Director General of the Independent Office for Police Conduct, R (On the Application Of) v Police Misconduct Panel [2024] EWHC 2796 (Admin) (04 November 2024)

Director General of the Independent Office for Police Conduct, R (On the Application Of) v Police Misconduct Panel [2024] EWHC 2796 (Admin) (04 November 2024)

The Panel's decision to impose only a final written warning for proven gross misconduct involving racist language and abuse of authority was irrational and failed to maintain public confidence in policing. The Panel did not adequately address the seriousness of the misconduct or apply the relevant guidance, rendering its sanction decision unlawful.

Citation
[2024] EWHC 2796 (Admin)
Parties
Claimant: Director General of the Independent Office for Police Conduct; Defendant: Police Misconduct Panel; Interested Party: Chief Constable of Cambridgeshire Constabulary; Interested Party: Daniel Buckett
Jurisdiction
England and Wales
Judgment Date
04 November 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; Panel's sanction decision quashed
Legal Topics
Police Misconduct, Disciplinary Sanctions, Judicial Review, Racism and Discrimination, Professional Standards
Administrative Law Police Law Employment Law Police Misconduct Disciplinary Sanctions Judicial Review Racism and Discrimination Professional Standards

Case Brief

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Parties

Director General of the Independent Office for Police Conduct

Claimant

Police Misconduct Panel

Defendant

Chief Constable of Cambridgeshire Constabulary

Interested Party

Daniel Buckett

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the sanction imposed by the Police Misconduct Panel was irrational
  2. 2 Whether the Panel failed to give adequate reasons for its sanction decision
  3. 3 Whether the Panel properly applied statutory and College of Policing guidance

Ratio Decidendi

The Panel's decision to impose only a final written warning for proven gross misconduct involving racist language and abuse of authority was irrational and failed to maintain public confidence in policing. The Panel did not adequately address the seriousness of the misconduct or apply the relevant guidance, rendering its sanction decision unlawful.

Court Disposition

Claim allowed; Panel's sanction decision quashed

Orders

  • The Panel's sanction decision is quashed.
  • The matter is remitted for reconsideration of sanction in accordance with law and guidance.