Latest news with #LinoDiMaria
Daily Mail
22-04-2025
- Politics
- Daily Mail
Rogue police officers who are suspected criminals will be sacked as 'absurd' High Court ruling is addressed
Hundreds of rogue police officers face the sack after a new law was brought in to address an 'absurd' High Court ruling that suspected criminals can remain in the ranks. Urgent police reforms coming into force next month will make it a legal requirement for serving officers to pass vetting procedures for the first time. In a major victory for police chiefs who have called for greater powers to sack suspected criminals in uniform, it means forces will now be able to automatically boot out officers who have failed background checks after being accused of serious crimes including rape, sexual assault and corruption. The measures were rushed through Parliament after a controversial legal ruling in February meant forces were unable to remove rogue officers due to their human rights. A Scotland Yard officer accused of rape, sexual assault, indecent exposure and domestic abuse successfully mounted a legal challenge against his force for removing his vetting clearance over the disputed allegations. Sergeant Lino Di Maria argued that it was unlawful to remove his warrant card when no allegations had been proven. To the horror of Scotland Yard's female officers, his case was backed by the Metropolitan Police Federation, a staff association representing 30,000 officers, despite the officer facing accusations from his own colleagues. The High Court ruled that removing his warrant card without proving the accusations was a breach of his right to a fair trial under the European Convention on Human Rights. The decision meant hundreds of Scotland Yard officers who faced being stripped of their vetting clearance due to alleged misconduct could remain in the force on full pay until retirement. Commissioner Sir Mark Rowley said in February the 'absurd' judgement had put forces 'in a hopeless position' as he had no choice but to put accused officers on 'vetting special leave'- paying them a full salary to stay at home doing nothing for fear that they could put the public or colleagues at risk. Following the murder of Sarah Everard by Met officer Wayne Couzens, Sir Mark brought in a retrospective vetting scheme to weed out suspected corruption and and criminality in the ranks, but perversely bosses had no legal power to sack those failing background checks. As a result, 29 Metropolitan Police officers and staff are currently sitting at home on paid leave at an estimated cost of £2million a year, despite having had their vetting removed by the force which believes they are not fit to serve the public. A 2024 national review uncovered concerns about 461 officers nationally, with 139 of those facing re-vetting at that time. Now hundreds of those officers could face the sack when the reforms come in. Home Secretary Yvette Cooper said: 'In recent years, serious cases which have badly failed all proper policing standards have damaged public trust in the officers who are supposed to protect them, and undermined the majority of brave, committed officers who work tirelessly to keep us safe. 'It is simply not acceptable that officers who are clearly unfit to serve or pose a risk to their colleagues cannot be removed. 'That's why these new rules are essential and it is why this Government has been working closely with forces to overcome these barriers to restore confidence in policing.' The new police dismissal system, which will come into force from 14 May, comes as the Home Office is also planning to introduce stronger requirements to suspend officers under investigation for violence against women and girls. Officers convicted of certain criminal offences will also be automatically found guilty of gross misconduct under the plans. National Police Chiefs' Council lead for vetting, Chief Constable Alex Franklin-Smith, backed the changes which 'provide clear routes for action to remove individuals who fall below the high standards the public and our workforce rightly expect and deserve'. Domestic abuse campaigner Nour Norris, who has called for reforms following the murder of her niece Raneem Oudeh and sister Khaola Saleem said: 'For the first time officers who cannot pass vetting, many for serious issues like domestic and sexual abuse, can finally be removed. Rogue police officers who are suspected criminals will be sacked as 'absurd' high court ruling is addressed
Yahoo
11-02-2025
- Yahoo
Met Police ‘predators' could return as force loses vetting case brought by ‘rapist' officer
A Metropolitan Police officer accused of rape has won a High Court judicial review against his dismissal leaving efforts to rid the force of 300 others in tatters. The judgement in Sergeant Lino Di Maria's successful legal battle was delivered on Tuesday. London mayor Sir Sadiq Khan said the decision 'has significant implications for the work the Met is now doing to clean up the force'. Officers sacked because of unproven allegations of sexual and domestic abuse could return to work and claim millions in back pay because of Sgt Di Maria's 'test case', including one arrested in the United States for trying groom a 13-year-old girl. Sgt Di Maria was stripped of his warrant card in September 2023 under the Met's new system called Operation Assure. Without proving whether the allegations are true, Sir Mark removed vetting clearance due to the seriousness of the claims and has dismissed about 107 officers so far in the wake of a slew of scandals, including Sarah Everard's murder by PC Wayne Couzens. But Mrs Justice Lang said the process was unlawful as those suspected of wrongdoing were denied an opportunity to defend themselves. A public complaint was made on August 12, 2019 accusing Sgt Di Maria of two sexual assaults and rapes in cars in public car parks on December 3 and 9, 2018. There was also a rape and indecent exposure claim in 2015, an allegation of sending inappropriate messages to colleagues in 2019 and alleged inappropriate behaviour at work two years later. An ex-partner made further accusations of domestic abuse in 2022. But Sgt Di Maria, who was found to have no case to answer in respect of misconduct allegations and has always denied the claims against him, brought the legal action - with the backing of the Met Police Federation - saying the process was unlawful. He argued that having his vetting removed is a breach of his right to a fair trial. However the Met wants the power to be able to remove vetting for allegations - even if unproven - which mean that a Met officer would not have been allowed to join the force in the first place, as part of efforts to rebuild trust in the force and root out so-called 'bad apples'. Following the ruling, Met Commissioner Sir Mark Rowley said it was 'possible' sacked officers could return to the force. He said officers such as Sergeant Lino Di Maria will remain on vetting special leave - describing the position as a 'ridiculous waste of money' but the 'least bad option'. Sir Mark told reporters: 'Finally, regardless of the current legal framework, the public of London have my assurance, and that of my colleagues, that Di Maria and those like him will not be policing the streets or working alongside other officers. 'They will remain on vetting special leave - a ridiculous waste of money, but the least bad option until regulations are repaired.' Delivering the ruling on Tuesday, Mrs Justice Lang concluded that the process used in Sgt Di Maria's case - dubbed 'vetting dismissal' - is not fit for purpose. 'The process deprives the officer of any meaningful opportunity to challenge a finding of gross incompetence', she said, adding that dismissal for an officer who has been stripped of vetting clearance becomes inevitable. She said normal safeguards for misconduct proceedings become 'ineffective', include a full hearing where evidence will be considered and witnesses may be called, in which the panel will determine whether or not gross incompetence has been established. 'If a finding of gross incompetence is made, before an outcome is determined, the panel must have regard to the officer's personal record and any mitigation or references he may put forward, but this is meaningless if the only available outcome is dismissal.' She added: 'In my view, dismissal without notice for gross incompetence will be a serious stain on a police officer's record when seeking alternative employment, in addition to the loss of vetting clearance. It ought not to be imposed without an effective and fair hearing.' Last month, Sir Mark called the Federation's attempt to win back the job of an officer with a 'ghastly' background 'crazy and frankly unbelievable'. The Met says it faces a 'disastrous' future as staff 'with really worrying' pasts are reinstated, then awarded thousands in back pay. The Met commissioner confirmed the force would be seeking leave to appeal the court's ruling. Attention will now shift to the Home Office and its reaction to the Met Police's court defeat. A Home Office spokesperson said the Government was "acting rapidly" to introduce new rules to help forces sack officers who could not hold vetting. Education Secretary and women's minister Bridget Phillipson told LBC that Home Secretary Yvette Cooper would make sure vetting of Metropolitan Police officers is "overhauled". Asked by presenter Andrew Marr if the ruling made her worried for the safety of women in London, Ms Phillipson said: "It is precisely for that reason that the Home Secretary will make sure that vetting is overhauled, so we can be completely confident that police officers serving the public are fit and proper people to be carrying out those duties." Mrs Justice Lang added in her ruling that it is anticipated revisions to the codes of practice for police officers across the country will now be considered. Sir Sadiq added: 'This decision has significant implications for the work the Met is now doing to clean up the force, raise standards and rid the police of all those unfit to serve. 'I have long been clear that there can be no hiding place for those who abuse their position of trust and authority within the police. 'Working alongside the Met Commissioner, I want no let-up in the vital work being carried out to raise standards and rebuild public confidence in the Met. 'No-one who has failed vetting should continue to serve in the force and we will work closely with the Commissioner, the Home Office and partners to assess the implications of this ruling.' Last week female officers slammed their own union for 'championing' Sgt Di Maria's cause. In an open letter to Sir Mark and Home Secretary Yvette Cooper, the Network of Women group -which fights misogyny at work – blasted the decision which will raises 'very serious ethical and governance concerns'. Co-chairs Inspector Jennifer Sharpling and Alicia Patel questioned whether members were consulted before having their fees used to support Sgt Di Maria, who faced accusations from his own colleagues. 'lt is our collective view that Di Maria's dismissal would not only be justified but essential,' they wrote. Claire Waxman, London's independent victims' commissioner, posted on X, formerly Twitter: 'It's crucial the Commissioner has the tools he needs to dismiss officers who simply shouldn't be serving. 'Removing these officers has been central to his efforts to improve trust and confidence amongst Londoners and the countless good, hardworking officers.' Others who could return include PC Terry Malka who kept his job despite being convicted of performing a solo sex act in a First Class train carriage in 2018. A review by Baroness Casey found the Met to be institutionally racist, misogynist and homophobic after 33-year-old Ms Everard was kidnapped, raped and murdered by Couzens in March 2021. Lady Elish Angiolini discovered a series of red flags were missed about Couzens who should never have been given a job with a history of offending dating back nearly 20 years.
Sky News
11-02-2025
- Politics
- Sky News
Met Police cannot dismiss officers by removing their vetting clearance, High Court rules
The Metropolitan Police cannot dismiss officers by removing their vetting clearance, the High Court has ruled. It comes after the court ruled against the force in what has been described as a "test case" that could have implications for the sacking of police officers accused of misconduct. Sergeant Lino Di Maria, who had his vetting removed because of sexual assault and rape allegations, brought a legal challenge to the court claiming the process was unlawful. Mr Di Maria had denied the allegations against him. The challenge has been described as a "test case" in whether officers can be removed from duty if they cannot hold the minimum level of vetting. On Tuesday, the High Court ruled that the vetting clearance decision regarding Sgt Di Maria be "quashed and reconsidered". This means the UK's largest police force cannot dismiss officers by removing their vetting after the High Court ruling. Metropolitan Police Commissioner Mark Rowley warned the ruling left policing in a "hopeless" position and said he would seek leave to appeal it. He added: "We have no mechanism to rid the Met of officers who are 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 we cannot sack them." Sky News correspondent Matthew Thompson described it as a "potentially seismic" case. 'Significant implications' Mayor of London, Sadiq Khan, said in a statement: "This decision has significant implications for the work the Met is now doing to clean up the force, raise standards and rid the police of all those unfit to serve. "I have long been clear that there can be no hiding place for those who abuse their position of trust and authority within the police. "Working alongside the Met Commissioner, I want no let-up in the vital work being carried out to raise standards and rebuild public confidence in the Met. "No one who has failed vetting should continue to serve in the force and we will work closely with the Commissioner, the Home Office and partners to assess the implications of this ruling." Operation Assure The Met Police began reviewing the status of officers who were alleged to have committed sexually violent crimes under a system it called Operation Assure. Assure was put in place after the Met suffered a series of scandals, including the murder of Sarah Everard, to try and clean up the police. Some were removed after the emergence of serious accusations, including one officer who is thought to have tried to form a relationship with a 13-year-old girl in the United States, though authorities were unable to prove this. Some officers had their vetting clearance removed, and were dismissed from the force, without proving whether the allegations against them were true. Please refresh the page for the fullest version.
The Independent
11-02-2025
- Politics
- The Independent
Met Police loses challenge over vetting of officer accused of rape
The Metropolitan Police cannot dismiss officers by removing their vetting clearance, the High Court has ruled, in a case which the force warned could render them powerless to sack rogue officers facing allegations of rape and domestic abuse. The force defended a judicial review brought by a sergeant whose vetting was revoked following a series of unproven complaints about his conduct, including rape and sexual assault. He denies the allegations and has not been charged with, nor convicted of, any offence. Sgt Lino Di Maria argued the decision to revoke his vetting – which will likely lead to his dismissal – is unlawful and challenged updated vetting procedures designed to root out rogue officers in a High Court hearing last month. However assistant commissioner Laurence Taylor warned the consequences could be 'disastrous' and render the force powerless to strip unsuitable officers of their warrant card. It could also force them to reinstate sacked officers and leave the force liable for thousands in backpay in a worst-case scenario, he said following the hearing. In a judgment handed down on Tuesday, Mrs Justice Lang ruled the force cannot dismiss officers by removing their vetting clearance. "The process deprives the officer of any meaningful opportunity to challenge a finding of gross incompetence,' she said. "The panel merely confirms a decision that has already been made, by an internal vetting regime which is not Article 6 (right to a fair trial) compliant. Where basic vetting clearance has been withdrawn, the only outcome open to the panel is dismissal." Met Commissioner Sir Mark Rowley said the ruling has "left policing in a hopeless position'' and the force is seeking leave to appeal. The judgment "has significant implications for the work the Met is now doing to clean up the force'', the Mayor of London Sadiq Khan added. Sgt Di Maria was accused of assaulting a woman, who he met at the gym, in a Tesco carpark and as she was leaving the gym on two dates in 2018. The court heard he insisted the encounters were consensual and a criminal investigation resulted in no further action after the woman withdrew her support for the investigation. Police also received reports alleging he touched a British Transport Police officer's leg and exposed himself to her in 2015. Sgt Di Maria said it was consensual and the complainant later retracted the allegation. Further reports were received alleging domestic abuse towards an ex-partner in 2022, inappropriate workplace behaviour in 2021 and sending inappropriate messages to a colleague in 2019. Sgt Di Maria denies any wrongdoing, and independent police misconduct processes found the sergeant, who joined the force in 2004 and last passed his vetting in 2017, had 'no case to answer' over the complaints. However, he was referred for vetting review, after his case was flagged as part of Operation Onyx, a probe into domestic and sexual abuse allegations against Met staff launched in the wake of a series of scandals, including the rape and murder of Sarah Everard by serving Met officer Wayne Couzens. Sgt Di Maria had his vetting removed in September 2023 and an appeal against this decision was refused. He launched a judicial review ahead of a 'gross incompetence' hearing, which will likely result in his dismissal. The sergeant challenged the 'vetting dismissal' process he was subject to under Operation Assure, the Met's program to root out rogue officers. Kevin Baumber, counsel for Sgt Di Maria, argued it was a concern that an officer could go through a 'detailed' conduct procedure, which concludes that 'they need not be dismissed', only to be fired following an 'internal management decision anyway'. He told the hearing last month that the officer was challenging the Met's decision on a number of grounds, including his right to a fair trial under Article 6 of the European Convention on Human Rights. John Beggs KC, leading the Met's legal team, said the case raised the 'fundamental issue' of whether a chief officer is entitled to sack officers who cannot clear the basic vetting procedures. 'Vetting is crucial to the integrity of the police service, to the confidence that a chief officer of police can have in their officers, and to public confidence in the police', he said in written arguments submitted to the court. The majority of those referred to Operation Assure were men identified in a ten-year review of historic allegations of sexual misconduct and domestic abuse made against officers. Of 107 officers and staff who have had their vetting withdrawn under Op Assure, so far 19 people have been dismissed and 19 have resigned. Those dismissed include an officer who received multiple rape and sexual assault allegations from different women from 2011-23, which could not be proved to a criminal or professional misconduct standard. After his vetting was revoked and he was dismissed, the force continued to investigate and he was later charged, although the officer has since died. More about Met Police High Court
Yahoo
11-02-2025
- Politics
- Yahoo
Met Police cannot dismiss officers by removing their vetting clearance, High Court rules
The Metropolitan Police cannot dismiss officers by removing their vetting clearance, the High Court has ruled. It comes after the court ruled against the force in what has been described as a "test case" that could have implications for the sacking of police officers accused of misconduct. Sergeant Lino Di Maria, who had his vetting removed because of sexual assault allegations, brought a legal challenge to the court claiming the process was unlawful. Mr Di Maria had denied the allegations against him. The challenge has been described as a "test case" in whether officers can be removed from duty if they cannot hold the minimum level of vetting. On Tuesday, the High Court ruled that the vetting clearance decision regarding Sgt Di Maria be "quashed and reconsidered". This means the UK's largest police force cannot dismiss officers by removing their vetting after the High Court ruling. 'Significant implications' Mayor of London, Sadiq Khan, said in a statement: "This decision has significant implications for the work the Met is now doing to clean up the force, raise standards and rid the police of all those unfit to serve. "I have long been clear that there can be no hiding place for those who abuse their position of trust and authority within the police. "Working alongside the Met Commissioner, I want no let-up in the vital work being carried out to raise standards and rebuild public confidence in the Met. "No one who has failed vetting should continue to serve in the force and we will work closely with the Commissioner, the Home Office and partners to assess the implications of this ruling." Operation Assure The Met Police began reviewing the status of officers who were alleged to have committed sexually violent crimes under a system it called Operation Assure. Assure was put in place after the Met suffered a series of scandals, including the murder of Sarah Everard, to try and clean up the police. Some were removed after the emergence of serious accusations, including one officer who is thought to have tried to form a relationship with a 13-year-old girl in the United States, though authorities were unable to prove this. Some officers had their vetting clearance removed, and were dismissed from the force, without proving whether the allegations against them were true. Assistant Commissioner Laurence Taylor said previously the system was "entirely lawful" and warned the Met Police would be stuck in a "hopeless position" if it lost the case. Sky News correspondent Matthew Thompson described it as a "potentially seismic" case. This breaking news story is being updated and more details will be published shortly. Please refresh the page for the fullest version. You can receive breaking news alerts on a smartphone or tablet via the Sky News app. You can also follow us on WhatsApp and subscribe to our YouTube channel to keep up with the latest news.
