The West Midlands Police and Crime Commissioner has won a High Court challenge to the Government’s plans to transfer his powers to the region’s mayor.
Labor politician Simon Foster has taken legal action against Home Office moves to abolish his role in time for local elections in May.
His powers over local police will be combined with those of the West Midlands mayor, currently held by Conservative Andy Street.
On Monday, a judge ruled in Mr Foster’s favor, concluding that the Home Office had not provided sufficient information when discussing the plans.
Mr Foster said the ruling meant an election for the PCC role would be held on May 2.
Foster called the plan a “hostile takeover” and a “cynical power grab” and said public consultation had failed.
At a hearing earlier this month, his lawyers argued that the Home Office’s consultations were “nothing more than a tick-box exercise” and that Home Secretary James Cleverley was “closed-minded” on the issue.
The Home Office told a London court that the decision to transfer him was made “following legal consultation and taking into account relevant information”.
In his 23-page judgment, Mr Justice Swift said: “The Home Secretary did not provide sufficient information during the consultation to enable a sensible and informed response.”
Mr Foster said: “I am concerned that the transfer of PCC powers to government representatives will lead to further cuts, chaos and increased crime.”
He said the Mayor and Home Secretary had “wasted everyone’s time and taxpayers’ money”, caused “immense chaos and confusion” for police and local officials in the West Midlands, and caused public anxiety. he claimed.
He added: “I am pleased that the Mayor’s cynical, divisive, unnecessary and undemocratic attempt at a hostile takeover of PCC powers has been thwarted. I believe we can all focus on the future, so that we can all work together to prevent, address and reduce crime.”
The judge said that information should have been provided to support the government’s actions, including the proposed impact on “economic, social and environmental welfare”, but that “what has been discussed falls well short of this standard”. ” he said.
Mr Swift said the claim that amalgamation of powers “could provide a wider range of tools and a more coordinated approach to crime prevention” was “completely unexplained”, adding that although it was mentioned, it was not provided. He said the process of finding missing documents is being carried out in court. Consultation should not become a “treasure hunt” for the person seeking advice.
Elected PCCs set local police budgets, decide which crimes to prioritize, can fire and hire chief constables, and aim to ensure they meet their responsibilities to the community. .
All force areas in England and Wales, with the exception of London, Manchester and West Yorkshire, are represented by PCCs, with Mayors responsible on their behalf. The functions of the PCC will also be transferred to the Mayor of South Yorkshire in May.
Mr Street wrote to the Home Secretary in November requesting the devolution of powers made available under the Leveling Up and Regeneration Act passed last year.
Later that month, Mr Cleverley decided to proceed with the devolution of the PCC ahead of elections in May 2024.
However, following a legal letter from Mr Foster, who was elected to the role in May 2021, the authority realized there were “errors” in the draft bill, which meant it would impose a duty to consult. Ta.
This led to six weeks of consultation in December and January, after which Mr Cleverley decided to back the transfer again, although the move will need parliamentary approval.
“I am satisfied that the response to the consultation was conscientiously considered,” Mr Swift said in his judgment.
He was not satisfied that the evidence in the case “should be construed as suggesting that the consultations that took place did not support a genuine re-decision” and that “it is “I don’t think it justifies the conclusions that we reach.” I have come to the conclusion that the Home Secretary has approached the talks with a closed mind, or indeed may have done so. ”
Mr Street said: “I am extremely disappointed with today’s judgment as I strongly believe that a change in governance is needed to tackle crime rates across the West Midlands.”
He added: “With crime doubling and West Midlands Police taking special measures, I am no longer prepared to sit idly by and will combine the PCC’s role with the Mayor’s role at the May election. “We followed the process set out by the Home Office,” he added.
“I have always believed that an integrated role is best for the West Midlands, as is the case for Manchester, London and West Yorkshire.”
A government spokesperson said: “We are disappointed with the outcome and will seek permission to appeal.”
“We strongly believe that consolidating public safety functions under a mayor with unified authority provides better scope to prevent crime. The success of this model is due to the fact that the mayor already It is already evident in Greater Manchester, West Yorkshire and London that they are responsible for the crimes.”
