Maya Sikand KC and Rosa Polaschek act on behalf of Kristina O’Connor in the Court of Appeal

On 4 December 2024 the Court of Appeal heard the case of O’Connor v Panel Chair (Police Misconduct Panel) and James Mason, on appeal from the decision of Swift J in the Administrative Court: [2023] EWHC 2892 (Admin).

The appeal arises from a finding of gross misconduct by a Police Misconduct Panel in 2021. The appellant, Kristina O’Connor, had reported an assault by a group of young men at Kentish Town Police Station in 2011. At the time Mr Mason, then a Detective Sergeant, made wholly inappropriate advances of a sexual nature towards Ms O’Connor and sent her inappropriate emails.

Ms O’Connor complained about Mr Mason’s conduct in October 2020. In 2021 a Police Misconduct Panel found Mason guilty of gross misconduct (conduct which amounts to a breach of the police standards of professional behaviour which is so serious that dismissal would be justified). Mr Mason was sanctioned through a three-year final written warning; he was allowed to remain in post and keep his rank. In October 2022 he resigned. 

The appeal raises an important issue of principle as to how police misconduct panels apply the Guidance on Outcomes in Police Misconduct Proceedings in coming to their sanction decisions. In particular, the appeal concerned whether the Police Misconduct Panel’s reasoning contained sufficient evaluation of the seriousness of the offending, including the impact on public confidence in policing, in accordance with the Guidance. This is the first time the Court of Appeal will consider the proper approach to decision-making by police misconduct panels under the Guidance.

Ms O’Connor was represented in the appeal by Maya Sikand KC and Rosa Polaschek of Doughty Street Chambers, instructed by Nancy Collins and Rebecca Argall of Bindmans LLP. Caoilfhionn Gallagher KC and Fiona Murphy KC were instructed in the Administrative Court.