PCD 1434 Request for authorisation to settle claims for damages against the Metropolitan Police Service (MPS)

PCD 1434 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. 

PART I - NON-CONFIDENTIAL FACTS AND ADVICE TO THE DMPC 

1. Introduction and background 

1. The claims are brought for alleged breaches of Articles 2, 3 and 8 of the ECHR, negligence, misfeasance in public office, breach of the Equality Act 2010 and under the Law Reform (Miscellaneous Provisions) Act 1934. 

2. The claims are brought by various family members of the four deceased victims of convicted murderer Stephen Port (“Port”).  The claims relate to alleged investigative failings in relation to the homicide investigations of the deaths of the four victims.  

3. Two claims were settled in April 2022, one claim was settled in February 2023, and the remaining one claim is yet to be settled 

4. In December 2021, the Deputy Mayor for Policing and Crime commissioned HMICFRS to conduct an inspection into the way the MPS conducts death investigations to identify whether lessons have been learnt and action taken following these tragic deaths. The HMICFRS is expected to report in early 2023. 

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 

4. 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.  

5. 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. 

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

7. GDPR and Data Privacy  

8. The processing of personal data has been minimised as part of this decision and is held within Part 2 of the report. 

9. Equality Comments 

10. To continue policing with the consent of the population it serves, the police will always seek to treat everyone fairly and openly.   

11. Background/supporting papers 

12. Refer to Part 2 of the report.