The role and work of the Directorate of Legal Services

Report: 10
Date: 06 March 2008
By: the 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). 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 DLS interim report is intended to provide an update as to significant developments since the last annual report.

Review of External Legal Services

2. Procurement Exercise – DLS, together with other departments (supported by Procurement Division) is now completing a procurement exercise to appoint external legal suppliers. These will be selected and recommendations submitted to the MPA so that contracts are in place by May 2008. The legal work has been divided into various lots and sub-lots so that specialist suppliers will be appointed for different categories of work.

3. Reception Desk – The reception desk has been named ‘MetLaw’ and is presently in the testing stage and will be operational in April 2008. Once operational, all legal services for the MPS will be routed through MetLaw. DLS will be running a marketing campaign across the MPS, explaining the new procedures and how to obtain legal advice or representation via ‘MetLaw’. DLS have already had meetings with business group managers and participated in the FRM conference on 12 October 2007 to prepare them for the arrival of ‘MetLaw’. Metlaw will be a central resource for all parts of the MPS requiring legal services. It will enable matters to be allocated (internally or externally) to the right supplier, control to be maintained over expenditure and quality, and the provision of legal services to be on a co-ordinated basis. Metlaw will also be an initial point of contact for enquiries under the DLS duty lawyer scheme.

4. A monitoring system is being devised to ensure that invoices and work quality are spot-checked and regular reviews take place.

5. The Practice Manager will be arranging regular meetings with representatives from other departments to monitor the quality of the service provided to the MPS and to deal with any issues. The Practice Manager will also be preparing induction packs and arranging meetings with the external suppliers and the department representatives before the contracts begin.

6. Transfer of work from the Accident Claims Branch (ACB) – ACB merged into DLS in October 2007. A consultation exercise is presently taking place to facilitate future methods of working. ACB will be moving to be co-located with the remainder of DLS in May/June 2008.

Lexcel

7. In January 2008 DLS were awarded the Lexcel Practice Management Standard. This prestigious accreditation is awarded by the Law Society to organisations regarded as meeting the highest standards of business management and organisation, benchmarked against standards prescribed within the Lexcel scheme. The assessment process is rigorous, and includes examination of written processes and of compliance with them throughout the directorate. The assessor spot checked 72 files, interviewed 25 lawyers and 7 support staff. 10 areas of good practice were identified, no major non-compliances, 2 minor non-compliances and 2 areas for improvement. We were particularly pleased that one area of good practice identified was “Interviewees confirmed the operation of equality of opportunity”.

Partnerships and Networking

8. To improve relationships with claimant solicitors, the Director and two Assistant Directors together with a representative of DPS attended a meeting of the Police Action Lawyers Group (PALG). Views were exchanged and it is hoped that this will lead to better understanding and mutual benefits.

Client Relationships and Survey

9. The client survey report will be finalised shortly and the results will commented upon in DLS’ full report in September 08.

Work-Related Matters of Interest

10. DLS continue to be heavily involved in a number of high profile cases e.g. Forest Gate compensation claims, De Menezes Inquest, Austin and Saxby May Day 2001 which now has legal aid funding to go to the House of Lords, and the Princess Diana/Dodi al Fayed Inquest.

11. DLS have been involved in the response to the Home Office under Section 132 to 138 of the Serious Organised Crime and Police Act 2005, which introduced a special scheme for demonstrations around Parliament. DLS has been a major MPS stakeholder in the interpretation and enforcement of the provisions and played a significant role in the drafting of the MPS response to the Home Office.

12. DLS advised on police powers connected with the Police Federation demonstration on 23 January 2008 about police pay. It raised some unique and interesting aspects for the policing of a police demonstration. It was imperative for the matter to be dealt with in the same way as any other major demonstration.

13. DLS has negotiated a protocol with HM Revenue and Customs and the London Magistrates’ Courts for dealing with cash seizure/forfeiture cases in the courts in the London area. It will streamline cases throughout London ensuring a consistency in the treatment of cases regardless of which court is dealing with the matter.

14. DLS have been advising the Commissioner on a new system for anonymous voters on the Electoral Roll and what the police function is in that process. The Electoral Administration Act 2006 amended the procedures for persons to apply for anonymous registration on the basis that the appearance of their name or address on the register would place their safety at risk. A classic example would be someone who had been rehoused as a result of domestic violence. One basis to apply for anonymous registration is to submit an attestation signed by a qualifying officer. The list of persons who can act as qualifying officer includes a chief officer of police. Guidance by the Electoral Commissioner states that this function cannot be delegated by a chief officer to a lower rank officer. DLS advised the Commissioner’s office as to the legal position regarding delegation in the absence of explicit statutory provision.

Providing Training for Other MPS Departments

15. DLS have now commenced HR Practice Managers Surgeries. The surgeries are designed for HR Practice Managers to meet with DLS lawyers to discuss issues around policies or case law.

Accommodation

16. DLS will be moving into NSY in May/June 08.

C. Race and equality impact

1. The procurement exercise was designed to maximise the opportunities for a more diverse range of suppliers. The division into lots enabled smaller practices to bid for those types of work for which they could demonstrate sufficient experience and resources.

2. The establishment of the reception desk will enable records to be maintained across the MPS as to decisions as to which external suppliers are used.

3. The merger of ACB into DLS has been undertaken as outlined in the Management and Union Partnership Agreement and in full consultation with staff. A Merger Team has been established which includes ACB, DLS and HR.

4. 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

1. No decision with financial implications is sought.

2. Under the new system for procurement all invoices for legal services will be authorised by DLS. All external suppliers and MPS staff will be advised that no payments will be made unless a purchase order has been raised by DLS. This is in line with the Directorate of Financial Services project Purchase to Pay (P2P).

3. To control costs against a case all work undertaken by external supplier will have a (reviewable) financial cap. External suppliers will be told that no payments will be made if work has been undertaken without prior authorisation by DLS and the issue of a purchase order, or if the invoice exceeds the financial cap.

4. DLS have worked with the Finance Directorate to establish if possible one legal GL code. DLS are also working with the Finance Directorate to identify a system to track payments for legal work that has not been raised by DLS.

E. Background papers

None

F. Contact details

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

For more information contact:

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

Send an e-mail linking to this page

Feedback