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15
Apr
Ex-copper who filmed herself squatting 80kg when unfit to work committed gross misconduct
A former North Yorkshire Police officer breached professional standards, a misconduct hearing has concluded.
PC 841 Claire Viney, who resigned from the force whilst under investigation, faced a gross misconduct hearing last month after a string of allegations were made against her.
A panel led by assistant chief officer Sarah Jackson heard the evidence and a report detailing the findings has now been published.
The panel found PC Viney, who did not attend the hearing, sought information about an alleged victim in a separate misconduct case on February 8, 2024.
She was working at Athena House – the force’s York base – that day. An officer known only as PC A in the report said PC Viney was “gossiping” about the case, which made her feel uncomfortable as she was friends with the alleged victim.
In a statement, PC Viney said she couldn’t recall asking about the victim, but the report says another officer knew the alleged victim was upset after finding out PC Viney had been asking about the case.
Football game and London demonstration
In December 2023, PC Viney informed her supervisor, Sergeant Harrod, about ongoing medical issues and suggested they were impacting her ability to work.
In an email to Sgt Harrod, PC Viney said she:
• Struggled to project her voice in loud environments or when needed to shout in an authoritative way.
• Had ongoing breathing issues. This was an inability to catch her breath, especially during exercise, and she was unable to maintain breath even when walking or talking.
• Had a shoulder impingement in her left shoulder when performing pushing movements and in her right shoulder when undertaking rotating movements.
• Had a meniscus injury/irritation or tear to her right knee, which meant she could not put any load through it or rotate it in a specific way or bend more than 90 degrees.
For those reasons, PC Viney was placed on restricted duties on December 18, 2023.
However, she then carried out operational policing roles at a Sunderland v Newcastle football match on January 5 and 6, 2024, and at a demonstration in London to assist the Metropolitan Police between January 12 and 14 that year.
She was paid overtime for both roles.
The report says PC Viney doesn’t dispute volunteering for the roles, but claims she “believed there was a low likelihood of falling to the floor” and that she could “mange a workaround if needed”.
But it adds officers need to be able to communicate in loud environments such as football matches or demonstrations, use force when necessary, rotate their shoulders to apply handcuffs and kneel to detain people who are on the ground.
In addition, PC Viney produced a fit note from a private medical practice on February 16, 2024, which said she was “unable to kneel and must have amended duties”.
However, on the same day, she was deployed on an operation prior to which all officers were told they could only join “if they are fully operational” – meaning they do not have adjustments or restricted duties.
According to the report, the panel found it is an “unquestionable requirement for operationally deployable officers to be physically fit enough to protect themselves, their colleagues and the public from any harm”.
They felt PC Viney knew she wasn’t fit enough to fulfil operational duties and, in doing so, “put herself, colleagues and the public at a great risk of harm”.
The panel also felt she acted dishonestly.
CrossFit gym
Throughout February and March of that year, PC Viney provided several notes stating she was unfit to work due to a knee injury and was awaiting surgery.
She also had a meeting with her sergeant to reiterate the issues with her knee.
In addition, she was deemed unfit to complete a safety training course on March 11 due to the ongoing knee issues.
However, PC Viney published six videos on social media between March 19 and 29, 2024, which showed her doing strenuous workouts at the gym.
The report says:
The videos show the officer using an 80kg barbell load whilst squatting, using pushing shoulder movements (with 20kg dumbbells in each hand) and undertaking cardio activities which would require heightened breathing.
Whilst the panel are not medical experts, the panel did consider that the videos showing the officer’s activity at the gym contrasted with the information provided to the force via fit notes and during the one-to-one conversations with the sergeant and the class trainer.
The panel said PC Viney’s behaviour was dishonest and felt the social media videos “would suggest to any onlooker… that the officer was in fact fit to attend work”.
Former PC 841 Claire Viney
Taser claim
The former constable was appointed as the force’s lead Taser trainer in May 2023 – a non-operational role.
The report says: "The officer made entries in the peer assessment booklet that stated she had attended courses throughout the year (2023-2024) when she had not. The officer signed the form in January 2024, which predated the activity requiring sign off before year end in March 2024".
In fact, the report adds, she did not "complete any of the things she needed to complete" in her first year of being a trainer, which were required to remain qualified as the lead Taser trainer.
The report says PC Viney claimed to be “mistaken in the way she completed the form” and believed “she would be able to make up the required tasks by the end of the period”.
“She apologised for her actions”, the report adds.
The panel found PC Viney “did not dishonestly complete the form”, but instead “recklessly completed this form”.
In addition, PC Viney was accused of drawing her Taser on November 18 and December 8, 2023, despite her authority to use the Taser expiring in August of that year.
The panel found:
The officer should have known the rules relevant to the permission to carry or otherwise. The fact that the officer has deployed out of ticket was concerning.
However, the officer has provided evidence that she did seek advice, both from the Origin system and the Chronicle team, and from those enquiries she was reassured that she was legitimately able to deploy with Taser.
The panel found PC Viney breached a number of professional standards in relation to honesty and integrity; authority, respect and courtesy; discreditable conduct; duties and responsibilities, and fitness for duty.
The report says the breaches amount to gross misconduct. It adds:
We therefore have concluded that the most appropriate outcome is a finding that the officer would have been dismissed had they still been a member of the police force and that this sanction does fulfil the purpose of the misconduct regime.
We acknowledge the officer's service prior to these matters, however this past record would not allow us to impose a lesser outcome, given the serious nature of our findings.
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