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

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

The Panel’s findings and sanction were reasonably open to it, properly applying the law and guidance, and no public law error or irrationality was demonstrated; the application for judicial review is dismissed.

Parties
Claimant: Chief Constable of West Midlands Police; Defendant: Police Misconduct Panel; Interested Party: P. S. Sarah Srivastava
Jurisdiction
England and Wales
Judgment Date
02 December 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed.
Legal Topics
Police Misconduct, Disciplinary Proceedings, Judicial Review, Sanctions, Equality and Diversity, Honesty and Integrity
Administrative Law Employment Law Police Law Police Misconduct Disciplinary Proceedings Judicial Review Sanctions Equality and Diversity +1 more

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Parties

Chief Constable of West Midlands Police

Claimant

Police Misconduct Panel

Defendant

P. S. Sarah Srivastava

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Panel erred in law or acted irrationally in finding no breach of Equality and Diversity standard and only a tenuous breach of Authority, Respect and Courtesy standard
  2. 2 Whether the Panel erred in its assessment of the seriousness of the Officer’s misconduct
  3. 3 Whether the Panel erred in imposing a final written warning rather than dismissal as sanction

Ratio Decidendi

The Panel’s findings and sanction were reasonably open to it, properly applying the law and guidance, and no public law error or irrationality was demonstrated; the application for judicial review is dismissed.

Court Disposition

Application for judicial review dismissed.

Orders

  • Claim dismissed.