The claimant was an inspector in the South Wales Constabulary. He held ‘white ticket’ status which meant that he was in a pool awaiting promotion to chief inspector and that in the ordinary course of events he would be promoted to chief inspector when a vacancy arose. However, an operational incident occurred as a result of which he was admonished by the Assistant Chief Constable on the recommendation of the Police Complaints Authority. The Chief Constable decided not to promote him and removed his ‘white ticket’. The claimant argued that this was in reality a disciplinary sanction and that natural justice required he should have had a fair hearing.
Held: Although the decision under challenge was one of a kind with which the courts should only in the most exceptional circumstance, if ever, interfere, judicial review was granted. Maurice Kay J said: ‘The problem for the Chief Constable was whether the claimant was up to the post of chief inspector. It was his job to man an efficient and competent police force and once he had reached a conclusion that the claimant was not suitable for promotion there was no purpose in leaving his name on the list of those with a ‘white ticket’.’
‘The decision not to promote cannot be categorised as a disciplinary matter.’
Judges:
Maurice Kay J
Citations:
[2001] HC Admin 7
Links:
Cited by:
Cited – Regina (Tucker) v Director General of the National Crime Squad CA 17-Jan-2003
The applicant was a senior officer seconded to the National Crime Squad. He complained that his secondment had been terminated in a manner which was unfair, and left him tainted without opportunity to reply. He appealed against rejection of his . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 23 May 2022; Ref: scu.135578