Legal Constraints Prevent Immediate Dismissal of Police Chief
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 his role does not include the power to summarily remove a chief constable without following proper legal procedures.
"Not an Episode of The Apprentice"
During an accountability and governance board meeting, Foster explained the limitations of his position in stark terms. "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. "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."
The commissioner further elaborated that this process requires extensive consultation with multiple bodies, including Her Majesty's Inspectorate of the Constabulary (HMIC) and the police and crime panel, as well as direct engagement with the chief constable themselves.
Timeline of Events and Political Pressure
The controversy stems from West Midlands Police's decision to ban away fans from the Europa League match between Aston Villa and Maccabi Tel Aviv last year. An official inquiry subsequently found that the police force had "exaggerated" intelligence to justify this ban, leading to significant political fallout.
Home Secretary withdrew her confidence in Chief Constable Craig Guildford following these revelations, prompting calls for his immediate dismissal. Despite this pressure, Guildford remained in his position for two additional days before announcing his retirement.
Foster revealed that he initiated the formal process to potentially dismiss Guildford on 15 January, coinciding with the release of the preliminary HMIC report. He expressed frustration that "the extent that has not been widely understood among the media, the public and politicians has provided a degree of fiction and unreality" regarding his actual powers.
Ongoing Investigations and Apologies
The Independent Office for Police Conduct (IOPC) has launched an independent investigation to determine whether any officers or staff members should face misconduct proceedings related to the fan ban decision. Meanwhile, acting Chief Constable Scott Green has offered a "full and sincere apology" on behalf of West Midlands Police.
During the same accountability meeting, Green admitted that the force had "overstated" intelligence and acknowledged that their record-keeping standards were inadequate. He pledged to implement several changes, including:
- Antisemitism training for officers
- A comprehensive review of artificial intelligence usage within the force
- Rebuilding trust with local communities affected by the decision
Historical Context and Future Changes
This situation unfolds against a backdrop of shifting powers within police governance structures. A previous Conservative government granted police and crime commissioners the authority to appoint and dismiss chief constables, but current government plans aim to return this power to the Home Office.
Foster, who has faced calls for his own resignation over his handling of the inspectorate's report, maintains that he remains "absolutely committed and dedicated to holding West Midlands police to account."
The initial ban decision, made by a council-led security advisory group, sparked widespread criticism when announced in October last year. Labour leader Keir Starmer described it as "wrong" and suggested it amounted to antisemitism. Subsequent investigations revealed that West Midlands Police failed to consult the local Jewish community before implementing the ban and used intelligence referencing a nonexistent match between Maccabi Tel Aviv and West Ham that had been generated using artificial intelligence.
Further scrutiny is expected with a report from the home affairs select committee due in February and the complete HMIC report scheduled for release during the summer months.
