Compensation to members of the public for civil claims

 

I note you seek access to the following information:

 

Between March 2023 and September 2023 inclusive, please detail how much per month The Met paid in compensation to members of the public for civil claims. Please list individual payments over £15,000.

I have today decided to disclose some of the requested information.  Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

 

Section 40(2)&(3) - Personal Information

 

 

Civil Claims brought against the Metropolitan Police by members of the public are registered on the Directorate of Legal Services case management system as Malfeasance (MAL), Public Liability (PL) and Traffic (TRF) cases.  Attached is a spreadsheet showing the total amount paid by way of settlement (compensation) in each of these case types in the months March 2023 to September 2023.

 

During the period March 2023 to September 2023 there were 39 settlement payments over £15,000 in these case categories.  

I have exempted the release of individual payments over £15,000 by virtue of s.40(2) of the Freedom of information Act governing Personal Information as this would lead to the identification of individuals.  

 

Section 40(2)&(3) - Personal Information - Section 40(2)(a)(b) of the Act provides that any information to which a request for information relates, is exempt information if the first condition of Section 40(3A)(a) is satisfied. The first condition of Section 40(3A)(a) states that personal information is exempt if its disclosure would contravene any of the data protection principles. If the disclosure of the requested personal data would not contravene the data protection principles, the disclosure must also not contravene Sections 3A(b) and 3B of the Act. 

 

There are six principles that are set out in Article 5(1)(a) of the General Data Protection Regulations (GDPR) that dictate when the processing of personal data is lawful. The first principle requires that any processing of personal data must be lawful, fair and transparent. Under Article 6(1)(f)  of the GDPR, the disclosure of personal data is considered to be lawful if:

 

a. There is a legitimate interest in the disclosure of that personal data.

b. The disclosure of the personal data is necessary to meet that legitimate interest.

c. The disclosure would not cause unwarranted harm to the data subject.

 

Having considered the release of information relating to the individual payments over £15,000 I have found, having considered the legitimate interest test, that:

 

a) The disclosure of this information would satisfy an identifiable legitimate interest, this being to provide information that will show transparency and accountability.   

 

b) The disclosure of the requested data which could lead to identification is not necessary to satisfy the legitimate interests identified at point a. I am of the opinion that the excel sheet provided meets the legitimate interests as identified in point a.

 

c). I have exempted the detailed information for each payment over £15,000, as to provide this information would amount to disclosing personal information as, in combination with information already in the public domain, this could lead to the identification of the individuals to whom the payments were made.  Publication of this information would be likely to lead to unwanted and unsolicited intrusion. In this regard, I believe that disclosure of this personal data would be likely to cause unwarranted harm. 

 

The provision to refuse access to information under Section 40(2)(a)(b) and (3A)(a)

of the Act is both absolute and class based. When this exemption is claimed, it is accepted that harm would result from disclosure. There is accordingly no requirement to demonstrate what that harm may be in refusing access to information. 

 

Disclosure

CivilClaims(MAL)
	Mar-23	Apr-23	May-23	Jun-23	Jul-23	Aug-23	Sep-23
Total Settlement Amount	£88,350.00	£1,220,656.05	£637,500.00	£555,354.44	£2,687,050.00	£428,586.00	£32,000.00

 

 

CivilClaims(PL)
	Mar-23	Apr-23	May-23	Jun-23	Jul-23	Aug-23	Sep-23
Total Settlement Amount	£21,257.78	£58,618.36	£48,743.51	£24,079.03	£10,880.72	£56,431.74	£18,589.00

      

 

CivilClaims(TRF)
	Mar-23	Apr-23	May-23	Jun-23	Jul-23	Aug-23	Sep-23
Total Settlement Amount	£212,854.17	£176,341.91	£228,383.16	£211,172.49	£103,423.42	£199,559.62	£128,790.81

       

Data Definitions
Total Settlement Amount	Total paid out on Compensation
Civil Claims (MAL)	Claims from members of the public which may include allegations of excessive force; false evidence; misapplication of the law; misunderstanding of the law; deliberate wrongdoing or failure to act; deliberate or accidental neglect; breach of European Convention rights
Civil Claims (PL)	Claims brought by members of the public – eg: Damage to property
Civil Claims (TRF)	Claims brought by members of the public – eg: Damage to car by police
Data correct as at 03/10/2023