Metropolitan Police Commissioner, R (on the application of) v Police Misconduct Panel

Metropolitan Police Commissioner, R (on the application of) v Police Misconduct Panel

The Panel's decision to dismiss the misconduct allegations at the NCA stage was outside the range of reasonable decisions open to it, as it failed to consider supporting evidence and made premature evaluative judgments without hearing both sides of the case. The Panel's findings of no case to answer are quashed and the matter is remitted for reconsideration by a differently constituted panel.

Parties
Claimant: Metropolitan Police Commissioner; Defendant: Police Misconduct Panel; Interested Party: PC Mark Neale
Jurisdiction
England and Wales
Judgment Date
17 June 2025
Procedural Posture
Judicial Review / Judgment After Hearing
Outcome
Claim for judicial review granted on grounds of unreasonableness; Panel's decision quashed; matter remitted for fresh consideration.
Legal Topics
Judicial Review, Police Misconduct, Standards of Professional Behaviour, No Case to Answer (nca), Application of Galbraith Test, Disciplinary Proceedings, Public Law Unreasonableness
Administrative Law Police Law Employment Law Judicial Review Police Misconduct Standards of Professional Behaviour No Case to Answer (nca) Application of Galbraith Test +2 more

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Parties

Metropolitan Police Commissioner

Claimant

Police Misconduct Panel

Defendant

PC Mark Neale

Interested Party

Procedural Posture

Judicial Review / Judgment After Hearing

Legal Issues

  1. 1 Whether the Panel properly applied the Galbraith test to each allegation
  2. 2 Whether the Panel's decision to dismiss the allegations at half-time was within the range of reasonable decisions open to it

Ratio Decidendi

The Panel's decision to dismiss the misconduct allegations at the NCA stage was outside the range of reasonable decisions open to it, as it failed to consider supporting evidence and made premature evaluative judgments without hearing both sides of the case. The Panel's findings of no case to answer are quashed and the matter is remitted for reconsideration by a differently constituted panel.

Court Disposition

Claim for judicial review granted on grounds of unreasonableness; Panel's decision quashed; matter remitted for fresh consideration.

Orders

  • The claim for judicial review is granted on Grounds 2, 4, and 6.
  • The decision of the Defendant to dismiss the misconduct allegations against the Interested Party by finding no case to answer is quashed.