High Court challenge to Boris Johnson's Patel bullying denial

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Priti Patel

Boris Johnson faces a High Court challenge next week over his decision that Home Secretary Priti Patel was not guilty of bullying staff.

The prime minister chose not to sack Ms Patel after a 2020 report on her behaviour towards Home Office workers.

But the FDA senior civil servants' union is set to argue in court that there was "clear evidence" of bullying by Ms Patel.

The Home Office declined to comment on the case.

The High Court will hold the a judicial review, external of the prime minister's decision on Wednesday and Thursday next week.

In November last year, an inquiry carried out by Mr Johnson's then head of standards, Sir Alex Allan, found, external that Ms Patel had "unintentionally" broken the ministerial code, governing standards in office.

Her approach to staff had "on occasions... amounted to behaviour that can be described as bullying in terms of the impact felt" by individuals, it added.

But the prime minister, who oversees the ministerial code, kept Ms Patel in post, saying she was not a "bully" and there had been "mitigating" circumstances behind her behaviour.

Sir Alex resigned following the decision.

Image source, FDA
Image caption,

Dave Penman said there was a risk of ministers "avoiding the consequences" of their behaviour

The FDA's case is seen to have wider constitutional implications, with the government arguing that the ministerial code - overseen by an elected politician - is and should remain separate from the courts.

The union's general secretary, Dave Penman, said: "Civil servants should expect to work with ministers without fear of being bullied or harassed.

"The prime minister... has a duty to ensure that civil servants can work with ministers without fear of being bullied or harassed."

Mr Penman added that, in agreeing with Ms Patel's "assertion that her actions were unintentional", could allow other ministers "to avoid the consequences of their behaviour in future by pleading that it should be the intent of their actions which is important, not the consequences".

The prime minister has previously said that he has full confidence in Ms Patel and that he considers the matter closed.

What is the ministerial code?

  • Government document setting out "expected standards" of behaviour in office, including "consideration and respect" for civil servants and other colleagues

  • Ministers are normally expected to resign if they are found to have broken the code

  • Ministers who have stepped down include Liam Fox, over taking a friend and lobbyist on official trips, and Mark Field, who grabbed a climate protester

  • The code has existed since the Second World War but was not made public until 1992