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The Independent
12-02-2025
- Politics
- The Independent
Rowley: Officials ‘dragging feet' over calls for powers to sack rogue officers
The head of Britain's biggest police force blamed Home Office officials for failing to give him stronger powers to sack rogue officers. The Metropolitan Police is set to challenge a High Court ruling that it cannot sack officers by removing their vetting clearance. Scotland Yard chief Sir Mark Rowley said he had been lobbying the Government to give him a different mechanism to sack officers who were unfit to wear the uniform. He said successive home secretaries had promised action but 'I could see officials were being slow and not getting on with it'. He said that left him with 'no choice but to use the existing regulations and what is a very, very untested process, so I always knew we'd be legally challenged'. Sir Mark told BBC Radio 4's Today programme: 'Throughout this whole process, I've seen complete commitment and support from Suella Braverman, James Cleverly and Yvette Cooper to get this fixed. 'I'm disappointed that officials have dragged their feet.' He added: 'It's only in the last few days they've actually started listening to us about what's required to fix this, so that we can deal expeditiously and properly with people who aren't fit to wear the uniform.' The Home Office insisted it was 'acting rapidly' to introduce new rules to help forces sack officers who could not hold vetting – an official system used to assess someone's suitability to work for the police. Throughout this whole process, I've seen complete commitment and support from Suella Braverman, James Cleverly and Yvette Cooper to get this fixed. I'm disappointed that officials have dragged their feet Sir Mark Rowley Without a legal mechanism to sack them, Sir Mark said millions of pounds was being wasted paying officers he cannot get rid of. 'It's a ridiculous waste of taxpayers' money paying someone (to) sit at home, but they won't be policing the streets, they won't be attending your calls,' he said. The Met began reviewing allegations against officers and staff in the wake of public outrage over Wayne Couzens and David Carrick, who committed violent sexual crimes while serving as Met officers. The first, Operation Assure, looked at the vetting of officers and staff where concerns had been raised about their behaviour. The second, Operation Onyx, looked at every completed sexual offence or domestic abuse case involving a police officer or staff member between April 2012 and April 2022, where the allegation did not lead to them being sacked. There are currently 29 officers who have had their vetting removed who remain on paid leave, and 96 who have been sacked or resigned. It is thought that keeping officers and staff on paid special vetting leave will cost at least £2 million per year. If the Met is forced to reinstate another 24 officers previously sacked for failing to meet vetting standards, this cost could be as high as £7 million per year. But Tuesday's High Court judgment effectively removed a mechanism to sack officers who were not fit to hold vetting. Sergeant Lino Di Maria successfully mounted a legal challenge, supported by the Metropolitan Police Federation, after having his vetting removed over sexual assault allegations, which he denies. He was found to have no case to answer in respect of misconduct allegations, and argued that having his vetting removed without the accusations being proved is a breach of his right to a fair trial. Sgt Di Maria – who joined the force in 2004 – was accused of rape in 2019, and a second allegation was made in 2021, with the incident said to have happened in 2015. A complaint was also made in 2021 that the officer had been inappropriate towards female colleagues. No criminal charges were brought because of insufficient evidence, and Sgt Di Maria was found to have no case to answer for misconduct. A Home Office spokesman said: 'It is essential for public confidence in policing that the strictest standards are upheld and maintained. Individuals who fall below the high standards the public expects should not be police officers. 'That's why this Government is acting rapidly to introduce new, strengthened rules that will help forces dismiss officers who cannot maintain vetting clearance. 'There are clear processes already in place for forces to deal with any officer found facing allegations of misconduct, and it is critical that they use these to remove personnel who clearly fall short of the standards that we and the public expect.' In the ruling on Tuesday, Mrs Justice Lang found that Scotland Yard cannot lawfully dismiss officers by withdrawing their vetting clearance. She continued: '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. 'In my view, that anomaly could and should be resolved by regulations.'
Yahoo
12-02-2025
- Politics
- Yahoo
Rowley: Officials ‘dragging feet' over calls for powers to sack rogue officers
The head of Britain's biggest police force blamed Home Office officials for failing to give him stronger powers to sack rogue officers. The Metropolitan Police is set to challenge a High Court ruling that it cannot sack officers by removing their vetting clearance. Scotland Yard chief Sir Mark Rowley said he had been lobbying the Government to give him a different mechanism to sack officers who were unfit to wear the uniform. He said successive home secretaries had promised action but 'I could see officials were being slow and not getting on with it'. He said that left him with 'no choice but to use the existing regulations and what is a very, very untested process, so I always knew we'd be legally challenged'. Sir Mark told BBC Radio 4's Today programme: 'Throughout this whole process, I've seen complete commitment and support from Suella Braverman, James Cleverly and Yvette Cooper to get this fixed. 'I'm disappointed that officials have dragged their feet.' He added: 'It's only in the last few days they've actually started listening to us about what's required to fix this, so that we can deal expeditiously and properly with people who aren't fit to wear the uniform.' The Home Office insisted it was 'acting rapidly' to introduce new rules to help forces sack officers who could not hold vetting – an official system used to assess someone's suitability to work for the police. Without a legal mechanism to sack them, Sir Mark said millions of pounds was being wasted paying officers he cannot get rid of. 'It's a ridiculous waste of taxpayers' money paying someone (to) sit at home, but they won't be policing the streets, they won't be attending your calls,' he said. The Met began reviewing allegations against officers and staff in the wake of public outrage over Wayne Couzens and David Carrick, who committed violent sexual crimes while serving as Met officers. The first, Operation Assure, looked at the vetting of officers and staff where concerns had been raised about their behaviour. The second, Operation Onyx, looked at every completed sexual offence or domestic abuse case involving a police officer or staff member between April 2012 and April 2022, where the allegation did not lead to them being sacked. There are currently 29 officers who have had their vetting removed who remain on paid leave, and 96 who have been sacked or resigned. It is thought that keeping officers and staff on paid special vetting leave will cost at least £2 million per year. If the Met is forced to reinstate another 24 officers previously sacked for failing to meet vetting standards, this cost could be as high as £7 million per year. But Tuesday's High Court judgment effectively removed a mechanism to sack officers who were not fit to hold vetting. Sergeant Lino Di Maria successfully mounted a legal challenge, supported by the Metropolitan Police Federation, after having his vetting removed over sexual assault allegations, which he denies. He was found to have no case to answer in respect of misconduct allegations, and argued that having his vetting removed without the accusations being proved is a breach of his right to a fair trial. Sgt Di Maria – who joined the force in 2004 – was accused of rape in 2019, and a second allegation was made in 2021, with the incident said to have happened in 2015. A complaint was also made in 2021 that the officer had been inappropriate towards female colleagues. No criminal charges were brought because of insufficient evidence, and Sgt Di Maria was found to have no case to answer for misconduct. A Home Office spokesman said: 'It is essential for public confidence in policing that the strictest standards are upheld and maintained. Individuals who fall below the high standards the public expects should not be police officers. 'That's why this Government is acting rapidly to introduce new, strengthened rules that will help forces dismiss officers who cannot maintain vetting clearance. 'There are clear processes already in place for forces to deal with any officer found facing allegations of misconduct, and it is critical that they use these to remove personnel who clearly fall short of the standards that we and the public expect.' In the ruling on Tuesday, Mrs Justice Lang found that Scotland Yard cannot lawfully dismiss officers by withdrawing their vetting clearance. She continued: '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. 'In my view, that anomaly could and should be resolved by regulations.'
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
