Rhona Malone: Cover-up claim over police review of sexism case

A former firearms officer who won a pay-out of almost £1m from Police Scotland claims an external review following her tribunal smacks of a cover-up.

Rhona Malone said the review lacked independence and depth.

It came after an employment tribunal found she was victimised after raising concerns about a sexist email.

The Police Service of Northern Ireland, which carried out the review, said it resulted in five conduct assessments.

Meanwhile, Ms Malone also called for Chief Constable Iain Livingstone to resign, questioning what he knew about her case and when.

Police Scotland responded by saying it was "inaccurate and misleading" to suggest the chief constable had not been honest about his knowledge of Ms Malone's case.

The former firearms officer won the pay-out in May last year.

In the days after the tribunal judgement Police Scotland asked the Police Service of Northern Ireland (PSNI) to carry out a review and make recommendations.

A redacted copy of the review was published in June 2022.

The main section is critical of all the officers and staff who victimised Rhona Malone except for one - a chief superintendent who was in charge of the Professional Standards Department (PSD).

Ms Malone told the BBC she was "really disappointed" that the published sections did not cover his conduct nor the conduct of the PSD.

Ms Malone said her initial reaction was: "What are they trying to cover it up for?"

She said it raised issues around transparency and integrity.

"The Professional Standards Department are basically policing the police," she said.

"This is behaviour by senior police officers within Police Scotland and if they're not getting held accountable then how can police officers have faith to report anything."

Ms Malone instructed her solicitor to write to the justice secretary.

The letter states Ms Malone considered the appointment of the PSNI to carry out the review to be "ill-judged, considering widespread media reports which suggested that sexist and misogynistic behaviours and cultures were systemic within policing".

She added that "her reservations about the PSNI conducting an independent, unbiased, and thorough review were well founded".

Margaret Gribbon, Bridge Employment Solicitors, Glasgow, told the BBC that Police Scotland and PSNI had "some significant questions to answer regarding this review".

She added: "My client's legitimate concerns have not been addressed and it is concerning that it is being left to her to highlight unexplained irregularities in the review."

The BBC put Ms Malone's claims to the PSNI. A spokeswoman said: "The PSNI were asked by Police Scotland to independently review the Employment Tribunal judgement only..."

She said Police Scotland's request to carry out a review "did not involve an investigation into the original matters that led to the tribunal or a review of Police Scotland's Professional Standards department…"

"The review did result in five conduct assessments of individuals who gave evidence in the tribunal. These assessments were provided to the chief constable of Police Scotland."

The BBC has been unable to verify whether one of the redacted conduct assessments did relate to the chief superintendent in question.

Ms Malone met Chief Constable Iain Livingstone after the tribunal judgement was published.

She described the meeting as "informative and productive" but said Mr Livingstone gave her the impression he "wasn't really that aware of her case" before it went to tribunal.

Several media outlets had covered Ms Malone's legal action in the months and years before. In November 2022 the BBC asked Police Scotland when the chief constable became aware of the detail of this case.

A spokesperson said: "The chief would not be aware of all the details or the personal impact to Rhona Malone in advance" of the tribunal.

The BBC has now seen two emails Ms Malone sent the chief constable more than a year earlier, detailing the personal impact on her.

In one email to Mr Livingstone and others, in April 2020, she wrote: "I now find myself mentally and physically ill". She also complains about a "lack of transparency and obstructive behaviour".

In a second email, in May 2020, she describes her "utter hopelessness at the lack of regulation, accountability and the injustice".

When the BBC asked Ms Malone about the fact Mr Livingstone receives many emails and he might not have seen them or remembered them she said it was either "incompetence or self-preservation".

She said if he didn't know about it, he should have.

"What does that tell you about what's happening in Police Scotland and the management of Police Scotland and how they look after their employees if he isn't made aware by my case (before the tribunal)," Ms Malone said.

"That's quite worrying."

Ms Malone said the chief constable should resign, adding "I don't think he deserves to be in that job at all."

Deputy Chief Constable Fiona Taylor said: "It is inaccurate and misleading to suggest the chief constable has not been honest about his knowledge of Ms Malone's case.

"As set out in a joint statement between Police Scotland and Ms Malone in May 2022, the employment tribunal judgement published in October 2021 raised serious issues about her case."

She added: "In the days after the judgment, Police Scotland made a public apology to Ms Malone and the chief constable commissioned the Police Service of Northern Ireland to carry out an independent review of the tribunal decision.

"A meeting with Ms Malone in April 2022 was the first opportunity for the chief constable to meet her in person and to listen to her experience. During this meeting, the chief constable personally provided an unreserved apology for our poor response when a dedicated officer raised legitimate concerns."

Ms Taylor said a redacted copy of the PSNI's independent review of the tribunal judgment and an action tracker outlining Police Scotland's response were published in June 2022.

"The chief constable underlined his commitment to tackling sexism and outlined action being taken and further plans to address discrimination in society and our service in our Policing Together strategy, published in September 2022," she said.

"As part of this, we conducted an internal survey to listen to colleagues' experiences of sexism and misogyny as we build a service where everyone knows they are valued and welcome.

"Accordingly, it is utterly wrong to report that the chief constable has been untruthful about his knowledge of Ms Malone's case."