PCC wins legal battle against powers transfer
Chief criticises ‘divisive’ mayor as move to scrap role defeated
The home secretary did not, when consulting, provide sufficient information to permit intelligent and informed response.
THE Police and Crime Commissioner (PCC) for the West Midlands has won a High Court challenge against government plans to transfer his powers to the region’s mayor.
Simon Foster, a Labour politician, took legal action against the Home Office’s move to scrap his role in time for local elections in May.
His powers over the local police force were set to be merged with those of the West Midlands mayor – a role currently held by Conservative Andy Street.
But on Monday a judge has ruled in Mr Foster’s favour, concluding the Home Office had not provided sufficient information when consulting over its plans.
Mr Foster, who previously branded the plans as a “hostile takeover” and “cynical power grab”, argued the powers transfer decision should be reversed and claimed there were failings in a public consultation.
At a hearing earlier this month, his lawyers argued the Home Office’s consultation was “no more than a tick box exercise”, with home secretary James Cleverly having a “closed mind” on the issue.
The Home Office told the court in London the transfer decision was taken “with an open mind following a lawful consultation and with regard to relevant information”.
In his 23-page written ruling, Mr Justice Swift said: “The home secretary
did not, when consulting, provide sufficient information to permit intelligent and informed response.”
Elected PCCs set their local police force’s budget, decide what crimes it should prioritise, can fire and hire the chief constable and aim to make sure they are accountable to the communities they serve.
Every force area in England and Wales is represented by a PCC except London, Manchester and West Yorkshire, where the mayor holds the responsibility instead. PCC functions are also due to transfer to the South Yorkshire mayor in May.
Mr Foster said: “The High Court has determined that the home secretary acted unlawfully.
It has quashed their decision of February 6, 2024 to approve the takeover of Police and Crime Commissioner powers by the West Midlands mayor.
“I am pleased that the people of the West Midlands will now have the right to vote for a democratically elected and directly accountable Police and Crime Commissioner at the election on May 2, 2024, whose one and only top priority is preventing, tackling and reducing crime.
“I brought this claim for Judicial Review to fulfil my manifesto pledge to the people of the West Midlands, the commitment in my Police and Crime Plan and to defend democracy, the rule of law and the rights of the people I represent.”
Mr Foster was elected as PCC on a Labour Party ticket in 2021, with a majority of more than 40,000 over his Conservative rival. At the same time, Conservative Andy Street was re-elected to the mayoralty by a bigger margin, indicating voters perceived the two roles very differently.
Mr Foster added: “The home secretary and the mayor have wasted everyone’s time and tax payers’ money.
“In addition, they have been responsible for causing incalculable distraction and disruption, for West Midlands Police, the Office of the Police and Crime Commissioner, the Combined Authority and local election officials, not to mention the uncertainty it has created for the general public of the West Midlands.
“I am pleased that the mayor’s cynical, divisive, unnecessary and undemocratic, attempted hostile takeover of PCC powers has been defeated.”
Some 7,103 responses were received to two questions in the Home Office consultation, the first asking if the respondent agreed or disagreed to the transfer of the PCC’s functions to the mayor of the West Midlands.
Of the 6,820 responses, 46 per cent agreed, 50 per cent disagreed and four per cent were undecided.
The PCC then urged the West Midlands mayor and Home Office to “listen to the public”.
But the Home Office said some 927 of the responses were “duplicates” with “identical text in one of the open-question text boxes”, all of those against the role merger.
Mr Street said he was “very disappointed in (Monday’s) ruling, as I firmly believe that a change in governance is required to help tackle the rates of crime across the West Midlands.”
He added: “With crime having doubled and West Midlands Police in special measures, I was not prepared to stand by any more and so followed the process as set out by the Home Office to merge the PCC role with the mayoral role at May’s elections.
“I have always believed that a merged role – as is the case in Manchester, London and West Yorkshire – is best for the West Midlands.”