So what was in the so-called 'secret agreement' between Warwickshire Police and Warwickshire Hunt?

This follows yesterday's (Wednesday's) publication of an independent report that said Warwickshire Police acted with "clear operational independence" when dealing with the Hunt.

Campaigners have spent many months demanding that a protocol - dubbed the 'secret agreement' - was made public. And now Warwickshire Police has finally done that, although the agreement is now obsolete.

Why was the protocol issued?

The issue started back in December 2022, when Warwickshire Police issued a Community Protection Notice (CPN) to the Warwickshire Hunt for anti-social behaviour and disregard for road safety. This was due to be appealed by Warwickshire Hunt but a protocol to address road safety matters was agreed prior to that being heard. It meant the CPN was dropped, which caused anger among some communities and hunt protesters, especially as the new protocol was not made public. A Freedom of Information Act was put forward to find out more about the protocol – but the independent review did conclude that Warwickshire Police acted within the law, and on legal advice, when they declined to reveal the details. However, Warwickshire Police's new Chief Constable Alex Franklin-Smith said he is now happy to release the details of the old protocol.

So what is in it?

The main points are that the Warwickshire Hunt and Warwickshire Police must agree to certain conditions as part of an agreement. Remember, this protocol is now outdated and has been replaced by a new agreement. Among other things, Warwickshire Hunt must:

• Provide to the Warwickshire Police details of the Hunt's hunting meetings
• Provide the police with the contact details of two points of contact for each hunting day
• Provide a central 'complaints' email address, to which any credible complaints made by members of the public can be sent by the police
• Meet remotely with a senior police officer on a monthly basis
• Deliver short briefings before the start of each hunting day.

Among other things, Warwickshire Police must:

• Supply to the Warwickshire Hunt the details of a police point of contact for Hunt meetings and for dealing with the protocol
• As far as the law permits it will relay any credible complaints made by members of the public to the email address supplied by the Hunt as soon as reasonably practicable after the complaints have been received.
• Meet with the Warwickshire Hunt (remotely) on a monthly basis during the hunting season to discuss any issues which have arisen
• In addition, if the police intend to join all or part of a hunting day, they have to arrange to meet with a member of the Hunt management at least one hour before the start of the Hunt to discuss the intended routes/trails.

If the police believed that the Hunt were in breach of the protocol or acting illegally, they could report the breach to the Hunt's regulatory body, the BHSA. If the BHSA considers any breach to have been proved, it can at its discretion report the matter to the independent hound sport regulatory body chaired by Sir Gerald Barling, which body has the power to: (a) fine the Hunt; (b) suspend the Hunt's licence; or (c) revoke its licence altogether.

What the campaigners say

While they are happy that the protocol has been made public after a long campaign, the West Midlands Hunt Saboteurs (WMHS) said that the details inside are concerning - and that a public inquiry is now needed. The WMHS said: "Ever since the Community Protection Notice served on the Warwickshire Hunt was dropped days before it was due in court and replaced by a secret deal that effectively allowed the Warwickshire Hunt to bypass due process, we have campaigned for that secret protocol to be made public. Now it has been. It is even worse than we first thought and understandable why Warwickshire Police tried to keep it a secret for so long." The WMHS said the protocol offers no repercussions for the Hunt - and the police have "washed their hands of policing the hunt, allowing them to police themselves". The group are also unhappy that the police seem 'powerless' to act if they suspect a breach of the law - and have to report the breach to the Hunt's regulatory body, the BHSA. The WMHS added: "If anyone dares to complain about the Warwickshire Hunt their complaint will be immediately forwarded by email to the Warwickshire Hunt itself who can get their story straight whilst also working out fairly easily who made the complaint." The group is also angry that Warwickshire Hunt were given monthly access to a senior officer within Warwickshire Police. "Who else gets treated like this?" it said. "Especially when you consider that Warwickshire Police were actually taking legal action against the Warwickshire Hunt before this protocol was agreed." The WMHS said the publication of the protocol 'vindicates its belief of a two-tier policing system', adding: "What we need now is a public inquiry into why this happened, who signed it off, and why they thought this was a good idea."

What the police say

The independent review did criticise the police for its lack of communication over the protocol, which is why Warwickshire Police's new Chief Constable Alex Franklin-Smith released the details of the agreement. He said: “The now obsolete civil protocol has been the subject of much confusion, and some have claimed it to be a ‘secret deal’. This is not the case, and the independent review explains why. This is a document that is considered privileged civil court information, subject to confidentiality and covered by legal privilege, meaning it shouldn’t be shared publicly unless the affected parties agree to waive their legal privilege. “As the report says, the force under-estimated the level of potential public interest in this matter and its approach to communications could and should have been more proactive. This may have avoided some of the confusion that ensued." He added: “I absolutely recognise the impact this matter has had on public trust and confidence in the force and policing more generally. As the independent report confirms, the protocol was entered into in good faith and with the best of intentions. It has, however, become a significant distraction to the vitally important work that our officers, staff and volunteers do to protect the communities of Warwickshire. “As the newly appointed Chief Constable, and after careful consideration, I have taken the decision to release the civil protocol into the public domain. I have informed the Warwickshire Hunt of my decision and in doing so waived the legal privilege that the document attracted. “A copy of the now obsolete civil protocol is available on the force website." (Click here to read it).

What happens next?

The force have published a new Code of Behaviour for anyone involved in trail hunting, protesting around it, or simply interested in how they police these matters. This remains available on their website. Chief Constable Franklin-Smith said: “Moving forward, at the end of each trail hunting season (spring), we will carry out an operational review that will include engagement with affected stakeholders. This review will be published and will detail relevant facts and figures of what has and hasn’t happened. “As the independent report details, trail hunting can be a challenging area for policing, and I have therefore asked the College of Policing and the National Police Coordination Centre to help us understand the experiences and learning from other UK police forces in this particular area. “Warwickshire Police will operate without fear or favour, and I have previously said publicly that we will not always get things right. However, we will learn from our mistakes, and we will be relentless in our pursuit to continually improve. In 2025, we will build and deliver a new policing plan that ensures we are serving our communities effectively. The views and voices of our people, our partners and our public will be heard, and used to inform our future."