PCD 1259 CPOSA membership

PCD 1259 CPOSA membership

This paper seeks approval for the continuation for the Metropolitan Police Service (MPS) to pay for chief police staff and officers legal protection insurance. This provides individuals with cover for criminal prosecution, civil defence, misconduct and unsatisfactory performance, inquest representation cover, etc. The procurement of the insurance is by way of a single tender action following a procurement exercise by the Chief Police Officers’ Staff Association (CPOSA).  The cost of the insurance premia is funded from within MPS budgets. 

The Deputy Mayor for Policing and Crime is recommended to:   

1. Approve the single tender action (STA) for the Chief Police Officers’ Staff Association (CPOSA) in providing professional indemnity Insurance for MPS Chief Officers via a group insurance policy.  This insurance is offered to MPS Senior Police Officers and to Senior Police Staff at Broad Band 1 and Broad Band 2. 

2. Approve that the MPS continue to pay the reactive element of CPOSA membership for eligible officers and staff 

3. Approve funding for the next 4 years (2023 - 2027).  Please note: there was a 15% rise in costs for 2022-2023 compared to 2021- 2022.  This is because of the following factors: 

• A challenging insurance market at present. 

• A limited choice of companies willing to offer and underwrite this specialist business. 

• Rate of inflation (9.1% in May 2022). 

4. Approve the retrospective approval of the spend associated with CPOSA membership for 2022/2023 because it exceeded the amount of budget allocated (£153,154) and approved by PCD 190 (signed on 24 April 2017). The MPS is seeking retrospective permission to increase the spend for 2022/23 by 10% to £168,469. 

PART I - NON-CONFIDENTIAL FACTS AND ADVICE TO THE DMPC 

1. Introduction and background  

1. MOPAC previously approved a multi-year arrangement for the payment of the legal insurance provided by the Chief Police Officers’ Staff Association (CPOSA) in 2017 – PCD190.  The latest re-procurement by the Chief Police Officers’ Staff Association (CPOSA) has resulted in a price above the previously approved threshold.  

2. Issues for consideration 

1. The 2022/23 price for the legal insurance for senior officers and staff has exceeded the previous approval and so there is a recommendation to retrospectively approve this sum. 

2. The 2022/23 price and the expected future prices 2023/24-2026/27 are impacted by a challenging insurance market at present, a limited choice of companies willing to offer and underwrite this specialist business, and the rate of inflation (9.1% in May 2022).  Further detail is set out in the restricted part of this report. 

3. Financial Comments  

1. The estimated cost of the insurance of £168,469 for 2022/23 will be funded from within existing budgets. 

2. The MPS have provided assurance that the estimated costs for the proposed 4 year term can be met from within their existing budgets.    

4. Legal Comments 

1. The Mayor’s Office for Policing and Crime (“MOPAC”) is a contracting authority as defined in the Public Contracts Regulations 2015 (“the Regulations”). All awards of public contracts for goods and/or services valued at £213,477 (inclusive of VAT) or above shall be procured in accordance with the Regulations. This report confirms the value of the proposed contract exceed this threshold and therefore the Regulations apply.    

2. The MPS Legal Services confirm that the single tender action is a compliant route to market for both 2022/23 and the longer term proposal.  

3. Paragraph 4.8 of the MOPAC Scheme of Delegation and Consent provides that the Deputy Mayor for Policing and Crime (DMPC) has delegated authority to approve business cases for revenue or capital expenditure of £500,000 or above. 

4. Paragraph 4.13 of the MOPAC Scheme of Delegation and Consent provides that the Deputy Mayor for Policing and Crime (DMPC) has delegated authority to approve all contract exemptions for £100,000 or above. 

5. Commercial Issues  

1. CPOSA has carried out a procurement to acquire insurance for its members.  The MPS assure that the process is robust.  This paper seeks approval to pay for the reactive elements of the insurance in line with previous approvals.   

6. GDPR and Data Privacy  

1. MOPAC will adhere to the Data Protection Act (DPA) 2018 and ensure that any organisations who are commissioned to do work with or on behalf of MOPAC are fully compliant with the policy and understand their GDPR responsibilities.   

2. The MPS assure that project does not use personally identifiable data of members of the public, so there are no GDPR issues to be considered. 

7. Equality Comments    

8. MOPAC is required to comply with the public sector equality duty set out in section 149(1) of the Equality Act 2010. This requires MOPAC to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations by reference to people with protected characteristics. The protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. 

9. The MPS assure that as this is an extension of an existing service and as the payment of the membership is solely dependent on the rank/grade of the senior leader it does does not change any aspects relating to equality or diversity. 

8. Background/supporting papers 

• Appendix 1 MPS Report  - CPOSA MEMBERSHIP COSTS