The role and work of the Directorate of Legal Services

Report: 14
Date: 1 July 2010
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 Committee’s attention issues relating to DLS performance, its working relationships and its links with the key objectives/priorities of the MPS.

A. Recommendation

That

1. Members note the contents of this report.
2. Members approve the recommendation that the timing of the report be changed from six monthly to annually.

B. Supporting information

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

Supporting MPS Priorities

2. DLS continues to be involved in a number of MPS priorities for example:

• Support Safer Neighbourhood policing;
• Supporting the Coroner and 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; and
• Providing legal representation and advice on all aspects of MPS work.

Lexcel Accreditation

3. In January 2010 DLS successfully passed the second annual maintenance visit in respect of the Law Society’s Practice Management Standard ‘Lexcel’. In January 2011 the independent Lexcel assessor will carry out the full three year assessment. This will be a more in depth audit of legal processes and systems.

Statistical Information for Financial Year 2009/2010

4. Table 1 - New Cases received by DLS in Financial Year 2009/10 (excluding claims handlers – see below):

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

Table 2 - Safer Neighbourhoods (excludes Advice Work):

Table 3- 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)

NB: Out of the 203 new POCA cases quoted above for 2009/10, 137 cases still remain active.

Table 4 - Civil and Threatened Actions - Awards and Settlements:

Number of Cases

Amount in £

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

Table 5 - Success Rate for Trials and Hearings:

Table 6 - Claims handlers Statistics - Registrations Received:

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
• 2009/2010 - £718,657

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 Calls:

• 2005/06 = 2,028
• 2006/07 = 2,108
• 2007/08 = 2,066
• 2008/09 = 1,998
• 2009/10 = 2,043

MetLaw is the P2P system used by the MPS to purchase external legal services from a panel of approved contractors. MetLaw is also the contact point for members of the public in relation to claims and duty lawyer calls

(Please note that 2009/10 is the first full financial year of MetLaw being operational)

Number of Matters:

2009/10 = 368

Number of calls taken by the MetLaw Reception Desk:

2009/10 = 2,569 (Breakdown Duty Lawyer calls = 2,043 - Other = 526)

Organisational Learning/Training and Seminars

6. DLS has presented or been involved in training courses/seminars where there are strong links to organisational learning such as:

• DLS were involved in dealing with specific areas of the MPS driver policy together with a number of other MPS departments such as Central Communications Command, the Driver Training School in Hendon Directorate of Professional Standard’s Prevention and Organisational Command. DLS were also involved in assisting with the formulation of a new policy and flow chart. It is hoped that the new flowchart will assist pursuit drivers in their decision making process with the intention of reducing the number of fatalities on the road as a result of police pursuits. It is intended that copies of the flowchart will be placed in all appropriate MPS vehicles in order to maximise the exposure and increase awareness and most importantly to save lives. The two lawyers assisting felt very strongly about the initiative as they had both attended inquests involving police pursuits.
• DLS have been involved in all major Public Order operations and have worked with the relevant Senior Police Officers to ensure that any lessons learnt are highlighted.
• Seminars on human trafficking and domestic servitude - seminars have been given to crime managers on the legal position in respect of investigations into allegations of human trafficking and domestic servitude.
• DLS in consultation with Human Resources (HR) arrange a rolling programme of HR courses. These range from refresher courses to focusing on specific areas of HR such as:
  • Workshops on Staff Discipline Boards - the training involves discussing case studies and a question and answer session;
  • Fairness at Work courses consist of a presentation by DLS. The participants then provide input into case studies in groups of five to ten individuals; and
  • Seminars delivered in conjunction with the MPS Employee Relations Unit to MPS Trade Union representatives on the repeal of the statutory dispute resolution/grievance procedure and the introduction of new ACAS procedures.
• In order to assist and promote good working partnerships, DLS extend invitations to our in-house training sessions to our legal colleagues from other police forces and organisations including Thames Valley, Essex, Hertfordshire, Kent, Norfolk, City of London, British Transport Police, Metropolitan Police Authority, Transport for London, Transport for London (Tube), Greater London Authority, London Development Agency, London Fire & Emergency Planning Authority and HM Revenue & Customs.

Legislation Update

7. DLS have prepared the MPS for changes in legislation such as:

• Public Contracts (Amendment) Regulations 2009. In particular the Remedies Directive that imposes greater potential of penalties for breach of public procurement law.
• The Equality Act is due to come into effect in stages from October 2010. The purpose of the Act is to consolidate and rationalise all existing discrimination legislation.
• Reform of the Coroners System - this will entail adjusting procedures when dealing with Inquests, adapting to the change in the regulation of Coroners and the MPS will need to work in partnership with Coroners to ensure a seamless transition to the new procedures.
• Violent Offender Orders pursuant to Part 7 of the Criminal Justice and Immigration Act 2008 which came into effect on 03 August 2009 and Drinking Banning Orders which were introduced by sections 1-5 and 9-14 of the Violent Crime Reduction Act 2006 and which came into force on 31 August 2009. The intention of the new legislation is to prohibit offenders from committing defined activities relating to their offence stemming from violent behaviour or when under the influence of alcohol.

Working Partnerships/Networking

8. DLS continues its working partnerships/Networking with:

• The Association of Police Lawyers (APL). Edward Solomons, Director has been appointed the Vice Chair and other senior managers within DLS are committee members;
• Lawyers within the Greater London Authority (GLA) family;
• Legal Surgeries for HR managers;
• New Legal Surgeries to be established for the Procurement Directorate; and
• Continuing liaison with other agencies to promote the Association of Chief Police Officers (ACPO), Department for Constitutional Affairs (new MoJ) and Court Service protocol in relation to child Wardship cases.

New Initiatives

9. DLS in this financial year have undertaken two main initiatives:

• Freeing up police officer time for frontline policing by taking over issues relating to disclosure in child Wardship cases which are presently being undertaken by police officers. There has been a rise 150 child Wardship cases in the last financial year (538 to 688); and
• Producing an Employment Tribunal (ET) DVD. The purpose of the DVD is to assist individuals who will be giving evidence at an ET. The DVD is being produced in-house featuring DLS staff.

Work Related Matters of Interest

10. DLS have been involved in a number of high profile and sensitive cases which have received media attention such as:

• 7/7 Bombing Inquest - The inquest is due to start later this year;
• Baby P - Coroner has requested representations as to whether the inquest should be resumed;
• A threatened Judicial Review arising from the MPS refusal to investigate alleged war crimes;
• News of the World - Phone Hacking;
• Assisting the Chair of the Al Sweady Public Inquiry into alleged mistreatment and murder of Iraqis by British troops;
• A number of sensitive inquests; and
• High profile employment tribunals involving senior officers.

11. Below are examples of cases handled by DLS that illustrate the breadth of the work undertaken by the Directorate:

• The case of Perinpanathan where the Court of Appeal states that costs are not to be ordered against the police in pursuing an application in the Magistrates’ Court in POCA or other cases unless the behaviour of the police has been unreasonable.
• Dealing with claims under Article 3 and 4 of the Human Rights Act where it has been alleged that the MPS has a positive duty to investigate allegations of human trafficking and specifically domestic servitude. These have been unique claims as there is no direct case law on the subject.
• In the interests of safeguarding the public purse and to protect the reputation of the MPS, DLS applied for costs in an Employment Tribunal discrimination claim. It is rare for costs to be awarded in such cases but the MPS were successful because the Tribunal found that the claimant based his claim on evidence that he knew to be false.
• DLS have advised on a number of Public Order operations such as:
  • The attendance of Tony Blair (giving evidence) at the Iraq Inquiry;
  • Stop Islamisation of Europe demonstration in Harrow (and counter demonstration by Unite against Fascism);
  • The Afghanistan Conference;
  • English Defence League demonstration at the House of Lords (and counter demonstration by Unite against Fascism);
  • Mayday Protests; and
  • The General Election.
• DLS are currently advising on the Pope’s visit to the UK scheduled for later this year.
• DLS dealt with an application for a Judicial Review on the grounds that the use of a TASER is potentially inhuman and degrading treatment. The claimant’s argument was that the Human Rights Act requires an independent investigation and therefore, it was wrong to allow the MPS to investigate themselves. The Administrative Court dismissed the application but there is now an appeal to the Court of Appeal.
• DLS have advised on a matter concerning alleged inappropriate behaviour by an individual who was working in a partnership arrangement with the MPS. DLS worked with senior officers to assess the risk to the MPS and to other partnership organisations and advised as to difficult disclosure issues. It was important that the matter was investigated sensitively and that confidence was re-established in the working partnership.
• DLS advised on how to deal with unclaimed stolen bicycles due to be scrapped which were in good condition. The advice requested was whether the bicycles could be donated to a charity but if that was not possible, could they be recycled within the MPS. The bicycles were recycled within the MPS.
• DLS were involved in obtaining an Anti-Social Behaviour Order (ASBO) which was granted by the Highgate Magistrates Court. The ASBO was associated with gang activity which sent a clear message to the gang that if you commit crime and anti-social behaviour, action will be taken against you. The nine-point ban covered:
  • entering the exclusion zone;
  • intimidating any person, or joining or being present in any group of three or more people in a public place which is acting in a manner likely to intimidate any person;
  • featuring in any video or audio material that is uploaded from the internet by him or another, that is threatening, abusive, insulting or making reference to gang affiliations;
  • using the internet to glamorise gang culture;
  • featuring in any online video as part of a gang by means of music video;
  • uploading any rap songs to the internet that mention any opposing gangs, guns or provocative lyrics which would cause increased tensions and physical public violence;
  • uploading photos or videos where the subject of which are using or wearing green bandanas; and
  • associating with 13 named individuals.
• DLS advised on the transfer of redundant Met Radio handsets to the Ghana Police Service (GPS) and the Air Training Corps (ATC) in London. The MPS has been working closely with the GPS which has delivered a number of notable convictions and the recovery of assets. The ATC have a national membership in excess of 40,000 members aged 13 to 20 years. In the London wing, an estimated 1,000 young people meet twice a week and offer a valuable contribution to youth diversion activities in the community. Both organisations will benefit from the use of the equipment which will in turn help improve crime detection and prevention in London.
• DLS deal with numerous claims throughout the financial year. One of the more novel cases was the claim for false imprisonment from a ‘Fathers for Justice’ protestor who with a fellow protestor had dressed in superhero costumes and climbed onto the roof of a cabinet minister.
• DLS is assisting with the MPS preparation for the Olympic Games in 2012 by advising in a number of areas such as working with the Olympic Development Agency to ensure that venues are secure and safe throughout the games.

C. Race and diversity impact

1. DLS integrates 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. Where it is necessary, action is taken to mitigate any impact.

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 can be demonstrated in the statistics set out below as well as our successful commitment in recruiting appropriately skilled redeployees:

• 28% of staff come from a minority ethnic community;
• 5% of staff are disabled;
• 15% work part-time; and
• 61% of the Directorate are women.

4. Of the staff that work part-time one person has both term-time and part-time working and two people are partially retired which has enabled DLS to retain their skills within the organisation.

5. DLS SMT comprises two men and three women. One of the women is the most 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 child-care commitments, carer responsibilities and to maintain a work/life balance as well as being used for short periods during such occasions as school holidays.

D. Financial implications

The costs associated with the activities set out in this report are all covered by existing DLS budgets as approved in the 2010/13 Business Plan.

E. Legal implications

This report is delivered in accordance with the decision of the MPA Co-ordinating and Policing Committee of 1 September 2006 that it should receive twice-yearly reports as to the role and work of DLS. The committee has the inherent power to vary its earlier decision as to the frequency of the reporting requirement.

F. Environmental implications

None given.

G. Background papers

None

H. Contact details

Report author: 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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