Birks, R (On the Application Of) v Marcia Rigg-Samuel

Birks, R (On the Application Of) v Marcia Rigg-Samuel

The decision to maintain suspension and refuse resignation was unlawful because it wrongly relied on Article 2 ECHR as requiring disciplinary proceedings, failed to properly weigh the public interest in prompt determination, and took irrelevant factors into account; the matter must be reconsidered by the Assistant Commissioner.

Parties
Claimant: Andrew Birks; First Defendant: Commissioner of Police of the Metropolis; Second Defendant: The Independent Police Complaints Commission; Interested Party: Marcia Rigg-Samuel
Jurisdiction
England and Wales
Judgment Date
13 April 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision quashed and remitted for reconsideration
Legal Topics
Police Disciplinary Proceedings, Delay in Investigations, Article 2 ECHR, Article 8 ECHR, Article 9 ECHR, Public Interest, Resignation of Police Officers, Misconduct Proceedings
Administrative Law Human Rights Law Police Law Police Disciplinary Proceedings Delay in Investigations Article 2 ECHR Article 8 ECHR Article 9 ECHR +3 more

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Parties

Andrew Birks

Claimant

Commissioner of Police of the Metropolis

First Defendant

The Independent Police Complaints Commission

Second Defendant

Marcia Rigg-Samuel

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the refusal to permit resignation and continued suspension of the claimant is lawful
  2. 2 Whether Article 2 ECHR requires disciplinary proceedings in addition to criminal investigation and inquest
  3. 3 Whether the delay in disciplinary proceedings breaches Articles 8 and 9 ECHR

Ratio Decidendi

The decision to maintain suspension and refuse resignation was unlawful because it wrongly relied on Article 2 ECHR as requiring disciplinary proceedings, failed to properly weigh the public interest in prompt determination, and took irrelevant factors into account; the matter must be reconsidered by the Assistant Commissioner.

Court Disposition

Decision quashed and remitted for reconsideration

Orders

  • The decision of 19 July 2017 is quashed.
  • The matter is remitted to the Assistant Commissioner of the Metropolitan Police for reconsideration.