Police Superintendents' Association, R (on the application of) v The Police Remuneration Review Body & Anor

Police Superintendents' Association, R (on the application of) v The Police Remuneration Review Body & Anor

There was no arguable breach of the Public Sector Equality Duty by the Review Body or the Home Secretary. The differentiated impact of the flat-rate pay increase was recognised, analysed, and justified in the Review Body’s report and the Home Secretary’s decision. The duty of candour required disclosure of the Ministerial Submissions, but the error was not material to the outcome. The Review Body’s function was a public function, but the claim failed on the merits.

Parties
Claimant: Police Superintendents’ Association; First Defendant: Police Remuneration Review Body; Second Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Judicial Review / Permission Stage
Outcome
Permission for judicial review and specific disclosure refused; claim dismissed.
Legal Topics
Public Sector Equality Duty, Judicial Review—disclosure, Police Pay, Indirect Discrimination—age, Duty of Candour
Administrative Law Employment Law Equality Law Public Sector Equality Duty Judicial Review—disclosure Police Pay Indirect Discrimination—age Duty of Candour

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Parties

Police Superintendents’ Association

Claimant

Police Remuneration Review Body

First Defendant

Secretary of State for the Home Department

Second Defendant

Procedural Posture

Judicial Review / Permission Stage

Legal Issues

  1. 1 Whether the Police Remuneration Review Body and the Home Secretary breached the Public Sector Equality Duty (PSED) in recommending and accepting a flat-rate police pay increase.
  2. 2 Whether the Home Secretary’s approach to disclosure of Ministerial Submissions satisfied the duty of candour in judicial review.
  3. 3 Whether the Review Body’s recommendation function is a public function subject to judicial review and the PSED.

Ratio Decidendi

There was no arguable breach of the Public Sector Equality Duty by the Review Body or the Home Secretary. The differentiated impact of the flat-rate pay increase was recognised, analysed, and justified in the Review Body’s report and the Home Secretary’s decision. The duty of candour required disclosure of the Ministerial Submissions, but the error was not material to the outcome. The Review Body’s function was a public function, but the claim failed on the merits.

Court Disposition

Permission for judicial review and specific disclosure refused; claim dismissed.

Orders

  • Claim for judicial review dismissed.
  • Application for specific disclosure of Ministerial Submissions refused.