The Metropolitan Police cannot dismiss officers who have had their vetting clearance removed, the High Court has ruled. Met Commissioner Sir Mark Rowley called the decision ‘absurd.’

The ruling responds to a legal challenge by Sergeant Lino Di Maria, after his clearance was removed and he was referred for gross incompetence.

Sgt Di Maria had been accused of sexual misconduct among other complaints. The sexual misconduct allegation was formally withdrawn on the basis that there was no case to answer. He has not been charged or convicted in connection with any of the matters.

The officer argued that removing his clearance without the accusations being proved breached his right to a fair trial. Under current Met rules, without vetting clearance, dismissal is inevitable; yet the vetting decision cannot be reopened onceit has been made.

Mrs Justice Lang ruled that the dismissal of police officers must be provided for in regulations made by the Secretary of State. Regulations currently exist for misconduct and performance dismissals, but not dismissal by reason of withdrawal of vetting clearance.

The judge admitted that this creates ‘an anomalous situation where officers who do not have basic vetting clearance cannot be dismissed.’ However, she went on to say that this anomaly should be resolved by regulations.

Sir Mark Rowley criticised the ruling, saying it left the Met in a ‘hopeless position.’

He announced that the Met would appeal, while calling on the Secretary of State to bridge ‘a clear gap in the law.’

Sir Mark expressed worry about the inability to dismiss rogue officers: “’those who cannot be trusted to work with women, or those who cannot be trusted to enter the homes of vulnerable people.’

Sgt Di Maria was investigated as a part of Operation Assure, a Met programme to review officers about whom ‘significant adverse information’ is known.

Police misconduct has been a focus of public attention since the murder of Sarah Everard. Data released in January this year showed a dramatic rise in misconduct and criminal activity by officers.

Of the over 300 officers and staff reviewed under Assure, 107 had their vetting withdrawn. 19 resigned before their gross incompetence hearing.

Sir Mark Rowley said the Met would be challenging this legal decision.