Home Office loses appeal over quashing of transfer of Police and Crime Commissioner powers to West Midlands mayor

The Court of Appeal has rejected the Home Secretary’s appeal over a High Court judgment quashing the decision to abolish the Police and Crime Commissioner (PCC) role in the West Midlands and transfer its policing governance powers to the Mayor of West Midlands.

The West Midlands Police and Crime Commissioner, Simon Foster, who brought the legal challenge, said the election for the Police and Crime Commissioner for the West Midlands would now go ahead on 2 May 2024.

Mr Justice Swift in the High Court had rejected the Commissioner's contention that the consultation in December 2023 and January 2024 had not been undertaken with an open mind.

However, the judge allowed the challenge on the PCC's second ground, namely whether sufficient information was given in the consultation document to permit appropriate consideration and response.

According to a report on the BBC, Lord Lord Justice Dingemans, who heard the Government's appeal alongside Lady Justice Nicola Davies and Lord Justice Lewis, said they were unable to say Mr Justice Swift was "wrong... in setting out the steps for a lawful consultation in the particular circumstances of this case".

He added: "The Secretary of State did not give sufficient information to permit intelligent consideration and response, and this meant that the process was so unfair as to be unlawful."

Foster said: “The judgment of [the Court of Appeal], confirms the Mayor will not now be able to proceed with his hostile takeover of Police and Crime Commissioner power…..

“I am pleased that the people of the West Midlands will now have the right to vote for a democratically elected and directly accountable Police and Crime Commissioner at the election on 2 May 2024, whose one and only top priority is preventing, tackling and reducing crime.”

He added: “I brought this claim for judicial review to fulfil my Manifesto pledge to the people of the West Midlands, the commitment in my Police and Crime Plan and to defend democracy, the rule of law and the rights of the people I represent.

“I was also concerned that the transfer of PCC powers to a representative of the government, would lead to more cuts, more chaos and more crime.”

The Home Office has been approached for comment.