A High Court ruling that the Metropolitan Police cannot dismiss officers by removing their vetting clearance “has significant implications for the work the Met is now doing to clean up the force”, the Mayor of London has said.
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.
The Metropolitan Police maintained that it would be left in a “hopeless position” if it could not dismiss officers after removing their vetting clearance because of allegations of sexual or domestic abuse.
Reacting to the ruling on Tuesday by Mrs Justice Lang, London Mayor Sadiq Khan said: “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.”
Confirming the Metropolitan Police would be seeking leave to appeal, Met Police Commissioner Sir Mark Rowley told reporters: “We are seeking leave to appeal the judgment, not just for the Met, but for law enforcement nationally, due to the profoundly damaging implications.
“The judge has identified a clear gap in the law, one that we have done our best to bridge, but as the judge has said, the answer lies in strengthened police vetting regulations.
“So in repeating the same request for two-and-a-half years, one echoed by the Casey and Angiolini reviews, I am once again calling on Government today to introduce new regulations as a matter of extreme urgency.”
A Home Office spokesperson 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.”
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