IPCC ordered to quash a report following a successful judicial review by the Chief Constable of West Yorkshire Police.
In R (Chief Constable of West Yorkshire) v IPCC  EWHC 2698 (Admin) the Chief Constable successfully argued that the IPCC’s report into a police officer’s use of force had gone beyond the permissible limits of such a document and that it purported to make findings as to the lawfulness of actions. The High Court held that the report had made impermissible findings, “using the language of determination rather than recommendation”. Whilst the IPCC has substantial leeway as to the conduct of an investigation and the content of a report, its permissible conclusions are carefully circumscribed and its role is purely investigative. The IPCC was granted permission to appeal, on the grounds that the claim was of significant public interest.
Matthew Holdcroft represented the Chief Constable of West Yorkshire. Matthew is an experienced police law practitioner and frequently appears in and advises on judicial review claims.