Home Office loses appeal over West Midlands policing powers ruling

The Home Office has lost a bid to appeal against a judge’s ruling that blocked plans to transfer policing powers in the West Midlands.

Lawyers for the Home Secretary argued that a High Court judgment earlier this week was wrong to quash a decision to merge the role of the local police and crime commissioner (PCC) into the area’s elected mayor – a position held by Conservative Andy Street.

Following a hearing at the Court of Appeal in London, judges said they refused to give the Government permission to appeal.

Lady Justice Nicola Davies, who heard the case alongside Lord Justice Dingemans and Lord Justice Lewis, said they would give their reasons later on Friday.

A spokesman for Labour politician Simon Foster, the current West Midlands PPC, has said that the decision means an election for his role will be held in May.

On Monday, Mr Justice Swift concluded that the Home Office had not provided sufficient information when consulting over the powers transfer plan.

His ruling came after Mr Foster took legal action against the department’s move to scrap his role in time for local elections in May.

Mr Foster has labelled the merger plans a “hostile takeover” and “cynical power grab”, while the Government argues the consolidation of powers “offers a better scope for preventing crime”.

On Friday, Home Office lawyers argued that the High Court judge took an “incorrect” approach and had an “over-exacting understanding” of what a lawful consultation required.

Mr Foster’s legal team said the appeal bid should be dismissed and that Mr Justice Swift was “unarguably correct”.

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.

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