Staffordshire commissioner’s decision to recruit temporary chief constable was ‘unlawful’ – judge
The Police, Fire and Crime Commissioner for Staffordshire’s decision to recruit a temporary chief constable after its previous one was suspended from duty was “unlawful”, a High Court judge has ruled.
Staffordshire Police Chief Constable Chris Noble was suspended on August 1 this year after serious concerns were raised about his behaviour outside work.
Mr Noble, who denies any wrongdoing, is under investigation by the Independent Office for Police Conduct (IOPC) for the matters, which pre-date his employment with the force.
The commissioner, Ben Adams, decided to establish a recruitment process to appoint a temporary replacement for Mr Noble rather than ask the Deputy Chief Constable, Rebecca Riggs, to take on the role.
The High Court heard that the commissioner asked Ms Riggs to “act up” as the Chief Constable for a short period of time while the recruitment process was being developed.
An advertisement for the post of temporary chief constable (TCC) was published on August 22.
Between August and September, the Chief Police Officers’ Staff Association (CPOSA) questioned the proposed appointment of a TCC rather than Ms Riggs stepping up, and launched a legal challenge against the proposed procedure at the High Court.
Lawyers for the CPOSA told a Birmingham hearing in October that the relevant legislation, among other things, provided a statutory process for the appointment of a chief constable by the commissioner at the conclusion of the process.
In a ruling published on Wednesday (November 19), Mrs Justice Jefford said that CPOSA had argued that what the commissioner proposed to do in this case was “completely contrary” to that scheme.
CPOSA lawyers also submitted that there can only be one chief constable, and even if the appointment of a TCC would not create a second, it would still allow a second person to perform those functions.
The commissioner opposed the challenge, with his lawyers telling the court he had consulted stakeholders and sought to follow their guidance, and that he intends to submit his preferred candidate to the scrutiny of those stakeholders, including the Police, Fire and Crime Panel.
Mrs Justice Jefford said: “It was submitted that it was only because the commissioner faced extraordinary circumstances that he sought to exercise his power … to fulfil his core function of securing an effective and efficient police force.”
The judge also said: “The appointment of someone to perform the functions of the chief constable must be subject to the provisions of the act for the appointment of a chief constable.”
She added: “There can be no doubt that the commissioner sought advice and guidance from appropriate bodies and individuals and that the guidance he consistently received was that he could appoint a TCC.
“However, the issue is whether that advice was right and not whether it was given. Evidence that there was a common understanding of what could be done and even a related practice cannot change the position in law.”
Mrs Justice Jefford concluded: “Accordingly, I find in favour of the claimant on ground one, and I find that the defendant’s decision to recruit and/or any forthcoming decision to appoint a temporary chief constable is unlawful.”
