Rogue Metropolitan Police officers facing allegations of rape and domestic abuse who have their vetting revoked cannot be sacked, a High Court has ruled, leaving chiefs powerless to root out bad apples.
Sir Mark Rowley warned the force has been left in a “hopeless position” and will be lodging an appeal after an officer subject to multiple unproven allegations including rape, which he denies, won a legal challenge over the decision to remove his vetting.
It means the force cannot sack the officer, who will be placed on paid leave, as the commissioner called for the government to urgently address gaps in the law blocking efforts to drive up standards in the wake of a series of scandals, including the rape and murder of Sarah Everard by serving officer Wayne Couzens.
“We now have no mechanism to rid the Met of officers who were not fit to hold vetting – those who cannot be trusted to work with women, or those who cannot be trusted to enter the homes of vulnerable people,” he said.
“It is absolutely absurd that we cannot lawfully sack them.”
Sgt Lino Di Maria’s vetting was revoked following a series of unproven complaints about his conduct, including rape and sexual assault. He denies the allegations and has not been charged with, nor convicted of, any offence.
He argued the decision to revoke his vetting – which would almost certainly lead to his dismissal – was unlawful and challenged the “vetting dismissal” process he was subject to under Operation Assure, the Met’s programme to root out rogue officers, in a judicial review at the High Court last month.
After the hearing, the force warned the consequences could be “disastrous” and render chiefs powerless to strip unsuitable officers of their warrant cards. It could also force the Met to reinstate sacked officers and leave it liable for thousands in backpay in a worst-case scenario, it said.
However, in a judgment handed down on Tuesday, Ms Justice Lang ruled the force faces an “anomalous situation” in which it cannot lawfully dismiss officers by removing their vetting clearance.
“The process deprives the officer of any meaningful opportunity to challenge a finding of gross incompetence,” she said.
Sir Mark called on the government to take action to urgently change the rules around officers’ vetting.
“The judge has identified a clear gap in the law, one that we have done our best to bridge, but as the judge has said, the answer lies in strengthened police vetting regulations,” he said.
“So in repeating the same request for two and a half years, one echoed by the Casey and Angiolini reviews, I am once again calling on government today to introduce new regulations as a matter of extreme urgency.“
A total of 29 officers stripped of their vetting, including Sgt Di Maria, will remain on paid leave until changes are made in what Sir Mark called a “ridiculous waste of money”.
Sir Mark also hit out at the Metropolitan Police Federation for the “perverse” decision to support Sgt Di Maria’s challenge.
“Di Maria, who had allegations of rape, sexual assault and harassment against him, that they want to see someone like him stay in policing...” he said with clear frustration.
Mayor of London Sadiq Khan said the judgment “has significant implications” but he wants “no let-up” in the Met’s efforts to rid the force of those unfit to serve.
“No one who has failed vetting should continue to serve in the force and we will work closely with the commissioner, the Home Office and partners to assess the implications of this ruling,” he said.
The capital’s victims’ commissioner, Claire Waxman, agreed the news is a “significant blow” to work rid the force of dangerous officers, adding: “The consequences should concern us all.
“I fear this decision could open the gates for those accused of horrific crimes to stay in the police force and should be condemned.”
Sgt Di Maria was accused of assaulting a woman, whom he met at the gym, in a Tesco carpark on two dates in 2018. The court heard he insisted the encounters were consensual and a criminal probe resulted in no further action after the woman withdrew her support for the investigation.
Police also received reports alleging he touched a British Transport Police officer’s leg and exposed himself to her in 2015. Sgt Di Maria said it was consensual and the complainant later retracted the allegation.
Further reports were received alleging domestic abuse towards an ex-partner in 2022, inappropriate workplace behaviour in 2021, and sending inappropriate messages to a colleague in 2019.
Independent police misconduct processes found that Sgt Di Maria, who joined the force in 2004 and last passed his vetting in 2017, had “no case to answer” over the complaints, which he denies.
However, he was referred for vetting review after his case was flagged as part of Operation Onyx, a probe into domestic and sexual abuse allegations against Met staff launched in the wake of recent scandals involving rogue officers.
Sgt Di Maria had his vetting removed in September 2023 and an appeal against this decision was refused.
Kevin Baumber, counsel for Sgt Di Maria, argued it was a concern that an officer could go through a “detailed” conduct procedure, which concludes that “they need not be dismissed”, only to be fired following an “internal management decision anyway”.
He told the hearing last month that the officer was challenging the Met’s decision on a number of grounds, including his right to a fair trial under Article 6 of the European Convention on Human Rights.
John Beggs KC, leading the Met’s legal team, said the case raised the “fundamental issue” of whether a chief officer is entitled to sack officers who cannot clear the basic vetting procedures.
“Vetting is crucial to the integrity of the police service, to the confidence that a chief officer of police can have in their officers, and to public confidence in the police”, he said in written arguments submitted to the court.
The majority of those referred to Operation Assure were men identified in a 10-year review of historic allegations of sexual misconduct and domestic abuse made against officers.
Of 107 officers and staff who have had their vetting withdrawn under Op Assure, 19 have been dismissed and 19 have resigned.
Those dismissed include an officer who received multiple rape and sexual assault allegations from different women from 2011-23, which could not be proved to a criminal or professional misconduct standard. After his vetting was revoked and he was dismissed, the force continued to investigate and he was later charged, although the officer has since died.
Matt Cane, general secretary of the Metropolitan Police Federation, said he had raised concerns about the legality of Operation Assure in 2023 but was ignored.
“This judicial review was about ensuring a fair but, more importantly, legal process was in place,” he said. “The Metropolitan Police must recognise the law and – it goes without saying – operate within it.”
He said that police officers should be treated within the law and have “the right to representation and a fair process”.
A No 10 spokesperson said: “It is imperative for public confidence and policing that higher standards are upheld. Government is acting swiftly to introduce new, strengthened rules that will help forces dismiss officers that cannot maintain vetting clearance.
“There are clear processes already in place for forces to deal with any officer facing allegations of misconduct. It’s critical that they use these to remove personnel.”
