PCD 1239 - Request for authorisation to settle claims for damages against the Metropolitan Police Service (MPS)

PCD 1239 - Request for authorisation to settle claims for damages against the Metropolitan Police Service (MPS)

The Deputy Mayor for Policing and Crime (DMPC) is asked to approve the settlement of a claim for damages against the MPS. 

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. Notification has been received that claims are contemplated for alleged breaches of Articles 3, 8 and 14 of the ECHR. 

2. The claims are brought by the mother and father of Bibaa Henry and Nicole Smallman, who died on 6th June 2020 in Fryent Country Park, after being murdered by Danyal Hussein. The claims relate to the police investigation into this matter and the taking and sharing of images of the victims’ bodies by two police officers guarding the cordon.  

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, 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. 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.   

6. Background/supporting papers 

1. Refer to Part 2 of the report.