The families of Hillsborough victims have attacked the police watchdog after it refused to investigate the suspended South Yorkshire police chief constable, David Crompton, over his role at the inquests.
Lawyers for 22 Hillsborough families had asked the Independent Police Complaints Commission (IPCC) to investigate whether Crompton told lawyers to “pour blame” on Liverpool fans for the disaster.
The families alleged that Crompton and South Yorkshire police pursued the strategy in an attempt to deflect blame away from the force for the deaths of 96 fans at the FA Cup semi-final on 15 April 1989.
The two-year inquest concluded in April that the 96 victims were unlawfully killed and a catalogue of failings by police and the ambulance services had contributed to their deaths.
The IPCC said on Wednesday it had decided not to investigate Crompton because investigators would not be able to access legally privileged communication between the chief constable and the force’s lawyers. As a result, it said, any investigation would be “significantly hampered”.
The decision was immediately criticised by lawyers representing the families of 22 Hillsborough victims.
Elkan Abrahamson, of the law firm Jackson Canter, said the IPCC decision was predictable and that “yet again SYP [South Yorkshire police] protect their own, yet again the IPCC are impotent, and yet again the taxpayer will foot the bill when Mr Crompton sues the force for unfair dismissal”.
In separate legal recriminations arising from the inquests, Crompton is suing the South Yorkshire police and crime commissioner, Alan Billings, for ordering him to step down over a public statement he made after the jury’s verdicts.
Trevor Hicks, whose daughters Sarah and Vicki died in the disaster, said of the decision: “I’m disappointed with it and it looks as though the IPCC has taken the soft option to use what we consider a technicality to brush it away. It’s only going to fuel the discontent with the IPCC, and won’t help the said-to-be-genuine desire of South Yorkshire police to build bridges.”
Pete Weatherby QC, who represented 22 families at the inquest, added: “This is a deeply regrettable decision by the IPCC. The IPCC were represented by counsel in the inquest proceedings so they know precisely how Mr Crompton conducted SYP’s case.
“From blaming the supporters, Sheffield Wednesday stewards and the council, SYP tried to avoid responsibility, directly contrary to Mr Crompton’s public apology and acceptance of responsibility in 2012.
“So long as senior public servants are allowed to act with impunity there will be little trust in the police, the IPCC or public authorities generally.”
The IPCC said it had assessed some material and concluded that although South Yorkshire police’s barristers did ask several questions about fan behaviour at the inquests “these were infrequent and did not suggest … a deliberate or calculated approach”.
The IPCC deputy chair Rachel Cerfontyne said: “The approach taken by some legal teams at the inquests clearly caused distress among those affected by the disaster.
“However, the evidence we have assessed doesn’t indicate that a criminal or misconduct offence has occurred. This, combined with the fact we cannot review any legal instructions from Mr Crompton to his legal team, has led me to conclude that an IPCC investigation could not provide any meaningful response to the complaint.”
