Sussex Police and Crime Commissioner Katy Bourne is threatening legal action against the Sussex Police and Crime Panel after they passed a motion expressing no confidence in her conduct. The elected official is demanding the formal criticism be withdrawn and a public apology issued following the censure.
Background of the Controversy
The dispute stems from Commissioner Bourne's attendance at a protest in Crowborough, East Sussex, in November. The demonstration was part of a series of protests against the use of Crowborough Training Camp to accommodate over 500 male asylum seekers while their claims are processed.
The Panel's Motion
In a meeting on January 30, the Sussex Police and Crime Panel passed a non-binding motion by majority vote stating they had "lost confidence" in Commissioner Bourne. The motion cited her attendance at the November 8 protest and her comments on Radio Sussex on December 30, where she reportedly called for asylum seekers to be fitted with electronic tags, along with other actions on social media.
The motion declared: "Her lack of impartiality has brought the office of Commissioner and policing into disrepute. We therefore censure her for her actions."
Commissioner's Defense
Minutes from the January meeting reveal Commissioner Bourne defended her actions, stating her motivations were purely to engage with local residents and hear their concerns. She expressed feeling harassed for simply doing her job and suggested her social media interactions had been in a personal capacity, with some comments being misrepresented.
Mark Streater, the PCC's chief executive and monitoring officer, also raised objections during the meeting. He requested it be recorded that he did not recognize the motion as a formal duty of the panel and awaited a report from the panel's clerk to justify the decision.
Legal Challenge Looms
A spokeswoman for the PCC's office confirmed Commissioner Bourne has taken legal advice and instructed solicitors to contact the legal advisor to the Sussex Police and Crime Panel. This action initiates a notice of proposed judicial review of the panel's decision to censure the commissioner.
The spokeswoman stated the PCC is advised this procedure falls outside the panel's statutory authority and breaches Articles 10 and 11 of the European Convention on Human Rights, which protect freedom of expression and freedom of assembly and association.
Procedural Questions
During the meeting, advice from the officer of the clerk confirmed the panel had the authority to vote on any motions that had been proposed and seconded. However, it was clarified that such motions would not be binding, and the PCC would retain the right to respond.
The Sussex Police and Crime Panel has been contacted for comment regarding the threatened legal action and the allegations of procedural overreach.
