The role and work of the Directorate of Legal Services

Report: 9
Date: 1 September 2006
By: 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). As this is the first such report to be submitted to the Committee it has focused on giving an outline of work carried out by DLS. The report also covers DLS performance, its working relationships and its links with the key objectives/priorities of the MPS including the role DLS plays in supporting front line policing.

A. Recommendations

That the report be received.

B. Supporting information

DLS SMT

1. In May 2006, Edward Solomons was appointed the new Director of Legal Services. Edward was previously the Deputy Official Solicitor and Public Trustee. Before that he was an Assistant Treasury Solicitor. For 17 years (including 12 as a partner) he worked in a large private practice firm of solicitors handling claimant and trade union work.

2. DLS is split into three professional legal groups each headed by an Assistant Director (Guy Morgan, Naz Saleh and Sandra Burrows). The Practice Manager (Franca Oliffe) is the head of the Professional Support Services and also has responsibility for financial, statistical and performance information.

3. The SMT (consisting of the Director, Assistant Directors and Practice Manager) annually reviews its business plan to ensure that DLS’ objectives and strategies are linked to the MPS’ key objectives and priorities for a Safer London.

Areas of work carried out by DLS

• Child Protection
• Civil Claims
• Copyright
• Covert Operations/RIPA
• Criminal Justice & PACE
• Data Protection
• Disclosure
• Employment Advices
• Employment Tribunals
• Firearms Operational
• FMEs
• Freedom of Information
• Gaming, Betting & Lotteries
• General Policy & Operational Advices
• Health & Safety
• Human Rights Act
• Informants
• Inquests
• International Co-operation
• Judicial Reviews
• 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

A breakdown of the number of cases received in the last four financial years is shown in exempt Appendix 1

Legal work not generally carried out by DLS

• Accident Claims Branch – Deals with employer’s liability including tripping, slipping and road traffic accidents involving police cars. Also damage to property caused on entering premises and damage to property when in police possession.
• Construction & Property related advice, litigation and conveyancing
• Company and Corporate
• Financial and Banking (including insurance)
• General Commercial including some copyright matters, Procurement, Public Private Partnership Outsourcing, Intellectual Property Rights Competition Law and Regulatory Law
• Maritime and Aviation Law

Outsourced work

4. Within the areas of work conducted by DLS (see paragraph 2 above), a small proportion of the more straightforward malfeasance and employment tribunal claims are outsourced to private practice solicitors. This is a reducing element but it provides a necessary facility to allow DLS to cope with peaks and troughs of work. We exercise close scrutiny of their bills and achieve significant reductions.

5. The legal work not carried out by DLS (paragraph 3 above) has not been conducted by the Directorate in part due to the historic division of responsibilities between the office of the Commissioner and the Receiver. The MPS Procurement Services is examining the contractual basis of elements of the arrangements for direct supply of legal services to parts of the MPS by private practice solicitors. The GLA convergence agenda will require examination of any areas for service provision within the GLA family.

Role of the DLS in the service review of the MPS

6. DLS participated fully in the service review including providing information to the Modernisation team, attending focus groups and discussing methods of delivery of service. An outcome was the decision to reduce the outsourcing of lower level malfeasance claims through the recruitment of legal executives.

Support for front line policing and specialist departments to meet the “Working Together for a Safer London” MPS plans and priorities

7. DLS assists, advises and represents the MPS in a multitude of areas to support front line policing and specialist departments in meeting the MPS objectives and priorities for a safer London.

Counter Terrorism, Public Order and Organised Crime

8. DLS advises as to police powers, especially in the areas of public order and anti-terrorism. This year DLS established a counter terrorism team to assist senior front line officers with advice and to work closely with the MPS' anti-terrorism units. DLS also plays an active role in advising on disaster management strategy.

9. DLS supports international policing co-operation by providing advice and assistance with the negotiation and drafting of international Memoranda of Understanding, the predominant purpose of which is to enhance co-operation in the fight against international terrorism, serious and organised crime, people and drug trafficking and other matters of mutual interest.

Safer Neighbourhoods and Domestic Violence

10. DLS plays an active part in assisting, advising and providing representation in the obtaining of Anti-Social Behaviour Orders, Crack House Closure Orders, Football Banning Orders and Civil Orders under the Sexual Offences Act.

11. DLS is assisting 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.

12. DLS has been one of the main contributors in liaison with SCD5 in drafting, piloting and 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 Association of Chief Police Officers (ACPO) has recommended that the protocol be adopted nationally. The protocol features on the Department for Constitutional Affairs’ website.

Below are case trend statistics for the last five financial years:

Proceeds of Crime Act (POCAs)

13. DLS plays an active part in the retention and forfeiture of cash seized under the Proceeds of Crime Act 2003. These are civil proceedings and are distinct from forfeitures obtained by the CPS following criminal convictions.

14. The statistics below illustrate the growth in the number of cases dealt with by DLS since the Act came into force as well as the money seized from forfeitures. In the financial year 2005/06 DLS registered 273 Proceeds of Crime cases and £4.8m was forfeited. This included one forfeiture of £967,266 believed to be the largest obtained in the country.

15. On 31 July 2006 the threshold for POCA cash seizures was reduced from £5,000 to £1,000. Early reports from boroughs indicate a big increase in the number of seizures. It is estimated that this will increase the cases per year by at least 100+. For technical reasons, smaller POCA cases may be more problematic than larger ones. This change will have a significant effect on workloads for DLS staff. Additionally, POCAs have very short deadlines.

Mediations

16. The MPS and DLS are committed to the use of mediation in the resolution of claims wherever appropriate and believe ourselves to be leaders in the field. An internal mediation protocol was agreed with DPS and introduced in December 2005. In the last financial year DLS has conducted 21 mediations of which 13 resulted in total resolution of the claim, (1 of which was resolved after mediation) and 8 were not resolved i.e. a 62% success rate.

17. Set out below are the number of mediations carried out over the last three financial years.

Civil actions against the police

18. A major area of DLS’ work is defending the Commissioner, the MPS, and sometimes individual officers in malfeasance and employment litigation. DLS assesses the merits of the claim as soon as possible, and advises settlement where the claim is likely to succeed. Offers in settlement, payments into court, round the table discussions and mediations are used as tools to resolve claims. In those cases which were fought to trial, or where settlement negotiations were unsuccessful, DLS achieved a 76% success rate this year.

19. The vast majority of civil claims are resolved without the issue of proceedings through use of a pre-action protocol. There is no pre-action procedure in employment tribunal cases but claims are referred to DLS immediately on receipt. Exempt Appendix 2 gives statistical information.

20. Please note: The Employment Tribunal Unit (ETU) (HR4) which acts as the client for employment tribunal claims provides regular statistical information and has bi-monthly meetings with members of the Professional Standards Committee. The ETU’s last report entitled “Employment Tribunals” was submitted to the HR Committee on 6 April 2006. Their next report will be submitted to the Professional Standards Committee in December 2006.

Feedback and lessons learnt

21. DLS provides feedback to clients on learning points emerging from cases at the earliest possible stage to enable remedial action to be taken.

New legislation

22. DLS plays a proactive role in advising and assisting in the introduction of new legislation such as the Freedom of Information Act, The Disability Discrimination Act 1995, the Employment Equality (Age) Regulations 2006 and licensing reforms.

Partnerships and networking

23. DLS strives to promote working partnerships within and external to the MPS. Senior Lawyers in DLS are members of various professional associations including the Association of Police Lawyers (APL) and sit on several of its committees. DLS shares knowledge and best practice with other APL lawyers. The Director is chair of the Law Society Rules & Ethics committee, and a member of its Regulation Board. He is a former member of the Council of the Law Society, past President of the City of Westminster & Holborn Law Society, and past Vice President of the London Solicitors Litigation Association, and a member of the Solicitors’ Association of Higher Court Advocates.

Marketing of DLS

24. DLS has established a marketing team to ensure that its services are widely publicised and used by all within the MPS.

High profile and significant cases

25. DLS routinely deals with high profile and significant cases. These cases cover a wide range of issues as illustrated below:

26. In a case in the Court of Appeal which was pursued by the Home Office supported by the MPS, it was found that demonstrations outside Parliament were governed by new legislation irrespective of when they had started. An unsightly and high profile demonstration outside Parliament has been curtailed.

27. DLS are currently dealing with a number of high value POCA cash seizure cases including one where a sum of nearly £1m was forfeited.

28. A former police constable in the Mounted Branch brought proceedings in the High Court against the Commissioner alleging that she had been the victim of harassment and victimisation, citing 11 separate incidents which she alleged occurred between 1994 and 2002. She claimed that the MPS were in breach of their statutory duty under the Protection from Harassment Act 1997 and were negligent in their response to the stress to which she was subjected in the workplace. Damages in excess of £500,000 were sought in consequence of the psychiatric injury that she claimed to have suffered which she said led to her retirement from the Service and prevented her from undertaking alternative employment.

29. After a highly publicised two-week trial in June of this year Mr Justice McKay gave judgment for the MPS finding that "the evidence is overwhelmingly in favour of rejecting her claim". She was refused permission to appeal by the trial judge and is now seeking leave from the Court of Appeal.

DLS budgets

30. Over the past five financial years DLS has successfully reduced many of its corporate budgets by identifying the appropriate cases to either defend or settle in order to reduce compensation costs, the claimant’s legal costs and running costs associated with the case. Additionally DLS has retained as much work in-house as possible to reduce the contracting out budget. An objective for this financial year is to review and reduce the use of counsel. The budget is shown in exempt Appendix 3

Training

31. DLS runs a number of regular training courses for police officers and police staff. They cover areas such as threatened and civil actions for Civil Action Liaison Officers; collating evidence to support applications for Sex Offender Orders for boroughs; various types of Human Resources (HR) courses that are tailor-made to meet the training needs of HR practitioners; Proceeds of Crime and Anti Social Behaviour Orders seminars. DLS also assists and advises other MPS departments on the provision of training courses/seminars e.g. firearms, public order.

Intranet site

32. The DLS intranet site has a variety of Guides to assist MPS staff, for example:

• How to use DLS, Civil Actions Against the Police, Employment Tribunals and Responding to Public Inquiries.
• The guide written by DLS on Responding to Public Inquiries also appears on the ACPO website under Practice Advice on Critical Incident Management, 4.4. Key Principles “The MPS, Directorate of Legal Services have produced a guidance entitled Responding to Public Inquiries, ‘A Generic Guide’, which incorporates the MPS’ experience of a variety of high profile public inquiries held in the Metropolitan area…”
• It features a monthly Legal Update and Employment Law Newsletters. A new feature that DLS will be piloting is a Frequently Asked Questions (FAQ) section relating to employment issues to assist HR practitioners throughout the organisation.

The Duty Lawyer Scheme

33. DLS provides a Duty Lawyer telephone scheme (during normal working hours) which is available to Police Officers and Police Staff. Listed below is the number of duty lawyer calls that DLS has received over the past five financial years:

The Director and Assistant Directors are available out of hours to deal with urgent and important issues, advisory or litigation. DLS also runs a Duty Lawyer telephone scheme specifically for Proceeds of Crime Cases. The scheme operates on a 24/7 basis.

Client relationships and survey

34. The “client” of DLS is usually the Commissioner but inevitably in most cases decisions are made on his behalf by officers or staff at all levels. DLS seeks to maintain the best possible relationship with everyone within the MPS community and to measure this achievement through surveys.

35. DLS’ work is demand/client led. DLS encourages anyone using its services to involve DLS at the earliest opportunity. The DLS intranet site has a section on “How Can We Help” which gives guidance on the use of DLS services. DLS also takes the initiative in offering its services when legislative changes affecting the MPS are coming into force e.g. Terrorism, Human Rights, Freedom of Information Act (FOIA), Proceeds of Crime Act (POCA), and the Employment Equality (Age) Regulations 2006.

36. DLS maintains a formal lawyer/client relationship with other parts of the MPS. DLS advises and MPS clients decide. All advices and instructions are either minuted or recorded in writing. In DLS’ experience MPS clients have no hesitation in challenging the advice given and, in practice, may not always follow it.

37. DLS has an extensive working practices manual that documents procedures for the conduct of cases in line with MPS policies and standard operating procedures, it also conducts a bi-annual Customer Satisfaction Survey within the MPS. A survey was conducted in 2005 (over 500 questionnaires were sent out) and the percentages of satisfied customers were as follows:

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. In preparing advice to clients as to whether matters should be settled and as to the level of damages, DLS is guided solely by a professional assessment of the likely outcome before a court or tribunal. However, there is a requirement for sensitivity as to the impact the conduct has had on individuals including in particular an understanding of the effect of the discriminatory conduct.

3. Care is taken to respect and accommodate the diverse background, beliefs cultural, religious observance and any disabilities of individuals whether they are parties, witnesses or otherwise involved in the work which we undertake.

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

5. DLS strives to reflect the commitment made by the MPS in its Race and Equality policies not only in its decision-making but also in DLS’ staffing profile. Currently DLS has a total of 98 staff (63 female and 35 male). There are 92.6 full time equivalents (FTE).

6. The SMT comprises 2 men and 3 women, one of whom comes from an Asian minority ethnic community. She is one of the most senior female police staff member of an ethnic minority community.

7. Approximately 28% (26 FTE) of DLS’ workforce comes from a minority ethnic community (breakdown - approximately 14% being from BME communities (6% from BME Caribbean, 5% from BME African and 3% from other BME communities). Approximately 6% of the workforce is from an Indian minority ethnic community and 8% other e.g. Asian, Chinese or unspecified.

8. Approximately 7% (6 FTE) of DLS’ workforce are disabled and DLS have made all reasonable adjustments to allow them to remain in the workplace.

9. All staff in DLS have a flexible working pattern, either on flexi-time where individuals can accrue additional hours or flexible working which allows flexibility around the start and finish times within a normal working day. Approximately, 18% (16.6 FTE) of the total workforce has other agreed working patterns e.g. part-time. Although, under the MPS policy individuals are not required to provide reasons for the request, most do, and these range from requests to meet child-care commitments, carer responsibilities and general work-life balance reasons. Some limited opportunities are offered for home working.

10. In addition, a number of members of staff request flexible working for short periods e.g. during the school summer holidays. All requests are sympathetically considered, and in almost every case, the directorate is able to assist. A flexible working review is planned for this year to consider whether any further flexibility can be offered consistent with fulfilling business needs.

D. Financial implications

No decision with financial implications is sought.

E. Background papers

• DLS Business Plan 2006/07

F. Contact details

Report author: Edward Solomons, Director of Legal Services and Franca Oliffe, Practice Manager, MPS.

For more information contact:

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

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