Decision Maker: Director for Police, Crime, Criminal Justice and Fire, GM Deputy Mayor, Treasurer GMCA
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
The reasons for the decision are:
The GMCA has responsibility under the Police (Conduct) Regulations
2020 for the attendance at Police Misconduct Panels of a Legally
Qualified Chair (LQC) and Independent Panel member (IPM). The
LQC’s role is to chair hearings concerning the most serious
allegations, where a police officer is at risk of dismissal. The
LQC is assisted at the panel by an IPM and a senior police officer.
The IPMs provide independent and impartial views at the misconduct
panel. Concerns have arisen regarding the indemnification of LQCs
involved in the misconduct process, which provides LQCs with
security against legal liability, provided they act in good faith
during the misconduct panel process. This arises from the potential
of a claim for damages against misconduct panel members arising
from an Equality Act claim before the Employment Tribunal at
present.
On 26th November 2021 the GMCA was informed by the President of the
National Association for LQCs (NALQC) that the organisation had
informed the Home Secretary, H.M. Government, that the NALQC had
advised its members that they should refuse to accept any further
LQC appointments until this matter has been resolved nationally and
specifically worded indemnity is provided by PCCs to its
members.
As a result, the majority of LQCs were refusing to sit on
misconduct panels until an agreed form of indemnity was
provided.
In October 2022, a further development arose out of an LQC having
been summoned by an employment tribunal to give evidence about a
Police Misconduct Panel hearing they chaired and the decision they
reached.
The previous decision notice refers to the form of wording that was
agreed with LQCs at that point in time but is now deemed by LQCs to
be insufficiently robust to provide sufficient assurance in the
event of legal action being taken against them. The purpose of this
decision notice is to seek the approval to adopt the revised
wording agreed by the Association of Policing and Crime Chief
Executives (APACE), APACE and National Association of LQCs as a
form of indemnity which offers LQCs and IPMs assurance that they
are covered for damages unless it is shown in a court or similar
that they have acted in bad faith. This is similar to the wording
of the magistrate’s indemnity set out in the Courts Act 2003.
It provides the GMCA with a backstop to ensure that LQCs act
professionally in their role as a panel chair. The GMCA has been
advised to adopt the indemnity wording that is detailed in this
decision notice by the Association of Police and Crime
Commissioners (APCC). It is recommended that this wording be used
until such time that the Home Office agrees an appropriate
legislative solution for LQCs and IPMs..
To provide Indemnity to Legally Qualified
Chairs and Independent Panel Members for Police Misconduct Panel
arranged thus far for 2023/24 in accordance with the additional
wording recommended by the Association of Police and Crime
Commissioners as follows: -
In respect of the case of ....... which is to be held on
………. the Greater Manchester Combined Authority
(the legal entity in which the property, rights and liabilities of
Police and Crime Commissioner for the Greater Manchester area are
vested) agrees to indemnify you as the Legally Qualified Chair
(“LQC”)/ Independent Panel Member (“IPM”)
in respect of: -
(i) any liabilities arising (including reasonable costs as agreed
with you in connection with responding to or engaging with any
legal proceedings or matters arising from the discharge of your
functions as an LQC/IPM) for anything done or omitted to be done by
you in the discharge of those functions unless, having received
representations or submissions by or on your behalf, you are proved
in a court of law or other tribunal with appropriate jurisdiction
to have acted in bad faith. Furthermore, in the event of your being
held to have any liability for anything done or omitted to be done
by another member of the Panel of which you are part, the GMCA
agrees to indemnify you in full in respect of any such
liability.
(ii) any costs you may incur as a consequence of your being in
receipt of a witness summons/order (or an application therefor) to
give evidence in any court or tribunal of whatever nature
concerning and/or relating to your and/or the Panel’s
conducting of those proceedings and/or the decisions of the Panel
in those proceedings. For the avoidance of doubt, this indemnity
includes, but is not limited to, any costs you may incur:
• In seeking legal advice in relation to the receipt of a
witness summons/order or an application therefor;
• In relation to the preparation of any representations and/or
witness statements in relation to an application for a witness
summons/order and/or in relation to an application to set aside the
issuing of a witness summons/order;
• In relation to securing legal representation at any hearing
of an application for a witness summons/order and/or the hearing of
any application to set aside the issuing of a witness
summons/order;
• In relation to the costs (including costs of legal
representation) of participating in any appeal and/or application
for judicial review (and any appeal therefrom) arising as a
consequence of your being in receipt of an application for a
witness summons/order or an application therefor; and
• In relation to attending a hearing or hearings, including
the time spent thereat.
However, save where the issue/matter needs to be addressed by you
immediately, no costs to which this indemnity applies should be
incurred by you before you have notified the Director Police,
Crime, Criminal Justice and Fire of the GMCA of the nature and
extent of the issue/matter giving rise to a claim under it.
Publication date: 12/05/2023
Date of decision: 18/04/2023