At the Annual General Meeting of the National
Association of Legally
Qualified Chairs (NALQC) a resolution was passed that all members
would be advised not to sit as chairs unless indemnity was
strengthened by PCC’s.
It has been the view of most LQCs that the previous wording
provided does not give adequate protection and they have sought to
take out of the indemnity the words unless the act or omission is
shown to have been in bad faith, reckless or is the product of
gross and obvious irregularity for which panel members are
responsible.
The NALQC Chair and others met with the Home Office on 10 November
2020 to raise the issue. The concerns of the NALQC have also been
relayed to other interested parties, such as the APCC, the APACE
and the Police Superintendents’ Association. The Home Office
is considering legislative change to “cure” the
problem, but this will take time. Pending any legislative change,
the NALQC has given the advice as described above to its
members.
APCC has worked with APACE, Home Office and the National
Association of LQCs to develop a pragmatic solution and a form of
wording for the indemnity which offers both LQCs and PCCs some
reassurance. It offers LQCs 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
magistrates' indemnity set out in the Courts Act 2003). It provides
PCCs with a backstop to ensure that LQCs act professionally in
their role as panel chair. The agreed wording is set out
above.
Decision type: Non-key
Decision status: Recommendations Approved
Notice of proposed decision first published: 08/08/2022
Decision due: 13 Jul 2022 by Director for Police, Crime, Criminal Justice and Fire, GM Deputy Mayor, Treasurer GMCA
Contact: Lisa Lees Email: lisa.lees@greatermanchester-ca.gov.uk.