A DECISION on whether to start misconduct proceedings against Avon and Somerset’s suspended chief constable will be made by early next month.

The Independent Police Complaints Commission has completed its investigation into allegations that Nick Gargan abused his position by making inappropriate advances to junior female members of staff.

It has ruled out criminal action against Mr Gargan but a report has now been sent to Avon and Somerset Police Commissioner Sue Mountstevens, who has until November 3 to decide whether to take the matter further.

Mr Gargan, who denies any wrongdoing, has been suspended on full pay since being sent home on May 13 by Ms Mountstevens after the complaints came to light.

IPCC deputy chairman Rachel Cerfontyne said a number of witnesses and Mr Gargan were interviewed regarding allegations of gross misconduct and he was also quizzed under criminal caution for alleged breaches of the Data Protection Act.

She added: “I have provided the police and crime commissioner, Sue Mountstevens, with a report detailing our findings as to whether or not Mr Gargan has a case to answer for either misconduct or gross misconduct and should face disciplinary proceedings.

“Our investigation uncovered evidence that the Chief Constable may have breached the Data Protection Act by sending emails concerning police business, which contained personal data, to individuals unconnected to the force.

“Having thoroughly considered that evidence, I decided that it was insufficient for a referral to the Crown Prosecution Service.

“Under police complaints procedure, it is now a matter for the PCC to respond to me with a decision on what action she proposes to take as a result of our findings.”

Ms Mountstevens, who referred the case to the IPCC, said: “The investigation has now concluded and a report has been provided to the Police and Crime Commissioner.

“The report will now be considered carefully and a decision taken on whether or not to refer the matter to misconduct proceedings.

“The Police and Crime Commissioner has 15 working days – until November 3 – to make a decision. Chief Constable Nick Gargan currently remains suspended and John Long will continue as acting Chief Constable.”