Claims under the Riot (Damages) Act 1886

Report: 9
Date: 15 September 2011
By: Director of Legal Services on behalf of the Commissioner

Summary

As of Tuesday 8 September the MPA had received more than 515 claims, at an estimated total value of £150.2m, under the provisions of the Riot (Damages) Act 1886 (RDA) following incidents within 28 London boroughs between Saturday 6 August and Tuesday 9 August (inclusive). The time-limit for filing claims has not yet expired and DLS advise that the majority of claims are probably yet to be made.

In light of the volume and high value of these claims, the Strategic and Operational Policing was asked to agree a process for their consideration and, where appropriate, delegation. It is proposed that the Full Authority does now ratify the agreed process.

A. Recommendations

That members

1. note a report received by the Strategic and Operational Policing Committee on 8 September 2011, attached at Appendix 1.
2. ratify the processes for claim handling agreed by the Strategic and Operational Policing Committee on 8 September 2011, as outlined at paragraphs 5 - 9 of this report (please note that these decisions vary from the recommendations outlined within Appendix 1).

B. Supporting information

1. The Chair of the MPA has agreed to table this report as ‘urgent’ for the purposes of the Local Government Act 1972, paragraph 100B(4b). The reason for urgency being that a robust process of claim-handling must be agreed upon, prior to the deadline for applications for compensation under the RDA being reached, in order to enable claims to be determined in a consistent, proportionate and timely fashion.

2. As is outlined in the terms of reference of the Metropolitan Police Authority, it is for the Full Authority to consider ‘those cases which require an Authority decision to settle a claim for compensation’.

3. In recognition of the special role played by the Strategic and Operational Policing Committee in relation to ‘significant’ compensation cases (outlined at paragraphs 23-25, Appendix 1 of the MPA Scheme of Delegation) and in light of the projected volume of claims to be considered by the Authority, it is proposed that the Full Authority does delegate, to the Strategic and Operational Policing Committee, the exercise of its powers in relation to claims made under the Riot (Damages) Act 1886.

4. The report at Appendix 1 was considered as an urgent item by the Strategic and Operational Policing Committee on 8 September 2011. The following members were in attendance for consideration of this item: Toby Harris (as chair), Tony Arbour, Chris Boothman, Jenny Jones, Joanne McCartney and Caroline Pidgeon. Subsequent to a discussion of the report the following processes were unanimously agreed:

5. (1) Members agreed that, for claims with a value up to £500,000 (whether insured or uninsured), authority is delegated to the Commissioner (acting through DLS) to investigate the claim, determine whether loss or damage was caused by a riot, and to fix the just level of compensation payable under the RDA.

6. (2) Members agreed that, for claims with a value of £500,000 or more (whether insured or uninsured), DLS will investigate and report to the Authority, and the Authority will determine whether loss or damage was caused by a riot, and fix the just level of compensation payable under the RDA.

7. (3) Members agreed that, for claims with a value up to £500,000 (whether insured or uninsured), an appeal against the determinations of the Commissioner (acting through DLS) may be brought to the Authority on the basis of: whether loss or damage was caused by a riot; and/or the just level of compensation payable under the RDA.

8. (4) Members agreed that, in accordance with MPA Standing Order 3.1.5, a panel composed of no fewer than three members of the Strategic and Operational Policing Committee, is to be established. The terms of reference for this panel will be to exercise all of the powers of the Authority in relation to: (1) claims made under the Riot (Damages) Act 1886; and, (2) appeals against determinations by the Commissioner of claims made under the Riot (Damages) Act 1886.

9. (5) Members agreed to delegate to DLS the authority to reject claims where they do not fall within the terms of the Riot (Damages) Act and associated regulations.

C. Other organisational and community implications

Equalities Impact

1. Outlined at Appendix 1.

Met Forward

2. Outlined at Appendix 1.

Financial Implications

3. Outlined at Appendix 1.

Legal Implications

4. Outlined at Appendix 1.

Environmental Implications

5. Outlined at Appendix 1.

Risk (including Health and Safety) Implications

6. Outlined at Appendix 1.

D. Background papers

• Appendix 1 - Claims made under the Riot (Damages) Act 1886 arising from incidents in central London between Saturday 6th August and Tuesday 9th August 2011 (inclusive)

E. Contact details

Report authors: Thomas Foot, MPA

For more information contact:

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

Appendix 1

Report presented to the Strategic & Operational Policing Committee on 8 September 2011

• Claims made under the Riot (Damages) Act 1886 arising from incidents in central London between Saturday 6 August and Tuesday 9 August 2011 (inclusive)

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