Free speech victory as High Court rules Police Federation unlawfully treated PC Prior and PC Cooke

Max Thompson, Campaigns Officer

1 February 2026

This week, the Free Speech Union secured a major victory in the Administrative Court of the High Court after Mrs Justice Obi ruled that the Police Federation of England and Wales (PFEW) acted unlawfully in suspending two elected Federation Chairs and barring them from standing for re-election.

For the first time, the judgment established that the PFEW is a public body subject to the jurisdiction of the High Court.

Rick Prior, former Chair of the Metropolitan Police Federation, was suspended in October 2024 for expressing the views and concerns of the 30,000 rank-and-file officers he was elected to represent. In an interview with GB News, Mr Prior warned that officers were becoming increasingly reluctant to challenge individuals from some ethnic minority groups for fear of vexatious complaints or being labelled racist. The following day, he was suspended by the Police Federation for doing precisely what his role required.

Another former Federation branch chair, Richard Cooke, was also subjected to unlawful treatment by the PFEW. PS Cooke, the elected Chair of the West Midlands Police Federation, used social media to challenge claims that policing in the UK is institutionally racist. As a result, he was suspended, required to undergo Diversity, Equality and Inclusion training, and prohibited from standing for re-election.

The High Court found that the suspensions and subsequent restrictions on both officers’ ability to hold office were unjustified, disproportionate, and in breach of their Article 10 rights under the European Convention on Human Rights (ECHR).

The Court’s emphasis that commentary on race relations and policing standards constitutes core public-interest speech — attracting the highest level of legal protection — was particularly welcome. Preventing elected representatives from speaking out, or from standing for re-election, requires rigorous justification, which the Federation wholly failed to provide.

This ruling represents a significant victory for free speech and common sense. The Free Speech Union is proud to have supported Richard Prior and Richard Cooke throughout this case and is deeply grateful to those who generously contributed to the crowdfunder that made this challenge possible.

The landmark judgment has far-reaching implications for freedom of expression beyond the police service. It confirms that suspension must never be used casually or as a tool of ideological conformity, particularly where lawful speech on matters of public interest is concerned. The ruling strengthens protections for workers, representatives, and office-holders facing disciplinary action for expressing lawful but controversial views and sends a clear message that casual bias and echo-chamber thinking carry legal consequences. It also establishes that disciplinary proceedings brought by the PFEW — already under close scrutiny — are now subject to review by the High Court.

Commenting on the judgment, Lord Young of Acton, General Secretary of the Free Speech Union, said: “The Court has ruled that Mukund Krishna, Chief Executive Officer of the Police Federation of England and Wales, acted unlawfully when he suspended two elected Federation Chairs and banned one of them from running for re-election. In my view, he has no choice but to resign.”

The Free Speech Union will now be pursuing the PFEW for costs.

Click here to read the judgment in full. You can also read more in The Telegraph.