Crime commissioner wins case against mayoral merger

Simon Foster branded the merger plan as a "hostile takeover"

The West Midlands police and crime commissioner (PCC) has won a High Court challenge against government plans to merge the role with the region's mayor.

Labour PCC Simon Foster took legal action against the Home Office's move to end his role in time for local elections in May.

His powers over West Midlands Police had been set to be merged with those of mayor, a role currently held by Conservative Andy Street.

Ruling in favour of Mr Foster, the judge Mr Justice Swift said the Home Office had not provided sufficient information when consulting over its plans.

The government department said it was disappointed by the outcome and intended to seek permission to appeal.

'Cynical power grab'

Mr Foster had branded the plan as a "hostile takeover" and "cynical power grab".

After the ruling was made, he said he was "concerned that the transfer of PCC powers to a representative of the government would lead to more cuts, more chaos and more crime".

Announcing it would look to appeal the outcome of the High Court challenge, the Home Office said it firmly believed joining up public safety functions under a combined authority mayor offered a "better scope for preventing crime".

It said the success of the model was "already evident" in Greater Manchester, West Yorkshire and London where the mayors already had responsibility for policing and crime.

The West Midlands mayor said he was "incredibly disappointed" with the High Court's decision.

Mr Street added he had always believed the best way to tackle crime was to merge the roles "so we could work in absolute unison to address all of the issues that we face".

After being asked who the Conservatives would have on the PCC ballot, Mr Street said "the party, not me, will now decide what it wishes to do".

BBC political reporter for Birmingham Simon Gilbert said this had been a victory for Mr Foster, "but for how long?".

West Midlands mayor Andy Street had written to James Cleverly proposing the merger

In his 23-page written ruling, the judge said: "The home secretary did not, when consulting, provide sufficient information to permit an intelligent and informed response."

Mr Justice Swift said there should have been information to support the government's move, including over the proposed impact on "economic, social and environmental well-being", but what featured on this occasion, "falls well short of this mark".

The judge added a claim the consolidation of powers has the potential to offer "a more joined-up approach to preventing crime was left entirely unexplained".

Elected PCCs set local police budgets, decide what crimes it should prioritise with investigations, can appoint and sack the chief constable and also be accountable to communities.

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

In May, PCC functions are also due to transfer to the South Yorkshire mayor.

'Potential plot twist'

At a hearing this month, Mr Foster's lawyers argued the Home Office's consultation was "no more than a tick box exercise", with Home Secretary James Cleverly having a "closed mind" on the issue.

The Home Office told the court in London the transfer decision was taken "with an open mind, following a lawful consultation and with regard to relevant information".

Mr Gilbert said: "Today's judgment makes clear the High Court does not believe the correct process was followed to merge the police and mayor roles. What it doesn’t say is that the roles can never be merged."

The BBC political reporter said there would be an election for a West Midlands PCC on 2 May and "here's a potential plot twist" - there is nothing to prevent Mr Street from standing for his party in that election too.

"But, even if the PCC election goes ahead, how long will whoever wins be in post?," he asked.

Highlighting the mergers that have already taken place, the "direction of travel appears to be clear".

"Today’s ruling might just mean the journey takes a little longer," he added.