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 £31,180.00 (excl. VAT) made by the Applicants for legal representation at inquest.

The DMPC has power to grant the application of £31,180.00 (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 Applicants for the sum of £31,180.00 (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 12 August 2016 Miss Donna Williamson was murdered by Kevin O’Regan. Prior to her murder O’Regan had come to the attention of police and the police officer acting as dispatcher at Met CC failed to identify he had live Bail Conditions not to contact Miss Williamson and not to enter the London Borough of Lewisham. Therefore police allowed O’Regan to go on his way and an hour later he murdered Miss Williamson.

1.3. An inquest is currently scheduled for 4-22 February 2019.

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 (endeavoured) to exercise reasonable judgement. The Applicant made an honest mistake in difficult circumstances and has expressed remorse and regret for his actions and fully accepted that he failed to identify the bail conditions. Further 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 there is a conflict of interests requiring separate representation and financial assistance and whether the 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 £31,180.00 (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. A conflict of interest arises between the Commissioner and the officer which gives rise to the need for separate representation and financial assistance for the officers for the reasons 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”.

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