Gross misconduct hearing to continue after chief constable declines judicial review

Simon Byrne was suspended from Cheshire Constabulary last August during an investigation into claims he “exhibited volatile, unpredictable and offensive behaviour”.

A disciplinary panel declined to drop the allegations against him in April – at which time a National Police Chiefs’ Council spokesperson said he was “considering his options” including pressing for a judicial review.

However, on Wednesday (June 13), Cheshire police and crime commissioner David Keane confirmed that Mr Byrne does not plan to apply for this course of action.

The misconduct hearing has been scheduled for July 2.

Staff at Cheshire Constabulary accused Mr Byrne of regular angry outbursts and bullying behaviour between 2014 and 2017.

The case made by Mr Byrne’s lawyers for the allegations to be discontinued centred on claims that an investigation instigated by Mr Keane was “littered with procedural errors and irregularities”.

However, while the disciplinary panel accepted there were flaws in the investigation, it did not agree that Mr Byrne had been prejudiced by them.

A spokesperson for Mr Keane’s office said: “The PCC has been informed that there is no intention to make application for a judicial review.

“The reasons for the decision are Mr Byrne’s and any questions relating to this should be directed accordingly. It would not be appropriate to comment further.”