Police Commissioner Clarifies Legal Constraints in Chief Constable Dismissal
West Midlands Police and Crime Commissioner Simon Foster has provided detailed clarification regarding his inability to immediately dismiss Chief Constable Craig Guildford following the controversial ban on Maccabi Tel Aviv football fans. The commissioner emphasised that legal processes must be followed rather than making summary decisions.
Legal Framework Prevents Immediate Action
During an accountability and governance board meeting, Foster explained the precise legal limitations facing police and crime commissioners. "There's no legal power on the part of a police and crime commissioner to summarily sack a chief constable on the spot," he stated unequivocally. The commissioner drew a clear distinction between television drama and real-world governance, noting that "It's not an episode of The Apprentice. You can't just call the chief constable in and point at him across a desk and say: 'You're fired.' There has to be a lawful process."
Foster revealed that he initiated the formal dismissal process on 15th January, coinciding with the release of the preliminary report from Her Majesty's Inspectorate of the Constabulary. This timeline demonstrates his commitment to following proper procedures despite political pressure for swifter action.
Background to the Controversial Ban
The situation originated from West Midlands Police's decision to ban Maccabi Tel Aviv supporters from attending a Europa League match against Aston Villa last year. Subsequent investigations revealed that police intelligence had been "exaggerated" to justify this prohibition, with references to a non-existent match between Maccabi Tel Aviv and West Ham that had been generated using artificial intelligence.
Home Secretary withdrew confidence in Chief Constable Guildford following these revelations, yet he remained in position for two additional days before announcing his retirement. The ban, ultimately implemented by the council-led security advisory group, generated significant controversy with Labour leader Keir Starmer describing it as "wrong" and suggesting it represented antisemitism.
Ongoing Investigations and Institutional Response
Multiple investigations continue to examine the circumstances surrounding the fan ban. The Independent Office for Police Conduct is conducting an independent investigation to determine whether any officers or staff members should face misconduct proceedings. Meanwhile, a report from the home affairs select committee is expected in February, with the full HMIC report scheduled for summer release.
Acting Chief Constable Scott Green acknowledged institutional shortcomings during the recent board meeting, admitting that the force had "overstated" intelligence and that record-keeping standards required improvement. Green offered a "full and sincere apology" on behalf of West Midlands Police and acknowledged that their initial response to criticism had been "too defensive."
Systemic Changes and Future Accountability
In response to the controversy, West Midlands Police has committed to implementing several significant changes. These include mandatory antisemitism training for officers and a comprehensive review of artificial intelligence usage within intelligence gathering processes. Foster emphasised his dedication to police accountability despite facing calls for his own resignation, stating he remains "absolutely committed and dedicated to holding West Midlands police to account."
The commissioner also addressed what he described as a "degree of fiction and unreality" circulating among media, public, and political circles regarding his powers. He stressed that all actions must comply with established legal frameworks, particularly noting that while a previous Conservative government granted police commissioners dismissal powers, current government plans aim to return this authority to the Home Office.
This complex situation highlights the intricate balance between political pressure for immediate action and the necessity of following due process within police governance structures. As investigations continue and reports emerge, the West Midlands Police force faces ongoing scrutiny regarding its procedures, transparency, and community relationships.
