Winsor Commission ~ Cressida Dick ~ Due process is important

Cressida Dick resigned as Metropolitan Police Commissioner on 10 February 2022. A previous post looked at the resignation - Law and Lawyers: Commissioner of Police of the Metropolis (obiterj.blogspot.com). 

On 8 July, Sir Mark Rowley was appointed as Commissioner - Sir Mark Rowley announced as Commissioner of the Metropolitan Police - GOV.UK (www.gov.uk)

By a special commission from the Secretary of State for the Home Department (“the Home Secretary”) of 25 March 2022, Sir Tom Winsor was appointed to review the circumstances and implications of the stepping aside of the Commissioner of Police of the Metropolis. 

The Home Secretary set terms of reference - 

Establish and assess the full facts, timeline of events and circumstances which resulted in the stepping aside of Dame Cressida Dick as Commissioner of Police of the Metropolis; 

Establish and assess

whether due process was followed under the Police Reform and Social Responsibility Act 2011 and other relevant rules of law and applicable conventions, having regard to their terms, purpose and spirit.

On 24 August 2022 the Winsor Commission reported - Winsor Commission - Report (publishing.service.gov.uk)

The report notes at para 164 - "I am required to provide an assessment of what happened and to say whether due process was followed in this case. In my view, it was not." Later, at para 181 - "none of the statutory steps set out in section 48 of the Police Reform and Social Responsibility Act 2011 ... were followed."

The report sets out a number of options for change - para 380 - but the report does not come out in favour of one specific option.

What, if anything, will be done is now in the hands of Priti Patel (the current Home Secretary who commissioned the report) or whoever becomes the next Home Secretary.

Metropolitan Police must learn from appalling mistakes - Patel - BBC News

A reminder - due process is important:

This report is a reminder of the Sharon Shoesmith case which reached the Court of Appeal - [2011] EWCA Civ 642.  Shoesmith was Director of Children's Services at Haringey at the time of "Baby P's" death at the hands of his mother and her partner. She applied for judicial review against OFSTED, the Secretary of State (Mr Ed Balls MP) and Haringey. The Court of Appeal found in her favour.

Maurice Kay LJ said - "Whatever her shortcomings may have been (and, I repeat, I cannot say), she was entitled to be treated lawfully and fairly and not simply and summarily scapegoated."

Shoesmith eventually received a considerable sum by way of compensation - Law and Lawyers: Sharon Shoesmith - Reported compensation (obiterj.blogspot.com)

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