Mayor-PCC merger is unlawful, court hears

West Midlands Mayor Andy Street last year asked the government to transfer the police and crime commissioner's powers to his office

Plans to transfer policing powers in the West Midlands to the region's mayor are unlawful and will reduce "democratic accountability", the High Court has been told.

Simon Foster, the Labour police and crime commissioner (PCC) for the area, is taking legal action against the government's move to scrap his role ahead of elections in May.

His powers are set to be merged with those of the West Midlands mayor - a role currently held by Conservative Andy Street.

The Home Office, defending against the challenge, said its decision was taken "with an open mind following a lawful consultation and with regard to relevant information".

'Cynical power grab'

Elected PCCs set their local police force's budget, decide what crimes it should prioritise, can fire and hire the chief constable, and aim to ensure they are accountable to communities.

Every force area in England and Wales is represented by a PCC except London, Manchester and West Yorkshire, where the mayor holds the responsibility instead.

PCC functions are also due to transfer to the South Yorkshire Mayor in May.

Mr Foster, who has previously branded the West Midlands plans as a "cynical power grab", says the decision should be quashed due to alleged failings in a public consultation.

At a hearing on Tuesday, his lawyers argued that the Home Office's consultation was "no more than a tick-box exercise" and ministers had a "closed mind" on the issue.

Six-week consultation

Mr Street wrote to the Home Secretary in November requesting the powers transfer - an option that became available under the Levelling Up and Regeneration Act passed last year.

Later that month, Home Secretary James Cleverly decided to proceed with transferring the PCC's powers for the May 2024 election.

But following a legal letter from Mr Foster, officials realised an "error" in the drafting of the law meant it imposed a consultation requirement, a judge was told.

This prompted a six-week consultation between December and January, after which Mr Cleverly again decided to back the transfer, a move that must be approved by Parliament.

Sarah Hannett KC, representing Mr Foster at the hearing in London, said in written arguments that the consultation gathered 7,103 responses, with 50% disagreeing with the proposed transfer and 46% agreeing.

She said the consultation was "wholly deficient" and "fails to seek any informed views as to the impact on the residents of the West Midlands".

Alan Payne KC, for the Home Office, said in written arguments that the resources put into the consultation showed it was "taken seriously".

The hearing concluded on Tuesday, with Mr Justice Swift due to issue his written judgment in the case next week.

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