Ref: PCC/D/2023/11
EXECUTIVE SUMMARY
This notice supports the drawdown of up to £100,000 from the Insurance and
Legal Reserve to reimburse costs incurred in the settlement of a personal liability
claim against West Mercia Police (WMP).
PROPOSAL
It is proposed that the PCC:
Approves the draw down of up to £100,000 from the insurance and legal reserve to
cover the excess payment required to be paid as a result of the settlement of a
personal liability claim made against WMP.
APPROVAL OF
West Mercia Police and Crime Commissioner
I hereby approve the above proposal.
PART 1 – NON-CONFIDENTIAL/EXEMPT FACTS AND FIGURES
SUPPORTING REPORT
A personal liability claim was made against WMP in 2020/21. At the time the
maximum liability under the relevant insurance agreement was an excess of
£100,000. Provision is made within the Insurance and Legal reserve to cover the
excess liability.
This claim has recently been approved by the PCC to be settled and payment has
been made by the insurance provider. The excess liability has then been reimbursed
to the insurers by the force.
The final settlement agreement is confidential, but was above the excess liability for
WMP.
The agreement in place is that the known excess liabilities will be funded from the
Insurance and legal reserve. It is therefore necessary to draw down up to
£100,000 from this reserve.
STRATEGIC CONSIDERATIONS
This decision supports the following element(s) of the Safer West Mercia Plan:
☐ Putting Victims and Survivors First
☐ Building a More Secure West Mercia
☐ Reforming West Mercia
☒ Reassuring West Mercia’s Communities
The decision supports this/ these objective(s) through the following:
Settlement of the Force’s legal obligations
BENEFITS AND THEIR REALISATION
To release a provision made during the 20/21 Final Accounts and to use the
provision to meet the expense now incurred in settlement of the legal claim.
AUTHOR
Name Paul Benfield
Date 07th February 2023
FINANCIAL AND TREASURER COMMENTS
An agreement is in place that where an insurance claim is made against WMP,
that provision to cover the excess payment will be made in the legal and insurance
reserve.
As a claim first raised in 2020/21 has been settled against WMP, which had an
excess of £100,000 the funding of that cost will be drawn down from the legal and
insurance reserve.
Treasurer
Signature
Date 24th February 2023
LEGAL CONSIDERATIONS
By virtue of schedule 11, paragraph 14 of the Police Reform and Social
Responsibility Act 2011 the Police and Crime Commissioner may do anything
which is calculated to facilitate, or is conducive or incidental to, the exercise of the
functions of commissioner. That includes: entering into contracts and other
agreements (whether legally binding or not) and acquiring and disposing of
property (including land).
PUBLIC ACCESS TO INFORMATION
Information in this form is subject to the Freedom of Information Act 2000 (FOI Act)
and other legislation. Part 1 of this form will be made available on the West Mercia
Commissioner’s website. Any facts and advice that should not be made
automatically available on request are not included in Part 1 but instead in a
separate Part 2 report.
OFFICER APPROVAL
Chief Executive Officer
Signature Date 24th February 2023
To read a PDF signed copy of this decision notice. Click here If you would like this decision notices and the appendices in an accessible format please email [email protected]
