British police misconduct costs forces 44 million pounds

Police forces have paid out more than 44 million pounds in compensation and damages in the past five years, mostly to victims of alleged police misconduct, The Times has learnt. The bulk was paid out for wrongful arrests, assaults, malicious prosecutions and abuses of human rights, according to data obtained under the Freedom of Information Act (FoI).

The figures show that between 2002 and 2007 the 55 police forces received more than 31,000 claims. The Police Service of Northern Ireland, the successor to the Royal Ulster Constabulary, received 150 claims for every 100,000 people in the Province and paid out 9.5 million pounds in court judgments, settlements and compensation.

The survey also exposed defects in the way in which forces keep their records. More than half did not keep accessible records of claims, complaints or court cases. Others kept no separate record of damages awarded to victims of police misconduct, recording only total damages – including sums paid to settle employment tribunal claims and vehicle damage.

In all, 31,829 claims were lodged over five years, resulting in 1,825 court actions. But only 467, or 24 per cent, of those claims reached court. Most were settled or paid off. The survey was conducted by Heather Brooke, an FoI expert and author of Your Right to Know. She asked police forces how many claims had been threatened or brought, defining “claim” as any written demand for financial compensation or other relief arising from alleged unlawful acts or omissions in the course of police operations. They included alleged misconduct, assault, false imprisonment, malicious prosecution, and misfeasance or private law claims under the Human Rights Act.

Top of the payout league table (omitting the City of London because of its transient population) is the Police Service of Northern Ireland, with 597,801 pounds paid per 100,000 population. Next is Cleveland Police, which paid out 597,169 per 100,000. These figures took all compensation claims into account, not just those made by people complaining of mistreatment. Greater Manchester paid 394,703 per 100,000 population. This figure covered only public liability payouts arising from alleged misconduct or mistakes during police operations. Police forces say that part of the problem is the “compensation culture” and that most payments are made after discussion with their police authorities and often on the basis of legal advice.

John Feavyour, Assistant Chief Constable of Cambridgeshire, and spokesman on complaints for the Association of Chief Police Officers, said: “Policing often requires the use of force, which can incur damages to people and property. However, it is important that these figures are put into perspective, given the vast number of incidents that the police attend and the positive effect that these invariably have on public confidence. “Public accountability is an essential pillar of modern policing and when the police service is at fault it is essential that it remains accountable to the public by ensuring appropriate compensation. Each force is subject to its own audit mechanisms to ensure that where and when required, due compensation is paid.” A spokesman for PSNI said: “Over the years the PSNI had to face a high number of incidents of public disorder and we are also still dealing with cases relating to the legacy of the Troubles.”

Of the total, more than a quarter, nearly 12 million, was awarded after a court judgment or paid out after an agreed settlement. Of those awards, the mean settlement was 6,552 and the mean compensation payout 1,386. A spokesman for Cleveland Police said that its figure of the total paid out in compensation was wrongly inflated because it included legal costs paid out to claimants as well as the police’s costs in defending claims. The true figure of damages and compensation paid out in 2006-07 was 461,889, it said. But Ms Brooke said that the question encompassed all money paid out, whether directly in compensation or to lawyers in legal fees.

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