The Association of Police Authorities Chair, Cllr Mark Burns-Williamson met with the Policing Minister and the Association of British Insurers yesterday, 20.12.11, to agree ways of speeding up the settlement of outstanding claims for damage and loss incurred during disturbances last summer.
Under the Riot (Damages) Act 1886, individuals and businesses may claim certain costs of damage and loss incurred during riots from the police fund, held by 43 regional police authorities, if their losses were uninsured. The same Act also allows insurance companies to claim many of their payouts for riot damages back from the police fund.
Following the disturbances across England in late August, claims with a total value exceeding £300m are understood to have been submitted.
APA Chairman Cllr Mark Burns-Williamson commented:
“All those involved in responding to the riots share the public’s concern that some claims for compensation remain unresolved, so the Home Office, Insurers and Police Authorities have again met at the highest levels to drive faster redress for riot damages and loss. Despite the goodwill and best efforts of all partners, the resolution of claims on the basis of an outdated Act has been complex. Multiple agencies have been involved, most claims required further information to be submitted and, in a context of funding cuts, appropriate checks and balances had to be applied to protect the public purse from ineligible applications or fraud.
Last month, Greater Manchester and West Midlands police authorities committed to a target of resolving 50% of uninsured claims by Christmas and 100% by the end of January. Whilst the scale and complexity of claims in London will provide a real challenge, the Metropolitan Police Authority has agreed to work towards the same targets.
We’re delighted that in a sign of trust and confidence between the parties involved, representatives of the insurance industry yesterday agreed to progress their resolution of claims made under existing insurance policies without awaiting confirmation that police authorities would cover their costs.
We are also encouraged by the Government’s restated commitments to meeting the cost of uninsured claims, and to deal rapidly with applications for special grants from police authorities. We will continue our dialogue with Ministers about the other significant costs of the riots including insured claims and police overtime.
In their review of the summer disturbances, the Inspectorate of Policing (HMIC) yesterday wisely insisted that the police must spend more on training to better tackle such events in the future. Whilst committed to settling current claims for compensation, police authorities see little sense in diverting a shrinking police fund to meet future claims under an outdated law, when we have an effective insurance industry and the police fund should focus on preparing the police to prevent riot damage from occurring.
After a long campaign, we therefore welcome the Government’s agreement to review the outdated 1886 Riot (Damages) Act. Whilst those involved are committed to settling outstanding claims promptly, the public should not have to rely on a relic of Victorian riots for redress in the future.” ENDS
Notes:
A. Meeting the costs of the riots
1. The Riot Damages Act 1886
The Riot Damages Act 1886 Section 2 provides that: “Where a house, shop or building in a (police area) has been injured or destroyed or the property therein has been injured, stolen or destroyed, by any persons riotously and tumultuously assembled together, such compensation as hereinafter mentioned shall be paid out of the police fund…”. The 1886 Act also applies to injury or destruction of certain machinery. “Riot” or “riotously” are not defined by the 1886 Act but are defined in the 1986 Public Order Act
2. Section 1 of the 1986 Public Order Act
Section 1 – Riot of the 1986 Public Order Act states:-
(1) Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot.
(2) It is immaterial whether or not the 12 or more use or threaten unlawful violence simultaneously.
(3) The common purpose may be inferred from conduct.
(4) No person of reasonable firmness need actually be, or be likely to be, present at the scene.
(5) Riot may be committed in private as well as in public places.
(6) A person guilty of riot is liable on conviction on indictment to imprisonment for a term not exceeding 10 years or a fine, or both.
3. The cross party Home Affairs Select Committee (Members included David Cameron) endorsed our view that the Riot (Damages) 1886 should be repealed in 2002 (2nd report of the session):
“The Riot Damages Act 1886 seems arcane and a good case has been made for repealing it. Without prejudice to any existing cases, the Government should seek to repeal the Riot Damages Act 1886”. http://www.publications.parliament.uk/pa/cm200102/cmselect/cmhaff/612/61208.htm
4. Paying for extra police (mutual aid)
When police are called upon to work outside their normal force area (30+ forces provided officers to assist the Metropolitan Police during disturbances in august), the agreed procedure is that “The requesting force should reimburse the providing force for the exact costs incurred in paying for officers.” This includes a basic rate of 16 hours pay for every officer, irrespective of the number of hours actually worked. These arrangements are the subject of ongoing negotiations in the light of the recommendations for reform made by Tom Winsor earlier this year.