‘Absurd’ Met Police cannot sack officers not fit to hold vetting – commissioner
Sir Mark Rowley called on the Government to take action after a High Court ruling that the force cannot sack officers by removing their vetting.
Britain’s biggest police force is set to challenge a High Court ruling that it cannot sack officers by removing their vetting clearance.
Head of the Metropolitan Police Sir Mark Rowley said it is “absurd” that officers who are not fit to hold vetting cannot be lawfully sacked.
Sergeant Lino Di Maria successfully mounted a legal challenge, supported by the Metropolitan Police Federation, after having his vetting removed over sexual assault allegations, which he denies.
He was found to have no case to answer in respect of misconduct allegations, and argued that having his vetting removed without the accusations being proved is a breach of his right to a fair trial.
Sir Mark said: “Today’s ruling on the law has left policing in a hopeless position.
“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.
“It is absolutely absurd that we cannot lawfully sack them.
“This would not be the case in other sectors where staff have nothing like the powers comparable to police officers.”
He called on the Government to take action “as a matter of extreme urgency” to change the rules around officers’ vetting.
A Home Office spokesperson said the Government was “acting rapidly” to introduce new rules to help forces sack officers who could not hold vetting – an official system used to assess someone’s suitability to work for the police.
Officers such as Sgt Di Maria would remain on paid leave until the changes were made, Sir Mark told reporters outside New Scotland Yard.
“Regardless of the current legal framework, the public of London have my assurance, and that of my colleagues, that Di Maria and those like him will not be policing the streets or working alongside other officers,” he said.
“They will remain on vetting special leave – a ridiculous waste of money, but the least-bad option until regulations are repaired.”
He said the Metropolitan Police Federation were “perverse” for choosing Sgt Di Maria’s case to mount the legal challenge, because of the nature of the allegations against him, all of which he denies.
Sir Mark told reporters the judgment was focused on the human rights of Sgt Di Maria, but not of the public and officers who would have to work with colleagues who did not meet vetting standards.
Sgt Di Maria – who joined the force in 2004 – was accused of rape in 2019, with a second allegation made in 2021, with the incident said to have happened in 2015.
A complaint was also made in 2021 that the officer had been inappropriate towards female colleagues.
No criminal charges were brought due to insufficient evidence, and Sgt Di Maria was found to have no case to answer for misconduct.
Mayor of London Sadiq Khan was understood to be furious about the ruling, which he believed would make it harder to clean up the Met.
London’s Independent Victims’ Commissioner Claire Waxman said: “Today’s decision by the court is a significant blow to the hard work of the Metropolitan Police to root out dangerous officers and restore public trust and confidence, and the consequences should concern us all.
“I fear this decision could open the gates for those accused of horrific crimes to stay in the police force, and should be condemned.”
The Met began reviewing allegations against officers and staff in the wake of public outrage over Wayne Couzens and David Carrick, who committed violent sexual crimes while serving as Met officers.
The first, Operation Assure, looked at the vetting of officers and staff where concerns had been raised about their behaviour.
The second, Operation Onyx, looked at every completed sexual offence or domestic abuse case involving a police officer or staff member between April 2012 and April 2022, where the allegation did not lead to them being sacked.
There are currently 29 officers who have had their vetting removed who remain on paid leave, and 96 who have been sacked or resigned.
Around 100 are in the early stages of vetting reviews.
Matt Cane, general secretary of the Metropolitan Police Federation, said he had raised concerns about the legality of the Met’s vetting review, Operation Assure, in 2023, but was ignored.
“This Judicial Review was about ensuring a fair, but more importantly, legal process was in place,” he said. “The Metropolitan Police must recognise the law and – it goes without saying – operate within it.”
Mr Cane added: “I made it clear from the outset that where an individual is dismissed, unlawfully, this will not go unchallenged.”
He said that police officers should be treated within the law and have “the right to representation and a fair process”.
A National Police Chiefs’ Council spokesperson said: “Police officers and staff should always be held to the highest standards and we must ensure that only those who are suitable to wear the uniform enter, and remain in policing. We need clear routes for action to remove individuals who fall below those standards.
“We are working hard to build a culture where the public and colleagues feel empowered to report concerns and know that those concerns will be addressed and dealt with accordingly.
“We are disappointed by today’s ruling and are now working closely with the Metropolitan Police Service, the Home Office and the College Of Policing to understand its impact on the policing and the public, and what next steps need to be taken.”
