West Midlands Police Commissioner wins High Court legal challenge against transfer of powers
The Police and Crime commissioner (the PCC) for the West Midlands has won a High Court challenge against Government plans to transfer his powers to the region’s mayor.
Simon Foster, a Labour politician, took legal action against the Home Office’s move to scrap his role in time for local elections in May.
His powers over the local police force are set to be merged with those of the West Midlands Mayor – a role currently held by Conservative Andy Street.
A judge has now ruled in Mr Foster’s favour, concluding the Home Office had not provided sufficient information when consulting over its plans.
Mr Foster, who previously branded the plans as a “hostile takeover” and a “cynical power grab”, argued the powers transfer decision should be reversed, claiming there were failings in a public consultation.
At a hearing earlier this month, his lawyers argued the Home Office’s consultation was “no more than a tick box exercise”, with Home Secretary James Cleverly having a “closed mind” on the issue.
The Home Office told the court in London the transfer decision was taken “with an open mind following a lawful consultation and with regard to relevant information”.
In his 23-page written ruling, Mr Justice Swift said:
“The Home Secretary did not, when consulting, provide sufficient information to permit intelligent and informed response.”
Elected PCCs:
set their local police force’s budget
decide what crimes it should prioritise
can fire and hire the Chief Constable and aim to make sure they are accountable to the communities they serve
Every force area in England and Wales is represented by a Police and Crime Commissioner except London, Manchester and West Yorkshire, where the mayor holds the responsibility instead.
PCC functions are also due to transfer to the South Yorkshire mayor in May.
"The Home Secretary and the Mayor have wasted everyone’s time and tax payers’ money"
In a statement, Simon Foster said:
“I am pleased that the people of the West Midlands will now have the right to vote for a democratically elected and directly accountable Police and Crime Commissioner at the election on 2 May 2024, whose one and only top priority is preventing, tackling and reducing crime.
“I brought this claim for Judicial Review to fulfil my Manifesto pledge to the people of the West Midlands, the commitment in my Police and Crime Plan and to defend democracy, the rule of law and the rights of the people I represent.
“I was also concerned that the transfer of PCC powers to a representative of the government, would lead to more cuts, more chaos and more crime.
“The Home Secretary acknowledged that he and the Mayor had previously failed to act in accordance with the law, by failing to carry out a public consultation and apply the relevant statutory criteria.
“It defies belief that they had farcically, inexplicably and incompetently failed to read and understand their own legislation, that they themselves had specifically passed only weeks before, to remove the need for a democratic mandate in the West Midlands.
“It was only following legal action, successfully challenging and holding them to account, that they were forced into a humiliating climbdown and a belated public consultation was launched at all.
“Having already acted unlawfully and undertaken a public consultation, they then also ignored the outcome. It was therefore entirely right and proper that I brought the claim for Judicial Review, to ensure that the Home Secretary and the Mayor had finally understood their legal obligations and were acting in accordance with the law.
“The court has determined that the 11th hour, last minute, panic driven, consultation launched by the Home Secretary, was unlawful.
"The judge found that the consultation was “not sufficient”, “perfunctory” and required respondents to go on a “treasure hunt” to obtain relevant information. Ultimately it “misses the point of a consultation exercise”.
“The Home Secretary and the Mayor have wasted everyone’s time and tax payers’ money. In addition, they have been responsible for causing incalculable distraction and disruption, for West Midlands Police, the Office of the Police and Crime Commissioner, the Combined Authority and local election officials, not to mention the uncertainty it has created for the general public of the West Midlands.
“I am pleased that the Mayor’s cynical, divisive, unnecessary and undemocratic, attempted hostile takeover of PCC powers has been defeated.
"I trust that we can now all concentrate on what matters most to the people of the West Midlands, which is ensuring that we all work together in partnership, to prevent, tackle and reduce crime".
West Midlands Mayor Andy Street said: "My reaction is one of incredible disappointment.
"I believe that by merging the role of the mayor and the PCC and bring all of the resources together, we would do it better."
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