Judicial review – College of Policing responds

The High Court released its judgment in the case of Sergeant Lino Di Maria v Commissioner of the Metropolitan Police today. The College of Policing and the Home Office are interested parties in the case. 

The judgment found that it was unlawful to terminate the claimant police officer’s service with the Metropolitan Police, following withdrawal of his vetting, and quashed the relevant decisions taken internally.

The public, and policing itself have been clear they want to see robust vetting for new and existing officers so that only those with the highest ethical and professional standards can work in the police service.

We have made significant improvements to police vetting over the past year to ensure we can root out those who simply should not work in policing. We are disappointed by today’s judgment and will support the Metropolitan Police Service’s decision to seek permission to appeal.

We agree there is now an urgent need for Government to update police regulations which will address today’s ruling and give forces the legal powers and confidence to dismiss officers, ensuring that only those who meet the highest standards have the privilege of serving.

I want to reassure the public that the vast majority of police vetting remains unaffected by today’s ruling and forces will continue to vet officers. Policing will ensure that those who fail vetting will not undertake duties where they engage with or pose any risk to the public or their colleagues.”

Assistant Chief Constable Tom Harding, Director of Public Safety & Risk at the College of Policing

New national guidance

In December, the College published new national guidance for police vetting which introduced:

• mandatory, randomised re-vetting
• an increased focus on vetting reviews – the process in which officers and staff are routinely reassessed throughout their career
• a new national vetting application form for all 43 forces

Parts of the strengthened guidance were developed to address some of the recommendations following the Casey Review, Angiolini Inquiry and His Majesty's Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) report which found changes were needed in police vetting to better protect the public.

• Go to vetting authorised professional practice

The Court did not make any orders against the College of Policing, nor did it declare the Vetting Code of Practice or Authorised Professional Practice to be unlawful.

However, the College, respecting the Court and the legal process, will review its guidance in light of the judgment and any appeal.