PCD 1765 Application to settle claims against the Metropolitan Police Service (MPS)

The DMPC agree a request to settle claims against the MPS, as set out in the part 2 report.   

The Deputy Mayor for Policing and Crime has the discretion to authorise the settlement of legal proceedings where it would be conducive to the maintenance of an efficient and effective police force. 

The DMPC is asked to approve an application to settle a claim against the MPS, as identified in part 2 of this report.  

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

Decision required – supporting report 

1. Introduction and background 

1. The Claimants claim damages for breaches of both the Equality Act 2010 and the Human Rights Act 1998 (Articles 3, 8 and 14 of the European Convention of Human Rights). They also seek  damages (including aggravated and exemplary damages) for misfeasance in public office. 

2. The claims arise out of acts and omissions of MPS officers during an investigation into a racially aggravated assault suffered by the claimants on 22 December 2019 . 

2. Financial Comments 

1. The cost of any settlement, if agreed, would be met from the centrally held MPS third party claims provision budget.  

3. Legal Comments 

1. Pursuant to the MOPAC Scheme of Consent and Delegation 2016, MOPAC must authorise the settlement because it fulfils the criteria set out in section 4.10 of the Scheme including the financial level. 

2. The DMPC has the power to authorise any sum required in connection with the settlement for any claim made against the Commissioner under Section 88 of the Police Act 1996. 

3. Any personal data relating to the matter is processed for the purpose(s) of legal proceedings and/or obtaining legal advice. The processing is in accordance with Art 6 GDPR and (where applicable) Schedule 2 DPA, and (where applicable) Articles 9 and/or 10 GDPR in conjunction with ss.10-11 and Schedule 1 DPA 2018. 

5. There is an open and exempt report as some of the information relates to data protection, is commercially sensitive and is legal professional privileged. 

4. Equality Comments 

1. It is noted that the claimants’ claims includes a claim for discrimination brought under the Equality Act and Article 14 European Convention on Human Rights. To continue policing with the consent of the population it serves, the police will always seek to treat everyone fairly and openly. This has been borne in mind in the assessment of the claims. 

5. Background/supporting papers 

1. Part two exempt reports