Prince Harry filed a claim for a judicial review of the Home Office’s decision to deny him security arrangements shortly after it was made.
The first High Court hearing took place in February 2022, with Robert Palmer QC, for the Home Office, telling the court the Duke of Sussex’s offer of private funding was “irrelevant” despite his safety concerns.
In written submissions, Palmer said “personal protective security by the police is not available on a privately financed basis”.
He added that Ravec (the Executive Committee for the Protection of Royalty and Public Figures) “does not make decisions on the provision of such security on the basis that any financial contribution could be sought or obtained to pay for it”.
Palmer said Ravec had attributed to the duke “a form of exceptional status” where he is considered for personal protective security by the police, “with the precise arrangements being dependent on the reason for his presence in Great Britain and by reference to the functions he carries out when present”.
The barrister added: “A case-by-case approach rationally and appropriately allows Ravec to implement a responsive approach to reflect the applicable circumstances.”
The case didn’t conclude until 28 February 2024, when retired High Court judge Sir Peter Lane ruled against Prince Harry.
He ruled the decision to change his security status was not unlawful or “irrational”, and that there had been no “procedural unfairness”.
The judge added: “Even if such procedural unfairness occurred, the court would in any event be prevented from granting the claimant [Prince Harry] relief.
“This is because, leaving aside any such unlawfulness, it is highly likely that the outcome for the claimant would not have been substantially different.”
After the ruling, a legal spokesperson for Harry said he intended to appeal, adding: “The duke is not asking for preferential treatment, but for a fair and lawful application of Ravec’s own rules, ensuring that he receives the same consideration as others in accordance with Ravec’s own written policy.”
In April 2024, Harry was refused permission to challenge the ruling by the High Court, but was told he could apply to challenge it again directly to the Court of Appeal.
He did so, and in June 2024 the Court of Appeal said it would hear the duke’s challenge following a direct application from his lawyers.
Granting the appeal, Judge David Bean said he was persuaded “not without hesitation” that Harry’s challenge has a “real prospect of success”.