Request for financial assistance for legal representation

The Deputy Mayor for Policing and Crime (DMPC) is asked to consider an application for financial assistance of £39,720 (excl. VAT) made by the Applicant for legal representation at inquest.

The DMPC has power to grant the application of £39,720 (excl. VAT) if she is satisfied that funding the Applicants’ legal expenses in the proceedings is likely to secure an efficient and effective police force.

The DMPC is asked to approve the application for financial assistance made by the Applicant for the sum of £39,720 (excl. VAT) for the reasons set out in Part 2

1. Introduction and background

1.1. 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.

1.2. On 26 July 2014 a member of the public was restrained by Sussex police officers who had been called by a neighbour who had witnessed him push a female into a wall. This occurred near to an MPS officer’s home in Haywards Heath, Sussex. The MPS officer went out to assist the Sussex officers in the initial restraint and apparently alerted the Sussex officers to the danger of positional asphyxia, and was ‘stood down’ before the member of the public was placed in the police van. Tragically the member of the public later died.

1.3. A date for the inquest is yet to be set but it is anticipated to be scheduled for at least three weeks.

1.4. The Applicant 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 Applicant in support of their representation for financial assistance are set out in the exempt report.

1.5. The Commissioner’s position in relation to the Applicant’s representations for financial assistance are also set out in the exempt report.

2. Issues for consideration

2.1 For the DMPC to consider whether providing financial assistance will secure an efficient and effective Police Service.

3. Financial Comments

3.1 The solicitors acting for the officers have submitted estimated costs of £39,720 (excl. VAT) for the separate representation of the officer.

3.2 The cost of these legal fees will be met from the 1996 Police Act Expenditure budget found within DLS.

4. Legal Comments

4.1. There is no conflict of interest arising between the Commissioner and the officer, however the officer has been made an Interested Person at the inquest and the Commissioner has not, hence the need for financial assistance for the officer so they may be legally represented. Full details are set out in the exempt report.

4.2. The Deputy Mayor has delegated authority, under paragraph 4.9 of the Scheme of Delegation, to consider the current application for financial assistance.

4.3. 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”.

4.4 Home Officer Circular 010/2017 also states:

“The discretionary powers under paragraph 14 of schedule 1 to the PRSRA 2011 should also apply to police officers who were members of the force at the time of the action which gave rise to the claim, but who are no longer members at the time of the legal proceedings”.

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. Equality issues are not relevant to this application.

6. Background/supporting papers

• Exempt report