Segalov, R (on the application of) v Chief Constable of Sussex Police & Anor

Segalov, R (on the application of) v Chief Constable of Sussex Police & Anor

Sussex Police acted unlawfully by refusing accreditation without an operative policy, failing to provide the claimant an opportunity to make representations or disclose the gist of the reasons, thereby breaching procedural fairness and public law principles; GMP's role was limited to referral and did not attract procedural fairness obligations.

Parties
Claimant: Michael Segalov; 1st Defendant: The Chief Constable of Sussex Police; 2nd Defendant: The Chief Constable of Greater Manchester Police
Jurisdiction
England and Wales
Judgment Date
23 November 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim against GMP dismissed; claim against Sussex Police succeeds in part.
Legal Topics
Procedural Fairness, Unpublished Policy, Accreditation, Article 8 ECHR, Data Protection Principles
Administrative Law Human Rights Law Data Protection Law Procedural Fairness Unpublished Policy Accreditation Article 8 ECHR Data Protection Principles

Case Brief

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Parties

Michael Segalov

Claimant

The Chief Constable of Sussex Police

1st Defendant

The Chief Constable of Greater Manchester Police

2nd Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Was the refusal of accreditation procedurally unfair?
  2. 2 Was the decision based on an unpublished policy?
  3. 3 Did the defendants apply the correct legal test for refusal?

Ratio Decidendi

Sussex Police acted unlawfully by refusing accreditation without an operative policy, failing to provide the claimant an opportunity to make representations or disclose the gist of the reasons, thereby breaching procedural fairness and public law principles; GMP's role was limited to referral and did not attract procedural fairness obligations.

Court Disposition

Claim against GMP dismissed; claim against Sussex Police succeeds in part.

Orders

  • Declaration that Sussex Police's accreditation refusal process was unlawful.
  • Decision to refuse accreditation quashed.