PCD 1802 Request for authorisation to settle a claim for damages against the Metropolitan Police Service (MPS)

Executive Summary:  

The Deputy Mayor for Policing and Crime (DMPC) is recommended to approve the settlement of a claim identified in the exempt part of this report. 

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

Recommendation: 

The Deputy Mayor for Policing and Crime (DMPC) is asked to consider a request for authority to negotiate the settlement of civil proceedings, as set out in the part 2 report.   

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

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

1. Introduction and background 

1. The 11 September 2015 the claimant, a police officer in the near side rear seat of a police car, alerted to the approach of a vehicle from his left, braced with his left arm up for the impending collision (to the side/front of the police car) and hit the left side of his head on a front passenger seat.  He was unrestrained as he was donning his operational kit.  The collision occurred when the unmarked police vehicle, travelling on blue lights and sirens, paused at a red light then proceeded through at a point when a van was approaching from the left, the van travelling through a green light. Through internal investigation the police officer was found to be at fault receiving police driving sanctions.   

2. The parties have agreed a joint settlement meeting to explore settlement 

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

2. Pursuant to the MOPAC Scheme of Delegation dated October 2016, MOPAC must authorise settlements above £50,000.00, or those claims that are otherwise high profile or sensitive, according to the criteria set out in section 4.10 of the Scheme. 

3. 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. 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. 

5. Equality Comments 

1. 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 

6. Background/supporting papers 

1. Refer to Part 2 of the report.