Decision details

The GMCA has responsibility under The Police (Conduct) (Amendment) Regulations 2024 for the attendance at Police Misconduct Panels of a Legally Qualified Person (LQP) and Independent Panel member (IPM).

The LQP’s role is to sit on the Panel in an advisory capacity. This is not a decision-making role, but they will be responsible for providing legal or procedural advice.

The IPMs provide independent and impartial views at the misconduct panel.

Concerns have arisen regarding the indemnification of the then LQCs and now LQPs involved in the misconduct process, which provides LQPs 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 then 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 appointments until this matter has been resolved nationally and specifically worded indemnity is provided by PCCs to its members.

As a result, the majority 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.

To provide Indemnity to Legally Qualified Persons and Independent Panel Members for Police Misconduct Panel arranged thus far for 2025/26 in accordance with the 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 Person (“LQP”)/ 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 LQP/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 of Safer and Stronger Communities of the GMCA of the nature and extent of the issue/matter giving rise to a claim under it.