The police and crime commissioner (PCC) for the West Midlands has won a High Court challenge against Government plans to transfer his powers to the region’s mayor.
Simon Foster, a Labour politician, took legal action against the Home Office’s move to scrap his role in time for local elections in May.
His powers over the local police force are set to be merged with those of the West Midlands mayor – a role currently held by Conservative Andy Street.
On Monday, a judge ruled in Mr Foster’s favour, concluding the Home Office had not provided sufficient information when consulting over its plans.
Mr Foster, who previously branded the plans as a “hostile takeover” and “cynical power grab”, argued the powers transfer decision should be reversed and claimed there were failings in a public consultation.
At a hearing earlier this month, his 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”.
In his 23-page written ruling, Mr Justice Swift said: “The Home Secretary did not, when consulting, provide sufficient information to permit intelligent and informed response.”
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 make sure they are accountable to the communities they serve.
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.
