Report Summary
This report provides members of the Scottish Police Authority with an overview of Committee & Oversight Group Chairs Reports.
To access the full document please open the PDF document above.
To view as accessible content please use the sections below. (Note that tables and some appendixes are not available as accessible content).
Meeting
The publication discussed was referenced in the meeting below
Meeting of the Scottish Police Authority - 26 February 2023
Date : 23 February 2023
Location : Crown Plaza, Glasgow
Summary Report from Legal Committee
MAIN ITEMS OF BUSINESS
Statistical Reporting including NDA’s
Operation Tarn
Case Assessment and Review Panel (CARP) Pilot
Internal Audit Report; progress
Legal Costs Summary
Litigation Tables
Operation Iona Update
Areas of Business Approved under Delegated Authority of the SPA Chief Executive
Legal Assistance Appeal
Pension Forfeiture Update
KEY ISSUES RAISED
Statistical Reporting including NDA’s – Members were provided with a quarterly report which included settlement figures arising from claims raised against Police Scotland. This included figures for NDAs which were consistent with the number for the previous financial Quarter.
Operation Tarn – Members were updated in relation to Police Scotland’s response to the Public Inquiry into the death of Sheku Bayoh, including the considerable work looking to embed the lessons already identified. In addition, Members were advised of the legal costs being faced by Police Scotland in relation to Operation Tarn which were significantly higher than had been anticipated at the outset. Members had an extended discussion around the issues including seeking information around systems assurance in respect of all relevant costs
Case Assessment and Review Panel (CARP) Pilot – Members welcomed a report from Police Scotland on the work of the Case Assessment and Review Panel (CARP) within Police Scotland. CARP is a tripartite approach by Legal Services, Professional Standards, and People and Development to provide early assessment and direction of non-criminal complaints, employment tribunal claims and grievances. Members welcomed the individual case management and the upstreaming of wider lessons learned. Members agreed that the People Committee is the appropriate forum for oversight of the system as it develops, but the Legal Committee will be sighted in terms of successful outcomes
Internal Audit Reports – Members were provided with an update on the internal Audit carried out by Azets of Police Scotland’s Legal Services and the SPA Legal Services in early 2021. Members noted updates in relation to recommendations, with considerable discussion around the outstanding issues of the possible introduction of a case management system.
Legal Costs Summary - Members welcomed a report on all business as usual legal costs and requested this reporting on a regular basis.
Litigation Tables - Members were provided with a report which detailed significant ongoing litigation involving Police Scotland and the SPA. Individual cases were noted
Operation Iona Update – Members were provided with a current update in relation to this operation and await further updates in due course.
Areas of Business Approved under Delegated Authority of the SPA Chief Executive – Members were provided with details of the number of ill health retirement and injury on duty applications which were submitted to the SPA for decision in the period from 29 August 2022 to 5 December 2022.
Legal Assistance Appeal - The committee considered the further information provided in relation to the case and decided the appeal.
Pension Forfeiture Update - Members were provided with an update in relation to 1 case that remains ongoing. Members also took a decision on 1 other case and will receive further updates on both in due course
Legal Committee Development Day – On the 23rd January 2023 the committee met with Police Scotland Legal to consider outstanding issues and priorities for the year ahead, and to undertake a review of committee effectiveness. As reported previously the committees priorities are identified as transparency, the importance of relevant data and the importance of seeing the evidence of lessons learned. In focusing on transparency, it was agreed that the Committee should be moving towards greater public transparency From March 2023 the Legal Committee will, where possible, have a public session of the meeting, an approach taken by all other Committees within the SPA. In addition, Members had a discussion around data and benchmarking in relation to Police Scotland Legal and onward reporting will form part of the committees Forward Plan. In accordance with good governance, the Committee undertook a review of committee effectiveness, piloting a new form before use by other committees. In considering this and the forward Plan, the Committee made some recommendations for changes to Terms of Reference which would be considered alongside other Committee changes. The Chair emphasised the Committee remit includes wider systems assurance.