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An Independent Police Complaints Commission (IPCC) investigation has found Surrey Police failed to fully consider and properly assess information concerning John Lowe before returning firearms, one of which was subsequently used in the murder of Christine and Lucy Lee.

The IPCC investigator found two staff members in Surrey Police’s firearms licensing team had cases to answer for misconduct. One was dismissed following a hearing, while the second individual retired before a hearing was held.

The IPCC has also made a number of recommendations to improve the licensing of firearms both by Surrey Police and across the country. Surrey Police accepted all the local recommendations and the national ones will be considered as part of a national consultation on statutory guidance for firearms licensing.

The local learning recommendations highlighted the need to ensure:

• a structured training program is in place for licensing officers
• liaison between the licensing team and officers investigating allegations about licence holders
• medical information is obtained and appropriately considered
• appropriate quality assurance of the licencing team’s work
• an update is provided, when appropriate, to people who make allegations about individuals who have a firearms licence.

IPCC Associate Commission Tom Milsom, said:

“This was a tragic and shocking incident which has had a terrible impact on Christine and Lucy’s loved ones and my thoughts remain with them.

“Our investigation paints a deeply concerning portrait of how Surrey Police’s firearms licensing team operated at that time. We found a unit which lacked the necessary training and processes to manage such a serious responsibility, staffed by individuals who were failing to undertake their duties with rigour and due consideration.

“The licensing of firearms is a responsibility with obvious ramifications if it is not done properly. Our recommendations will contribute to a significantly improved function in Surrey, and we hope forces across the country will use this as a catalyst for ensuring their licensing teams are working as effectively as necessary.”

The IPCC investigation found evidence that during the licence review Stanton Royle, the firearms licensing supervisor, and John Crabb, a firearms licensing enquiry officer, did not:

• take simple investigative steps such as accessing Surrey Police's information and intelligence systems
• highlight risks posed by Mr Lowe that could have been obtained from a threat to kill investigation
• adequately address whether Mr Lowe was a danger to the public when deciding to return his shotguns and certificate
• make sufficient enquiries into an ongoing relevant investigation, and did not consider this when making the decision that Mr Lowe should have his shotguns and certificate returned
• consider any historic information and intelligence on Mr Lowe from Surrey Police systems or his firearms file.

The investigation found evidence that the team’s manager allowed practices to develop within the team that were not appropriate, but as he was not involved in the decision to return the firearms there was no case to answer for misconduct.

Surrey Police agreed with the investigator and on November 18 Mr Crabb attended a gross misconduct hearing where the case against him was found to be proven and he was dismissed without notice. Mr Royle retired prior to a hearing taking place.

The IPCC independent investigation began in September 2014 following John Lowe’s conviction and concluded in February 2016, when the investigation report was referred to the Crown Prosecution Service. In November 2016 the CPS concluded it would not bring criminal charges.

The IPCC also conducted a separate independent investigation concerning complaints made by Stacy Banner. Stacy is the daughter of Christine Lee and sister of Lucy Lee. The complaints related to her contact with family liaison officers from Surrey Police following the murders of her mother and sister, and her subsequent arrest for criminal offences.

The IPCC investigator’s opinion was that a detective constable and a detective sergeant had cases to answer for misconduct, and a detective inspector had a case to answer for gross misconduct.

The gross misconduct allegation relates to authorisation of the continued detention of Mrs Banner and her arrest for a further allegation, when evidence gathered by the IPCC investigation indicates these decisions were, respectively, not necessary and indicatively a breach of the Police and Criminal Evidence Act.

Surrey Police is considering the IPCC’s findings and a decision will be made on what action will follow in due course.