The role and work of the Directorate of Legal Services

Report: 8
Date: 13 November 2008
By: the Director of Legal Services on behalf of the Commissioner

Summary

The Coordination and Policing Committee resolved that it should receive twice-yearly reports on the role and work of the MPS Directorate of Legal Services (DLS). This is DLS’ end of year report to bring to the attention to the Committee issues relating to DLS performance, its working relationships and its links with the key objectives/priorities of the MPS.

A. Recommendation

That the report be received.

B. Supporting information

1. This report has been constructed to assist new MPA committee members to gain a better understanding of the role and work that DLS undertakes for the MPS.

Areas of work carried out in-house by DLS

• Child Protection
• Civil Claims
• Copyright
• Covert Operations/RIPA
• Criminal Justice & PACE
• Data Protection
• Disclosure
• Employment Advices
• Employment Tribunals
• Firearms Operational
• Forensic Medical Examiners
• Freedom of Information
• Gaming, Betting & Lotteries
• General Policy & Operational
• Advices
• Health & Safety
• Human Rights Act
• Informants
• Inquests
• International Co-operation
• Judicial Reviews
• MetLaw – dealing with all External legal suppliers
• Duty Lawyer Scheme
• Corporate Governance
• Licensing
• Mediation
• Medical Retirements
• Mental Health
• Misconduct & Complaints
• Neighbourhood Policing including:
• Football Banning Orders
• Anti-Social Behaviour Orders
• Civil Orders under the Sexual Offences Act 2003
• Closure Orders
• Dispersal Notices
• Police Governance
• Proceeds of Crime Act
• Property/PPA/Interpleaders
• Public Inquiries
• Public Order
• Road Traffic
• Special Services/PFI
• Terrorism advice
• Claims Handling
• Traffic
• Employer’s Liability
• Public Liability

Review of External Legal Services

2. Before May 2008, not all of the MPS’s legal work was overseen by DLS. This was in part due to the historic division of responsibilities as between the offices of the Commissioner and the Receiver. In February 2007, Management Board agreed that DLS should assume this responsibility and that all requests for legal assistance whether dealt with internally or by external suppliers should be submitted through the DLS gateway. The business case for the change focused on maintaining and improving the work quality whilst reducing costs wherever possible and improving corporate governance.

3. A procurement exercise was undertaken in order to put in place call-off contracts for legal work that could not be handled internally by DLS. The work was divided into five lots: (1) Residential conveyancing (occupied Premises), (2) Residential conveyancing (vacant possession), (3) Property, estates and construction, (4) Commercial and (5) Litigation. The procurement exercise was closely overseen by DLS who had discussions and meetings with the MPA representatives to ensure that contracts placed would meet MPA requirements.

4. The division of the lots (and sub-lots) was created to ensure that it attracted firms of all different sizes and a diverse range of suppliers, including geographical diversity especially for transactional work, subject only to the usual procurement requirement of relevant experience, resilience and price. DLS were thanked by Dr Parveen Sharma, Head of Career Development and Diversity in the Law Society for the efforts made by the MPA/MPS to “widen supplier diversity”.

5. Contracts were awarded in June 2008 for a fixed period of 4 years. Charging rates (hourly and other fixed fee rates) are fixed for the duration of the contracts.

MetLaw Reception Desk

6. MetLaw was launched in May 08. It provides a one-stop gateway for access to all MPS legal services, internal and external. The aims and objectives of MetLaw are to deal with requests for legal work in an easy and non-bureaucratic way, improve quality, reduce costs: facilitate and monitor cases.

7. Quality of service delivery is achieved through the selection of specialised solicitors for each lot and sub-lot, and through in-house monitoring on a dip-sampling basis. Cost is controlled because each case has a reviewable costs cap and costs exceeding the cap will not be paid without authorisation. DLS lawyers can be involved in monitoring instructions to external firms in larger or more complicated matters. This avoids duplication and restricts external solicitors to matters for which specialist expertise is needed. Control is improved by computer reports on cost caps, actual costs, the nature of work having been undertaken, what is outstanding and the identity of the solicitors involved. Administrative time is saved elsewhere in the organisation in choosing solicitors and preparing instructions. There are also substantial improvements in corporate governance by the procedures being introduced by MetLaw.

Claims Handlers Work

8. The claims handling work carried out by the former Accident Claims Branch which includes road traffic, employer’s liability, and property loss and damage claims, was fully amalgamated into the DLS structure in August 2008 to coincide with a decision that all legal work should be with DLS and DLS’ accommodation move to New Scotland Yard.

Role of DLS

9. DLS see their role as “To ensure the cost effective provision of an agreed range of high quality legal services to the MPS that best supports its aims and priorities within a framework of agreed resources. To provide appropriate representation in the courts, tribunals and inquiries to give effective support to the MPS and its staff. To provide support and advice as required on specific policing and HR issues, including the handling of individual cases, to ensure the legal and public acceptability of policy and practice. To professionally manage the provision of external legal services”.

Supporting Front Line Services

10. The Key Areas of Work for the DLS Business Plan for 2008-11 reflects how DLS aims to support front line policing and the corporate centre by wherever possible participating in the initiatives and priorities of the MPA/MPS. For example:

• Proposals to alter the inquest system in the Coroner’s Reform Bill’;
• Providing specialist advice as to the impact of the Corporate Manslaughter and Homicide Act upon the police service;
• Assisting the MPS in meeting the challenge of the MPS, Transforming HR programme;
• Providing balanced employment advice to assist the MPS with sensitive diversity issues.
• Preparing for the 7/7 Inquest;
• Advising with any issues arising from the de Menezes inquest;
• Supporting the MPS in its increasing focus on corporate governance;
• Assisting the MPS to prepare for the London Olympics

11. DLS conducts a wide range of work in-house (Paragraph 1 above) and to deal with the differing demands and diversity of the work specialist lawyers lead on different areas of work. Their role is to ensure that DLS is apprised of relevant legal developments and any legislative changes and to alert appropriate units/departments within the MPS of those changes and their impact, organise/provide training and/or set up seminars covering subjects such as the impact of decision making and lessons learnt. It is also their role to establish communication networks and to assist other lawyers to ensure that there is succession planning, their knowledge is shared and passed on. DLS have identified that in some specific areas of work e.g. in Counter Terrorism it is important that there is resilience and to have the ability to react on a 24/7 basis. In these instances, DLS have set up specialist teams.

Organisational Learning

12. DLS is part of the MPS Organisational Learning framework. DLS communicates organisational learning to other parts of the MPS so that policies and working practices can be improved. For example:

• DLS works in partnership with Operation Jigsaw Headquarters to monitor, collate and disseminate good practice to all boroughs in relation to advice and other local matters relating to Multi-agency Public Protection Arrangements (MAPPA) offenders and Part 2 of the Sex Offenders Act 2003.
• DLS has been one of the main contributors in liaison with SCD5 in launching the Police and Family Disclosure Protocol. This protocol was introduced to improve communication and relationships between the Police, local authorities, the courts and the health and education services. The Protocol has been adopted nationally. The protocol features on the Ministry of Justice’s website.
• DLS passes lessons learnt in civil actions to the Civil Actions Investigation Unit (CAIU). The CAIU will analyse the information and identify whether improvements can be made within the MPS family. Where appropriate the CAIU will be proactive in taking action. Examples of this are assisting to design the Evidence and Action Book (EAB) to tackle reoccurring issues, Corporate guidance on Arrest Powers that covers arrest notes, arrest powers and arrest warrants, and explaining to officers that they need to be able to justify the force that they have used and how it should be clearly documented.
• The DLS Employment Group produces a monthly Employment News for HR practitioners, which captures learning points from employment tribunals and recent case law and is available on the DLS intranet site.

Lexcel Accreditation

13. Lexcel is the Law Society’s Practice Management Standard. In our last report, we noted our success in achieving this accreditation following an independent audit process. In May 2008 Andrew Holroyd, President of the Law Society, formally presented the award to DLS.

Developed Vetting

14. In order to facilitate a high quality service to the Counter-Terrorism Command and other parts of the MPS who handle secret intelligence a cadre of lawyers (including the Director and Assistant Directors) have received Developed Vetting clearance.

15. New Cases received by DLS in Financial Year 2007/08

Table 1: New Cases received by DLS in Financial Year 2007/08

Statistical Information

16. The statistics below have been selected as specifically linked to front line policing activities and MPS priorities

Safer Neighbourhoods (excludes Advice Work)

Table 2: Number of New Cases Received

Proceeds of Crime (POCA) - money seized from forfeitures (excludes Advice Work)

(Please Note: Financial figures below give totals that include £ values of foreign currency)

Table 3: Number of New Cases Received

Civil and Threatened Actions - Awards and Settlements

(as reported in the Commissioners Annual Report 2006/07)

Table 4: Number of Civil and Threatened Actions Received

Table 5: Settlement costs of Civil and Threatened Actions

(Please note that statistics in respect of Employment outcomes are supplied to the MPA by the Employment Tribunal Unit)

Success Rate for Trials and Hearings

Table 6: Civil Actions

Table 7: Employment Tribunals

Duty Lawyer Scheme for MPS Police Officers and Police Staff

This is a telephone advice scheme operated for MPS officers and staff, for all work-related issues.

Table 8: Duty Lawyer Scheme

Partnerships and Networking

17. DLS are involved in a number of partnerships and networks to ensure that the interests of the MPS are represented and that opportunities are taken for collaboration on projects and initiatives which can avoid duplication, reduce cost/time and foresee effective working relationships. Examples:

• DLS is currently involved through the Association of Police Lawyers (APL) in responding to a Law Commission Consultation Paper on Administrative Redress Against Public Bodies. The Law Commission proposals include widening liability under a new system of ‘Modified Corrective Justice’. Directorate of Professional Standards are providing input and DLS together with the APL continue to consult with the Law Commission and Government representatives including the Ministry of Justice. The APL stance is supported by ACPO.
• Following a significant increase in Child Wardship cases connected to disclosure, DLS is taking the lead in liaising with other agencies to promote the ACPO protocol
• Representatives from DLS and the Directorate of Professional Standards (DPS) have met with the claimant solicitors Police Action Lawyer Group to assist in improving working relationships in the future.
• The Director is a member of the Board of the Solicitors Regulation Authority. He is standing down as Chair of its Rules and Ethics Committee.
• The Director maintains regular links with senior lawyers in the intelligence agencies and the Government Legal Service.
• DLS is a member of the GLA Family Employment Lawyers Network, which facilitates information exchange and the sharing of working practices.
• The Director and other senior managers in DLS are committee members of the Association of Police Lawyers. The Director is a member of ACPO.
• HR Legal Surgeries are being held with HR Practice Managers and the dedicated Fairness at Work Advisors to address any particular area of concerns, HR issues and to maintain good communication links.

DLS Training

18. DLS has given and participated in a number of training initiatives for the MPS for example:

• DLS took part in a one-day training session for Civil Action Liaison Officers (CALOs) from all Boroughs and Specialist Crime Directorate. The training session was organised and presented by the Directorate of Professional Standards and DLS. The training session covered a variety of issues to assist CALOs to complete factual reports and deal with related matters.
• Training is provide to officers who are going to be working for Operation Jigsaw, which is the MPS work relating to the prevention and detection of sexual offending. The training gives the officers an understanding of the legislation relevant to their work and the powers they have to achieve their aims.
• HR training seminars are held with various boroughs and other Directorates within the MPS.

Accommodation

19. Staff within DLS maintained continuity of service to its client departments throughout the course of moving from accommodation in Wellington House to NSY.

Work Related Matters of Interest

20. High profile case that DLS are presently involved in and which have attracted media attention includes de Menezes inquest and employment issues relating to senior police officers. Below is a selection of other cases that DLS are involved in to illustrate the breadth of work that the Directorate undertakes:

• Pier One is a nightclub in Hackney with a history of numerous complaints by local residents. DLS utilised the Licensing Act 2003 to close the premises. DLS and police officers were supported and worked in partnership with the London Borough of Hackney and the residents who were interested parties. The proceedings were successful and the actions of the police approved by the Crown Court in the form of a very supportive judgment from HH Judge Brasse. The residents have thanked the individuals concerned from the MPS and the premises remain closed.
• A 9 year old applied for a shotgun license. The Central Operation Directorate (CO) was concerned at agreeing to a shotgun certificate to a child under the age of criminal responsibility. The relevant legislation however does not provide for a minimum age to apply. CO refused the certificate and the child appealed supported by a shooting society. The appeal was subsequently withdrawn.
• DLS represented the Commissioner at an inquest where the Pathologist had concluded that the cause of death was due to failure (by the officers) to place the deceased in the recovery position. After a lengthy inquest lasting 6 days, the Jury took the unusual step of rejecting the conclusions of the Home Office Pathologist as to cause of death and instead concluded that the cause of death was renal failure. The jury's narrative exonerated all the police officers of negligence.
• DLS advised on various legal aspects connected to the Body Worn Video (BWV) project before commencement of a trial stage at four boroughs. The MPS wanted to take the opportunity to formally test the equipment across a large number of users as previous experience has suggested that there are potentially a number of operational benefits to be gained from BWV.
• Operation Rize - For over two years DLS have been advising on the legal options and evidence in relation to proposed searches of properties at safe deposit offices. It applied on behalf of officers for search warrants, which were granted. Police executed search warrants at a number of premises belonging to a safe deposit company, seizing all the safe deposit boxes from three sites, which totalled approximately 3,700. A large amount of cash estimated at £53.8m, a gun, pornographic material and drugs was found in the boxes. A massive endeavour has been ongoing to identify innocent box holders and restore their belongings but the main investigation continues. DLS are responding to three judicial review challenges to the warrants and seizure of property belonging to box holders, and representing the Commissioner on a large number of cash detention/forfeiture applications under the Proceeds of Crime Act 2002 where large sums of cash were found in boxes. A number of these have been over £1m. DLS are also advising the senior investigating officer on a number of operational issues.
• DLS managed to obtain an Anti-Terrorist Traffic Regulation Order (ATTRO) in respect of Downing Street to provide a better legal framework for police controlling access to this public street and enhance security measures. This involved negotiating with the Privy Council whose entrance is within Downing Street, to ensure access to the Court for those who legitimately require it.
• DLS have been advising on submissions to the Parliamentary Joint Committee on the Draft Constitutional Renewal Bill in relation to the proposed repeal of the statutory scheme for controlling demonstrations around Parliament, and what if anything, that should be replaced with. DLS also attended the meeting with a senior police officer when he gave evidence to the Committee. Others giving evidence were Kit Malthouse for the GLA and Dean Ingledew for Westminster Council. The Committee reported at the end of July and charged the Home Office with putting together proposals for the bill. All three agencies are now engaged with the Home Office on the development of those proposals, DLS are still advising and attending with senior police officer’s, as DLS have not only the historical knowledge of the legal challenges to the existing legislation but also can advise on the implications of the various options.
• DLS have dealt with two child disclosure cases connected to a major international police operation regarding the trafficking to the UK of Roma children from Romania. These children are ruthlessly exploited by organised criminal networks, forced to steal, pickpocket, burgle and beg, and treated abominably in conditions akin to slavery. The children’s' own parents are also in the clutches of the criminal gangs. Police raids on 15 properties found 211 Roma people living there, of which there were 60 children unknown to the authorities and not in education. When the children were taken into care, the High Court ordered police to disclose documents and information, some of which could have compromised the wider investigation and put other children at risk of similar treatment. Police also wished to oppose any contact between the children and their parents, as there was good reason to fear that the children would be forced to run away and be re-deployed elsewhere. DLS intervened in the family proceedings and provided representation for the senior officers and arrived at a sensible compromise regarding disclosure and contact, which addressed these issues and maintained the integrity of the investigation.
• DLS advised on the conditional caution given to Hans and Eva Rausing, the 'tetra-pak' millionaires who had taken controlled drugs into the US Embassy. This received widespread media comment.
• DLS successfully carried out the advocacy in rapidly dealing with the closure of a pub and expediting a license review connected to two notorious youth gangs who frequented the pub and who had been linked to a murder of a 16-year-old boy. Police had received some intelligence that one of the gang may have been planning a revenge attack in or near the pub. The outcome was that DLS suspended the licence due to its association with serious crime; the pub was subsequently permanently closed.
• DLS advised on civil aspects of the Cash for Honours Enquiry.

C. Race and equality impact

1. DLS is aware of the importance within any decision-making process of always giving consideration to race and equality issues that will impact on the MPS and/or the general public or other external bodies/organisations.

2. Care is taken to respect and accommodate the diverse backgrounds, beliefs, cultures, religion and any disabilities of individuals whether they are parties, witnesses or otherwise involved in the work, which we undertake.

3. Our panels of external counsel and experts are reviewed to ensure, so far as possible, that women are appropriately represented and that they reflect the ethnic diversity of communities within London.

4. DLS strives to reflect the commitment made by the MPS to Equality in all areas including its staffing profile. This commitment can be demonstrated as follows:

• 31% of staff come from a minority ethnic community
• 7% of staff are disabled
• 19% have part -time working
• 58% of the Directorate are women

5. DLS SMT comprises two men and three women. One of the women is the senior female member of police staff from an ethnic minority community in the MPS. In addition to the formalised part time working detailed above, all DLS staff have a flexible working pattern of either flexi-time, where additional hours can be accrued, or flexible working, which provides flexibility around the start and finish times within the normal working day.

6. Flexible working is used by DLS staff to meet such needs as child-care commitments, carer responsibilities and to maintain a work/life balance as well as being used for short periods in such occasions as school holidays.

D. Financial implications

No decision with financial implications is sought.

E. Background papers

None

F. Contact details

Report author(s):  Edward Solomons, Director of Legal Services and Franca Oliffe, Assistant Director (Management & Support)

For information contact:

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

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