Question to the Authority

Report: 4
Date: 29 May 2003
By: Clerk

Summary

Members are requested, in accordance with the Authority’s Standing Orders, to hear a question from Mr Duwayne Brooks. The Clerk will give the Authority’s response at the meeting.

A. Recommendation

That the Authority hears the questions set out below and responds in accordance with Standing Orders.

B. Supporting information

1. A question has been received from Mr Duwayne Brooks, as follows:

“ When there is a serious violent crime the police must take care to assess who is the victim and to treat the victim with reasonable respect and courtesy and give the victim appropriate support and assistance. They must give reasonable weight to the victim's account of what happened. This is common sense.

They are also principles established by the Court of Appeal last year in my case against the Commissioner of Police for the Metropolis. I take it, in light of Lord Harris's claim that the MPA is proud of its role in improving the assistance given to victims of crime that they are principles the MPA agree with. I'd be grateful if the MPA could explain why they do not, if my assumption is wrong.

The Court of Appeal allows such victims to enforce those basic rights in the Courts if the police fail them and if we have suffered psychiatric damage as a result. So in reality although my case has established the principles, only a handful of people - a tiny minority of victims of serious violent crime - are entitled to go to Court to enforce them.

The Commissioner is spending tens of thousands of pounds fighting me in the Courts to defeat these principles, he is now proposing to spend tens of thousands more appealing to the House of Lords to overturn them. Meanwhile my life is kept on hold, more than ten years after the attack, while this legal battle is fought out. At the same time the Commissioner has spent about £320,000 paying off Mr and Mrs Lawrence so that their claim based on much the same principles did not reach the Courts.

Why is the MPA failing to adopt these principles with open arms, and allowing the Commissioner to treat my claim with such hostility compared to the manner in which the Lawrence's claim was treated?”

2. Standing Order 15 sets out the process for receiving questions at Authority meetings:

‘15. Questions from the Public

1. Any member of the public may ask questions of the Police Authority which are relevant to its business. However, to allow an opportunity to obtain any information sought in order that a meaningful response may be given, written notice should be given to the Clerk to the Police Authority not less than 14 days before a meeting of the Authority.
2. As soon as such questions are received, the appropriate officer(s) involved in responding should be given a copy and requested to prepare an answer. Every reasonable effort should be made to ensure that questions are answered fully but concisely.
3. Any question(s) shall be included on the agenda for the meeting, in the order of receipt, as the next item of business after the approval of the minutes of the last meeting, and must be addressed to the Chairman. The Chairman will then invite the appropriate officer or Member of the Authority to respond. All questions shall be put and answered without discussion. Arising from such questions if Members want a report, or an issue to be debated, then they must use existing procedures to ensure that at the following meeting the item is raised.
4. With regard to those questions that involve the disclosure of exempt information, if part of the answer can be given in public, then that should be done. However, if that is not the case or the answer is clearly inadequate, then the questioner must be told that there will be no answer available and why, prior to the meeting, and the question will not be put on the agenda.
5. The person asking the question shall be given the opportunity of attending the meeting to put the question, but if not present the answer as reported to the Authority shall be sent to such persons following the meeting. If the questioner is in attendance the appropriate officer and/or Member shall meet, him or her the questioner to discuss any further concerns he or she may have and to clarify any answer given, if necessary.
6. The Chairman may use discretion to limit the number of questions asked by members of the public in order to avoid disruption of the business of the Police Authority. In any event the total time allowed for public question and answers shall not exceed 30 minutes. A maximum of three questions per person per year may be heard. Any questions that remain unanswered within the timescale shall receive written responses only.’

C. Equality and diversity implications

None related to the process of receiving questions from the public.

D. Financial implications

None related to the process of receiving questions from the public.

E. Background papers

None.

F. Contact details

Report author: Simon Vile, MPA.

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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