Short & Ors, R (On the Application Of) v Police Misconduct Tribunal & Anor [2020] EWHC 385 (Admin) (07 February 2020)

Short & Ors, R (On the Application Of) v Police Misconduct Tribunal & Anor [2020] EWHC 385 (Admin) (07 February 2020)

Judicial review was refused because the Claimants had an adequate alternative remedy via the statutory appeal process to the Police Appeals Tribunal, and no exceptional circumstances justified bypassing that route. On the merits, the exposure of the Tribunal or its Chair to the disputed material did not meet the threshold for apparent bias, given the professional experience of the panel and the nature of the material. Procedural complaints did not warrant intervention.

Citation
[2020] EWHC 385 (Admin)
Parties
Claimants: APS Short & Ors; First Defendant: Police Misconduct Tribunal; Second Defendant: Chief Constable of Bedfordshire Police; Interested Party: Independent Office for Police Conduct
Jurisdiction
England and Wales
Judgment Date
07 February 2020
Procedural Posture
Judicial Review / Permission and Substantive Hearing (rolled Up), Application for Interim Relief
Outcome
Permission for judicial review refused; interim stay on Tribunal proceedings lifted.
Legal Topics
Apparent Bias, Recusal, Alternative Remedy, Police Misconduct, Procedural Fairness
Administrative Law Police Law Judicial Review Apparent Bias Recusal Alternative Remedy Police Misconduct Procedural Fairness

Case Brief

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Parties

APS Short & Ors

Claimants

Police Misconduct Tribunal

First Defendant

Chief Constable of Bedfordshire Police

Second Defendant

Independent Office for Police Conduct

Interested Party

Procedural Posture

Judicial Review / Permission and Substantive Hearing (rolled Up), Application for Interim Relief

Legal Issues

  1. 1 Whether the Police Misconduct Tribunal or its Chair should have recused themselves for apparent bias due to exposure to allegedly prejudicial material
  2. 2 Whether the Claimants were entitled to judicial review or had an adequate alternative remedy via statutory appeal
  3. 3 Whether procedural complaints about the handling of the recusal application justified intervention

Ratio Decidendi

Judicial review was refused because the Claimants had an adequate alternative remedy via the statutory appeal process to the Police Appeals Tribunal, and no exceptional circumstances justified bypassing that route. On the merits, the exposure of the Tribunal or its Chair to the disputed material did not meet the threshold for apparent bias, given the professional experience of the panel and the nature of the material. Procedural complaints did not warrant intervention.

Court Disposition

Permission for judicial review refused; interim stay on Tribunal proceedings lifted.

Orders

  • Permission to apply for judicial review is refused.
  • The stay on the Police Misconduct Tribunal proceedings is removed forthwith.