Request for financial assistance for a serving DDO at inquest

The Deputy Mayor for Policing and Crime (DMPC) is asked to consider an application for financial assistance for the sum of £8,770.00 (excl. VAT) made by the Applicant for legal representation at inquest.

The DMPC has power to grant the application of £8,770.00 (excl. VAT) if she is satisfied that funding the Applicant’s legal expenses at inquest is likely to secure an efficient and effective police force.

The DMPC is asked to approve the application for financial assistance made by the Applicant for the sum of £8,770.00 (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 18 November 2016 a member of the public died while in police custody and an Article 2 inquest into the circumstances of the death will take place in Autumn 2018.

1.3. 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 that they exercised reasonable judgement. The facts provided by the Applicant in support of their representation for financial assistance are set out in the exempt report.

1.4. 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 solicitor acting for the Applicant has submitted estimated costs of £8,770.00 (excl. VAT)) for separate representation.

3.2 The cost of these legal fees will be met from the 1996 Police Act Expenditure budget found within Directorate of Legal Services (DLS).

4. Legal Comments

4.1. A conflict of interest arises between the Commissioner and the Applicant which gives rise to the need for separate representation and financial assistance for the Applicant for the reasons set out in the exempt report.

4.2. The DMPC 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. GDPR and Data Privacy

5.1. MOPAC has a legal basis under the Police Reform and Social Responsibility Act 2011, to hold the Commissioner to account for ensuring value for money. The processing of personal data has been minimised within this decision and is held within part 2 of the report.

6. Equality Comments

6.1. 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.

7. Background/supporting papers

7.1. MPS Exempt report