Chief Constable West Midlands Police, R (on the application of) v Panel Chair, Police Misconduct Panel & Anor [2020] EWHC 1400 (Admin) (04 June 2020)

Chief Constable West Midlands Police, R (on the application of) v Panel Chair, Police Misconduct Panel & Anor [2020] EWHC 1400 (Admin) (04 June 2020)

The Panel failed to properly follow the structured approach required by the Guidance, did not engage with evidence of actual harm, improperly weighed mitigation, and reached certain irrational conclusions. The Outcome Decision must be quashed and remitted to a different Panel for determination of sanction.

Citation
[2020] EWHC 1400 (Admin)
Parties
Claimant: Chief Constable 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 / Final Judgment on Application for Judicial Review
Outcome
Outcome Decision quashed; matter remitted to a different Police Misconduct Panel for determination of sanction.
Legal Topics
Police Misconduct, Disciplinary Proceedings, Racial Discrimination, Judicial Review, Procedural Fairness
Administrative Law Police Law Employment Law Police Misconduct Disciplinary Proceedings Racial Discrimination Judicial Review Procedural Fairness

Case Brief

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Parties

Chief Constable West Midlands Police

Claimant

Panel Chair, Police Misconduct Panel

Defendant

Officer 'A'

Interested Party

Procedural Posture

Judicial Review / Final Judgment on Application for Judicial Review

Legal Issues

  1. 1 Whether the Police Misconduct Panel followed the structured approach required by the Guidance on Outcomes in Police Misconduct Proceedings
  2. 2 Whether the Panel properly considered actual harm caused by proven racist comments and behaviour
  3. 3 Whether the Panel placed unlawful weight on Officer A's mitigation contrary to the Guidance

Ratio Decidendi

The Panel failed to properly follow the structured approach required by the Guidance, did not engage with evidence of actual harm, improperly weighed mitigation, and reached certain irrational conclusions. The Outcome Decision must be quashed and remitted to a different Panel for determination of sanction.

Court Disposition

Outcome Decision quashed; matter remitted to a different Police Misconduct Panel for determination of sanction.

Orders

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