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PC Gordon Warren

I congratulate the hon. Member for Carshalton and Wallington (Tom Brake) on securing this debate. The issue is longstanding, as he said, and I pay tribute to his commitment to his constituent in pursuing it. However, I am not sure what I can say that is new on the matter. As the hon. Gentleman has made us aware, the issue has a very long history, having run for nearly 26 years. It was raised in debates by the hon. Gentleman and his predecessor on at least two occasions—in 1994 and 2000. In the light of its long history, I do not intend to go into it in great detail, but it is important to set out the main points. In January 1985, a medical certificate was issued to Mr. Warren by Dr. Charles Bott, the selected medical practitioner for the Metropolitan police, certifying that Mr. Warren was medically unfit and suffering from paranoia. The decision set out in the certificate was overturned on appeal by the independent medical referees appointed by the Home Office, but in 1986 another medical certificate was issued by Dr. Bott, and in 1988, the second certificate issued by him was declared by the administrative court to be unlawful, based on the technical ground that, when a medical officer of the force has already expressed a view that is adverse to a particular police officer, he cannot lawfully act as the qualified practitioner for deciding whether the same officer is permanently disabled. In acting as a qualified medical practitioner, Dr. Bott was performing a quasi-judicial function and was under a duty to act fairly. During the hearing that year, Mr. Warren was awarded £13,312.53 by way of full compensation. The court did not order his reinstatement, and exemplary damages were refused. In 1989, Mr. Warren appealed to the Court of Appeal, seeking reinstatement and exemplary damages. Although the appeal was dismissed by the Court of Appeal, he was awarded a modest sum of a further £3,500. In response to claims that Mr. Warren had told lies against Dr. Bott, the Court of Appeal determined that Dr. Bott did not act unreasonably or irrationally, and that he had reached his decision in good faith. Lord Justice Balcombe, who presided over the case, believed that it was important to express in his concluding statement that"““the police have behaved very properly””" with regard to Mr. Warren and his case. He urged Mr. Warren to recognise that there are two sides to the story. It must be noted that Mr Warren's case against the Metropolitan Police Service was considered by both the High Court and the Court of Appeal, and that full compensation was awarded. In April 2000, after many years of protracted correspondence, the Metropolitan police wrote to Mr. Warren stating that, after careful consideration of the case in its entirety, it would make an ex gratia offer of £85,000, which had already been offered, and that the offer would be available for a further 28 days, after which it would be permanently withdrawn. Mr. Warren did not accept the offer and declined it by telephone. Correspondence on 8 May 2000 to Mr. Warren from Sir Ian Blair, in his then role as deputy commissioner, formally closed the matter. The letter clarified that no further correspondence about the matter would be entered into, any letters received would not be acknowledged, and that any telephone calls would be promptly terminated. I understand that, on behalf of his constituent, the hon. Gentleman wrote to the Metropolitan police on 24 July 2008 asking for his case for compensation to be reconsidered. It was explained to him that it would not be reconsidered, and that the case remained closed. I understand why the hon. Gentleman wishes to bring the case to a resolution and to help his constituent, particularly in the light of Mr. Warren's state of health. However, this is not a matter in which Home Office Ministers have a specific role, following the creation of a police authority for the MPS on similar lines to police authorities for other forces. The Home Office has no legal authority to intervene in a matter of this kind, as it is a dispute between the hon. Gentleman's constituent and the Metropolitan Police Service. However, I am confident that the Metropolitan police will be aware of today's debate.