Civil servants' union wins right to challenge Boris Johnson in High Court for backing 'shouting and swearing' Priti Patel in bullying row
- The Association of First Division Civil Servants (FDA) launched judicial review
- Boris Johnson ignored Sir Alex Allan's advice over Priti Patel's bullying scandal
- Sir Philip Rutman resigned, claiming there was a 'vicious' campaign against him
- His bullying claim was later settled with a 'substantial' payout worth £370,000
- Mr Justice Linden granted FDA permission for a hearing of judicial review claim
A civil servants' union has won the right to challenge Boris Johnson in High Court after he backed Priti Patel in the bullying row.
The Association of First Division Civil Servants (FDA) launched judicial review proceedings in February over the Prime Minister's decision to disregard the findings of his adviser on ministerial standards.
Sir Alex Allan left his advisory role in Downing Street when Mr Johnson decided Ms Patel did not breach the rules, even after she was found to have bullied staff.
In February Ms Patel's permanent secretary Sir Philip Rutman resigned, claiming there had been a 'vicious and orchestrated' campaign against him. He said he intended to sue the Government for constructive dismissal.
His bullying claim was later settled with a 'substantial' payout worth £370,000. In a statement the Government said it 'regretted' the circumstances surrounding Sir Philip's resignation - although it did not accept liability and defended its decision to defend the case.
![Sir Alex Allan left his advisory role in Downing Street when Boris Johnson decided Priti Patel (pictured) did not breach the rules, even after she was found to have bullied staff](https://i.dailymail.co.uk/1s/2021/04/27/16/42283164-9517107-Sir_Alex_Allan_left_his_advisory_role_in_Downing_Street_when_Bor-m-107_1619537017977.jpg)
Sir Alex Allan left his advisory role in Downing Street when Boris Johnson decided Priti Patel (pictured) did not breach the rules, even after she was found to have bullied staff
At a hearing in London on Tuesday, Mr Justice Linden granted the FDA permission for a full hearing of the judicial review claim.
In an investigation into Ms Patel's behaviour, published in November, Sir Alex found the Cabinet minister had not always treated civil servants with 'consideration and respect'.
Sir Alex concluded that Ms Patel's behaviour met the definition of bullying adopted by the Civil Service.
Ministers are usually expected to resign if they breach the code but Mr Johnson, who is its arbiter, judged, in a decision that is being challenged by the FDA, that Ms Patel had not fallen foul of the rules.
The FDA is challenging Mr Johnson's decision that Ms Patel's conduct did not breach the ministerial code.
![In an investigation into Ms Patel's behaviour, published in November, Sir Alex (pictured) found that the Cabinet minister had not always treated civil servants with 'consideration and respect'](https://i.dailymail.co.uk/1s/2021/04/27/16/42283162-9517107-image-a-109_1619537045839.jpg)
In an investigation into Ms Patel's behaviour, published in November, Sir Alex (pictured) found that the Cabinet minister had not always treated civil servants with 'consideration and respect'
Mr Justice Linden said while it is arguable Mr Johnson was entitled to rely on his own interpretation of the word 'bullying' when reaching his decision, it is also arguable the court may be persuaded the word should be interpreted in the context of the Civil Service staff policies.
The judge who hears the full case will also have to decide whether the court is capable of determining the issue and whether the FDA has standing to bring the claim.
Dave Penman, the union's general secretary, said in a statement: 'We are very pleased that Mr Justice Linden has today granted permission for a full hearing in our judicial review.
'The ministerial code is the only means by which civil servants can raise complaints against the conduct of ministers and it is vital that decisions on this are subject to the rule of law.
'Ministers should be held to the same standards of conduct as civil servants.
'We welcome the opportunity now granted to argue that point fully that the Prime Minister erred in his interpretation of the ministerial code when deciding that the Home Secretary did not break the code.'
Mr Penman said in February the affair had obliterated Civil Service trust in the ministerial code.
He said a survey taken since of FDA members who are most likely to work with ministers found that nearly 90 per cent said they have no confidence in the ministerial code as a mechanism for dealing with bullying and harassment by ministers.
Speaking at that time, he added: 'This is not about whether the Home Secretary should be forced to resign, that is a matter for the Prime Minister, this is simply about how the ministerial code is interpreted.'
Following the publication of Sir Alex's report, Ms Patel issued an 'unreserved, fulsome apology' and said there were 'no excuses' for what happened.
Mr Johnson later wrote to ministers and heads of Government departments reminding them there is 'no place for bullying'.
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