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ARTICLE · 14 NOVEMBER 2023

Use Of Regulation 13 In Dispensing With Probationary Constables

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A Regulation 13 hearing ends in the dismissal of a probationary constable. The High Court dismissed Mr Barnes' judicial review application, challenging the Chief Constable's decision to dismiss Mr Barnes pursuant to Regulation 13.

United KingdomLitigation, Mediation & Arbitration
Chris Wilkinson
Chris Wilkinson

A Regulation 13 hearing ends in the dismissal of a probationary constable.

Nicholas Barnes v Chief Constable of Thames Valley Police [2023]

Executive summary

The High Court dismissed Mr Barnes' judicial review application, challenging the Chief Constable's decision to dismiss Mr Barnes pursuant to Regulation 13. The sole basis for the decision to discharge Mr Barnes was an incident of professional misconduct which had previously been the subject of misconduct proceedings in which there had, in effect, been a decision not to dismiss him.

Background

Mr Barnes was a probationary constable of Thames Valley Police. On 15 April 2020, Mr Barnes told a racist 'joke' to colleagues. Mr Barnes was subject to misconduct proceedings that resulted in a misconduct panel, chaired by an independent legally qualified chair, determining that Mr Barnes should receive a written warning. The misconduct proceedings found, among other matters, that:

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