Priti Patel bullying row: High Court to scrutinise PM’s decision not to sack home secretary
Allegations of bullying by home secretary Priti Patel will soon be scrutinised by the High Court after a workers group that represents senior public servants challenged Boris Johnson’s refusal to sack the minister.
The union has been given the go-ahead to bring a High Court challenge against Boris Johnson’s decision to stand by Patel.
The FDA union launched judicial review proceedings in February over the Prime Minister’s decision to disregard the findings of his adviser on ministerial standards, in order to back Patel, last year.
Sir Alex Allan left his advisory role in Downing Street after Johnson contradicted his advice by judging that Ms Patel did not breach the rules, despite being found to have bullied staff.
At a hearing in London this afternoon, Mr Justice Linden granted the FDA permission for a full hearing of the judicial review claim.
Ministerial code
In an investigation into Patel’s behaviour, published in November, Sir Alex found that the Cabinet minister had not always treated civil servants with “consideration and respect”.
Sir Alex concluded that Patel’s behaviour, which was said to include some occasions of shouting and swearing, met the definition of bullying adopted by the Civil Service.
Ministers are usually expected to resign if they breach the code but Johnson, who is its arbiter, judged, in a decision that is being challenged by the FDA, that Patel had not fallen foul of the rules.
The FDA is challenging Johnson’s decision that Patel’s conduct did not breach the ministerial code.
Mr Justice Linden said that, while it is arguable that Mr Johnson was entitled to rely on his own interpretation of the word “bullying” when reaching his decision, it is also arguable that the court may be persuaded that the word should be interpreted in the context of the Civil Service staff policies.
The judge who hears the full case will also have to decide whether the court is capable of determining the issue and whether the FDA has standing to bring the claim.
“We are very pleased that Mr Justice Linden has today granted permission for a full hearing in our judicial review,” said Dave Penman, the union’s general secretary, said in a statement.
“The ministerial code is the only means by which civil servants can raise complaints against the conduct of ministers and it is vital that decisions on this are subject to the rule of law. Ministers should be held to the same standards of conduct as civil servants,” Penman added.
“We welcome the opportunity now granted to argue that point fully that the Prime Minister erred in his interpretation of the ministerial code when deciding that the Home Secretary did not break the code.”
Penman said in February that the affair had obliterated Civil Service trust in the ministerial code.
He said a survey taken since of FDA members who are most likely to work with ministers found that nearly 90 per cent said they have no confidence in the ministerial code as a mechanism for dealing with bullying and harassment by ministers.
Speaking at that time, he added: “This is not about whether the Home Secretary should be forced to resign, that is a matter for the Prime Minister, this is simply about how the ministerial code is interpreted.”
Following the publication of Sir Alex’s report, Patel issued an “unreserved, fulsome apology” and said there were “no excuses” for what happened.
Johnson later wrote to ministers and heads of Government departments reminding them that there is “no place for bullying”.