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Police chief in high court battle to block successor Police chief in high court battle to block successor
(about 7 hours later)
A chief constable is applying for a high court injunction to block his newly elected police and crime commissioner appointing a successor to him. A legal attempt by a chief constable to block the recruitment of his successor has been thrown out by the high court in London.
Colin Port, the chief constable of Avon and Somerset, refused to apply for his own job when the newly elected police commissioner, Sue Mountstevens, told him he would have to go through a "competitive" appointment process if he wanted to extend his tenure. The Avon and Somerset chief constable, Colin Port, claimed that his newly elected police and crime commissioner had "unlawfully induced" him to retire soon after taking office in November.
Port, whose one-year rolling contract expires on 26 January, wants six months' notice and to block the interview process for a new chief. But Mr Justice Edwards-Stuart dismissed his bid for a high court injunction on Tuesday although he did conclude that the commissioner had been responsible for the breakdown in their relationship.
The case is due for "mention" in the high court in London on Tuesday and a decision by the judge, Mr Justice Edwards-Stuart, could lead to the interviews for the shortlisted candidates pencilled in for later this week to be cancelled. "I am extremely sorry that Mr Port's outstanding career has ended in such an unsatisfactory way," said the judge after refusing permission for a full judicial review of the decision by commissioner, Sue Mountstevens.
Port refused to re-apply for his own job after Mountstevens told him he would have to go through a "competitive" appointment process if he wanted to extend his tenure.
Port, whose one-year rolling contract expires on 26 January, wanted the court to insist he be given six months' notice and to block the interview process for a new chief that was due to start this week.
The unprecedented legal action by a chief constable follows the election in November of the first police commissioners with the power to hire and fire chief constables.The unprecedented legal action by a chief constable follows the election in November of the first police commissioners with the power to hire and fire chief constables.
Mountstevens, an independent, has made clear she would prefer to have a chief constable who is in post during the whole of her four-year term as commissioner. Port, who has been Avon and Somerset's chief constable for eight years, is legally allowed to extend his contract by only 12 months at a time. Port said he had lost on a technicality: "This was never about me but wider policing."
His lawyer said during the short hearing that Port had felt humiliated by the commissioner when they met shortly after her election. She had "banged her hand on the table" and said "things would be different" and she had a "vision for a new way of working".
Mountstevens said she was delighted with the decision, adding: "We are going ahead with the process to recruit a chief constable and we are holding our interviews this week to appoint the best candidate for Avon and Somerset."
Mountstevens, an independent, had made clear she would prefer to have a chief constable who was in post during the whole of her three-and-half-year term as commissioner. Port, who has been Avon and Somerset's chief constable for eight years, is legally allowed to extend his contract by only 12 months at a time.
A statement issued by the commissioner's office said Mountstevens had been "surprised" by the legal move.A statement issued by the commissioner's office said Mountstevens had been "surprised" by the legal move.
"After publicly announcing on 22 November that he intended to retire at the end of his fixed-term appointment on 26 January 2013, we were surprised to receive a legal letter from chief constable, Colin Port, requesting six months' notice and an injunction blocking the interview process for a new chief. As legal proceedings are active there is nothing we can add at this time," it said. "After publicly announcing on 22 November that he intended to retire at the end of his fixed-term appointment on 26 January 2013, we were surprised to receive a legal letter from chief constable, Colin Port, requesting six months' notice and an injunction blocking the interview process for a new chief. As legal proceedings are active, there is nothing we can add at this time," it said.
The clash follows newly elected Conservative commissioners floating proposals to charge suspects detained in police custody for the costs of their food and accommodation and to set up a 200-strong "reserve police force". The clash comes after controversial proposals were floated this week by two Conservative police commissioners.
The idea of charging offenders held overnight in police cells was among a number of ideas floated by the Hertfordshire commissioner, David Lloyd. In a new year's message, he said he also wanted to explore suing offenders who injure officers who then have to take time off work, introducing offender-funded anger management courses for those convicted of violent behaviour and making speeding motorists pay the full cost of speed awareness courses. Hertfordshire commissioner, David Lloyd, suggested in a new year's message that suspects detained in police custody should be charged for the costs of their food and accommodation. He said he also wanted to explore suing offenders who injured officers who then had to take time off work, introduce offender-funded anger management courses for those convicted of violent behaviour and make speeding motorists pay the full cost of speed awareness courses.
The police minister, Damian Green, responded to the "offender pays" proposals by saying he welcomed new ideas and would look at them carefully. It is likely they would need legislation. The police minister, Damian Green, responded to the "offender pays" proposals by saying he welcomed new ideas and would look at them carefully. It is likely legislation would be needed to implement the plan.
In Northampton, the Tory police commissioner, Adam Simmonds, has added to his ideas of opening a so-called drugs eradication office by suggesting a 200-strong reserve police force be created. Unlike the existing "specials", they would be paid to work about 20 days a year. In Northampton, the Tory police commissioner, Adam Simmonds, has added to his ideas of opening a so-called drugs eradication office by suggesting the creation of a 200-strong reserve police force . Unlike the existing "specials", they would be paid to work about 20 days a year.
Simmonds said it would be the first such force in England and would be used to maintain police numbers.Simmonds said it would be the first such force in England and would be used to maintain police numbers.