Michael Rawlinson, on behalf of a serving police officer, has successfully resisted a Judicial Review claim brought by Cleveland Police. The case concerned a ‘misconduct only’ finding made against the officer following a police misconduct hearing.
Cleveland Police sought to argue that the decision secured by Michael before the original misconduct panel (namely, that the officer’s behaviour including discreditable conduct and dishonesty amounted to misconduct rather than gross misconduct) was both irrational and unlawful. The officer faced the prospect of potential dismissal in the event that this argument succeeded.
Michael’s written submissions, on behalf of the officer as an Interested Party, led to an initial decision by the court to refuse permission on the papers.
Thereafter, the Force then sought to renew their application at an oral hearing.
The renewal hearing was heard at the Administrative Court in Leeds on 6 September 2023 before HHJ Kelly, sitting as a Judge of the High Court.
Following full written and oral arguments at a one-day hearing, HHJ Kelly gave an extempore judgment refusing Cleveland Police permission to apply for Judicial Review on all grounds.
The case will now be remitted back to the misconduct panel for the case to conclude to sanction – with this outcome ensuring that the officer cannot now face dismissal as an available outcome.
Michael is a member of chambers’ Professional Discipline Team and was instructed by Ben Haigh of Haighs Law Firm, Gateshead.
The case has received significant and extensive national media coverage throughout: BBC News | Daily Mail | The Sun | Express
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