Pump Court Chambers

Finding of Misconduct Appeal Meeting quashed after successful Judicial Review Challenge

News 13th April 2015

Colin Banham successfully represented a Cumbrian Police Officer in a challenge by way of Judicial Review. A Misconduct Appeal Meeting found that the officer had breached the Police Officer Standards of Professional Behaviour in that he had failed to obey orders and instructions from senior officers not to remove or copy material in relation to an ongoing misconduct investigation. The Claimant successfully argued that the order was unlawful and/or irrational. It was submitted that he was entitled in law to the material and that the Force has misapplied the ‘Harm Test’ under Regulation 4 of the Police (Conduct) Regulations 2012. It was further argued that the Misconduct Appeal Meeting failed in its duty to give adequate reasons in order to enable the Claimant to understand why the decision was reached. Having considered the submissions, the Defendant conceded that the decision of the Misconduct Appeal Meeting was unlawful and/or irrational and it was quashed by consent.

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