Reimbursement of legal protection insurance premiums for superintending ranks

Report: 11
Date: 6 September 2001
By: Clerk

Summary

The Superintendents’ Association have asked that superintending ranks be reimbursed the cost of insurance premiums paid for professional indemnity.

A. Recommendations

That the Metropolitan Police Authority (MPA) reimburse the insurance premiums paid for professional indemnity of Superintending ranks.

B. Supporting information

1. In 1999, following advice from the former Metropolitan Police Committee, the Home Secretary approved the reimbursement of premiums paid for professional indemnity by ACPO rank police officers and five named holders of senior civil staff posts. The Superintendents’ Association has put forward a case for reimbursement of premiums paid by its members.

2. There are a number of reasons why the Metropolitan Police Authority may think it appropriate to support this request:

• The statutory responsibilities for superintending ranks have increased in recent years. Superintending ranks are personally liable for major decisions in serious criminal cases concerning, for example, extension of detention, provision of intimate samples and forcible taking of non-intimate samples.
• Human rights legislation has resulted in comprehensive redrafting of codes of practice covering surveillance and use of informants. Superintending ranks are the appropriate level of authority for many aspects of the codes.
• Within the MPS, the authority level for approving pre-planned firearms operations has been devolved to superintending ranks who also direct and control such incidents, taking responsibility for risk assessments and the subsequent deployment of firearms officers.
• Superintending ranks are ‘Gold’ for all but major public order events and, as such, responsible for authorising all police deployments.
• Superintending ranks comprise two of the three members of discipline tribunals, a role previously carried out by ACPO ranks.
• Superintending ranks have direct line management for the majority of police and civil staff and are liable to face increasing numbers of employment tribunal actions
• The command spans of superintending ranks are some of the largest in the UK. The Commissioner has stated publicly his view that the superintending rank is the pivotal police role in the MPS.

3. Whilst there is scope for the Commissioner and the MPA, to indemnify police officers who face legal proceedings arising from their proper actions in the course of their duty, there are circumstances when it would not be appropriate for the Commissioner to agree to legal representation, e.g. an officer facing criminal proceedings arising from an operational decision. Coupled with the factors set out above, superintending ranks now feel they need additional protection. Most superintending ranks carry separate insurance.

4. The MPS wishes to attract and retain the best police officers and the general terms and conditions which can be offered may often be a deciding factor. It is therefore relevant to note that 27 out of 43 police authorities have agreed to reimburse premiums paid by their superintending ranks and this is a policy others will probably adopt.

5. The annual cost is estimated in the region of £58k or approximately £230 per officer. No specific provision has been made for this expenditure. If agreement were reached that the premiums would be reimbursed by the MPA, a maximum level of premium would be set and subject to review after three years. The maximum for ACPO officers is £1,000, but the figure for superintending ranks could be set lower at, for example, £500. Superintendents who wished to make a claim would need to inform the Personnel Department who would, in turn, notify the MPA.

C. Financial implications

The annual cost is likely to be £58k, or £230 per officer, which will have to be met from within the total police pay budget.

D. Background papers

None.

E. Contact details

The author of this report is Alan Johnson.

For information contact:

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

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