Police officers cannot be dismissed by having their vetting removed: Di Maria -v- Commissioner of Police of Metropolis and others [2025] EWHC 275

In the wake of Sarah Everard’s murder by Wayne Couzens, a serving officer of the Metropolitan Police (“the Met Police”), the Met Police came under significant scrutiny for missing opportunities to stop him.

An independent inquiry began looking into the omissions of the Met Police and recommended that by June 2024, the College of Policing, in collaboration with force vetting units, should take further steps to prevent those unsuitable for policing from joining the policing profession which would include developing the Vetting Code of Practice. This included also reviewing vetting clearance for existing officers.

Di Maria -v- Commissioner of Police of Metropolis and others [2025] EWHC 275

Background

Sergeant Di Maria joined the Met Police in 2004 and was promoted to Sergeant (“Sgt”) in July 2022. Until the removal of his vetting clearance, he managed a team in Forensic Services.

In 2019, two complaints of sexual assaults and rape were made against Sgt Di Maria. A further complaint of rape was made against him in June 2021 and between October and November 2021 a number of his female colleagues raised concerns about his inappropriate manner with female members of staff.

In August 2022, Sgt Di Maria’s ex-partner made further accusations of domestic abuse.

Sgt Di Maria was not charged by the Crown Prosecution Service for any of the allegations made against him and on each occasion an independent investigator decided that he did not have a misconduct case to answer.

However, on 21 March 2023, Sgt Di Maria was notified that his management vetting clearance was being reviewed in light of him being “subject to a number of allegations of inappropriate/sexual behaviour.”

Following a vetting interview, in September 2023 he was informed that his vetting clearance had been withdrawn.

On 1 March 2024, the Met Police determined that as Sgt Di Maria no longer had any vetting clearance, he was unable to perform the duties of his role as an officer and should be referred for a gross incompetence hearing which could lead to his dismissal.

High Court Judgment

Sgt Di Maria sought judicial review of the Met Police’s decision to withdraw his vetting clearances to then refer him for gross incompetence under regulation 32 of the Performance Regulations.

Among other grounds, he argued that withdrawal of vetting was not a lawful basis for dismissal.

Allowing Sgt Di Maria’s claim for judicial review to proceed, Mrs Justice Lang commented that the Met Police’s powers do not extend to the dismissal of a police officer by reason of withdrawal of vetting clearance. She further stated that it was clear the procedure under regulation 32 had been adopted as a mechanism to overcome the absence of any lawful statutory procedure for a vetting dismissal and she did not consider that it was currently fit for purpose. She said that statutory misconduct procedures “should not be circumvented, directly or indirectly, by the use of more informal internal vetting procedures” (paragraph 164). She further commented that the process was unlawful, The officer is deprived of any meaningful opportunity to challenge the allegation of gross incompetence. The panel is not able to assess or determine the allegation of gross incompetence, in a fair disciplinary hearing which complies with Article 6. The withdrawal of the minimum level of clearance is a fait accompli which the panel is not permitted to re-open, and therefore the findings of gross incompetence and the outcome of dismissal are inevitable” [paragraph 186].

In allowing the claim, Mrs Justice Lang quashed the Met’s decision to withdraw his vetting.

Rahman Lowe Solicitors are currently acting for an officer whose employment was terminated in similar circumstances where he was not offered a meaningful opportunity to clear his name and the dismissal panel simply accepted the outcome of the vetting panel. The matter is ongoing.

For further information or to discuss a potential employment law or discrimination claim, please contact our specialist employment solicitors on 0207 3950 5234 or info@rllaw.co.uk. We are ranked as a ‘Leading Firm’ in the Legal 500 and Chambers and Partners independent guides to the UK Legal Profession.

28 February 2025