Commissioner drops bid to recover £100k ‘unauthorised payments’ to former top cops

Commissioner's statement

Selby Online has received the following statement made jointly by Commissioner Juila Mulligan and Chief Constable Dave Jones:

“We are continuing to urge Mr Maxwell and Mr Briggs to pay back taxpayers’ money that they should not have received. We believe there has been an overwhelming public argument put to them to return the funds, the reasons for which are highlighted in the report.

However, at the same time, we have to be pragmatic. At present, our specialist barrister’s clear advice is that the costs of taking this matter to court will outweigh any potential financial payback. This would in effect amount to throwing good money after bad, and we do not think that it is in the taxpayer’s interest.

One of the main obstacles to legal proceedings was the quality of the paperwork, and lack of personnel files, inherited from the Police Authority. Although it remains the Police Authority appeared to act in good faith, it is highly regrettable and frustrating to have inherited this position, and we have taken steps to ensure this cannot happen again. We also have to bear in mind this is an untested area of law, which makes the matter more complex still.

We will be keeping a close eye on developments of other Chief Officer payment reviews in other areas of the country. It must be stated that each area has a unique set of circumstances that may require different actions, and it may well be worth recovering these payments in other police force areas.

We also want to be clear that other serving and recently employed Chief Officers at North Yorkshire Police named in the Report have provided sufficient reassurance regarding medical expenses, and no further action is needed.

To continue with the spirit of openness and transparency, all members of the Executive Board have today published their terms of employment.

Equally importantly, in our opinion, the Review has also highlighted the urgent need to have complete clarity from Government on the rules, regulations and determinations and we urge the Home Secretary to respond to national requests by the Chief Police Officers’ Staff Association (CPOSA), the Association of Police and Crime Commissioners and others to do so. It is important for the integrity of the police service as a whole that any grey areas are erased to avoid matters such as these arising again in the future.

We can confirm that all new Chief Officer appointments made since November 2012 do not deviate from national regulations and determinations. These new appointments demonstrate a clear saving to the public purse when compared to previous appointments.”

The news comes as a report, published jointly by Commissioner Julia Milligan and Chief Constable Dave Jones, examines the legalities of allowance packages paid over the previous six financial years to top Officers by the now defunct North Yorkshire Police Authority.

Whilst noting that the payments to former Chief Constable Maxwell and former Deputy Chief Constable Adam Briggs had been made in good faith, the report found a number of payments made to appear to have been made without the Authority having the legal power to do so. Following the discovery, the Commissioner's office last month made a formal request to the former officers for the money – approximately £100,000 – to be repaid to the force.

But following this request, it has now been revealed that the Commissioner has decided not to pursue the recovery of the money through the courts on the basis of legal advice that any such challenge would likely be unsuccessful.

The advice, received by the force from Specialist Counsel in the last two weeks, explains that whilst there is a strong argument that the payments did not have a sound basis in law, the North Yorkshire Police does not have the necessary, comprehensive evidence to compile a case. Additionally it believes that the cost of taking the case through the courts would, in all probability, outweigh any amounts likely to be recovered.

Speaking upon learning of the decision not proceed with plans to recover the payments, former Deputy Chief Constable Adam Briggs said, “I am pleased, though not surprised, to learn the review has concluded I acted in good faith throughout and that the PCC has accepted advice to drop this action.

“It seems incredulous to me that a PCC could have ever believed that a police force, or any responsible employer, could appoint someone on clearly laid out terms and conditions and then six years later try to renege on the agreement.

“I was disappointed that the PCC deployed this issue heavily into the public arena via the media and I can, but speculate as to why she did this.”

Commissioner Mulligan and Chief Constable Jones jointly issued a statement which can be read in full here on Selby Online.