PCD 1492 Request for authorisation to make an interim payment in connection with the settlement of a claim against the Metropolitan Police Service (MPS)

PCD 1492 Request for authorisation to make an interim payment in connection with the settlement of a claim against the Metropolitan Police Service (MPS) 

The Deputy Mayor for Policing and Crime (DMPC) is asked to agree Directorate of Legal Services (DLS) request to fund the claimant’s rehabilitation for the reasons identified in the exempt report. 

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 Misfeasance in Public Office and Articles 2, 3, and 8 ECHR 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 claimant a 34-year-old black male brings a claim for assault, negligence and for breach of the Human Rights Act 1998 (Articles 3, 8 and 14 of the European Convention of Human Rights (ECHR)). The Article 14 ECHR claim is based on the proposition that the officers discriminated against the claimant in the way they dealt with him because he was a black male. 

2. The claim arises out of an incident that took place on the morning of the 4 May 2020 when an officer from the TSG tasered the claimant as he was on a wall attempting to escape from police officers. The claimant fell approximately six feet causing him to suffer permanent life changing injuries to his legs and spine. 

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. It is noted that the  claimant’s claim includes a claim for discrimination brought under Article 14 European Court of Human Rights. On the evidence the Commissioner does not believe that race had an impact in this matter.  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 

7. Refer to Part 2 of the report.