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The IPCC’s decision not to investigate Hillsborough families’ complaint about former South Yorkshire Police (SYP) Chief Constable David Crompton was correct, according to an independent external review.

IPCC Deputy Chair Rachel Cerfontyne commissioned the review following an assessment of the complaint which alleged David Crompton directed his legal team to blame Liverpool supporters at the Hillsborough inquests.

This step was taken as the Deputy Chair felt it was important to have external scrutiny of this decision and chose Hugh Tomlinson QC for his relevant expertise. He also had no previous involvement in Hillsborough matters.

The IPCC assessment of the complaint found the available evidence did not indicate that a criminal or misconduct offence had occurred. It also concluded that a meaningful investigation would not be possible as communications between Mr Crompton and his inquest legal team were not accessible. These instructions are subject to legal professional privilege (LPP) which SYP refused to waive.

Mr Tomlinson considered the same material as the IPCC for his review. He also came to the conclusion that there were no “proper grounds” for investigating the Hillsborough families’ complaint. He agreed that the questions asked by SYP’s counsel did not suggest that they were part of a “deliberate or predetermined strategy”.

However, while he described SYP’s decision not to waive LPP as “regrettable”, he did not agree with Ms Cerfontyne that it would necessarily prevent an investigation. He shared the families’ lawyers’ view that the available material gave sufficient insight into counsel’s instructions.

Although Mr Tomlinson agreed with the decision not to investigate, he is critical of Mr Crompton’s “apparent failure” to instruct SYP’s legal team to clearly differentiate the position of the force from that of the retired senior officers. He also considers that the families’ allegation that SYP was trying to ‘spread the blame’ is supported by the evidence provided, however suggests that this was a result of “poor judgement” rather than “deliberate wrongdoing”.

Mr Tomlinson’s full review can be accessed here.

Deputy Chair Rachel Cerfontyne said: “I commissioned this review to ensure external scrutiny of my decision, as I know that it has been of great concern to the Hillsborough families. Hugh Tomlinson QC was recommended by the Hillsborough Article 2 Reference Group and although his instructions came from the IPCC, those instructions stressed his independent role. I accept his findings and I am grateful for the speed with which he carried out his work.”