PSNI officer wins right to appeal professional restrictions placed on him after alleged assault during affair

He was granted leave to seek a judicial review of the PSNI’s decision to subject him to a risk management plan.

Madam Justice Quinlivan ruled today he has established an arguable case that the internal process was unfair.

Granted anonymity and known only as JR91, the court heard that the officer began a sexual relationship with a woman referred to as K in August 2016.

A year later she made a complaint to police about his wife.

She also made disclosures about the alleged nature of her relationship with JR91 which raised concerns.

These included claims that she sustained injuries, as well as sexual acts said to have featured.

One of these involved an alleged “daddy-little girl” role play scenario.

It was stressed, however, that it had been a relationship between two consenting adults.

K made clear she did not want JR91 to “suffer” any adverse consequences, and declined to make a formal complaint.

He was subject to a criminal investigation over allegations of assault occasioning actual bodily harm.

In February 2018 the Public Prosecution Service decided not to charge him.

But he was suspended from duty for a period as part of an internal PSNI investigation.

Although allegations of gross misconduct were not pursued, JR91 was informed in January 2019 that he was being made subject to the force’s service confidence procedures.

A decision to impose a risk management plan which limited the work he can undertake as a serving police officer was upheld on appeal.

Lawyers for the officer claimed the process was unlawful, unfair, irrational and breached his human rights.

During the hearing the PSNI’s representatives questioned whether it was an appropriate case for judicial review.

But Madam Justice Quinlivan held there were potential matters of public interest.

She said JR91 had raised an arguable case that the service confidence proceedings were unfair.

Leave to apply for judicial review was also granted on the issue of the adequacy of reasons provided by a senior PSNI officer.

The case is now set to advance to a full hearing later this year.