Samizdata

The High Court in England & Wales has handed down a judgment declaring that the Chief Constable of Northumbria Police – a force covering Northumberland, Newcastle and Sunderland, (basically the upper part of north-east England) acted irrationally in letting her officers participate in and support a ‘Pride’ event in 2024.

In short, the issue was that the Claimant (‘Plaintiff’ to our friends over the Ocean), a ‘gender-critical lesbian’, objected to members of the local Police Force Force and/or members of the Force associating themselves with the views of supporters of gender ideology and transgender activists by actively participating in the ‘Northern Pride Event in Newcastle in July 2024. The Claimant’s belief is that as a person who is ‘gender-critical’, she believes that a person’s sex is an immutable characteristic and that “gender ideology”, which recognises a person’s gender identity, is “wrong and dangerous“. To cut a long story short, the learned judge, Mr Justice Linden, upheld the complaint. Putting it simply, the judge looked at the Chief Constable’s reasons for authorising her officers to participate in the Pride Event and found them to be irrational, i.e. there was no way that the decision could have been taken by a rational Chief Constable.

The crux of the case was that police officers have a duty to be impartial and to appear to be impartial, the Chief Constable decided that the duty to be ‘impartial’ was subject to the ‘public sector equality duty’ (a general duty used wrongly here as a ‘catch-all’ to justify any deviation from the norms of acceptable conduct), but the judge said that it was the other way around, the duty to be impartial is an absolute duty, and the ‘public sector equality duty’ is a duty to have regard to the need to achieve equality, rather than the need to achieve it. The Equality cart was put before the Impartiality Horse. At the end of the judgment is a rather stinging finding about the Defendant, the Chief Constable, in paragraph 136:

I have already explained that the Defendant’s reasoning did not provide a rational basis for her decision. After careful consideration I have also concluded that the effect of the activities challenged by the Claimant was sufficiently obvious for the Defendant’s decision to be outside the range of reasonable decisions open to her.

I should point out for our readers that in England & Wales, judges are appointed by a commission, and the notion of a judge being akin to an ‘Obama judge’, a ‘Biden judge’ or a ‘Trump appointee’ is alien here, but of course the exalted echelons of higher legal circles contain in the main the sort of people who, holding a conference on law to all comers, would see nothing untoward in sneering at a Conservative government’s legal difficulties or Brexit, and the ‘Overton window’ in the legal community is more like a pinprick hole in a camera obscura, but that is not the point. What I would say is that in England & Wales, the more senior judges will tend to stick to the law and this may produce apparently surprising results, like this case.

So what happens now? Well in respect of last year’s event, nothing other than this court’s finding. However, this judgment, although from a judge who is in the first-level of the English courts, amounts to a legal ‘slap in the face with a wet fish‘ to activist police officers and will no doubt embolden those who seek to reduce or dilute the endless stream of ‘agitprop’ we see coming from our police forces, and to an extent in the wider public sector. It also helps to show that there is a difference between the activist version of the law and reality. Will the Police and Crime Commissioner for Northumbria take any steps like asking the irrational Chief Constable to resign? Well, I’d be more surprised by that than the Second Coming.