Information

Pension Forfeiture Notice- Gareth Middleton

 

The Police, Fire and Crime Commissioner (PFCC) for Northamptonshire is the Pension Service Authority (PSA) for Northamptonshire Police and is therefore responsible for the submission of applications for pension forfeiture to the Home Secretary.
The legislative basis for police pension forfeiture is found in regulation K5 of the 1987 Regulations, regulation 55 of the 2006 Regulations and Chapter 5 of Part 13 to the 2015 Regulations. Each of these regulations contain provisions which allow a PSA to determine forfeiture in cases where either;

• a pension scheme member has been convicted of treason or of offences under the Official Secrets Acts 1911 and 1939 and has been sentenced to a term (or terms) of imprisonment of at least ten years. or;
  where a pension scheme member has been convicted of an offence committed in connection with his or her service as a member of a police force.
• The Office of the Police, Fire and Crime Commissioner (OPFCC) also has a policy for Pension Forfeiture which sets out the local process. A copy of the policy can be found on the OPFCC website here.

Background

On the 28/11/2025 Gareth Middleton, then a serving Police Officer, was convicted of two counts of Sexual Assault contrary to section 3 of the Sexual Offences Act 2003, after he elected to plead Not Guilty. Following a trial in the Crown Court, it was determined that Gareth Middleton had sexually assaulted two females on the 28/08/2021. Gareth Middleton was subsequently sentenced to a 3-year Community Order, 5-year Sexual Risk Order, 250 hours of unpaid work, £95 victim surcharge and £2,000 costs. Gareth Middleton resigned from his employment at Northamptonshire Police on the 03/03/2026, one day before an accelerated misconduct hearing, where it was found that he would have been dismissed had he still been a serving Police Officer.

Pension Forfeiture Process

The OPFCC applied to the Secretary of State for a Certificate of Pension Forfeiture which was granted on the 04/03/2026. In line with local processes, a Pension Forfeiture Panel Meeting was held by the OPFCC on the 28/04/2026 to determine whether the pension should be forfeited and, if so, to what extent. It should be noted that a maximum of 65% of the pension can be forfeited and that this can be on a permanent basis or for a set period of time. The remaining 35% of the pension constitutes the pensioner’s own contributions, which cannot be forfeited.
The Pension Forfeiture Panel was Chaired by the Police, Fire and Crime Commissioner Danielle Stone, along with the OPFCC Chief Executive Jonny Bugg and OPFCC Chief Finance Officer Vaughan Ashcroft. The Panel heard representations made by Northamptonshire Police. Gareth Middleton did not attend, and no representative attended on his behalf. He did not submit any written representations or mitigation for the Panel to consider.

Deliberations

During deliberations the Panel considered representations made by Northamptonshire Police. The Panel considered the relevant Pension Regulations, APACCE Pension Forfeiture Guidance and Toolkit; which can be found here; the OPFCC Pension Forfeiture Policy and Process; the Home Office Guidance on Police Pension Forfeiture.

The Panel considered the following specific factors in reaching their decision:

• Pension Forfeiture Criteria:
  The Panel was satisfied that the case met the criteria for Pension Forfeiture, in line with the relevant Regulations, given Gareth Middleton, as a matter of public record, has been convicted of two offences, both of which were committed in connection with his service as a police officer. The Panel considered that Gareth Middleton’s offending was connected with this service as a police officer because he was invited to the party by a serving police officer, who he had met through work, and was therefore considered to be at the party due to connections made with colleagues through his work.

 

Aggravating Factors:

Public Confidence:
The Panel considered that offences of Sexual Assault committed by a serving police officer represent a serious breach of the trust placed in police officers by the public. The Panel agreed that members of the public are entitled to expect particularly high standards of behaviour from those exercising police powers.
The Panel further noted the extensive local and national media coverage of the case, and the cumulative effect this has had on public confidence. Against the national context of efforts to rebuild trust in policing, particularly among women, the Panel concluded that the damage to public confidence was significant.

Public Funds
The Panel noted the length of time Gareth Middleton remained suspended on full pay pending the conclusion of criminal proceedings and misconduct action. The Panel did not criticise Gareth Middleton for exercising lawful employment rights, including the decision not to resign, but was entitled to have regard to the financial impact on public funds when assessing the public interest. The Panel also noted that Gareth Middleton remained on full pay while suspended, and that, over the course of his six-year police career, four years were spent under suspension.

Conduct
The Panel recognised that Gareth Middleton had a fundamental right to plead Not Guilty in the criminal proceedings and that no adverse inference should be drawn from the exercise of that right. However, the Panel was entitled to consider the objective consequences of the resulting delay to proceedings when assessing pressures on the criminal justice system and wider public interest considerations.

Strategic and Organisational Impact
The Panel considered the Commissioner’s Safe and Sound Plan, which prioritises rebuilding public trust and promoting professional standards. Offending of this nature by a serving officer was considered to directly undermine these objectives.
The Panel also took account of the Commissioner’s and Force’s commitments to tackling Violence Against Women and Girls, and the reputational harm caused to these initiatives by Gareth Middleton’s conduct.

Impact of the offending
While no direct victim impact evidence was presented, the Panel recognised that sexual offences are inherently serious due to their potential to cause lasting harm, and this seriousness was reflected in the sentence imposed.

Sentencing
The Panel noted that Gareth Middleton received a Community Order and a Sexual Risk Order. While not custodial, these outcomes were considered to reflect the seriousness of the offences and the risk posed to the public.
Mitigating Factors:

Personal Mitigation
Gareth Middleton was given the opportunity to make representations, either orally or in writing, but chose not to engage with the process. The Panel nonetheless considered whether any mitigation arose from the available information and concluded that no factors outweighed the seriousness of the misconduct or its impact on public confidence.

Determination of the Panel

The Panel considered their role and responsibilities in line with regulation K5 of the 1987 Regulations and determined, for the reasons set out and having regard to all the circumstances, that the pension should be subject to forfeiture. The Panel were satisfied that maintenance of public confidence in the integrity of the police is a legitimate and important matter of public interest, which for the general public good justifies overriding the rights of the individual under Article 1, Protocol 1. Forfeiture will be at 65% of the whole pension and will be permanent.

Decision taken

The Police, Fire and Crime Commissioner has taken the decision that in this case forfeiture will be at 65% of the whole pension and will be permanent.

Details of advice taken

Professional legal advice has been sought throughout the process to ensure the OPFCC met all its statutory obligations in relation to the pension forfeiture process.