Source: All England Reporter
Publisher Citation: [2008] All ER (D) 21 (Jun)
Neutral Citation: [2008] EWHC 1183 (Admin)
Court: Queen's Bench Division, Administrative Court

Wyn Williams J

Representation Martin Westgate (instructed by Russell Jones and Walker) for the claimant.
  Jeremy Johnson (instructed by the Director of Legal Services) for the defendant.
Judgment Dates: 4 June 2008


Police - Compulsory retirement - Extension of employment - Claimant police officer applying for extension - Defendant police authority's Chief Superintendent refusing claimant's application - Whether decision amenable to judicial review - Whether decision unlawful - Police Pensions Regulations 1987, SI 1987/257, reg A 19.

The Case

There was no sensible reason why a decision that forced retirement upon a police officer should not be susceptible to judicial review to ensure that it conformed to the rules of natural justice. A necessary incidence of that finding was that the claimant had the right to be heard about any proposed decision to force him to retire before it was made. In the instant case, the complete absence of any procedure whereby the claimant could make representations about the proposed decision to make him retire before it was made and the failure to see representations from the claimant rendered the defendant's decision unlawful.

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