Met Police cannot dismiss officers by removing their vetting clearance, High Court rules

High Court Rules Against Metropolitan Police in Vetting Clearance Case

The High Court has delivered a significant ruling that restricts the Metropolitan Police’s ability to dismiss officers by revoking their vetting clearance. In a case described as a "test case" for police misconduct procedures, the court ruled against the force, determining that it cannot sack officers solely by removing their vetting status. The ruling has sparked widespread concern among policing leaders and victims’ advocates, who fear it undermines efforts to root out unfit officers and restore public trust in the police force.

Sergeant Lino Di Maria, a Metropolitan Police officer, challenged the force after his vetting clearance was revoked following rape allegations. Despite the allegations, insufficient evidence was found to prove them, and no formal action was taken against him. However, his vetting status was removed, leading to his dismissal. Di Maria, supported by the Metropolitan Police Federation, argued that the process was unlawful. The High Court agreed, ruling that the decision to revoke his vetting clearance should be "quashed and reconsidered." This means the Metropolitan Police cannot use the removal of vetting clearance as a means to dismiss officers, leaving the force in what Commissioner Sir Mark Rowley described as a "hopeless position."

Implications for Policing and Public Trust

The ruling has far-reaching implications for how police forces handle misconduct allegations and ensure public safety. Commissioner Sir Mark Rowley expressed frustration, stating that the police now lack a mechanism to remove officers who are deemed unfit to serve. He emphasized the absurdity of the situation, where officers accused of serious misconduct, including offenses against vulnerable individuals or women, cannot be dismissed. The ruling has raised concerns about the ability of the police to maintain trust and protect the public, particularly in light of recent scandals involving officers who have committed serious crimes.

The case has also drawn criticism from victims’ advocates, such as London’s Independent Victims’ Commissioner Claire Waxman, who fears the ruling could allow individuals accused of horrific crimes to remain in the police force. Waxman accused the Metropolitan Police Federation of failing to represent the interests of all its members, suggesting that the union’s support for Di Maria’s case has prioritized the rights of accused officers over the safety and trust of the public.

The Case of Sergeant Lino Di Maria

Sergeant Di Maria, who joined the Metropolitan Police in 2004, was first accused of rape in 2019, with a second allegation emerging in 2021. He was also accused of inappropriate behavior toward female colleagues. Despite these allegations, insufficient evidence was found to proceed with formal action, and he was cleared of the rape charges. However, his vetting clearance was revoked in September 2023, effectively ending his career. Di Maria’s case highlights the complexity of balancing the rights of accused officers with the need to maintain public trust and safety.

The High Court’s decision has left Di Maria in a state of limbo. Commissioner Sir Mark Rowley described the situation as a "ridiculous waste of money," stating that Di Maria will remain on "vetting special leave," a compromise that keeps him on the payroll but off active duty. The ruling has raised questions about how police forces can effectively address misconduct without resorting to dismissal, particularly in cases where allegations are unproven but raise serious concerns about an officer’s suitability for duty.

Operation Assure and the Struggle to Clean Up the Force

The Metropolitan Police launched Operation Assure in response to a series of high-profile scandals, including the murder of Sarah Everard by Wayne Couzens, a former police officer. The initiative aimed to review the conduct of officers accused of serious misconduct, particularly sexual violence, and remove those deemed unfit to serve. Under Operation Assure, several officers had their vetting clearance revoked and were dismissed, even in cases where allegations could not be proven in a court of law.

However, the High Court’s ruling has dealt a significant blow to Operation Assure, undermining the force’s efforts to clean up its ranks. The ruling suggests that revoking vetting clearance is not a valid means of dismissal, leaving the police without a clear mechanism to remove officers accused of serious misconduct. This has raised fears that the force will struggle to root out those who are unfit to serve, potentially putting the public at risk.

The Road Ahead: Calls for New Regulations

In response to the ruling, the Home Office has pledged to work "rapidly" on introducing new regulations that will allow police forces to dismiss officers who cannot maintain vetting clearance. A spokesperson emphasized the government’s commitment to strengthening the systems in place to address misconduct and ensure public safety. Mayor of London Sadiq Khan also weighed in, calling the ruling a setback for the Met’s efforts to raise standards and remove unfit officers.

While the government works on new rules, the Metropolitan Police and other forces are left in a challenging position. The High Court’s decision has exposed an "anomaly" in the current system, as noted by Mrs. Justice Lang, who called for legislative changes to address the issue. Until new regulations are in place, the police will have to navigate a system that is no longer "fit for purpose," leaving both officers and the public in a state of uncertainty.

The case of Sergeant Lino Di Maria and the High Court’s ruling have highlighted the complexities of policing misconduct and the delicate balance between protecting the public and upholding the rights of officers. As the Metropolitan Police and the government work to address these challenges, the ruling serves as a stark reminder of the need for a fair, transparent, and effective system to ensure that those who serve in the police are worthy of the public’s trust.