The Metropolitan Police cannot dismiss officers by removing their vetting clearance, the High Court has ruled, in a decision which has left policing in a “hopeless position” with no powers to sack rogue officers facing allegations of rape and domestic abuse.
The force defended a judicial review brought by a sergeant whose vetting was revoked following a series of unproven complaints about his conduct, including rape and sexual assault. He denies the allegations and has not been charged with, nor convicted of, any offence.
Sgt Lino Di Maria argued the decision to revoke his vetting – which will likely lead to his dismissal – is unlawful and challenged updated vetting procedures designed to root out rogue officers in a High Court hearing last month.
The force warned the consequences could be “disastrous” and render chiefs powerless to strip unsuitable officers of their warrant card. It could also force them to reinstate sacked officers and leave them liable for thousands in backpay in a worst-case scenario.
However in a judgment handed down on Tuesday, Mrs Justice Lang ruled the force cannot dismiss officers by removing their vetting clearance.
“The process deprives the officer of any meaningful opportunity to challenge a finding of gross incompetence,” she said.
Met Commissioner Sir Mark Rowley said the ruling has “left policing in a hopeless position” and the force is seeking leave to appeal, as he called for the government to urgently address gaps in the law.
“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.”
He called on the Government to take action to urgently change the rules around officers’ vetting.
“The judge has identified a clear gap in the law, one that we have done our best to bridge, but as the judge has said, the answer lies in strengthened police vetting regulations,” he said.
“So in repeating the same request for two-and-a-half years, one echoed by the Casey and Angiolini reviews, I am once again calling on Government today to introduce new regulations as a matter of extreme urgency.”
Officers such as Sgt Di Maria will remain on paid leave until changes are made in what Sir Mark called a “ridiculous waste of money”, as he assured Londoners that officers without vetting will not be allowed be policing streets.
Sir Mark also hit out at the Metropolitan Police Federation for the “perverse” decision to support Sgt di Maria’s challenge.
“Di Maria, who had allegations of rape, sexual assault and harassment against him, that they want to see someone like him stay in policing,” he added.
The Mayor of London Sadiq Khan said the judgment “has significant implications” but he wants “no let-up” in the Met’s efforts to rid the force of those unfit to serve.
“No-one who has failed vetting should continue to serve in the force and we will work closely with the commissioner, the Home Office and partners to assess the implications of this ruling,” he said.
The capital’s Victims’ Commissioner, Claire Waxman OBE, agreed the news is a “significant blow” to work rid the force of dangerous officers, adding: “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.”
Sgt Di Maria was accused of assaulting a woman, who he met at the gym, in a Tesco carpark on two dates in 2018. The court heard he insisted the encounters were consensual and a criminal probe resulted in no further action after the woman withdrew her support for the investigation.
Police also received reports alleging he touched a British Transport Police officer’s leg and exposed himself to her in 2015. Sgt Di Maria said it was consensual and the complainant later retracted the allegation.
Further reports were received alleging domestic abuse towards an ex-partner in 2022, inappropriate workplace behaviour in 2021 and sending inappropriate messages to a colleague in 2019.
Sgt Di Maria denies any wrongdoing, and independent police misconduct processes found the sergeant, who joined the force in 2004 and last passed his vetting in 2017, had “no case to answer” over the complaints.
However, he was referred for vetting review, after his case was flagged as part of Operation Onyx, a probe into domestic and sexual abuse allegations against Met staff launched in the wake of a series of scandals, including the rape and murder of Sarah Everard by serving Met officer Wayne Couzens.
Sgt Di Maria had his vetting removed in September 2023 and an appeal against this decision was refused. He launched the judicial review ahead of a “gross incompetence” hearing, which will likely result in his dismissal.
The sergeant challenged the “vetting dismissal” process he was subject to under Operation Assure, the Met’s program to root out rogue officers.
Kevin Baumber, counsel for Sgt Di Maria, argued it was a concern that an officer could go through a “detailed” conduct procedure, which concludes that “they need not be dismissed”, only to be fired following an “internal management decision anyway”.
He told the hearing last month that the officer was challenging the Met’s decision on a number of grounds, including his right to a fair trial under Article 6 of the European Convention on Human Rights.
John Beggs KC, leading the Met’s legal team, said the case raised the “fundamental issue” of whether a chief officer is entitled to sack officers who cannot clear the basic vetting procedures.
“Vetting is crucial to the integrity of the police service, to the confidence that a chief officer of police can have in their officers, and to public confidence in the police”, he said in written arguments submitted to the court.
The majority of those referred to Operation Assure were men identified in a ten-year review of historic allegations of sexual misconduct and domestic abuse made against officers.
Of 107 officers and staff who have had their vetting withdrawn under Op Assure, so far 19 people have been dismissed and 19 have resigned.
Those dismissed include an officer who received multiple rape and sexual assault allegations from different women from 2011-23, which could not be proved to a criminal or professional misconduct standard. After his vetting was revoked and he was dismissed, the force continued to investigate and he was later charged, although the officer has since died.
A No 10 spokesperson said: “It is imperative for public confidence and policing that higher standards are upheld. Government is acting swiftly to introduce new, strengthened rules that will help forces dismiss officers that cannot maintain vetting clearance.
“There are clear processes already in place for forces to deal with any officer found based found facing allegations of misconduct, it’s critical that they use these to remove personnel.”
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