Source: All England Reporter
Publisher Citation: [2017] All ER (D) 43 (Jun)
Neutral Citation: [2017] EWHC 1349 (Admin)
Court: Queen's Bench Division, Divisional Court
Judge:

Sharp LJ and Garnham J

Representation Hugh Davies QC and Jessica Boyd (instructed by Kingsley Napley LLP) for the Chief Constable.
  Jonathan Swift QC and Joanne Clement (instructed by Bevan Brittan LLP) for the Commissioner.
  Clive Sheldon QC and Christopher Knight (instructed by HM Chief Inspector of Constabulary) for HMCIC.
  Adrian Phillips (solicitor advocate) for the South Yorkshire Police and Crime Panel, as interested party.
Judgment Dates: 9 June 2017

Catchwords

Police - Chief constable - Suspension - Claimant former Chief Constable seeking judicial review of defendant Police and Crime Commissioner's decisions, suspending, invoking statutory procedure and requiring resignation - Whether decisions being irrational - Policing Protocol Order, .

The Case

Police Chief constable. The Divisional Court quashed decisions of the defendant Police and Crime Commissioner to suspend, pursue the statutory process against and require the claimant former Chief Constable to resign, following his statement on the Hillsborough disaster. The Commissioner's decisions had been irrational, as the Chief Constable's statement had been within the range of reasonable responses, and the Commissioner had failed to engage with HM Chief Inspector of Constabulary's observations and to provide cogent reasons for his different view.

Practice Areas

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