The High Court has ruled that the Metropolitan Police cannot dismiss officers by removing their vetting clearance. Sgt Lino Di Maria launched a legal challenge against the force after he had his vetting removed when sexual assault allegations were made against him. He denies all allegations and has not been charged in connection with them. Met Commissioner Sir Mark Rowley said the ruling had “left policing in a hopeless position” and the force were seeking leave to appeal. London Mayor Sir Sadiq Khan said the ruling had “significant implications for the work the Met is now doing to clean up the force”.
In her ruling, Mrs Justice Lang said the “defendant’s powers do not extend to the dismissal of a police officer by reason of withdrawal of vetting clearance”. “Dismissal is a matter which should be provided for in regulations made by the Secretary of State. This results in an anomalous situation where officers who do not have basic vetting clearance cannot be dismissed by the defendant.” The judge ruled that the current regulations did not allow for officers to be sacked through a removal of vetting clearance and that was something which could be changed by the government.
Following the ruling, a Home Office spokesperson said it was “acting rapidly” to ensure police forces could “dismiss officers who cannot maintain vetting clearance”. Speaking to reporters outside Scotland Yard, Sir Mark said: “We now have no mechanism to rid the Met of officers who were not fit to hold vetting – those who cannot be trusted to work with women, or those who cannot be trusted to enter the homes of vulnerable people. It is absolutely absurd that we cannot lawfully sack them. This would not be the case in other sectors where staff have nothing like the powers comparable to police officers.” He added officers such as Sgt Lino Di Maria would remain on vetting special leave, and described the position as a “ridiculous waste of money” but the “least bad option”.
The High Court has overturned the Metropolitan Police’s power to remove vetting clearance of officers for disciplinary reasons. The ruling was made after Sgt Lino Di Maria was stripped of his vetting clearance following allegations of sexual assault against him. The allegations were contested by him, and no charges were brought against him. The London Mayor, Sir Sadiq Khan, said that the ruling had significant implications for the work that the Met was doing in the effort to clean up the force. The force has responded by seeking leave to appeal in response to the decision.
The judgment made by Mrs Justice Lang confirmed that the force did not have the right to automatically dismiss officers by removing their vetting clearance, which it said should be provided for in Secretary of State regulations. This means those officers who do not have basic vetting clearance will not be subject to dismissal. The government has announced that it is acting quickly to ensure dismissal is possible for police officers who are not able to maintain the necessary vetting clearance. Sir Mark Rowley described the situation as absurd, saying that they cannot lawfully sack officers who are not compatible with the job, especially when the staff are given powers that are not comparable to those in worldwide industries. Officers, such as Sgt Di Maria, who fall under this category will remain under vetting special leave
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