Police boss applies to take home secretary to court over plans to scrap role

The West Midlands police and crime commissioner (PCC) has applied for a judicial review against the home secretary's decision to approve the transfer of the powers from the PCC to the mayor.

Labour's Simon Foster had described plans to axe the role of PCC after the next mayoral election in May as a "hostile takeover".

Last week, Conservative West Midlands mayor Andy Street confirmed he and the government had agreed to the transfer of powers following a six-week consultation.

It would bring the role of West Midlands mayor closer to the powers of other regional mayors like Andy Burnham, the mayor of Greater Manchester and Sadiq Khan, mayor of London.

Those roles already have power over police governance.

Announcing his decision to apply for a judicial review, PCC Simon Foster said: "I have today commenced an application for judicial review in the High Court against the Secretary of State for the Home Department, challenging his decision, to approve the hostile takeover of Police and Crime Commissioner powers by the Mayor.

"This is a matter that is entirely of the Mayor’s own making. I have repeatedly advised him not to waste taxpayers’ money, proceeding with his cynical, divisive and undemocratic power grab that is in no-one’s interests, save that of the Mayor.

"Sadly, the Mayor has refused to listen. He has left me with no alternative, but to proceed with an application for judicial review."

He added: "The Mayor failed to secure a democratic mandate for the transfer of PCC powers in 2019. He failed to secure a democratic mandate in 2021. His government changed the law to remove the need for a democratic mandate in 2023.

"The Home Secretary and the Mayor adopted an unlawful procedure in December 2023. I had to take legal action, to compel them to launch a last minute, panic driven, 11th hour public consultation. The Mayor then refused to engage in public debate with me.

"I was refused the opportunity to make my case before the Combined Authority Overview and Scrutiny Committee. The Home Secretary and Mayor then failed to secure a mandate via the public consultation, because a majority of people disagreed with the transfer of PCC powers to the Mayor."

He continued: "[Andy Street] has repeatedly failed to make out his case. Yet, he is persisting with his hostile takeover in defiance of local democracy, contrary to the principles of devolution and against the will of the people."

The government has been criticised for announcing a consultation on the transfer of powers after it had already announced the transfer would take place.

Questions have also been raised over the consultation, which lasted six weeks. Typical consultations can normally last double the length.

Mr Foster continued: "Enough is enough. As Police and Crime Commissioner my one and only top priority is preventing, tackling and reducing crime. I am committed to complying with my pledge to the electorate.

"I was elected with a mandate to retain a democratically elected and directly accountable Police and Crime Commissioner. I repeated that commitment in my Police and Crime Plan. I intend to fulfil my pledge to the people who elected me.

"The very last thing we need is a Mayor who is in denial of the catastrophic and devastating damage his own government has inflicted on our police service, executing a hostile takeover of policing in the West Midlands. It would mean, more cuts, more chaos and more crime.

"That is why I will not hesitate to take the action necessary to hold the Home Secretary and the Mayor to account, to defend democracy, the rule of law and the rights of the people I represent.

"However, it is not too late. I call on the Home Secretary to abandon his approval of the hostile takeover of PCC powers and I call on the Mayor to withdraw his consent. Have the courage, the integrity and the principles to put it to the people – let the people decide – who they want to represent them as their democratically elected and directly accountable Police and Crime Commissioner – on 2 May 2024."

Responding to the announcement a spokesperson for Mr Street said: “Perhaps if the PCC had put this much energy into his job over the last three years then we wouldn’t be in a situation where crime has doubled with his force in special measures.

"We dread to think how much taxpayer money is being wasted on London lawyers by the PCC in trying to save his job, money that should be in the West Midlands Police budget to be spent on frontline officers.

“To be really clear the Mayor is not subject to this judicial review, and has no intention of backing away from taking the tough steps required to tackle the scourge of crime across the West Midlands.”

The home secretary has been approached for comment.

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