Policing in the United Kingdom has been placed in a precarious situation, according to Met Commissioner Sir Mark Rowley, after the High Court ruled that officers could not be dismissed solely based on the removal of their vetting status.
The judgment follows a legal challenge by Sgt Lino Di Maria, who lost his vetting clearance after being accused of sexual assault, a charge he denied and was not prosecuted for.
Sir Mark expressed deep concern about the ruling, emphasizing that the force is now without a clear mechanism to dismiss officers deemed unfit for their roles.
He described the situation as one where officers “who cannot be trusted to work with women” or “enter the homes of vulnerable people” remain on the force.
The High Court decision, delivered by Mrs Justice Lang, deemed the vetting process unlawful because it failed to give those accused of wrongdoing an opportunity to properly defend themselves.
This ruling complicates Sir Mark’s mission to remove unsuitable officers from the Met, prompting him to confirm that the force will appeal the decision.
The case began when Sgt Di Maria had his vetting clearance withdrawn following sexual assault allegations.
Despite the allegations, the Crown Prosecution Service found inconsistencies in the complainant’s account and decided not to press charges.
Sgt Di Maria, who denied any wrongdoing and insisted the encounters were consensual, argued that removing his vetting status without a proven case breached his right to a fair trial.
Mrs Justice Lang ruled that current police regulations do not allow officers to be dismissed simply for losing vetting clearance.
She highlighted that dismissal for this reason must be explicitly provided for in regulations by the Home Secretary, which is not yet the case.
The judge acknowledged this legal gap, noting it leaves officers without basic vetting in an “anomalous situation” where they cannot be lawfully removed from the force.
Sir Mark labeled the current situation a “ridiculous waste of money,” as affected officers must remain on vetting special leave, unable to work in their full capacity. “It’s absurd that we cannot lawfully sack them. This would not be the case in other sectors where staff hold far less power than police officers,” he said.
The ruling has significant implications for police leadership and how officers are held accountable.
London’s Independent Victims’ Commissioner Claire Waxman called it a “serious setback” to efforts aimed at restoring public trust in the police.
Similarly, Mayor of London Sir Sadiq Khan voiced his disappointment and welcomed the Met’s decision to appeal.
Meanwhile, the Home Office is taking swift action to address the issue, with plans to introduce regulations that would allow officers who lose their vetting to be dismissed.
A spokesperson confirmed that consultations on the proposal are ongoing and will close this week.
The Metropolitan Police Federation, which supported Sgt Di Maria’s legal challenge, praised the ruling, describing it as a victory for fairness and due process.
“This is about ensuring a fair and legal process,” the federation said.
Sgt Di Maria’s vetting was withdrawn in September 2023, leading to an unsuccessful appeal and a recommendation for his dismissal on grounds of gross incompetence, as he could no longer fulfill his role.
The allegations against him, dating back to 2019, involved claims of rape made by a female officer. Other allegations, including sending inappropriate emails and historical accusations of rape
