Elliot Gold persuades High Court that Police and Crime Commissioners have no power to appoint temporary chief constables
2nd December 2025
In R (Chief Police Officers’ Staff Association) v Police, Fire and Rescue and Crime Commissioner for Staffordshire [2025] EWHC 3047 (Admin), Elliot Gold appeared successfully for the Chief Police Officers’ Staff Association (CPOSA) in persuading the High Court that a Police and Crime Commissioner (PCC) has no power to appoint a temporary chief constable.
The judgment has a significant impact on the future appointment of chief constables. In summary:
– A PCC has no power to appoint a temporary chief constable;
– A PCC may only appoint a chief constable after following the full statutory process at Police and Reform Social Responsibility Act 2011 s.38 and sch. 8;
– The Police Reform and Social Responsibility Act 2011 contains no alternative or implied process for appointment;
– When a chief constable is absent due to suspension or incapacity, a Deputy Chief Constable or designated Assistant Chief Constable becomes the acting chief constable without any act or decision of the PCC, pursuant to Police Reform and Social Responsibility Act 2011 s.41.
This does not affect the power of a PCC to require a suspended Chief Constable to resign or retire by following the separate statutory procedure at Police Reform and Social Responsibility Act 2011 s.38 and sch. 8. The court acknowledged, on the basis of a submission made by Elliot, that existing temporary chief constables might be regarded as de facto office holders but that any future appointments would be unlawful.
Elliot practises in all areas of police law, including police pay, pensions, powers, policy and misconduct. He is a contributing author to the annual Blackstone’s Police Manual.
Dijen Basu KC acted for the Interested Party Deputy Chief Constable Riggs.
John Beggs KC and Aaron Rathmell acted for the Defendant – the Police Fire & Rescue and Crime Commissioner for Staffordshire.
The judgment is here.
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