The Metropolitan Police’s effort to purge officers it deems unsuitable has been dealt a blow after the High Court ruled it cannot dismiss them by removing their vetting.
A judge found that Sergeant Lino Di Maria — who had been stripped of his credentials following sexual assault allegations — had been unfairly dismissed, in a test case that Scotland Yard said will affect its wider ability to remove potentially rogue officers.
Met Commissioner Sir Mark Rowley warned that Tuesday’s ruling left the force in an “absurd” position.
The Met had launched a vast vetting and review process of tens of thousands of staff after the abduction, rape and murder in 2021 of Sarah Everard by Wayne Couzens, then a serving officer.
In the High Court case, Di Maria argued that the removal of his vetting without the claims being proved undermined his right to a fair trial. No findings were ever made against him.
Ruling in his favour, Mrs Justice Lang said that an officer subject to the process “is deprived of any meaningful opportunity to challenge the allegation”.
Rowley said the Met would appeal against the decision. “We now have no mechanism to rid the Met of officers who were not fit to hold vetting — those who cannot be trusted to work with women, or those who cannot be trusted to enter the homes of vulnerable people,” he said. “It is absolutely absurd that we cannot lawfully sack them.”
The Metropolitan Police Federation, which supported Di Maria’s case, said that while a very small minority of officers should not be serving, those accused of wrongdoing have the right to a fair process.
London mayor Sadiq Khan said the ruling had “significant implications for the work the Met is now doing to clean up the force, raise standards and rid the police of all those unfit to serve”.
Claire Waxman, London’s independent victims’ commissioner, said the decision was a “significant blow to the hard work of the Metropolitan Police to root out dangerous officers”.
She added: “I fear this decision could open the gates for those accused of horrific crimes to stay in the police force.”