Practice

Natural justice - chief constable potentially vicariously liable in employment proceedings brought by police officer - disciplinary charges against same officer - chief constable disqualified from hearing disciplinary proceedingsR v Chief Constable of Merseyside, ex parte Bennion: QBD (Toulson J): 29 June 2000

The applicant asked the respondent Chief Constable to refer his determination of disciplinary proceedings against her under reg.

13.1 of The Police (Discipline) Regulations 1985 to another Chief under reg.

14.7 because the outcome was likely to affect the success of employment tribunal proceedings for sexual discrimination brought by her against him in his capacity as being vicariously liable for the actions of Merseyside officers.

He refused, finding that he was not personally the subject of the complaints in the tribunal and he found the applicant guilty of two charges of neglect of duty.

The applicant applied for judicial review.James K Pickup (instructed by Russell Jones & Walker, Manchester) for the applicant.

Judith Beale (instructed by Helen Mercer, Merseyside Police, Liverpool) for the respondent.Held, allowing the application, that the principle of judicial partiality that no one should be a judge in his own cause or act as a judge where there was a real possibility of partiality applied to police disciplinary proceedings; that the 1985 Regulations and those superseding them did not whittle down that principle or restrict the scope for judicial review; that the respondent's interest in the disciplinary proceedings was representative, and to be regarded as a personal interest disqualifying him from conducting those proceedings; that although there was no real risk of the respondent being biased, where a person who was himself not merely involved in but was the head of an organisation being sued by another, the rule that no one should be a judge in his own cause came into play and he could not act as a judge in a separate hearing against that other where its outcome may have a material bearing on the action against his organisation.