Police Scotland Chief's £134k Second Home Payout Under Scrutiny for Legality
A substantial payout exceeding £134,000 in taxpayers' money to Police Scotland's Chief Constable, intended to assist with the purchase of a second home, may have been unlawful, according to a recent investigation. The oversight body, the Scottish Police Authority (SPA), approved these 'relocation' expenses for Jo Farrell, who was appointed to the £270,000-a-year role in 2023. This decision came as she opted to retain her £1 million family home in Northumberland while acquiring a £600,000 apartment in Edinburgh.
Legal and Regulatory Concerns Emerge
Serious questions have been raised regarding the legality of this expenditure, as there appears to be no clear provision in law or within police regulations governing relocation expenses that explicitly permits the SPA to authorise payments related to second homes. This has prompted calls for public watchdog Audit Scotland to launch a formal probe into the matter.
Scottish Tories justice spokesman Liam Kerr emphasised the need for accountability, stating: 'If SNP ministers and the Scottish Police Authority cannot point to why this spending was authorised, then Audit Scotland must investigate.'
Breakdown of Expenses and Tax Implications
The expenses claimed by Ms Farrell included more than £70,000 covering various fees, Land and Building Transaction Tax, and the Additional Dwelling Supplement. Notably, the Additional Dwelling Supplement is a tax introduced by the SNP government specifically designed to discourage the purchase of second homes, adding a layer of controversy to the reimbursement.
The SPA has faced criticism for its failure to identify specific legislation that permits second home expenses. Instead, the authority has relied on an internal policy document and general statutory powers to justify the payments, a move that has been met with scepticism from observers and officials alike.
Historical Context and Regulatory Framework
Historically, chief officers recruited by Police Scotland who wished to retain family homes and purchase a second property were informed that only expenses associated with bona fide 'relocation' would be reimbursed. Police pay, allowances, and expenses are governed by the Police Service of Scotland Regulations 2013, with Annex 19 detailing relocation expenses for all ranks.
However, there is no explicit reference within these regulations to second home purchases or the reimbursement of taxes such as LBTT or ADS. While the rules are regularly updated, any change to entitlements must be formally agreed through the Police Negotiating Board for Scotland. An extensive investigation, including freedom of information requests, has found no evidence that the regulations have been updated or approved in relation to second homes.
Internal Anomalies and Growing Discontent
The police authority's own staff have highlighted anomalies in the Chief Officer's Relocation Procedure, the policy document cited to meet legal requirements for such payments. In one review, an official noted: '...second home purchase not explicitly in regs. Decision makers need to be aware of this.'
A retired chief officer expressed widespread anger, stating: 'There is a lot of anger about these payments, both within Police Scotland and from ex-officers like myself. The regulations were only intended to reimburse officers who have genuinely relocated to Scotland, and that is entirely appropriate and reasonable. But they were never intended to support the purchase of a second home, which for all intents and purposes is a lifestyle choice.'
Record-Breaking Benefits in Kind
In Police Scotland's latest annual accounts, under Benefits in Kind, it was recorded that Jo Farrell received taxable relocation expenses of £69,901, totalling £134,426 including tax costs paid. This figure represents the highest recorded benefits in kind for any Chief Constable in the history of Police Scotland. In stark contrast, the combined expenses attributed to the three Chief Constables who preceded her over a ten-year period amounted to just £43,900.
Liam Kerr added: 'This decision smacks of the Scottish Police Authority trying to close ranks. Taxpayers have been billed a six-figure sum for the Chief Constable's second home, yet it's unclear what grounds this decision was taken on. This decision should have been subjected to robust scrutiny.'
Calls for Transparency and Accountability
Scottish Labour justice spokeswoman Pauline McNeill echoed concerns over transparency, stating: 'These are significant sums of public money and it is important that there is transparency about these arrangements.'
A spokesman for the Scottish Police Authority defended the decision, asserting that the authority reimburses relocation costs in line with the Chief Officer relocation procedure. He added: 'This procedure complies with Annex 19 of the Police Service of Scotland Regulations 2013, agreed through the Police Negotiating Board for Scotland.'
As the debate continues, the focus remains on whether the SPA acted within its legal powers and the potential implications for public trust and financial accountability within Scotland's policing framework.