MPA involvement in police ill health retirement procedures

Report: 14
Date: 6 November 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) acting on behalf of the Metropolitan Police Authority (MPA), and separate from the role performed by the Metropolitan Police Service’s (MPS’s) Force Medical Adviser (FMA). The SMP’s role is to determine, on behalf of the authority, 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.

A. Recommendation

That the Committee endorse the procedure outlined below.

B. Supporting information

1. Under the Police Pensions Regulations, the Authority has the discretion to require a regular police officer to retire on the grounds that he or she is permanently disabled for the performance of his or her duty. Disablement is defined as - the inability, occasioned by infirmity of mind or body, to perform the ordinary duties of a member of the force. The MPA has delegated to the Commissioner the Authority’s powers and functions under the Police Pensions Regulations, except those relating to ACPO officers and forfeitures of pension.

2. As part of the Police Reform Act 2002, new provisions have been implemented from 1 July 2003, introducing the concept of an independent and objective Selected Medical Practitioner (SMP), to perform a role separate from that carried out by the Metropolitan Police Service’s (MPS’s) Force Medical Adviser (FMA). The SMP’s role is to determine, on behalf of the authority, whether a police officer is permanently disabled from performing operational duty and if they are, to provide a report on their capabilities to perform a non-operational role.

The role of the MPS’s FMA

3. The FMA provides advice and guidance to management about health issues, dealing specifically with sickness and with fitness for duty. In the context of medical retirement the SMP is provided with management information by the ‘police Authority’ (delegated function) and medical information by the FMA. The FMA provides two reports to the SMP, one setting out the medical background to the case, giving an opinion on the issue of permanent disability and the second an opinion of the officer’s capabilities. The reports would take account of the assessments of the officer’s doctor and hospital specialist as appropriate.

4. The FMA is required to back up his or her submission with a full medical history and relevant reports, X-rays or scans. The police authority ensures that there are grounds for a referral to the SMP and that sufficient management information has been provided.

The role of the MPA’s SMP

5. Under Regulation H1:

“Where the police authority are considering whether a person is permanently disabled, they shall refer for decision to a duly qualified medical practitioner selected by them the following questions:

1. whether the person concerned is disabled;
2. whether the disablement is likely to be permanent.”

6. In determining these questions the SMP must decide whether it is more likely than not that, despite appropriate medical treatment, he or she will remain unable to carry out the duties of a police officer until compulsory retirement age (55).

7. In cases where the SMP finds that the person is more likely than not to be permanently disabled he or she will be asked to provide an opinion as to their capabilities, taking into account reasonable adjustments.

Retirement decision

8. The power to determine whether an officer is to be required to retire on medical grounds is vested in the police authority by virtue of Regulation A20 of the Police Pensions Regulations 1986, as follows:

“Every regular policeman may be required to retire on the date on which the police authority determine that he ought to retire on the ground that he is permanently disabled for the performance of his duty.”

9. The intention set out very clearly in the new provisions is that the service should not lose the skills and experience of officers who are still able to make a valuable contribution. Therefore officers should be retained in service wherever possible, even when assessed as permanently disabled.

10. When making a decision the police authority is required to take into account:

• A report from the SMP
• A report from the Commissioner or someone acting on his behalf containing the following:
  • Confirmation that he or she has seen the SMP’s report, and advice on whether, in the light of that, he or she considers that the officer should continue with a police career;
  • Information on if the officer is involved in any current or pending misconduct proceedings and the seriousness of any case.
• Comments from the officer, who will have seen the reports of both the SMP and the Commissioner.

11. The Clerk will receive, on behalf of the Authority, regular reports on the action taken under these Regulations.

Dispute resolution and medical appeal

12. A board rather than a single referee will in future consider appeals against a decision by the SMP. These boards have yet to be appointed by the Home Office.

Workload

13. The current changes will only require the SMP to make decisions on ‘permanent disability’ for the purpose of ill health retirement, and deferred pension requests together with ‘late appearing injury pension’ requests. However it is likely that this will be extended, possibly within the next 12 months, to include more decisions on additional injury pensions and attendance at appeals, all of which are currently carried out by MPS’s FMAs.

14. Estimates of workload have been based upon past experience and show that as many as 250 cases could eventually be referred to the SMP each year. The MPA has determined that it is most cost effective to retain two SMPs who are paid a daily rate to carry out the work. It has also been found more cost effective to hire suitable consulting rooms, again on a daily basis, 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, although the current arrangements do offer a greater degree of flexibility and could be retained. The flowchart at Appendix 1 sets out the process that will be followed.

C. Equality and diversity implications

There are no implications in these proposals, although data relating to these cases will be monitored.

D. Financial implications

Financial provision has been set-aside in this financial year to fund the part-year costs. In 2004/5, and a full year, the cost is likely to be £100k; this sum has included in the Medium Term Financial Projection.

E. Background papers

• MPA involvement in police ill-health retirement procedures (Co-ordination and Policing Committee 21 July 2003)

F. Contact details

Report author: Alan Johnson, MPA.

For more information contact:

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

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