Commissioner of the Police of the Metropolis v A Police Conduct Panel [2022] EWHC 2857 (Admin) (11 November 2022)

Commissioner of the Police of the Metropolis v A Police Conduct Panel [2022] EWHC 2857 (Admin) (11 November 2022)

The Panel's sanctions decision was unlawful because it improperly considered testimonial evidence at the seriousness assessment stage, contrary to statutory guidance. The decision against PS Russell was also irrational as no reasonable tribunal, correctly applying the law, could have imposed only a final written...

Source-derived case information.

Citation
[2022] EWHC 2857 (Admin)
Parties
Claimant: Commissioner of the Police of the Metropolis; Defendant: A Police Conduct Panel; Interested Party: PS Hayley Russell; Interested Party: PC Christopher Strickland
Jurisdiction
England and Wales
Judgment Date
11 November 2022
Procedural Posture
Judicial Review / Judgment on Claim
Outcome
Sanctions decision quashed and remitted to a new Panel for redetermination.
Legal Topics
Police Misconduct, Disciplinary Proceedings, Judicial Review, Sanctions in Police Disciplinary Cases, Procedural Fairness
Administrative Law Police Law Employment Law Police Misconduct Disciplinary Proceedings Judicial Review Sanctions in Police Disciplinary Cases Procedural Fairness

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Parties

Commissioner of the Police of the Metropolis

Claimant

A Police Conduct Panel

Defendant

PS Hayley Russell

Interested Party

PC Christopher Strickland

Interested Party

Procedural Posture

Judicial Review / Judgment on Claim

Legal Issues

  1. 1 Whether the process by which the Police Conduct Panel reached its sanctions decision was unlawful
  2. 2 Whether the sanction awarded against PS Russell was irrational (Wednesbury unreasonable)

Ratio Decidendi

The Panel's sanctions decision was unlawful because it improperly considered testimonial evidence at the seriousness assessment stage, contrary to statutory guidance. The decision against PS Russell was also irrational as no reasonable tribunal, correctly applying the law, could have imposed only a final written warning given the findings of dishonesty. The sanctions decision must be quashed and remitted to a newly constituted Panel for redetermination.

Court Disposition

Sanctions decision quashed and remitted to a new Panel for redetermination.

Orders

  • The sanctions decision of the Police Conduct Panel is quashed.
  • The matter is remitted to a freshly constituted Panel to redetermine sanctions against both officers.