The role and work of the Directorate of Legal Services

Report: 7
Date: 27 September 2007
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. Recommendations

That the report be received.

B. Supporting information

The Directorate of Legal Services (known as DLS) supports the Commissioner by providing corporate and operational advice and litigation services. As a result of a review of legal services, reported to COP at its 1 March 07 meeting, it is moving towards operating as a gateway for all legal services provided to the Commissioner. In addition, where there is no conflict of interests, it provides legal services to the MPA.

Major projects under way at present include a procurement exercise for external legal advisers, the establishment of processes to enable all legal work and associated expenditure to be funnelled through DLS, the transfer of Accident Claims branch from the Directorate of Professional Standards to DLS command and preparation for assessment for independent accreditation under the Law Society Lexcel scheme.

Review of external legal services

Procurement exercise

1. The object of the procurement exercise is to put in place call-off contracts for legal work not provided in-house through DLS. The work has been divided into 5 lots namely Residential Conveyancing (Occupied Premises), Residential Conveyancing (Vacant Possession), Property Estates and Construction, Commercial, and Litigation. Throughout the procurement exercise DLS has had discussions and meetings with the MPA representative to ensure that contracts placed will include the MPA requirements.

2. So far the procurement exercise has attracted interest from 204 suppliers from all over the UK. The suppliers are a mixture of small, medium and large firms, including both solicitors and licensed conveyancers. The design of the lots will give scope for the smaller firms to compete for some types of legal work.

3. In accordance with views expressed at the 1 March 07 meeting of the committee, DLS has been keen to ensure that the competition has been designed to enable smaller firms to bid. This will facilitate a diverse range of suppliers, including geographical diversity especially for transactional work, subject only to usual procurement issues of relevant experience, resilience and price. We advertised the procurement exercise in the legal press, and in addition promoted it by contacting the Black Solicitors Network (BSN), the Association of Muslim Lawyers (AML), the Society of Asian Lawyers, the Association of Women Solicitors, Group for Solicitors with Disabilities (GSD) and the Association of Licensed Conveyancers. Dr. Parveen Sharma, Head of Career Development and Diversity in the Law Society emailed DLS thanking them for the efforts that were being made by the MPA/MPS to “widen supplier diversity”.

4. Contracts will be in place with external suppliers by April 2008 to coincide with the new financial year.

Reception desk for MPS users of legal services

5. The preparation for the DLS reception desk (which will form the gateway for all MPS legal services) is on-going with a view to going live in April 08. Delays in the launch have been for a number of reasons e.g. DLS will be preparing to move to NSY at the beginning of 2008 and DLS will be unable to transfer or divert existing telephone numbers from Wellington House to NSY. In preparation all procedures and processes connected to the Reception Desk will be tested with existing suppliers and nominated MPS units/individuals. Functions of the reception desk will include selection of internal or external lawyers, a range of controls on expenditure, quality control and reporting.

Transfer of accident claims branch to DLS

6. It has been agreed that from 1 October 2007 the management and responsibility for the Accidents Claim Branch will be transferred to DLS. Accident Claims Branch handles road traffic, employers’ liability and public liability claims. It is considered there are likely to be synergies and potential for efficiency savings as a result of this transfer.

DLS statistical information

Safer Neighbourhoods

7. Cases handled by DLS under the headings listed below

Proceeds of Crime (POCA)

8. POCA - money seized from forfeitures

(Please Note: Financial figures below give totals that include foreign currency which was calculated into £ by using the exchange rate at that time)

Civil and threatened actions

9. Civil and threatened actions - awards and settlements (as reported in the Commissioners Annual Report 2006/07)

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

Success rate

10. Success rate for trials and hearings

Duty Lawyer Scheme

11. Duty Lawyer Scheme for MPS Police Officers and Police Staff to contact for advice related to Police Work

Early resolutions

12. DLS is working with DPS towards trying wherever possible and appropriate to conclude cases at the earliest possible stage. The benefit is to provide compensation and, where appropriate, apologies to those wronged by the MPS at the earliest opportunity, to prevent unnecessary external and internal legal and administrative costs and to contain levels of compensation. The initiatives include:

• At the earliest appropriate stage of a case lawyers are offering around the table discussions with the claimant solicitor and claimant in an attempt to resolve issues and agree a settlement. This action illustrates the MPS’ commitment to engage with the claimant to try to reach an early resolution as well as saving costs associated with mediations and reducing the cost of the claimant’s solicitors
• A seminar on Strategy and Tactics of Litigation to be given to DLS lawyers. The seminar is designed to explore the methodology and reasoning being used to bring cases to an early resolution.
• All lawyers undertaking civil claims attended full day mediation training provided by an external specialist provider. Lawyers now generally undertake mediations without use of external counsel.
• Representations have been made to the Legal Services Commission about continued funding of claimants who have refused our unconditional offers of mediation.

DLS Training

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

• Intelligence seminar principally to DLS and DPS. Representatives from the MPA were invited.
• A speaker in the SCD course on Source Handlers and Controllers
• During the last two years a team of employment lawyers have run 16 training courses for various parts of the organisation, including Territorial Policing, Human Resources and Occupational Health. Audiences have included HR Managers and OCU Commanders. Topics covered ranged from all aspects of discrimination law to police staff discipline. The sessions varied in format from lectures to highly participative and practical workshops.
• A presentation and Q&A session to the London Anti-Social Behaviour Forum (A monthly forum for all partner agencies concerned in tackling Anti-Social Behaviour in London). The audience included officers, Local Authority staff (including lawyers), housing officials, social workers and representatives from community groups. The presentation concerned the impact of the judgment in Cleary on future Closure Order applications.
• A joint MPS and London Borough of Westminster workshops/Q&A sessions on ASBOs were given. This was part of the "Working Together" initiative to promote good relationships with our partner agencies.
• A presentation to Harrow SMT, the Local Authority lawyer and the Borough Intelligence Unit on ASBO applications.
• Presentations and Q&A session to the MPS Football Intelligence Officers on Football Banning Orders.
• Two seminars to central and regional Asset Recovery Teams about recent case law and local police on civil cash forfeitures.
• Cash seizure training to all borough based financial investigators in the MPS over 4 days.
• On average one day per quarter DLS present a Sexual Offences Prevention Order training course for officers at Hendon.

Work related matters of interest

14. DLS is presently heavily involved in a number of high profile cases e.g. Forest Gate compensation claims, Stockwell, 7 July inquest / public inquiry, and the Princess Diana/Dodi al Fayed Inquest.

15. Corporate Homicide and Manslaughter Act – DLS has been advising officers and directorates on the impact of the Act on MPS operational responsibilities.

16. The MPA and DLS along with other interested parties were involved in a case centred on an arrest for an apprehended breach of the peace arising from a domestic incident. A meeting was arranged between all the parties concerned including the MPA. The meeting was a frank discussion on all issues of the case e.g. strengths, weaknesses, publicity, domestic violence, positive action policy etc and was regarded as beneficial in bringing the MPA into the "loop".

17. In a particular Sex Offender case DLS negotiated a protocol between the Football Association and the MPS to ensure that a registered sex offender was prohibited from attending any youth sport matches, meetings or practice sessions.

18. Following the Glasgow Airport terrorist attack it was important that security was as tight as possible for the Tour de France. DLS were involved in advising officers on legal issues that arose to enable everyone to enjoy the Tour de France in safety.

19. Owing to a Home Office decision to cease funding the centralised specialist unit dealing with football hooliganism and as the responsibility will now lie with individual boroughs, DLS has with other concerned parties (CPS and officers within the MPS) agreed a protocol on how Football Banning Orders (FBO) should be dealt with in the future. Additionally, DLS were concerned that disbanding of the specialist unit would mean that specialist knowledge would be lost and that officers in boroughs needed support. The changes are due to take place in April 2008 and DLS have been proactive to assist and prepare officers in boroughs by producing a manual for officers to refer to and have held a number of meetings and seminar to explain to officers how to deal with any future FBOs. The manual will be available on the DLS intranet site.

20. DLS were involved in advising the MPS on the recent police operation at Climate Camp at Heathrow Airport which ran from 14 to 21 August 07, in the preparations for the event, during the event and in the post event debrief. The type of advice given by DLS was around specific aviation offences, Heathrow Airport byelaws, powers of arrest to deal with protestors, including powers to stop and search under the Terrorism Act 2000, the impact if any on civil injunctions obtained on police powers. DLS also liaised with the CPS (locally and nationally), BA and BAA lawyers in relation to their plans to obtain civil injunctions to control protestors. During the protest DLS corresponded with solicitors raising queries on police powers in particular powers to prohibit vehicles from the site and advising on self-help options open to the landowners. All protestors were off the site by 24 August 07.

21. DLS continues to advise the MPS led Olympics Security Directorate (headed by AC Ghaffur, Olympics Security Coordinator) in planning and preparations for the 2012 London Olympics. Legal advice has already been provided on issues such as data sharing and procurement, and lawyers provided for workshops including an inter-agency Criminal Justice forum (for which the Attorney General was key-note speaker) and operational planning for evictions from the Olympic Park site. As mentioned in the MPS Olympic Programme update to the MPA dated 7 June 2007, DLS is to be heavily involved in the examination of major policy areas in which new legislation may be sought from the Government to assist in achieving a safe and secure Olympics, including the role and authority of the Olympics Security Coordinator, and deployment of foreign officers.

22. DLS represented officers in relation to the successful POCA forfeiture of approximately £1million seized from a serving Nigerian State Governor. The forfeited cash was corruptly acquired by the Governor through his political office and therefore, the cash was returned to the Nigerian Government. The Governor left the UK whilst on bail for money laundering offences and returned to Nigeria where he was subsequently arrested by the Nigerian authorities. On 26 July 2007 he pleaded guilty to 6 counts of Money Laundering and Embezzlement of public funds. He was sentenced to 2 years imprisonment.

23. Police received information that peregrine falcons were nesting at Luxborough Tower (being property owned by the London colleges) where the MPS have one of a number of radio masts for police communications. The proposal was to allow workers on to the roof to undertake repairs to the air conditioning unit of the mast. However, it is a criminal offence to disturb protected nesting birds and their dependant young. In order to ensure a satisfactory outcome meetings were arranged with wildlife experts, outside agencies including DEFRA and internal departments to ensure a satisfactory resolution between the operational needs of the MPS, its legal duties and environmental responsibilities.

Partnerships and networking

24. DLS have been proactive to establish working relationships and links within the GLA family and other organisations for example:

• Participating with Transport for London (TFL) in the cost draftsman procurement exercise
• Sharing information with TFL in a bench marking exercise
• DLS is a member of the GLA Heads of Law group and the GLA Employment Lawyers Network group
• Meetings have been held with the Legal Commission to discuss issue around funding for police cases
• Links have also been established with the Customs and Excise
• Continued liaison with the Association of Police Lawyers (APL)
• Building links with Criminal Prosecution Service (CPS). Additionally, one of their trainee lawyers is taking one of her training seats at DLS
• The Director has held a number of meetings with key members of staff from other organisations such as SOCA, IPCC
• DLS have been proactive to invite other colleagues from the GLA family and from neighbouring police legal teams to our training sessions
• The Director has been invited to the claimant solicitors Police Action Lawyer Group. This meeting may assist in improved working relationships in the future
• The Director remains a member of the Board of the Solicitors Regulation Authority and chair of its Rules & Ethics committee. He is also a committee member of the Association of Police Lawyers.

Client survey

25. DLS are in the process of running their biennial MPS client survey.

Lexcel

26. DLS has appointed an approved Lexcel Assessor company, which will conduct an independent audit of its written business systems and processes, and of its compliance with such processes. Subject to a successful audit it is on course to gain accreditation by April 2008.

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 any 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 is 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. DLS has one of the highest percentages of flexible working at any OCU within the MPS.

11. 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 underway 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

None

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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