The role and work of the Directorate of Legal Services (DLS)

Report: 19
Date: 9 July 2009
By: Director of Legal Services on behalf of the Commissioner

Summary

The 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 focuses on the end of the financial year outcomes and updates on the activities that DLS are undertaking.

MetLaw reception desk

2. 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 the provision of legal advice. Previously, business groups had selected, instructed and paid external lawyers direct.

3. In its first eight months the desk has taken 3,000 calls and has dealt with 544 cases. MetLaw holds statistical and financial information on external suppliers to enable Business Groups and the MPS to monitor legal spend and analyse trends. All external legal suppliers have been audited by DLS as to work quality and fee charging, to ensure that the MPS are receiving value for money. DLS’ role is not only to monitor performance and spend but also to liaise when necessary between other MPS departments and external suppliers so that the client department’s needs are clearly communicated and focused instructions provided. On a number of large MPS projects DLS support the legal work by an internal lawyer ensuring that specialist external suppliers are not engaged to duplicate work undertaken elsewhere and are used only where their specialist skills are required. This allows DLS to ensure that the MPA/MPS interests are safeguarded. The MetLaw initiative will hopefully assist other MPS departments to identify savings in their operating budget.

4. The MetLaw reception desk was preceded by a procurement exercise for external suppliers, previously reported upon. A function of the MetLaw team is to ensure that work is allocated to the correct external supplier, that work is allocated fairly as between suppliers, and that pressures to use suppliers who were not successful in the procurement exercise are resisted unless there is a compelling business case that this is necessary.

Claims handlers work

5. The work of the claims handlers (previously known as Accident Claims Branch) was fully incorporated into DLS in July 2008, coinciding with the move of DLS into NSY. The claims handlers deal with all claims made against the MPS by employees and members of the public arising from motor vehicle accidents, employers, occupiers and public liability issues, with the exception of Employment Tribunal (ET) and malfeasance claims, up to the issue of civil proceedings. They also initiate claims against third parties for damage caused to police property and vehicles. Below is an explanation of the generic accident claims process:

• For traffic claims, all accidents involving police vehicles are registered on the POLCOLL database. A claims handler will check the database each morning and, using the traffic sergeant's report, determine if the accident was the fault of the police driver (capture), not determinable (split liability) or the fault of the third party (recovery). For capture cases, the handler will arrange hire vehicles and deal with any personal injury claims under the supervision of a lawyer. For recovery cases, letters will be sent to the third party to recover any costs incurred by the MPS in relation to that accident (i.e. repair costs and loss of use). All other cases where liability has not been agreed proceed using the agreed protocols.
• Employers Liability (EL) covers cases where it is claimed by officers and members of MPS staff that slips, trips, accidents (including training accidents) etc have happened due to negligence on the part of the MPS. These claims are thoroughly reviewed before any decisions on liability are made. Investigations will include taking witness statements, visiting the site of the accident and considering a claimant’s medical history. Public Liability (PL) - injuries caused to members of the public - are dealt with in much the same way.
• The EL/PL team also deal with forced entry claims and claims for damage to prisoner’s property. In all such cases, claimants are asked to write to DLS and explain why they feel the MPS are liable for their loss.

Supporting MPS priorities

6. DLS are involved in a number of MPS priorities for example:

• Preparing for the 7/7 Inquest
• Supporting the MPS in its increasing focus on corporate governance
• Assisting the MPS to prepare for the London Olympics
• Continuing to support work related to Counter Terrorism
• Dealing effectively with Child Wardship cases connected with Disclosure
• Providing advice on all aspects of MPS work

Lexcel accreditation

7. In January 09 DLS successfully retained the Law Society’s Practice Management Standard Lexcel Accreditation. DLS is preparing to update its working practices to enable them to meet new standards required by the revised Lexcel scheme, which will apply at the next renewal.

Statistical Information for Financial Year 2008/2009

New Cases received by DLS in Financial Year 2008/09 (excluding claims handlers – see below)

	Number of New Cases Received
Advice Work (all areas)	1,740
Civil/Threatened Action related work (excl. Advice Work)	607
Employment Related work (excl. Advice Work)	139
Safer Neighbourhoods related work (excl. Advice Work)	734
Other Work (excl. Advice Work)	510
Total	3730

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

9.

Safer Neighbourhoods (excludes Advice Work)

	Number of Cases Handled by DLS
	2004/05	2005/06	2006/07	2007/08	2008/09
Threatened/Anti Social Behaviour Orders	45	31	50	32	47
Threatened/ Sex Offender Orders	50	41	72	43	37
Football Banning Orders	24	23	27	23	26
Children & Wardship	112	124	136	279	538
Closure Orders	42	71	61	88	86

Proceeds of Crime (POCA) - money seized and forfeited (excludes POCA Advice Work)

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

Financial year	No. of POCA cases	Total No. Forfeitures	Total Forfeited £
2004/05	205	97	2,197,770
2005/06	273	125	4,800,017
2006/07	330	167	6,019,296
2007/08	140	118	1,551,440
2008/09	137	86	2,650,085

Civil and Threatened Actions - Awards and Settlements

• (as reported in the Commissioners Annual Report 2008/09)

	Number of Cases
	2006/07	2007/08	2008/09
Actions Received
Civil Actions	78	108	132
Threatened Actions	446	400	504
Number of Threatened & Civil Action Cases Settled
Settled Civil Actions	48	57	44
Settled Threatened Actions	85	83	89
Court Awards	5	4	0
Settlement Amount £
Settled Civil Actions	1,057,828	508,299	723,883
Settled Threatened Actions	274,603	392,376	492,808
Court Awards	62,500	16,000	0

(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

Financial year	No of cases	Won	Lost	Success rate
Civil Actions
2005/2006	17	13	4	76%
2006/2007	18	13	5	72%
2007/2008	12	9	3	75%
2008/2009	4	4	0	100%
Employment Tribunals
2005/2006	7	5	2	71%
2006/2007	9	8	1	89%
2007/2008	8	6	2	75
2008/2009	16	14	2	88

Claims handlers Statistics - Registrations Received

2008/2009
Traffic Claims	1,772
Employer’s Liability	125
Public Liability	1,954

Total Amount Recovered against third parties for damage to Police Vehicles (POLCOLS)

• 2005/2006 - £597,785
• 2006/2007 - £571,828
• 2007/2008 - £783,032
• 2008/2009 - £967,239

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.

No. of Advices

• 2005/06 = 2,028
• 2006/07 = 2,108
• 2007/08 = 2,066
• 2008/09 = 1,998

Organisational learning

10. DLS where possible assists with organisational learning such as:

• Following a result of a recent Inquest that involved the way in which Police pursue motorcycles, guidance has been drafted by DLS and Traffic Officers, to all pursuit drivers in the MPS, as to when they can justifiably resume/continue a pursuit of a motorcycle. DLS will also now advise on the general policy of pursuits when the Standard Operating Procedure is reviewed.
• Following an incident DLS provided advice as to whether Schools Liaison Officers should be able to use, in addition to their existing police powers, powers given to teachers and others under section 93 of the Education and Inspections Act 2006 (‘the Act’) and in particular whether the Act extends to police officers acting in the capacity of Safer Schools/Schools Liaison Officers under section 93 of the Act using force to restrain pupils whilst they are working in schools/on school premises. The advice was disseminated to all officers working within Safer School Partnerships.
• DLS are committed to providing claims reports to Business Groups containing key information about all the public liability claims that have been coded for their Business Group. These enable Business Groups to interrogate and identify trends and where appropriate, take mitigating action to ensure future incidents are reduced in terms of frequency and/or severity.

Partnerships and networking

11. 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 foster effective working relationships. There are regular networks such as links with the Government Legal Service, GLA Heads of Law and Employment Lawyers Network and the Association of Police Lawyers (APL). DLS are continuing their discussions with other agencies and the Court Service to tackle issues on Child Wardship cases connected to disclosure. Internally within the MPS Legal Surgeries are being held with various clients in the HR directorate.

Promoting DLS

12. The Director has in the past year promoted the work that DLS is undertaking so that there is a better understanding of the role which DLS plays within the MPS. This has been achieved by:

• Accepting an invitation to give a presentation at the In-house Counsel Legal Conference to speak about MetLaw
• Edward Solomons was listed as one of the “Hot 100” lawyers mentioned in the “The Lawyer” magazine
• In February 2009 an article appeared in The Lawyer based on the challenges facing the MPS Legal Directorate.

DLS Training/Seminars

13. DLS continues to be involved or provides in-house training/seminars for MPS staff on a number of areas of work e.g. HR workshops, Public Order.

Work Related Matters of Interest

14. DLS have been involved in aspects of a number of high profile and sensitive cases which have received media attention such as Damian Green, Baby P, de Menezes Inquest, MPs’ Expenses, and high profile employment tribunals involving senior officers.

15. DLS have also dealt with other cases illustrating the breadth of the work undertaken by DLS:

• On 8 June the High Court in Belfast ruled that a number of key members of the Real IRA were responsible for the Omagh bombing atrocity in which 29 civilians were killed. This landmark ruling is the first time that a civil claim, brought by the families of the victims of terrorism, has succeeded against terrorists when a criminal prosecution has failed. DLS advised the Counter Terrorism Command on what material could be disclosed to the court and arranged for a number of MPS officers to give evidence.
• In line with MPA/MPS governance strategy DLS are involved in a number of governance initiatives such as the work associated with MetLaw (procurement issues and running of the external supplier contracts). DLS have also taken a more proactive role in the report process. DLS now draft or approve legal implications sections in reports to Management Board, Contracts Board, Investment Board as well as MPS reports submitted to the MPA.
• The Director of Legal Services now attends monthly Management Board meetings as legal adviser.
• DLS were part of a strategic alliance team between the MPS and UK Border Agency (UKBA) to remove people from immigration-related crime. This innovative operation involved using existing legislation to identify, prioritise and ultimately expel foreign nationals who are violent and causing serious harm within UK communities. Previously, only foreign nationals who had met a threshold of having received a prison sentence of at least 12 months during a five-year period were considered for expulsion from the UK. A man recently deported was a member of a London gang heavily involved in firearms, drugs and serious violence.
• DLS were involved in an urgent application for a Forced Marriage Protection Order before a Judge in the High Court when an 18 year old woman had been taken to Somalia by her father and stepmother. She had previously unsuccessfully attempted to leave the family home. There were fears that she might be subjected to a forced marriage or to violence, either as punishment for the dishonour of attempting to leave home or by way of female genital mutilation. The Order was successful and a power of arrest was granted.
• £153,000 cash was seized and detained pursuant to Sections 294 and 295 of the Proceeds of Crime Act 2002. The claimant’s reason for bringing the money into the country was that she ran a foreign exchange company. The MPS’ application was dismissed but the Judge decided that the MPS would not pay the claimants costs on the basis that the case had been properly brought by the police. The claimant brought a Judicial Review of the Judges’ decision not to order costs to the claimant. The decision of the Judicial Review was very important to the MPS as a liability to pay costs of properly brought, but unsuccessful, POCA forfeiture applications would be a factor that would discourage the bringing of claims and involve substantial potential liabilities. The result of the Judicial Review was in favour of the MPS. The High Court found that a Magistrates’ Court in determining whether to make an award of costs against the police under Section 64 Magistrates’ Court Act 1980, should consider whether police had acted honestly, reasonably, properly and on grounds that reasonably appeared to be sound in the exercise of their public duty when making the application for forfeiture.
• The G20 disturbances have further raised the profile of public order policing. This increased the significance of the last remaining claim from the Mayday 2001 incident. Marie Ambroisine attended the Mayday 2001 protest in central London with her boyfriend. They arrived after the Oxford Street containment was put in place and ended up in front of a police line, in a containment in Holles Street at the junction with Oxford Street. Ms Ambroisine was struck by an officer repelling a crowd push and sustained a broken arm. The judge expressed sympathy with the claimant who was “in the wrong place at the wrong time” but she was the “unfortunate victim of a perfectly lawful use of force against her in a situation where the police were carrying out a very difficult and heavy duty to uphold law and order in a situation of very great difficulty indeed.” The claim was dismissed.
• Following the publication by the media of membership lists of extreme political groups, DLS were asked to give urgent advice regarding the appropriate action to be taken against members of police staff and a Special Constable whose names appeared on the lists. Whilst the position of police officers is set out in the Police Regulations 2003, the position of police staff was not clear. DLS gave urgent advice regarding imminent proposed suspensions and advised on the best way to achieve zero tolerance regarding police staff's membership of extreme political groups.
• In concert with external solicitors, DLS has advised on the governance and procurement implications of a proposal for the MPA to provide a system for secure e-mail, telephone and video conferencing CT communications for use throughout British policing.

C. Race and equality impact

1. DLS is aware of the importance of considering equality issues within decision-making processes to assess the impact any decision will have 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 that we undertake.

3. 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

4. DLS SMT comprises 2 men and 3 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.

5. 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 on such occasions as school holidays.

D. Financial implications

No decision with financial implications is sought.

E. Background papers

None

F. Contact details

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

For information contact:

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

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