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Senior Police Officer fails in Challenge to refusal of Security Clearance

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Senior Police Officer fails in Challenge to refusal of Security Clearance


29 January 2016

The case of Mauger v Police Scotland [2016] CSOH 22 concerns a petition for judicial review in which a senior police officer sought to challenge a decision to refuse him “management vetting”.  Management vetting is a form of advanced security clearance which is a requirement for senior police officers.

In about 2000, while the Petitioner was living in southern England, he met a music and events promoter, Mr Brian Rix. From about 2007 he developed a friendship with Mr Rix. In July 2013, received a loan of £250,000 from Mr Rix which the Petitioner contended was for the purpose of making alterations and improvements to his home in Essex. Mr Rix has a number of criminal convictions.

Management vetting was refused due to the Petitioner’s unauthorised association with Mr Rix.

The Petitioner sought to challenge the refusal to grant him management vetting. Lord Philip rejected all of the challenges put forward by the Petitioner. Lord Philip concluded that the decision of the panel contained no error in law and refused the petition.

John MacGregor, of Axiom advocates, was instructed as junior counsel for Police Scotland.
https://www.scotcourts.gov.uk/search-judgments/judgment?id=ce6c04a7-8980-69d2-b500-ff0000d74aa7