Statement from Matt Cane, General Secretary of the Metropolitan Police Federation, following today’s Judicial Review outcome into vetting-based dismissal of police officers.
The Metropolitan Police Federation are satisfied that the Judicial Review process has answered the significant legal question which needed to be asked in regard to the vetting-based dismissal of police officers and the use of Operation Assure by the Metropolitan Police.
This Judicial Review was about ensuring a fair, but more importantly, legal process was in place.
The Metropolitan Police must recognise the law and - it goes without saying - operate within it.
That's what today's ruling clearly emphasises.
I remain curious as to why those in Scotland Yard thought they could operate outside of the law when it comes to police officers.
As far back as early 2023 I wrote to the Metropolitan Police raising our concerns around the legality of Operation Assure. I made it clear from the outset that where an individual is dismissed, unlawfully, this will not go unchallenged.
These concerns were ignored.
I offered to work with the Metropolitan Police to ensure any vetting based dismissal was fair and legal, this offer was also ignored.
As The Judge Mrs Justice Lang said the force’s “powers do not extend to the dismissal of a police officer by reason of withdrawal of vetting clearance”.
She said statutory misconduct procedures “should not be circumvented, directly or indirectly, by the use of more informal internal vetting procedures”.
Mrs Justice Lang stated that the claimant should have been given the opportunity of “the right to a fair hearing” and have been given the opportunity to call witnesses and have the allegations against him “on important contested issues” cross examined, “to satisfy the requirements of fairness”.
The Metropolitan Police Federation emphasises that the good, brave and hard-working colleagues we represent are the first to say that the small minority of officers who are not fit to serve should not be in the police service.
But police officers - like all people - need to be treated within the law of the land and they have the right to representation and a fair process. Would any other staff association or union sit back and allow its members to be dismissed unlawfully without challenge?
Judge Mrs Justice Lang continued: “In my judgment, as a matter of principle, the statutory misconduct procedures are the intended and proper legal route for the consideration and determination of allegations of misconduct against police officers.
“The statutory misconduct procedures provide important procedural safeguards for officers… those safeguards should not be circumvented, directly or indirectly, by the use of more informal internal vetting procedures.”
The Metropolitan Police Federation are committed to working with the Metropolitan Police – as we always are - to ensure the public have trust and confidence in those who police London.
The Judicial Review outcome is an underlining of the rule of law and will undoubtedly influence any future vetting revocation within Police Regulations. Hopefully this judgement has played a part in shaping this very important issue and that any future process is legal and follows natural justice.
Mrs Justice Lang concluded: "The determination in the misconduct proceedings should be respected and accorded primacy. It is clear that the procedure under regulation 32 of the Performance Regulations has been adopted as a mechanism to overcome the absence of any lawful statutory procedure for a vetting dismissal. However, I do not consider that it is fit for purpose."
I thank the legal team at Reynolds Dawson Solicitors and Three Raymond Buildings for their painstaking work on this high-profile case and the National Police Federation of England and Wales for financially supporting the undertaking of the Judicial Review.
