Update on Operation Resolve progress

Now that the Hillsborough Inquests have concluded, Operation Resolve will be producing written monthly updates so that members of the public can keep track of the progress of our criminal investigation.

As this is our first written monthly update, now is a good opportunity to remind you about the role and remit of Operation Resolve.

Following the publication of the Hillsborough Independent Panel’s report in September 2012 and the quashing of previous inquests verdict, Operation Resolve was set up by the Home Secretary later on in December of that year

The remit of the investigation is to establish whether any individual or organisation is criminally culpable for their role in the disaster. Central to this is the consideration of how 96 individuals died on 15th April 1989. This will be achieved by undertaking a full and thorough investigation into the following areas:

• All decisions made (or not) and actions undertaken by those agencies/organisations who had responsibility of duty of care to those attending the match on 15 April 1989
• The planning and preparation for the match, including organisational and individual decision making. It will examine whether the arrangements were sufficient to host the event
• Compare Hillsborough against the standards that existed in the 1980s together with the command and control, resourcing levels and threat and risk assessment including mitigation of the threat at Hillsborough
• The planning and decision-making that went into the ground’s design, engineering, alterations and final layout, including the condition and adequacy of the turnstiles, the siting of barriers and “pen” design. The safety monitoring and checking of the stadium will be essential in establishing whether the ground was fit for purpose
• The emergency services’ response and activation of any pre-planned responses to such disasters. We will examine in detail the police actions on 15 April 1989, both before and as the disaster unfolded, specifically their responses to the plight of the injured, dying and deceased and to the witnesses, relatives and friends
• The re-examination of all available documents and data collected from the original police investigation, Coroner’s inquest, Public Inquiry, private prosecution, judicial review, Divisional Court ruling and the Hillsborough Independent Panel 2012. We will also examine all available information in relation to the previous FA Cup Semi Finals held at Hillsborough in 1981, 1987 and 1988 in order to identify new lines of enquiry
• Through an appropriately managed interview strategy, identify potential witnesses, including key significant witnesses and interview those persons who were involved in the planning of the semi-final or who had a role to play on the day of the disaster
• The investigation will include suspects both living and deceased, including those who have been tried and acquitted or where the proceedings have been stayed, taking into account any action, which may be a contributory factor to the deaths, discovered during the course of the investigation.

Part of the investigation involves examining the actions of South Yorkshire Police during the preparation and planning for the FA Cup Semi-Final and as the disaster unfolded. This element of the inquiry is being managed by the Independent Police Complaints Commission, who have set out clear Terms of Reference which my investigators must work to.

Investigation Update

Operation Resolve is currently considering the following criminal offences as part of its investigation:

• Gross Negligence Manslaughter
• Misconduct in Public Office
• Pervert the Course of Justice
• Section 12(1)(d) Safety at Sports Grounds Act 1975
• Section 3, Section 7 and Section 37 Health and Safety at Work Act

To date, Operation Resolve has carried out over 16,000 individual lines of enquiry to progress the investigation. This has resulted in over 9,000 statements being produced from witnesses.

Access to Subject Experts

Now that the Inquests have concluded, Operation Resolve has made initial contact with a number of the experts it wishes to instruct and they have confirmed their willingness to engage with us. Work has begun in securing expert opinion from those experts in order to assist us with the ongoing criminal investigation.

Liaison with the Crown Prosecution Service (CPS)

Operation Resolve has been working closely with the CPS to provide files of evidence so that they can review our evidence and provide ongoing guidance and early advice on the focus of the investigation.

This work will culminate in Operation Resolve providing a final full file of evidence to the CPS by the turn of the year so that they can make their final independent charging decisions.

We will continue to work with the CPS to build and review the evidence and carry out any further investigative work they deem necessary.

Timescales

Operation Resolve has committed to completing the criminal investigation and providing the final evidence file to the Crown Prosecution Service by the turn of the year. We are on track to meet this deadline.

Managed Investigation

The Independent Police Complaints Commission is managing the part of Operation Resolve’s investigation that is examining the actions of South Yorkshire Police, providing independent oversight and scrutiny of the investigation. Areas that fall under the managed investigation include:

• Police involvement in the planning and preparation for the game
• Police management of fans outside the Leppings Lane terrace and their entry into the stadium
• The early response of the police to the disaster
• The police treatment of injured, dead and dying fans, family and friends in the aftermath of the disaster
• The police treatment of family and friends.

The IPCC set terms of reference for this part of the investigation. This means that they can direct Operation Resolve’s Senior Investigating Officer on the areas that investigation should cover.

The investigative strategy, the lines of enquiry to pursue, deciding who the key significant witnesses are and the declaration of suspects is the responsibility of Operation Resolve’s Senior Investigating Officer but he must consult with the IPCC on such issues.

Operation Resolve reports face to face on a monthly basis to the IPCC about the managed investigation. They update them on the current lines of enquiry and any new developments and satisfy them that the investigation is progressing effectively to meet the terms of reference. The IPCC provide oversight and scrutiny and work closely with Operation Resolve in determining direction and control of the managed investigation.

In addition to the topics highlighted earlier in this section, the IPCC has also decided that Operation Resolve should investigate allegations about police conduct made by members of the public and matters that have been referred to the IPCC by South Yorkshire Police itself.

Operation Resolve is currently investigating a number of complaints relating to the managed investigation. That includes investigating the following misconduct offences:

• Officers not assisting (neglect of duty)
• Assault
• Incivility
• Unlawful arrest.

Contacting Operation Resolve

Should you need to contact a member of the Operation Resolve team, you can do so by calling us on

08000 283 284 or by emailing info@operationresolve.co.uk