA) is to take further steps to strengthen the leadership, visibility and governance of Forensic Services.
From 1 September 2017, the Director of Forensic Services will report directly into the Board of the SPA rather than through the Chief Executive Officer (CEO) of the Authority.
One consequence of this change in reporting is a significant reduction in the line management and direct budget accountabilities of the existing SPA CEO role, and which make the role in its present form redundant.
The SPA Board has been considering the implications of forensic reporting with the CEO since the turn of the year, and as a result John Foley has opted to take early retirement under the existing SPA scheme.
As accountable officer, and to ensure business continuity, the Board has requested that Mr Foley stay on until the completion of the 2016-17 SPA accounts, which are hoped to be signed off by the end of October.
To provide the Board with contingency against any change to that expected timeframe, the Board has also agreed a payment to Mr Foley in lieu of his contractual notice, in addition to his eligibility for an early retirement payment.
SPA Chair Andrew Flanagan said:
“This new reporting arrangement is a further tangible step in strengthening oversight of forensic services, and will support work to develop a long-term strategy for forensics to complement the 2026 strategy for Police Scotland.
“I want to pay tribute to the professionalism which he has shown throughout our consideration of this, and indeed for the valued service he has given to SPA and policing over what has been a period of unprecedented change.”
John Foley added:
“The SPA has continued to evolve and improve since its inception in 2013 and strengthening the governance of Forensic Services is the next stage of that journey and one I fully support. Clearly the revised arrangements have significant implications for the CEO role I currently hold and following detailed discussions with the Board since the start of the year I have chosen to seek early retirement.
“It has been an honour and privilege to have served as the first permanent CEO of the SPA for the past four years. I am confident that the Authority and policing will continue to improve in the coming years and I want to thank all of the staff and officers who I have had the pleasure of working with over the past four years.”
The SPA will, in the coming days, conduct a process seeking a 12-month secondee to act as chief officer for the SPA. A 12-month tenure will allow the review underway of the SPA’s wider executive requirements to be completed, the HMICS thematic inspection of the SPA to report next spring, and for a new SPA Chair to be appointed.
The Director of Forensic Services, Tom Nelson, will from 1 September 2017 report directly to the SPA Board. He will personally report into the Deputy Chair of the SPA, Nicola Marchant.
The Chair’s review of governance in policing, published in March 2016, highlighted the need for reorganisation of the SPA’s delivery functions, which are primarily in forensics services. Further professional advice was sought from HMICS on forensics later in 2016 which has informed the approach and steps taken to date.
The SPA approved in June 2017 a proposal to create a dedicated Forensic Services Committee to scrutinise forensics delivery. The HMICS Thematic Inspection of Forensic Services, published in late June 2017, also made a number of recommendations around leadership, visibility, and governance.
Mr Foley joined SPA in August 2013 as interim Chief Executive with management responsibilities for both the SPA’s governance and statutory forensic services responsibilities, and was formally appointed permanent CEO later that year.
Mr Foley’s early retirement comes under the terms of the approved SPA Voluntary Redundancy and Early Retirement scheme applicable to all eligible staff affected by a material change to their role, and commensurate with his age (over 55) and length of service (4 years).
Although the CEO role becomes redundant from 1 September 2017, the Board has given consideration to the most appropriate point for the accountable officer responsibilities to transition, including seeking the view of Audit Scotland. As a result the Board requested that Mr Foley remain in post until the conclusion of the 2016-17 SPA accounts. To ensure it has contingency against any change to that timeframe, the Board has also agreed a payment to Mr Foley in lieu of his contractual notice period as part of his overall settlement.
While it is not possible at this stage to calculate a definitive figure on the overall financial settlement until Mr Foley’s formal leaving date is confirmed, SPA has agreed with Mr Foley that the costs of his financial package will be made publicly available as soon as practical after that leaving date.
The Scottish Government announced in June that a review of how the executive of the SPA can best support the Board would be led by SPA Deputy Chair Nicola Marchant, and independent local authority Chief Executive Malcolm Burr. It is expected to report its conclusions and recommendations in Autumn this year. In addition, HMICS are expected to publish its Phase 2 thematic inspection report of the SPA in spring 2018.
SPA Chair Andrew Flanagan announced in June his intention to step down from his position, once his successor as Chair is in post. The Scottish Government publicly advertised the role earlier this week.