PCD 1352 Application for Financial Assistance for the legal representation of a former police officer at a public inquiry.

PCD 1352 Application for Financial Assistance for the legal representation of a former  police officer at a public inquiry. 

The Deputy Mayor for Policing and Crime (DMPC) is asked to consider an application for a Cap increase to financial assistance of the sum of £38,450.00 (exclusive of VAT) made by the Applicant for legal representation at a public inquiry. The sum of £38,450.00 is an increase to cap of £22,815.00 (+VAT) approved on 24 November 2016. 

The Deputy Mayor for Policing and Crime has the discretion to authorise financial assistance for police officers and staff where it would be conducive to the maintenance of an efficient and effective police force.

The Deputy Mayor for Policing and Crime is recommended to: approve the application for financial assistance made by the Applicant  for the sum of £38,450.00   (exclusive of VAT) for the reasons set out in part two. 

PART I - NON-CONFIDENTIAL FACTS AND ADVICE TO THE DMPC 

1. Introduction and background 

1. Part 2 of this Report is exempt because it falls within an exemption specified in para 2(2) of the Elected Local Policing Bodies (Specified Information) Order 2011 and/or under the Freedom of Information Act 2000, e.g. because the information amounts to personal data, is confidential or commercially sensitive. 

2. These proceedings concern the representation of an ex-MPS Police Officer at inquiry proceedings.  This is the 2nd application in respect of this ex-officer. 

3. The Applicants represents that they satisfy the criteria for entitlement to financial assistance namely: that they were performing their official duties; that they were acting in good faith and there was no neglect or wilful default on their part; and that they exercised reasonable judgement.  The facts provided by the Applicants in support of their representation for financial assistance are set out in the exempt report.   

4. The Commissioner’s position in relation to the Applicants representations for financial assistance are set out in the exempt report.   

5. There is a conflict of interest between the position of the Commissioner and the Applicants and accordingly the DMPC will need to consider whether the Applicants requires separate legal representation and financial assistance.   

2. Issues for consideration 

1. For the DMPC to consider whether there is a conflict of interest requiring separate representation and financial assistance and whether the financial assistance will secure an efficient and effective Police Service 

3. Financial Comments 

1. The solicitors acting for the Applicant have submitted an increased  estimate of the costs of the separate representation in support of the application for financial assistance, in the sum of £38,450.00   (exclusive of VAT)     

2. The cost of these legal fees, if authorised, will be met from the 1996 Police Act Expenditure budget within the MPS Directorate of Legal Services’ budget.   

4. Legal Comments 

1. MOPAC has the power to act under paragraph 14 of Schedule 1 to the PRSRA 2011 to meet the costs of legal representation of police officers and staff involved in proceedings  

2. The DMPC has delegated authority under section 4.9 of  the Scheme of Consent and Delegation 2016, to consider the current application 

3. Home Office Circular 010/2017 provides guidance which applies to MOPAC. In conclusion it states 

 “…police officers and staff must be confident that local policing bodies will provide financial assistance, whether in full or part, for officers facing legal proceedings where they have acted in good faith and have exercised their judgement reasonably”. 

5. GDPR and Data Privacy  

1. The processing of personal data has been minimised as part of this decision and is held within Part 2 of the report. 

6. Equality Comments 

7. To continue policing with the consent of the population it serves, the police will always seek to treat everyone fairly and openly. Race or equality issues do not appear to have an impact in this matter.   

8. Background/supporting papers