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| Court overturns 'irrational' decision to suspend Lincolnshire chief constable | Court overturns 'irrational' decision to suspend Lincolnshire chief constable |
| (12 days later) | |
| A chief constable is to return to work after a court overturned the "perverse and irrational" decision by his police and crime commissioner to suspend him. | A chief constable is to return to work after a court overturned the "perverse and irrational" decision by his police and crime commissioner to suspend him. |
| Neil Rhodes, temporary chief constable of the Lincolnshire force, took his police and crime commissioner, Alan Hardwick, to court after being sent home from duty last month with no explanation. He was suspended while acting as a friend – a quasi-legal position – for an Asian staff lawyer who was fighting redundancy from another force. | Neil Rhodes, temporary chief constable of the Lincolnshire force, took his police and crime commissioner, Alan Hardwick, to court after being sent home from duty last month with no explanation. He was suspended while acting as a friend – a quasi-legal position – for an Asian staff lawyer who was fighting redundancy from another force. |
| In his role representing the lawyer, Rhodes called the chief executive of West Yorkshire police authority, Fraser Sampson, in an attempt to broker a settlement. But Sampson wrote to Hardwick two months later, suggesting that the chief constable was "playing the race card" by suggesting a racial discrimination claim could cause the West Yorkshire force reputational damage. The letter led to Rhodes' suspension by Hardwick. | In his role representing the lawyer, Rhodes called the chief executive of West Yorkshire police authority, Fraser Sampson, in an attempt to broker a settlement. But Sampson wrote to Hardwick two months later, suggesting that the chief constable was "playing the race card" by suggesting a racial discrimination claim could cause the West Yorkshire force reputational damage. The letter led to Rhodes' suspension by Hardwick. |
| Rhodes, who was not immediately told why he had been suspended, rejected suggestions he was trying to lever a better payout, and took a legal challenge against Hardwick, a former TV journalist who was elected last November as the county's PCC. | Rhodes, who was not immediately told why he had been suspended, rejected suggestions he was trying to lever a better payout, and took a legal challenge against Hardwick, a former TV journalist who was elected last November as the county's PCC. |
| Appearing outside court, Rhodes said: "I will return to work now and continue to serve the Lincolnshire police with the personal and professional integrity that I believe I have displayed over the past 27 years. | Appearing outside court, Rhodes said: "I will return to work now and continue to serve the Lincolnshire police with the personal and professional integrity that I believe I have displayed over the past 27 years. |
| "The last few weeks have taken a very heavy toll on me and particularly on my family. The judgement today has demonstrated this was entirely unnecessary as the PCC's concerns should have been resolved professionally and with proper investigation. | "The last few weeks have taken a very heavy toll on me and particularly on my family. The judgement today has demonstrated this was entirely unnecessary as the PCC's concerns should have been resolved professionally and with proper investigation. |
| "I endeavoured to resolve this and had hoped common sense would prevail. I maintained a dignified silence in the media throughout. Court was absolutely my final recourse." | "I endeavoured to resolve this and had hoped common sense would prevail. I maintained a dignified silence in the media throughout. Court was absolutely my final recourse." |
| He added that he now looked forward to a "mature and constructive discussion" with the commissioner about their future working relationship. | He added that he now looked forward to a "mature and constructive discussion" with the commissioner about their future working relationship. |
| The high court in Manchester said on Thursday that the ruling on his suspension was made on the legality of the decision. It did not prejudge the outcome of an investigation by another force into concerns raised in the letter by Sampson. | The high court in Manchester said on Thursday that the ruling on his suspension was made on the legality of the decision. It did not prejudge the outcome of an investigation by another force into concerns raised in the letter by Sampson. |
| Hardwick, an independent PCC, said he had made the decision to suspend his chief constable after taking legal advice and talking to his executive. "I am not an autocrat," he said. | Hardwick, an independent PCC, said he had made the decision to suspend his chief constable after taking legal advice and talking to his executive. "I am not an autocrat," he said. |
| He warned that the judgement would mean PCCs would be "looking over their shoulders" whenever they made decisions in future. | He warned that the judgement would mean PCCs would be "looking over their shoulders" whenever they made decisions in future. |
| "My concern is on a much wider issue. My fear is that in future any PCC who makes any decision which is going to be interpreted as in any way controversial is going to be looking over his or her shoulder. | "My concern is on a much wider issue. My fear is that in future any PCC who makes any decision which is going to be interpreted as in any way controversial is going to be looking over his or her shoulder. |
| "I am an elected representative, elected by the people, I made a decision and that decision has been overturned by a judge. People can properly ask themselves what is the use of a PCC if decisions made by them are going to be overturned by judges or taken to court." | "I am an elected representative, elected by the people, I made a decision and that decision has been overturned by a judge. People can properly ask themselves what is the use of a PCC if decisions made by them are going to be overturned by judges or taken to court." |
| Asked if he made fundamental errors, Hardwick said: "I accept the court's decision." | Asked if he made fundamental errors, Hardwick said: "I accept the court's decision." |
| The costs of the court case – estimated to be £50,000 – will be paid by the office of police and crime commissioner. | The costs of the court case – estimated to be £50,000 – will be paid by the office of police and crime commissioner. |
| In two-hour judgement on the case on Thursday, Mr Justice Stuart-Smith concluded: "I am convinced that the decision taken by Mr Hardwick to suspend Mr Rhodes can only be described as irrational and perverse." He ruled Hardwick had treated Sampson's interpretation of what was said as the only possible interpretation, which it was not. | In two-hour judgement on the case on Thursday, Mr Justice Stuart-Smith concluded: "I am convinced that the decision taken by Mr Hardwick to suspend Mr Rhodes can only be described as irrational and perverse." He ruled Hardwick had treated Sampson's interpretation of what was said as the only possible interpretation, which it was not. |
| The PCC had also failed to take into account Rhodes' character and standing – the officer has a 27-year unblemished record. | The PCC had also failed to take into account Rhodes' character and standing – the officer has a 27-year unblemished record. |
| The court heard earlier that Rhodes had a half hour telephone conversation with Sampson in a bid to broker a settlement with the lawyer he was representing to "avoid a bloody day in court". | The court heard earlier that Rhodes had a half hour telephone conversation with Sampson in a bid to broker a settlement with the lawyer he was representing to "avoid a bloody day in court". |
| The chief officer's suspension centred on Sampson's record of that telephone call in a letter to the Lincolnshire force's PCC two months later and the commissioner's interpretation of what was said. | The chief officer's suspension centred on Sampson's record of that telephone call in a letter to the Lincolnshire force's PCC two months later and the commissioner's interpretation of what was said. |
| John Beggs QC, representing Rhodes, said: "You don't suspend officers unless there is an anticipation that, if proven, he will be dismissed. | John Beggs QC, representing Rhodes, said: "You don't suspend officers unless there is an anticipation that, if proven, he will be dismissed. |
| "If every time a complaint is made against a chief officer the action is to suspend, we would be very quickly depopulated at chief officer level. | "If every time a complaint is made against a chief officer the action is to suspend, we would be very quickly depopulated at chief officer level. |
| "On this occasion, the commissioner over-reacted, perhaps not having either the experience or advice he could have done with to appreciate that suspension is the last resort … a near-nuclear option." | "On this occasion, the commissioner over-reacted, perhaps not having either the experience or advice he could have done with to appreciate that suspension is the last resort … a near-nuclear option." |
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