DMFD284 Personal injury claims 2026-27

1.1.    Report LFC-25-097 to the London Fire Commissioner (LFC) sets out that prior approval to settle high-value personal injury claims has been sought each financial year since 2021-22. The last decision (DMFD261) was approved in February 2025.

1.2.    Most personal injury claims made against the LFC are for less than the £150,000 scheme of delegation threshold in the London Fire Commissioner Governance Direction 2018. However, for claims involving diagnoses of mesothelioma, other asbestos-related illnesses (asbestosis, lung cancer), cancer-related claims, psychiatric injuries, and any claim that results in a medical retirement, the value is likely to exceed £150,000.
 

2.1.    The purpose of LFB’s request is to ensure that personal injury claims over £150,000, and up to the amount set out in Part 2, can be settled quickly and without the requirement for additional decision-making by the GLA.

2.2.    The paper notes that the Deputy Mayor for Planning, Regeneration and the Fire Service (the Deputy Mayor) will continue to be notified by the LFC’s General Counsel upon receipt of claims expected to exceed £150,000; and once their final confirmed cost has been settled. The LFC will continue to provide a year-end financial update on the spend that occurs in relation to this decision.

2.3.    LFB has submitted a report to the Deputy Mayor for 2024-25; during this year, four claims exceeded the cost-per-claim threshold. 
 

3.1.    The LFC and the Deputy Mayor for Planning, Regeneration and the Fire Service are required to have due regard to the Public Sector Equality Duty (section 149 of the Equality Act 2010) when taking decisions. The Public Sector Equality Duty requires the identification and evaluation of the likely potential impacts, both positive and negative, of the decision on those with protected characteristics (see paragraph 3.4). 

3.2.    It is important to note that consideration of the Public Sector Equality Duty is not a one-off task. The duty must be fulfilled before taking a decision; at the time of taking a decision; and after the decision has been taken.

3.3.    The protected characteristics are: age, disability, gender reassignment, pregnancy and maternity, marriage and civil partnership (but only in respect of the requirements to have due regard to the need to eliminate discrimination), race (ethnic or national origins, colour or nationality), religion or belief (including lack of belief), sex, and sexual orientation.

3.4.    The Public Sector Equality Duty requires decision-takers in the exercise of all their functions, to have due regard to the need to:

•    eliminate discrimination, harassment and victimisation and other prohibited conduct
•    advance equality of opportunity between people who share a relevant protected characteristic and persons who do not share it
•    foster good relations between people who share a relevant protected characteristic and persons who do not share it.

3.5.    Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to:

•    remove or minimise disadvantages suffered by persons who share a relevant protected characteristic where those disadvantages are connected to that characteristic
•    take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it
•    encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.

3.6.    The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include, in particular, steps to take account of disabled persons’ disabilities.

3.7.    Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to:

•    tackle prejudice 
•    promote understanding.

3.8.    LFB does not consider that there are any specific equality implications arising from their report.
 

4.1.    LFB does not consider that there are any implications from its report relevant to sustainability, procurement or communications. 

4.2.    LFB has not undertaken any consultations with its staff but reports that it takes note of wider lessons from personal injury claims and applies the learning at an organisational level where necessary. 

Conflicts of interest

4.3.    There are no conflicts of interest to declare from those involved in the drafting or clearance of this decision.
 

5.1.    LFC-25-097 recommends that the LFC delegate authority to settle personal injury claims up to a maximum amount per claim, specified in Part 2 of this report. 

5.2.    The LFC’s 2026-27 budget submission includes a budget to settle personal injury claims, based on the previous year’s spend and future anticipated expenditure. The amount is set out in Part 2. 
 

6.1.    The LFC’s General Counsel’s Department have confirmed the following.

6.2.    Under section 9 of the Policing and Crime Act 2017, the LFC is established as a corporation sole with the Mayor appointing the occupant of that office. Under section 327D of the GLA Act 1999, as amended by the Policing and Crime Act 2017, the Mayor may issue to the LFC specific or general directions as to the manner in which the holder of that office is to exercise his or her functions.

6.3.    By direction dated 1 April 2018, the Mayor set out those matters, for which the LFC would require the prior approval of either the Mayor or the Deputy Mayor. Paragraph (b) of Part 2 of the said direction requires the LFC to seek the prior approval of the Deputy Mayor before “[a] commitment to expenditure (capital or revenue) of £150,000 or above as identified in accordance with normal accounting practices”.

6.4.    The proposals in this report seek to provide delegated authority to General Counsel to settle personal injury claims (or in the alternative a specific personal injury claim) in excess of £150,000. Accordingly, this falls within those matters set out in the 2018 Directions; and therefore requires the prior approval of the Deputy Mayor.