Policing has been left in a “hopeless position”, Met Commissioner Sir Mark Rowley said, after the High Court ruled the force could not dismiss officers by removing their vetting clearance.

The ruling came after Sgt Lino Di Maria successfully mounted a legal challenge after having his vetting removed over sexual assault allegations, which he denies and has not been charged or convicted in connection with.

Sir Mark Rowley said it was “absurd” that officers who were not fit to hold vetting could not be lawfully sacked and said the force would appeal.

Mrs Justice Lang said the process was unlawful because officers suspected of wrongdoing were denied a proper opportunity to defend themselves against a charge of gross incompetence.

Sgt Di Maria was found to have no case to answer in respect of misconduct allegations, and argued that having his vetting removed without the accusations being proved was a breach of his right to a fair trial.

Met Police vetting is a background check on both new applicants and current officers – which include checks on criminal records, finances, and close associates – to identify unsuitable individuals.

In her ruling, Mrs Justice Lang said the “defendant’s powers do not extend to the dismissal of a police officer by reason of withdrawal of vetting clearance”.

“Dismissal is a matter which should be provided for in regulations made by the Secretary of State. This results in an anomalous situation where officers who do not have basic vetting clearance cannot be dismissed by the defendant.”

The judge ruled that the current regulations did not allow for officers to be sacked through a removal of vetting clearance and that was something which could be changed by the government.

Following the ruling, a Home Office spokesperson said it was “acting rapidly” to ensure police forces could “dismiss officers who cannot maintain vetting clearance”.

London’s Independent Victims’ Commissioner Claire Waxman said the decision was a “significant blow” to the hard work of the Metropolitan Police to “root out dangerous officers and restore public trust and confidence, and the consequences should concern us all”.

Speaking to reporters outside Scotland Yard, Sir Mark said: “We now have no mechanism to rid the Met of officers who were not fit to hold vetting – those who cannot be trusted to work with women, or those who cannot be trusted to enter the homes of vulnerable people.

“It is absolutely absurd that we cannot lawfully sack them.

“This would not be the case in other sectors where staff have nothing like the powers comparable to police officers.”

He added officers such as Sgt Lino Di Maria would remain on vetting special leave, and described the position as a “ridiculous waste of money” but the “least bad option”.