Bedfordshire Police Authority faces damages costs for Yarl’s Wood riot

Judges at the Appeal Court have ruled that Bedfordshire Police Authority can be sued for the damage caused during the 2002 Yarl’s Wood riot, which saw part of an immigration detention centre entirely destroyed by a fire.
Three judges agreed that the organisations that operated the centre, Yarl’s Wood Immigration Ltd and GSL (UK) (formerly Group 4), can approach the police authority to try to recover the costs of the damage under the 1886 Riot (Damages) Act, amounting to approximately £42 million plus legal costs.
This new decision goes against a 2008 High Court ruling which said that the Act was not intended for businesses which were “operating as a public authority” but for the compensation of citizens.
Bedfordshire Police Authority also faces paying the estimated £500,000 costs of the legal action so far.
Police forces handling riots are liable to cover losses under the 1886 Riot (Damages) Act. But last year, the authority won a High Court case which ruled the Act was intended to compensate ordinary citizens, not private contractors who were themselves operating as a “public authority” at the detention centre on behalf of the Home Office.
Despite this, three Appeal Court judges have since ruled that the Act, which allows companies and individuals to sue the police over loss caused by riots, could be used to bring a damages claim.
A date is yet to be set for a trial over liability and the amount of damages due.
Lord Justice Rix, siitting in the Court of Appeal, said responsibility for law and order at Yarl`s Wood was shared between Group 4 and the police, but emphasised that the security firm’s powers to control any riot were “severely constrained” by limited powers of arrest.
The three appeal judges agreed that Group 4 was covered under the Act and was entitled to bring a claim for the riot damage.
There has already been a ruling in the Court of Appeal that the police’s insurers will be responsible for covering any losses.
Almost half of Yarl’s Wood detention at Clapham, Bedfordshire, was destroyed by the fire which was started on February 14, 2002.
High Court judge Mr Justice Beatson said that although Bedfordshire Police had a “fundamental duty” to maintain law and order, the officers were in their right to stay on guard at the perimeter fence until invited onto the site by the operators.
Peter Conniff, chairman of Bedfordshire Police Authority, said: “Obviously the authority is disappointed to learn of the Appeal Court’s decision, which rules that Group 4 and their insurers are entitled to make a claim against the authority and our insurers under the Riot Damages Act 1886.
“This decision reverses that of the High Court last year and there are obviously a number of legal issues that still need to be considered. However, I would like to reassure local taxpayers that any successful claim against the authority will be met by our insurance and not from the taxpayers’ pocket.”
A further High Court hearing is expected, but Mr Conniff said Bedfordshire Police Authority is unable to make further comment on the “saga” at this stage.
Tanya Evans, CEO of the Association of Police Authorities (APA) said: “The APA is disappointed at the decision of the court ruling and alarmed by the possible implications this could have on police authorities in the future.
“The APA will continue to follow the case and will provide support to Bedfordshire Police Authority throughout the proceedings to uncover what can be learnt from this case.
“It must be made clear that the cost will be covered by Bedfordshire Police Authority insurance and will not come from the tax payer.”