Begley, R (on the application of) v West Midlands Police [2001] EWCA Civ 1571 (18 October 2001)

Begley, R (on the application of) v West Midlands Police [2001] EWCA Civ 1571 (18 October 2001)

There was no breach of natural justice or procedural impropriety; the Chief Constable was entitled to use the probationary dismissal procedure, and failure to notify the applicant of probation extension did not invalidate the process.

Citation
[2001] EWCA Civ 1571
Parties
Claimant/applicant: Michelle Begley; Defendant/respondent: Chief Constable of West Midlands Police
Jurisdiction
England and Wales
Judgment Date
18 October 2001
Procedural Posture
Judicial Review / Renewed Application for Permission to Apply for Judicial Review Before the Court of Appeal
Outcome
Permission to apply for judicial review refused; application for extension of time allowed.
Legal Topics
Natural Justice, Probationary Dismissal, Disciplinary Procedures, Extension of Probation, Judicial Review Procedure
Administrative Law Employment Law Police Law Natural Justice Probationary Dismissal Disciplinary Procedures Extension of Probation Judicial Review Procedure

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Parties

Michelle Begley

Claimant/applicant

Chief Constable of West Midlands Police

Defendant/respondent

Procedural Posture

Judicial Review / Renewed Application for Permission to Apply for Judicial Review Before the Court of Appeal

Legal Issues

  1. 1 Whether the Chief Constable acted as judge in his own cause in dismissing the applicant
  2. 2 Whether the probationary dismissal procedure was lawfully used instead of disciplinary procedures
  3. 3 Whether failure to notify the applicant of probation extension invalidated the process

Ratio Decidendi

There was no breach of natural justice or procedural impropriety; the Chief Constable was entitled to use the probationary dismissal procedure, and failure to notify the applicant of probation extension did not invalidate the process.

Court Disposition

Permission to apply for judicial review refused; application for extension of time allowed.

Orders

  • Application for extension of time allowed.
  • Application for permission to appeal refused.