Project Sponsor Claims for Loss or Damage

Introduction

This topic covers general and process information for dealing with claims for loss or damage.

Criminal intent

The only situation in which CPPS can be held responsible for any cost related to the project sponsor’s equipment is when the offender is successfully prosecuted for causing the loss or damage with criminal intent.

In this situation the project sponsor can claim for reparation if they suffer any loss or damage to any property, including tools and equipment that is owned, leased or borrowed by the project sponsor.

Dealing with the project sponsor

The following guidelines apply when responding to a project sponsor who claims an offender is responsible for loss or damage to the project sponsor’s property:

Keep in mind at all times that it is important to maintain a good relationship with the project sponsor.
No staff may, verbally or otherwise, accept liability to the project sponsor for the cost of the loss or damage unless and until criminal intent is proven in court.
If considered necessary, remind the project sponsor that by the terms of the work project agreement, CPPS has agreed to take all care of, but no responsibility for, the project sponsor’s equipment.

Process

The following table shows the process used to resolve a claim by a project sponsor for loss or damage to their property which is suspected to have been the result of theft or damage with criminal intent.

Stage	Description
Notifying the claim
1	The project sponsor informs the probation officer or community work supervisor: that they have suffered the loss or damage of the details of the equipment or tools lost or damaged that they believe this was caused with criminal intent, and that they wish CPPS to make reparation for this loss or damage.
2	The probation officer: advises the project sponsor to make a formal claim, obtaining legal advice if they wish, and instructs the community work supervisor to prepare a report on the loss or damage.
3	The project sponsor or their legal counsel makes a claim for an ex gratia payment from CPPS.
4	The probation officer investigates the situation and prepares a report detailing all evidence available about the loss or damage.
5	The probation officer forwards the report and claim to the service manager and discusses the situation with them.
6	The service manager passes the report and the claim to the area manager, with any comments considered appropriate.
Assessing the claim
7	The area manager: assesses the legal implications and obligations relating to the claim makes a decision about the liability of CPPS in this situation, and advises the service manager of the decision and rationale.
8	Is there sufficient evidence to charge the offender(s) responsible? If yes, then go to stage 9. If no, the probation officer advises the project sponsor of this in writing, advising them to claim on their insurance. This completes the process.
Resolving the claim
9	The probation officer initiates a breach charge and/or a charge for theft or willful damage as appropriate.
10	Are the breach and other charges successfully prosecuted? If yes, then go to stage 11. If no, the probation officer advises the area manager and project sponsor (in writing): of the court decision, and to claim on their insurance.
11	The area office forwards payment of the claim to the project sponsor.

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