MPA involvement in police ill health retirement procedures

Report: 6
Date: 21 July 2003
By: Clerk

Summary

As part of the Police Reform Act 2002 proposals, new provisions have been implemented from 1 July 2003, introducing the concept of an independent and objective Selected Medical Practitioner (SMP), separate from the role performed by the Metropolitan Police Service’s (MPS’s) Force Medical Adviser (FMA). The SMP’s role is to determine whether a police officer is permanently disabled from performing operational duty and if they are, to provide a report on the officer’s capabilities to perform a non-operational role. The Police Authority will decide on the basis of the SMP’s report and submissions from the Commissioner and the officer, whether he or she will be retired on grounds of ill health or retained in service.

A. Recommendation

That the Committee notes the procedure outlined below.

B. Supporting information

1. As part of the Police Reform Act 2002, to ensure that wherever possible the skills and experience of officers are not lost through ill health retirement, there are new provisions effective from 1 July 2003, that introduce the concept of an independent and objective Selected Medical Practitioner (SMP), separate from the role performed by the Metropolitan Police Service’s (MPS’s) Force Medical Adviser (FMA). These proposals were introduced at a very late stage during the passage of the legislation, leaving very little time for the MPA and the MPS to make the necessary arrangements. The SMP’s role is to determine whether a police officer is permanently disabled from performing operational duty and if they are, to provide a report on the officer’s capabilities to perform a non-operational role. The Police Authority will decide on the basis of the SMP’s report and submissions from the Commissioner and the officer, whether he or she will be retired on grounds of ill health or retained in service.

2. The new procedure reaffirms the principle set out in the Police Pension Regulations that decisions on medical retirements are ultimately for the police authority. The role has, until now, been delegated to the MPS. The new procedure is intended to ensure:

• A clearer separation of roles and responsibilities – of force management, the FMA, the police authority and the SMP;
• A focus on the importance of early and proactive work and intervention involving force management, occupational health services and the FMA, where early concerns about the health of an officer are identified. The priority should be to work with individuals to enable them to return to work;
• That police authorities appoint SMPs who are different from, and independent of, FMAs. The aim here is to bring in a new, robust and fully objective medical opinion to inform the consideration of medical retirements.
• The ability of police authorities to decline to refer an officer to the SMP to consider issues of medical retirement where the officer has failed to co-operate with management attempts to look at options for redeployment / rehabilitation etc, or where the request is frivolous or vexations;
• Where officers are referred to the SMP, the SMP will be asked to report to the police authority on BOTH:
  • an assessment of the capabilities of the officer concerned in relation to the normal duties for the rank and whether any ‘disablement’ will be permanent – i.e. up until normal retirement age; and
  • an assessment of the ability of the officer concerned to carry out other tasks relevant to the rank, as set out in the competency framework.
• Armed with this assessment and a report from the force, police authorities will be able to judge whether the officer concerned is capable of carrying out sufficient of the ordinary duties of the rank to make retention justified. In other words, the fact that an officer meets the specific test of ‘permanent disablement for the normal range of duties’ will only be part of the equation that police authorities will need to consider. Even if an officer meets this test, medical retirement will not be automatic where it is clear that the officer can undertake ‘sufficient’ of the ordinary duties of the rank, commensurate with a police career.

3. It is anticipated that up to 240 cases may be referred to the SMP each year. The decisions of the SMP will be open to appeal by individual police officers to regional appeals boards. Because of the numbers involved, the MPA has initially retained two SMPs who will be paid a daily rate for up to 2-3 days work per week. It has also been necessary to rent suitable consulting rooms to ensure a clear separation between the roles of the MPA and the MPS in order that medical examinations can be carried out. Once the likely workload has been established over the next 3-4 months, the MPA may wish to take steps to contract two SMPs on a part-time basis.

4. The Chair of the Human Resources Committee (HRC) and the Head of Human Resources and Professional Standards have discussed and agreed the detail of the procedures with officers from the MPS.

C. Equality and diversity implications

There are no implications in these proposals.

D. Financial implications

Financial provision has been set-aside in this financial year to fund the part-year costs. In a full year the cost is likely to be £100k.

E. Background papers

None

F. Contact details

Report author: Alan Johnson, HR, MPA.

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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