Chief Constable West Midlands Police, R (on the application of) v Panel Chair, Police Misconduct Panel & Anor

Chief Constable West Midlands Police, R (on the application of) v Panel Chair, Police Misconduct Panel & Anor

The Police Misconduct Panel erred in law by failing to engage with evidence of actual harm to BAME officers, failing to properly apply the structured approach in the Guidance, and irrationally finding provocation as mitigation. The Panel's outcome decision is quashed and the matter remitted to a new panel for redetermination of sanction.

Parties
Claimant: Chief Constable of West Midlands Police; Defendant: Panel Chair, Police Misconduct Panel; Interested Party: Officer 'A'
Jurisdiction
England and Wales
Judgment Date
04 June 2020
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Outcome Decision quashed; matter remitted to a new Police Misconduct Panel for redetermination of sanction.
Legal Topics
Judicial Review of Disciplinary Decisions, Police Misconduct, Discrimination, Procedural Fairness, Sanctions in Professional Discipline
Administrative Law Police Law Employment Law Judicial Review of Disciplinary Decisions Police Misconduct Discrimination Procedural Fairness Sanctions in Professional Discipline

Case Brief

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Parties

Chief Constable of West Midlands Police

Claimant

Panel Chair, Police Misconduct Panel

Defendant

Officer 'A'

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Police Misconduct Panel failed to follow the structured approach in the College of Policing Guidance when determining sanction for gross misconduct involving racist comments by Officer A
  2. 2 Whether the Panel failed to consider actual harm caused by the misconduct
  3. 3 Whether the Panel gave unlawful weight to mitigation

Ratio Decidendi

The Police Misconduct Panel erred in law by failing to engage with evidence of actual harm to BAME officers, failing to properly apply the structured approach in the Guidance, and irrationally finding provocation as mitigation. The Panel's outcome decision is quashed and the matter remitted to a new panel for redetermination of sanction.

Court Disposition

Outcome Decision quashed; matter remitted to a new Police Misconduct Panel for redetermination of sanction.

Orders

  • The Defendant’s Outcome Decision is quashed.
  • The matter is remitted to a differently constituted Police Misconduct Panel for determination of outcome given the finding of gross misconduct.