Having succeeded in her claim as to the lawfulness of the decision of the defendant to end her appointment as a probationary constable, the claimant now sought an order mandating her continued employment by the defendant. She had been acquitted of theft, the prosecution offering no evidence at trial, and no misconduct proceedings had been begun. It had already been found that the decision was unlawful in having not given the claimant opportunity to make representations.
Held: An order for reinstatement was made. The practical problems were real but surmountable. All evidence save that of the chief constable was positive for the claimant. Reinstatement would put right a serious wrong.
Judges:
Behrens J
Citations:
[2010] EWHC 31 (Admin)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Chief Constable of West Midlands Ex Parte Carroll CA 10-May-1994
A Chief Constable was wrong to dispense with a probationer’s services without giving him a chance to reply. . .
Cited – Khan, Regina (on the Application of) v Chief Constable of Lancashire Admn 30-Jan-2009
. .
Cited – Begley, Regina (on the Application of) v West Midlands Police CA 18-Oct-2001
. .
Cited – Regina v Chief Constable of British Transport Police ex parte William Farmer CA 30-Jul-1999
The probationer constable had assisted another probationer to cheat at his examinations. He appealed his dismissal. . .
See Also – Kay, Regina (On the Application of) v Chief Constable Of Northumbria Police Admn 23-Jul-2009
. .
Cited – Chief Constable of the North Wales Police v Evans HL 1982
The Court found the probationer police constable to have been unlawfully induced to resign, but the court could not order his reinstatement. A power must be exercised by the precise person or body stated in the statute. Though courts may review the . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 13 August 2022; Ref: scu.392989