The role and work of the Directorate of Legal Services

Report: 7
Date: 1 March 2007
By: Assistant Commissioner Central 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). The purpose of this interim report is to bring to the attention to the Committee salient issues surrounding DLS and matters of interest.

A. Recommendations

That the report be received.

B. Supporting information

Introduction

1. The Committee considered an end-of-year report, supported by detailed statistics, on 11 September 2006. In accordance with indications then given by the Committee this interim report is intended to provide an update as to subsequent significant developments.

Review of external legal services

2. DLS submitted a report to the Management Board on 6 February 2007 concerning the procurement, selection, instruction, work quality and payment of external legal suppliers. In order to maintain or improve work quality, reduce cost, and improve corporate governance the following recommendations were agreed:

As soon as possible, Procurement Services (in consultation with DLS) should undertake a competitive tendering exercise in respect of outsourced legal work in order to establish call off contracts with a panel of external solicitors. For most types of legal work there should be two providers.

Exceptional legal work (by reason of high value or a specialism not provided for in the call-off contracts) should be the subject of a proportionate individual tender process.

DLS should establish a Reception Desk for MPS users of legal services. The Reception Desk will:

• decide whether legal advice is required;
• provide initial legal advice when possible;
• where further legal services are needed, decide which matters can be handled in-house and which must be sent to outsourced suppliers;
• select suppliers in accordance with policy;
• manage, track and authorise invoices;
• keep statistical and financial information;
• enter matters on existing DLS case management system.

All legal suppliers’ accounts are to be approved for payment by DLS. Suppliers will be informed that a purchase order number must be obtained from the Reception Desk at the inception of each matter. DLS will undertake quality of work monitoring (including intrusive audit of suppliers files) on a sampling basis, where necessary challenging accounts or amending allocation guidelines where suppliers are regarded as overcharging or providing unacceptable quality of work.

Whilst the system will be designed to be “light touch” for repeat users of routine legal services, no part of MPS will instruct legal suppliers other than through the Reception Desk. This must be an agreed and mandated policy to manage demand and suppliers effectively.

A legal services user group of MPS customers is to be established.

DLS to report to the Management Board 12 months after the establishment of the Reception Desk with a business case as to whether a proportion of the outsourced work should be taken in-house.

Claims handling (including delegations) and litigation in employers liability, public liability, fatal road traffic and road traffic cases where the personal injury damages reserve exceeds £5,000 to be transferred from ACB and outsourced legal providers to DLS.

3. DLS is working closely with Procurement and other departments within the MPS to implement these proposals, in particular to ensure that good working relationships are forged and that the introduction of the new procedure can be introduced as quickly as possible.

Working practices

4. DLS with DPS are investigating ways in which the overall cost of malfeasance cases can be reduced by being more proactive in gaining an early view to the merits of the case and being more realistic and robust in the offers made to claimants.

5. DLS lawyers are being asked to make less use of external counsel, in order to empower internal lawyers, reduce delay, take full advantage of close knowledge of police and MPS practice and reduce costs.

6. We have decided to submit our business processes for independent accreditation through the Law Society’s Lexcel scheme. In preparation for this all processes and their implementation are being reviewed.

Partnerships and networking

7. DLS is establishing networks with other government lawyers. Meetings have taken place with senior lawyers from a number of departments and agencies. Included within these have been discussions with the CPS and arrangements for possible secondments.

8. The Director, Edward Solomons has met with the Police Action Lawyers Group and has been invited to attend a full meeting in July or September 2007. It is hoped that this will open a channel of communications with the claimant solicitors with a view to achieving mutually beneficial alternative methods of dealing with claims against the police, and reduced suspicion.

Client relationships and survey

9. DLS will be undertaking their bi-annual Client Survey. The results will be published in the next report to the committee. The results of the survey will be analysed and action will be taken in respect of positive and negative feedback.

Work-related matters of interest

10. DLS is currently responding to consultation papers on the Coroners Reform Bill and the Home Office consultation paper on Strengthening Powers to Tackle Anti Social Behaviour.

11. DLS is actively involved in the inquest, the Judicial Review and advising officers in connection with the death of Diana, Princess of Wales and Mr Dodi Al-Fayed.

12. There has been an increase in urgent advice required around on going counter-terrorism operations, some of which have been very high profile.

13. DLS recovered approximately £1m in legal costs in relation to a false imprisonment claim that went to trial and to appeal.

14. DLS has been proactive in the provision of advice to HR directorate in relation to the Employment Equality (Age) Regulations 2006.

15. DLS has advised on the exchange of personal/sensitive personal data with other organisations concerned with tracing missing persons/vulnerable individuals.

16. An example of a high profile Inquest in this period has been that into the death of Clare Bernal, which resulted in a commendation by the Coroner of an officer involved.

17. An example of a high profile ET case this period has been that brought by a PC alleging appalling discrimination, but which was withdrawn by him on the second day following cross-examination and a warning from the tribunal chair as to the dangers of perjury.

Providing training for other MPS departments

18. DLS has provided a series of training workshops/sessions for other MPS departments which received excellent feedback. The Employment group delivered workshops on Police Staff Disciplinary Procedures to Borough Commanders and HR managers and the Litigation groups delivered a seminar on the Proceeds of Crime Act.

Intranet

19. DLS’ website has been updated with frequently asked questions relating to key employment law issues which has again attracted positive feedback.

Accommodation

20. DLS is accommodated within Wellington House, the lease of which has been surrendered. When new premises have been identified it is expected that a move will be undertaken.

C. Race and equality impact

1. Although there is an extensive pattern of alternative working within DLS close and sympathetic consideration is being given to whether any extensions can be agreed without adverse impact on service delivery. Focus groups of staff have been held, and a questionnaire will be circulated. The report will be discussed with trade union officials before any decisions are made.

2. DLS provides support to the MPS in its management and consideration of race and equality issues through the provision of advice and training across a broad spectrum of challenging employment issues and also to assist the Service in complying with the statutory equality duties which are owed to the wider community.

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, Practice Manager.

For more information contact:

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

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