Court of Appeal upholds successful challenge to the SSHD’s decision to abolish the PCC for the West Midlands


Photo by Mahosadha Ong on Unsplash

James Stansfeld and Emma Foubister represented the Police and Crime Commissioner for the West Midlands (‘the PCC’) in successfully defending an appeal by the Home Secretary against the decision of Swift J handed down on Monday. In that decision, Swift J granted the PCC’s judicial review of the decision of 6 February 2024 to abolish the role of the PCC and transfer his powers to the Mayor of the West Midlands.

Following an expedited rolled up hearing today, Davies LJ, Dingemans LJ and Lewis LJ refused the Home Secretary’s application for permission to appeal. They upheld the judgment below, which concluded that the six week public consultation, which was a statutory pre-condition to the decision, was unlawful because it had failed to contain sufficient information to permit an intelligent and informed response.

The consequence of this expedited appeal is that there will now be an election for the PCC in the local elections on 2 May 2024.

James Stansfeld and Emma Foubister were instructed by Adam Chapman and Natalie Cohen of Kingsley Napley LLP.