PCD 1465 Request for authorisation to settle a claim for damages against the Metropolitan Police Service (MPS)

PCD 1465 Request for authorisation to settle a claim for damages against the Metropolitan Police Service (MPS) 

The Deputy Mayor for Policing and Crime (DMPC) is recommended to approve the settlement of a claim for damages causing personal injury. 

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 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. This claim arises out of the Claimant’s allegations that he sustained psychiatric injury as a result of viewing IIOC during the course of his duties working in the OSCAE team (also known as SC&O40) between March and September 2018.   

2. The  Claimant alleges breaches of Regulations 3(1) and 3(3) of the Management of Health & Safety at Work Regulations in relation to a lack of risk assessment, Regulation 5 of the MHSWR in relation to failure to properly plan, organise, control or monitor measures to protect the Claimant’s psychological health, in breach of Regulation 6 of the MHSWR failing to ensure adequate ongoing health surveillance and various allegations in negligence with regard to failure to properly vet, induct or warn the Claimant in relation to the likely harm which could be caused when undertaking the role. 

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.