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 request for judicial review.
Held: The appeal failed. Operational matters within the police service, save disciplinary matters were exempt from judicial review. The squad was a creation of statute, and it is a public body, but that was not enough to make what was a managerial decision, of sufficient public law concern to allow a judicial review. He had not been disciplined, and the appointment was one which would come to an end anyway. ‘The Deputy Director General in sending the Appellant back to his force was not performing a public duty owed to him. The decision taken in relation to the Appellant was specific to him. Other officers were dealt with differently. Some were arrested; some were sent back to be disciplined; one was retained with different duties. But the Appellant was simply sent back. It was a decision tailor-made to him. It was taken because of perceived deficiencies in his skills and conduct as an NCS officer. It was an operational decision taken because it was decided that he fell short of the particular requirements that were necessary to work in the NCS. It had nothing to do with his private life and I reject Mr Westgate’s contention that Article 8 of the ECHR was engaged. ‘
Judges:
Aldous, Scott Baker LJJ, Sir Philip Otton
Citations:
Times 27-Jan-2003, Gazette 13-Mar-2003, [2003] EWCA Civ 57, [2003] ICR 599, [2003] IRLR 439, [2003] Po LR 9, [2003] ACD 37
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Tucker, Regina (On the Application of) v National Crime Squad Admn 12-Apr-2002
The claimant sought judicial review of a decision to terminate his secondment to the National Crime Squad. It was said that there had been concerns about his management skills after in investigation into drug related offences by co-officers. The . .
Cited – Regina v British Broadcasting Corporation ex parte Lavelle 1983
Prerogative remedies are only available to impugn a decision of a tribunal which is performing a public duty. Judicial review is not applicable in a strict master and servant relationship based on private contract of employment as there is no . .
Cited – Regina v Derbyshire County Council ex parte Noble 1990
Woolf LJ said: ‘Unfortunately in my view there is no universal test which will be applicable to all circumstances which will indicate clearly and beyond peradventure as to when judicial review is or is not available. It is a situation where the . .
Cited – Malloch v Aberdeen Corporation HL 1971
A common law action for wrongful dismissal can at most yield compensation measured by reference to the salary that should have been paid during the contractual period of notice. Lord Reid said: ‘At common law a master is not bound to hear his . .
Cited – Regina v East Berkshire Health Authority, ex Parte Walsh CA 14-May-1984
A district nursing officer had been dismissed for misconduct. He applied for judicial review. He sought judicial review to quash the decision on the ground that there had been a breach of natural justice and that the district nursing officer had no . .
Cited – Regina v Take-over Panel, ex parte Datafin PLC CA 1986
Amenability to judicial review
The issue of amenability to judicial review often requires an examination of the nature of the power under challenge as well as its source: ‘In all the reports it is possible to find enumerations of factors giving rise to the jurisdiction [of . .
Cited – Leech v Governor of Parkhurst Prison HL 1988
The House was asked whether a disciplinary decision by a governor was amenable to judicial review.
Held: The functions of a governor adjudicating upon disciplinary charges are separate and distinct from his functions in running the prison; . .
Cited – Hopley, Regina (on the Application of) v Liverpool Health Authority and others Admn 30-Jul-2002
The respondent Health Authority had refused to consent to payment to the claimant of damages for personal injury by periodical payments under a with profits structured settlement made under Section 2 of the 1996 Act.
Held: The decision was not . .
Cited – Regina v Crown Prosecution Service Ex Parte Hogg CA 14-Apr-1994
A Crown Prosecution Service prosecutor’s dismissal was not reviewable, his contract was not underpinned by statute. However, even in employment cases the possibility of judicial review cannot always be ruled out. . .
Cited – Regina v Home Secretary, ex parte Hosenball CA 1977
A United States’ citizen was subject to a deportation decision which was held not amenable to judicial review on the ground of national security. He appealed.
Held: Neither a failure to lay rules before Parliament within the allotted time, nor . .
Cited – Regina v Secretary of State for the Home Department ex parte Doody and Others HL 25-Jun-1993
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, . .
Cited – O’Leary v The Chief Constable Of The Merseyside Police Admn 9-Feb-2001
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 . .
Lists of cited by and citing cases may be incomplete.
Police, Judicial Review
Updated: 06 June 2022; Ref: scu.178705