Authorisation to settle a claim for damages against the MPS

The Deputy Mayor for Policing and Crime (DMPC) is asked to approve the settlement of a claim against the MPS for alleged breaches of Articles 2, 3 and 8 of the ECHR, negligence, and assault and battery pursuant to the Law Reform (Miscellaneous Provisions) Act 1934.

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

The Deputy Mayor for Policing and Crime (DMPC) is asked to approve the settlement of a claim for damages 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 a civil claim where it would be conducive to the maintenance of an efficient and effective police force.

1. Introduction and background

1.1. The claim for damages are brought for alleged breaches of Articles 2, 3 and 8 of the ECHR, negligence, and assault and battery pursuant to the Law Reform (Miscellaneous Provisions) Act 1934.

1.2. The claims are brought by various family members of Kevin Clarke, who died on 9th March 2018 following restraint by police. The claims relate to alleged failings by officers who restrained Mr Clarke and conveyed him to an ambulance.

2. Financial Comments

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

3. Legal Comments

3.1. 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.

3.2. Pursuant to the MOPAC Scheme of Delegation dated October 2016, DMPC 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.

3.3. 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

4.1. 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

5.1. 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

6.1. Refer to Part 2 of the report.