Glenn Skelton, R (on the application of) v Director-General of the Independent Office for Police Conduct
| Court | King's Bench Division (Administrative Court) |
| Judge | Mrs Justice Hill |
| Neutral Citation | [2024] EWHC 983 (Admin) |
| Date | 26 April 2024 |
| Year | 2024 |
| Counsel | Tim Moloney Kc,Angela Patrick,Anne Studd Kc,Alex Ustych,Sam Green Kc,Jason Beer Kc |
Judgment Approved by the court for handing down. R (Skelton) v IOPC and others
Neutral Citation Number: [2024] EWHC 983 (Admin)
Case No: AC-2023-LDS-000049
CO/456/2023
IN THE HIGH COURT OF JUSTICE
KING’S BENCH DIVISION
ADMINISTRATIVE COURT
SITTING IN LEEDS
Leeds Combined Court Centre
The Courthouse, 1 Oxford Row, Leeds
West Yorkshire
LS1 3BG
Date: 26/04/2024
Before:
MRS JUSTICE HILL DBE
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Between:
The King
on the application of
GLENN SKELTON
Claimant
- and –
DIRECTOR-GENERAL OF THE INDEPENDENT
OFFICE FOR POLICE CONDUCT
- and -
(1) OFFICER B50
(2) THE CHIEF CONSTABLE OF
HUMBERSIDE POLICE
Defendant
Interested
Parties
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- - - - - - - - - - - - - - - - - - - - -
Judgment Approved by the court for handing down. R (Skelton) v IOPC and others
Tim Moloney KC and Angela Patrick (instructed by Hudgell Solicitors) for the Claimant
Anne Studd KC and Alex Ustych (instructed by the Independent Office for Police Conduct)
for the Defendant
Sam Green KC (instructed by Gorvins LLP) for First Interested Party
Jason Beer KC (instructed by South Humberside Police Legal Services) for the Second
Interested Party
Hearing dates: 26 and 27 February 2024
Further written submissions: 5, 12, 20 and 27 March 2024
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Approved Judgment
This judgment was handed down remotely at 2pm on 26 April 2024 by circulation to the
parties or their representatives by e-mail and by release to the National Archives.
.............................
MRS JUSTICE HILL
Mrs Justice Hill:
1: Introduction
1. On 29 November 2016 Lewis Skelton was shot twice by an Authorised Firearms
Officer (“AFO”) serving with Humberside Police, referred to during the inquest and
later proceedings as “B50”. Mr Skelton died as a result of his injuries.
2. Humberside Police referred the circumstances of Mr Skelton’s death to the
Independent Police Complaints Commission (“the IPCC”), as a “death or serious
injury” (“DSI”) matter, as they were required to do. The IPCC investigated the matter.
21A of Schedule 3 to the Police Reform Act 2002 (“the 2002 Act”) whether there was
an “indication” that a person serving with the police “may” have “(a) committed a
criminal offence, or (b) behaved in a manner which would justify the bringing of
disciplinary proceedings”. These would have invoked the special procedures and the
investigation would have become an investigation into the conduct of the officer or
officers. .
4. The investigator’s report dated 27 November 2017 explained why the conclusion had
been reached that there was no such indication. On receipt of the report, the
Commission delegate reached the same conclusion for the purposes of paragraph 24A
of Schedule 3. Accordingly, the investigation remained an investigation into a DSI
matter, and there was no consideration of criminal or misconduct proceedings in
relation to B50 or any other officer.
Judgment Approved by the court for handing down. R (Skelton) v IOPC and others
5. On 15 October 2021 the Jury at the inquest into Mr Skelton’s death returned a
conclusion that he had been unlawfully killed.
6. Thereafter, the Defendant, the IPCC’s successor, considered whether to order a re-
investigation of the DSI matter under s.13B(2) of the 2002 Act. This provides a power
to re-investigate if the Defendant’s Director General is satisfied that there are
“compelling reasons” for doing so.
7. The Defendant’s Re-investigation of an IOPC investigation policy (January 2021)
provides that in order to find compelling reasons the decision maker must be satisfied
of the following:
“A. the original investigation was flawed in a manner that had a
material impact on subsequent decisions on discipline, performance
and/or referral to the Crown Prosecution Service (CPS), and/or
B. there is significant new information that requires further
investigation and a real possibility that the new information, had it
been available, would have led wholly or partly to different
decisions on discipline, performance and/or referral to the CPS, and
C. it is necessary to require a re-investigation in the public
interest”.
8. On 3 November 2022 the Defendant identified two flaws in the original investigation
for the purposes of Condition A of the policy but decided not to re-investigate under
s.13B(2). The Claimant, Mr Skelton’s father, seeks judicial review of that decision,
with permission having been granted by Fordham J on 18 October 2023. He advances
four overlapping grounds:
Ground 1: The Defendant did not apply the criteria identified in its own
policy in reaching the conclusion it was not satisfied that there were
compelling reasons to re-investigate.
Ground 2: The Defendant’s decision that the failures identified in the original
investigation were not material flaws which impacted on subsequent decisions
on discipline, performance and/or referral to the CPS was irrational or
unreasonable.
Ground 3: The Defendant failed to give due consideration or adequate weight
to all relevant considerations in the application of the criteria in the policy,
including whether there were material flaws in the original investigation or
whether there was a real possibility that new information would have led to
different decisions.
Ground 4: The Defendant’s conclusion that a re-investigation was not in the
public interest and that there were not compelling reasons to re-investigate (i)
had failed to give due consideration or adequate weight to relevant
considerations; and/or (ii) had given undue consideration or weight to
irrelevant considerations; and/or (iii) was irrational or unreasonable.
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