Recuperative and restricted duties policies

Report: 8
Date: 4 March 2004
By: Commissioner

Summary

The recuperative and restricted duties policies have recently been revised with the aim of:

• Improving the management and control of recuperative duties.
• Increasing the opportunities for police officers to remain in service, by finding jobs that use their police skills and experience if they are suffering from a long-term illness or disability.

In the case of recuperative duties, the main change is that those on recuperative duties will not be allowed to continue on recuperative duties beyond a 12 month period, unless exceptional circumstances prevail, and then only with the endorsement of the Occupational Health Senior Physician and Director People Development, following a re-assessment of the case.

In the case of restricted duties, the revised policy recognises the need to retain the skills of experienced police officers wherever possible through improved flexibility in workplace roles and dealing with all officers as individuals. The revisions are also intended to ensure that the MPS meets its obligations under the Discrimination Disability Act (DDA). The policy identifies the three routes to an officer being placed on restricted duties:

• Through the Selected Medical Practitioner (SMP), following an assessment that an officer is not permanently disabled and subsequent production of a capability report.
• Through re-assessment of long term recuperative duties by the Occupational Health Senior Physician; and
• Through the submission by a business unit to the Business Group Business manager.

All three routes to restricted duty require input from local managers. Key to the success of the restricted duty policy is the implementation of a posting process that will enable the MPS to look service-wide for posting opportunities for those officers unable to be accommodated on their home unit, although the expectation is that the majority of officers will remain with their existing teams.

A. Recommendation

That members note the revised policies.

B. Supporting information

1. The revised recuperative and restricted duties policies for police officers are attached at Appendix 1. The MPA asked a number of questions in its commissioning brief with respect to the policies.

What are the differences between the policies in terms of determining who is placed on recuperative duties and who is placed on restricted duties?

2. The objective of the recuperative duties policy, which covers police officers and police staff, is gradually to return an individual to full duties following a period of sickness absence. The objective of the restricted duties policy, which focuses on police officers, is to allow a long-term restriction of duties to retain the expertise of police officers and prevent their inappropriate early retirement. It will be seen, therefore, that an individual will be placed on recuperative duties in order to facilitate a return to full fitness and full duties. Only where full rehabilitation is not possible will an officer be placed on restricted duties or a member of police staff be considered for retraining and redeployment.

What is the process for reviewing individuals on recuperative duties?

3. It will be seen that there is a requirement for regular reviews for any individual placed on recuperative duties. The intention of the reviews is to reassess the duties and hours performed by the individual in the light of the latest medical information. Only in exceptional cases will an individual remain on recuperative duties at the end of 12 months.

Is the decision to place an individual on recuperative or restricted duties a management decision or an occupational health decision?

4. The decision is one for the local management, taking into account information provided by the Occupational Health Unit. Occupational Health will obtain information from the individual’s GP where necessary.

What is the meaning of ‘operational’ within the terms of the policies?

5. There is no hard and fast definition of 'operational'. Wherever possible, for a police officer on recuperative or restricted duties, local managers will endeavour to find a role that uses the officer’s policing skills and experience. It may be, for example, that an officer on recuperative duties continues to perform his/her policing role, albeit on reduced hours. Where an officer is placed on long-term restricted duties, the role must make use of the officer’s powers and skills, in order to comply with the Police Negotiating Board (PNB) Agreement of 9 May 2002. As Members know, the PNB Agreement (to which police authorities, including the MPA, were party) was designed to ensure that officers who are unable to undertake the full range of operational duties are, wherever possible, retained rather than retired prematurely on ill-health grounds. The objective of the PNB Agreement was not about driving down the cost of ill-health retirements but retaining and using the skills and experience of police officers.

What impact, if any, will the Disability Discrimination Act (DDA) have upon either policy or the decision-making process?

6. The policies are compatible with the provisions of the DDA. Managers will have to take into account an individual’s disability, within the meaning of the DDA, and make reasonable adjustments, as necessary. It is likely that, when the DDA is extended to police officers in October 2004, the number of officers on restricted duties will increase.

What numbers are on recuperative duties and restricted duties?

7. Currently, there are around 900 on recuperative duties and 300 on restricted duties. We do not have the numbers broken down by gender or ethnic origin.

Are there any individuals that should be on recuperative or restricted duties but are not because there is not a suitable post?

8. Not to our knowledge. Anyone who is certified as not fit for full duties would not be ‘forced’ to perform full duties.

Does the individual have any choice about the post to which he/she is assigned?

9. Managers are required to take into account representations from the individual officer or member of staff. However, the final decision is one for the manager.

C. Equality and diversity implications

The policies ensure that the skills and experience of disabled staff (within the meaning of the DDA) together with individuals with long-term restrictions on the duties that they can perform are retained in the MPS. We will monitor the application of the revised policies to determine whether there is any disproportionate impact on female or VEM officers and staff. At the moment, we do not have any evidence to suggest that there is any disproportionality with respect the previous recuperative and restricted duties policies.

D. Financial implications

There are no financial implications arising from this report.

E. Background papers

None.

F. Contact details

Report author: Gordon Davison, Director HR People Development, MPS.

For more information contact:

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

Appendix 1

Recuperative duties

1. Objective of recuperative duties

1.1 The recuperative duties policy applies to police officers and police staff.

1.2 The objective of recuperative duties is to facilitate an early return to work following a period of sickness absence where a police officer may not be fit for a ‘full range of operational duties’ or, where a member of police staff is not fit for his/her duties or contractual hours. Recuperative duties are a short term, temporary programme of work to enable those recovering from a long-term illness or injury to progress to full duties. The reintroduction of individuals at an early stage back into the workplace is an essential part of the rehabilitation process.

1.3 As a starting point, officers and staff returning from a period of sickness absence should do so on the assumption of returning to full duties, and full hours at their normal location, unless medical advice indicates otherwise. Where full hours or full duties are not possible, a programme of recuperative duties should be drawn up. Individuals who perform shift duties and who need to return to work on recuperative duties should continue to work in their shift pattern.

1.4 Only in exceptional circumstances and where supported by medical evidence, should a ‘reduced hours’ programme be considered. The hours will be agreed between Occupational Health and the HR Manager. Where external medical advice contradicts the advice of the Occupational Health (OH) practitioner on the scope and extent of the recuperative duties to be undertaken, the OH practitioner should write to the GP and/or consultant, setting out in detail the recuperative programme to be undertaken, the support mechanisms in place and seeking explanations why such a programme cannot be undertaken by the officer.

1.5 All recuperative duty posts should match the abilities of the individual to the role and the work should be meaningful and utilise the skills of the individual.

2. Recuperative duties procedure

2.1 Any police officer or member of police staff who has up to 28 days continuous sickness absence must be referred to OH.

2.2 The Medical Officer or Occupational Health Adviser will assess the case and, where appropriate, advise on the individual’s return to work. This will take into consideration medical evidence from the individual’s GP or Medical Specialist and from the individual’s line manager.

2.3 Following the assessment, recommendations about a suitable return to work will be made to the line manager and HR Manager (on form 6104A Part 1 and Part 2 recuperative duty pro forma) by the Occupational Health Adviser or Medical Officer. This assessment will include:

• Expected date of return
• Any restrictions required in terms of hours worked or roles performed
• Duration of restrictions
• Date of review

2.4 On receipt of this assessment, the line manager or HR manager will facilitate the individual’s return to work. The Health and Safety at Work Act places a responsibility on the employer to ensure an assessment is completed to ensure that the individual is sufficiently skilled or otherwise fit for the role and does not present a danger to self or others. In such cases, advice from OH should be sought. This will involve a form of job assessment to match the role profile to medical or other issues. Once a role has been identified for the individual to carry out, the management will conduct a risk assessment and record the outcome on Form 6104B. Where disability issues are involved, advice must be sought from the Strategic Disability Team on ext 62442.

2.5 Reviews, supported by OH as appropriate, should be carried out by managers, at no more than monthly intervals, to monitor progress. Progress will be recorded on form 6104A.

2.6 If an officer or staff member is still on recuperative duties at the end of three months, HR managers will, in consultation with a Medical Officer, undertake a formal review. Such reviews will continue at quarterly intervals, up to a maximum of 12 months on recuperative duties.

2.7 Restrictions should be assessed and adjusted as appropriate by managers, in consultation with OH.

2.8 Once a return to full duties has been achieved, the individual will be discharged from OH.

2.9 Recuperative duties should not last more than twelve months. If a return to full duties has not been achieved and there is no improvement within the timescale, there will be a case conference to decide whether the individual should be placed on restricted duties or exceptionally should continue on recuperative duties (please see paragraph 2.2 on restricted duties below).

2.10 Officers attending the Police Rehabilitation Centre at Goring, who immediately prior to attendance were absent through sickness, should still be shown as absent through sickness, whereas officers who have returned to duty on recuperative duties should continue to be shown as on recuperative duties while at Goring. Any rostered rest days that fall during attendance at Goring should not be re-rostered.

2.11 An officer on recuperative duty should not reduce his/her agreed hours of attendance in order to undertake other activities such as hospital appointments nor should the recuperative hours be reduced pro-rata to accommodate a short week arising from annual leave or bank holiday leave that falls on a day not worked by the officer.

2.12 Police officers appointed to part time working and police staff on part-time contracts should work the total number of hours set under the recuperative programme. Recuperative duty hours should not be reduced pro-rata on the basis of part-time working.

2.12 Officers on recuperative duty should not be granted an extension of service.

2.13 There is no right to recuperative duties and they can be withdrawn at anytime at the discretion of the individual’s HR Manager and/or Occupational Health. Individuals who are referred to OH and do not consent to the release of medical information should not be permitted to undertake recuperative duties unless he/she can produce valid medical evidence to support such a return to work. Individuals who also fail to co-operate with rehabilitation programmes should not be permitted to undertake recuperative duties and will remain sick until fit to return to normal duties.

Restricted duties

1. Objective of restricted duties

1.1 The restricted duties policy applies to police officers only.

1.2 The objective of restricted duties is to allow a long-term restriction of duties in order to prevent the inappropriate early medical retirement of competent police officers and to maintain their expertise in line with the requirements of the Disability Discrimination Act (1995) and Police Negotiating Board (PNB) agreement on improving the management of ill health – 9 May 2002. Police officers are not covered by the Act but changes in the legislation due to come into force on 1 October 2004, will bring them within the scope of the Act. In all cases involving disability, advice should be sought from the Strategic Disability Team on extn. 62442. The process for assessing permanent redeployment for police staff is already covered by the Disability Discrimination Act (1995). Officers who are unable, because of ill health or disablement, to carry out full operational duties and do not fulfil the recuperative duties criteria may be able to perform roles that do not require full operational fitness.

1.3 It is a fundamental principle of restricted duties that officers utilise their police skills within the role identified for them.

2. Routes into restricted duty

2.1 There are three separate routes to enable an officer to be placed on restricted duties.

2.2 Following a capability report from the Selected Medical Practitioner (SMP) as part of the assessment for ill-health retirement. In most circumstances, the decision as to whether an officer should become restricted is subject to the agreement of the Police Authority and relevant Business Group Business Manager. Further information about this process is contained in Notice 27/03 of 2 July 2003.

2.3 Following a re-assessment of a 12-month period of recuperative duty by the Occupational Health Senior Physician and Director of People Development.

2.4 Following submission by a business unit to their respective Business Group Business Manager for approval under circumstances not covered by the above two items.

3. Restricted duties procedure

3.1 The following provisions apply generically to the three restricted duty categories. Additions or variations to the procedure are shown separately.

3.2 Any officer placed into a restricted duties category must be seen by a medical officer to assess the officer’s physical and mental capabilities. (This is done automatically in relation to 2.1). Once complete, local management will determine whether an appropriate role is available within the home unit for the officer to perform, relative to their capabilities.

3.3 Initial responsibility for finding a suitable restricted duty role will rest with the home unit to which the officer is assigned and covered within the Budgeted Workforce Target (BWT).

3.4 A risk assessment must be carried out locally to ensure that the officer is sufficiently skilled and medically capable to perform the role identified for them; this may involve making necessary adjustments to the role to accommodate the officer’s needs. The risk assessment must include confirmation from an OH Medical Officer that the officer is capable of undertaking the proposed role.

3.5 Officers on restricted duties will be monitored by local management and be subject to review by the Medical Officer at intervals to be determined by the Medical Officer, taking in to account the individual circumstances of each case.

3.6 If an individual’s unit is unable to provide an appropriate role for the individual to perform within their capabilities, Form [new form number to be inserted] will be completed and sent to the Workforce Planning/Deployment Unit for a wider search of roles within the MPS to be conducted. Once a post has been identified, a risk assessment will be completed and the individual will be posted to the new role within 28 days. The new manager will monitor the individual and the individual will also be subject to a review by the Medical Officer at intervals determined by the Medical Officer.

3.7 Note: Business units will be expected to absorb a number of officers on restricted duty relevant to their BWT and ability to maintain operational resilience. Where disputes between units arise over posting arrangements and they remain unresolved, the next means of resolution should be at Business Manager level (at business group level - TP, SO, SCD etc). A lack of resolution at this level will result in Assistant Commissioner HR being the final arbiter.

4. Officers moving to restricted duty from recuperative duty after 12 months recuperative duty

4.1 Any officer who has been on recuperative duties for 12 months will be the subject of a case conference. The attendees of the case conference may include any or all of the following:

• The officer concerned,
• Line manager,
• HR manager,
• Medical Officer appointed by the Senior Occupational Physician,
• Occupational Health Adviser,
• Police Federation representative and
• (B)OCU commander.

4.2 The HR Manager should ensure that the case conference is convened in sufficient time for the case to be considered at the 12-month stage. The individual will be assessed by the Medical Officer, who will assess the following:

• Whether the officer should be placed on restricted duties (on full hours but not on full duties) or given an extended period on recuperative duties (see paragraph 4.3 below).
• If the officer is placed on restricted duties, what type of medical restriction should be applied?
• If the officer is placed on restricted duties, what the physical and mental capabilities of the individual are.

4.3 On receipt of this assessment, the case conference will determine whether an appropriate role is available locally for the officer to perform within their capabilities. Only in exceptional circumstances, may the case conference recommend that the period of recuperative duties be extended. The recommendation will then be considered by the Director HR People Development who, advised by the Senior Occupational Physician, will make the final decision.

4.4 If the officer is transferred to the restricted duty category, the Medical Officer must agree that the individual is fit for the proposed restricted duties role. The final decision will remain with individual’s Senior Management Team.

4.5 The process then continues as 3.3 to 3.6 above.

5. Restricted duties approved by the Business Group Business Manager

5.1 Where a business unit/OCU believes that an officer should be categorised as restricted and the officer does not fall within the categories shown at 2.1 or 2.2, the matter should be referred to the Business Group Business Manager, once a report from the Medical Officer is received confirming that the officer is eligible for permanent restriction.

5.2 If approval is given by the Business Group Business Manager, following the submission of Restricted Duties – Progress Sheet, the procedure follows the instructions given at 3.3 to 3.6 above.

6. Links to other policies and procedures:

6.1 Attendance management

6.1.1 Police officers on recuperative and restricted duties are subject to the rules and procedures that exist within the overall Attendance Management policy. That is, where the attendance of an officer on recuperative or restricted duties is unsatisfactory, he or she may be subject to action taken under the Police (Efficiency) (Amendment) Regulations 2003. Similarly, police staff on recuperative duties are subject to the provisions of the attendance management policy, and unsatisfactory attendance can be dealt with under the inefficiency procedure. In all cases, advice should be sought from the HR Manager prior to any action being taken.

6.2 Promotion and selection

6.2.1 Officers on recuperative/restricted duties may apply for promotion assessment if they can perform the activities required in the higher rank. If successful, they will be posted provided that there is a suitable post available, that is, a post that involves full hours (unless it is a part-time post) but may not necessarily involve fitness for a full range of operational duties.

6.2.2 It should be noted that officers on recuperative duties who are not working their full ‘contracted’ hours will not be posted on promotion until they are able to meet the full requirements of the new post.

6.2.3 Officers on recuperative and restricted duties may apply for other roles, as long as they can perform the activities required in those roles.

6.3 Postings

6.3.1 Please see Police Postings Policy Special Notice 9/01. As noted above, the starting point is that an officer on restricted duties will work on his or her 'home' (B)OCU. Only where a suitable post cannot be found or where there is compelling medical evidence to the contrary, will a restricted duty officer be posted centrally by the Workforce Planning/Deployment Unit. The aim of the central posting process will be to ensure an even distribution of officers on restricted duties across the MPS, having regard to operational resilience and the officer’s medical condition and needs.

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