R (Chief Police Officers’ Staff Association) v Police, Fire and Rescue and Crime Commissioner for Staffordshire

Subject Matter

POLICE — Police and Crime Commissioner — Power to appoint, suspend and remove chief constable — Commissioner suspending chief constable — Whether commissioner having express or implied power to appoint temporary chief constable — Police Reform and Social Responsibility Act 2011 (c 13), Sch 1, para 14

[2025] EWHC 3047 (Admin); [2025] WLR(D) 583, KBD

AI Summary & Issues

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In R (Chief Police Officers’ Staff Association) v Police, Fire and Rescue and Crime Commissioner for Staffordshire, the High Court determined that the Commissioner did not have the authority to appoint a temporary chief constable, as this power is not explicitly granted by the Police, Reform and Social Responsibility Act 2011. The court deemed the recruitment decision unlawful, affirming that the Deputy Chief Constable should assume duties in the chief constable's absence. The claimant's arguments on statutory interpretation and procedural fairness were upheld, resulting in a substantive victory for the claimant.

Issues

• Did the Police and Crime Commissioner have the express or implied authority to appoint a temporary chief constable under the Police, Reform and Social Responsibility Act 2011, given the absence of explicit provisions for such an appointment?
• Was the decision of the Police and Crime Commissioner to remove the Deputy Chief Constable from the role of acting chief constable premature and procedurally unfair, considering the statutory requirements for such actions?
• Did the Commissioner fail to take into account all relevant matters and consider the implications of appointing a temporary chief constable, thereby reaching an unreasonable decision?