H1 to A20 ELO Seminar Workshops 23 November 2010 Emma Hawksworth Russell Jones & Walker

ILL HEALTH RETIREMENT Old scheme - Police Pensions Regulations 1987 From 6 April new Police Pension scheme – Police Pensions Regulations 2006 Police Injury Benefit Regulations 2006 now contain injury award provisions

ILL HEALTH RETIREMENT  Regulation A20 PPR87  if officer is permanently disabled  Police Authority may retire

Permanent disablement: ‘Permanence’ Regulation A12 PPR87  permanent – forever or if not possible to ascertain, to retirement age  normal, appropriate medical treatment assumed  PA decide whether reasonable to refuse medical treatment – appeal to Crown Court

Permanent Disablement: ‘Disablement’ Regulation A12 PPR87  inability to perform the ordinary duties of a member of the force  ordinary duties includes operational duties – Stewart v Sussex PA  the force means the specific force, not police service generally Ashton v MPA  must be result of disease, injury or medical condition

Permanent disablement: Who decides? Regulation H1  must be referred by PA to SMP  failure to do so – Crown Court appeal  permanent disablement questions answered in report  report sent to officer automatically

Permanent disablement: Appeal - Regulation H2 PPR87  appeal from decision of SMP on question of permanent disablement to PMAB  28 days from receipt of report under H1 to give notice of appeal to PA  further 28 days to give statement of grounds of appeal

Permanent disablement: Reference back Reg H3 PPR87  request for SMP (or PMAB) to reconsider its decision  must be agreed

Permanent disablement: Crown Court appeal Reg H5 PPR87 appeals against police authority decisions where refusal to refer medical questions to SMP whether refusal of medical treatment is reasonable 21 DAY TIME LIMIT!!

Decision to retire Police authority considers: Reg A20 PPR87 finding of permanent disablement is only stage 1 in IHR process stage 2 – PA considers whether to retain must consider all relevant circumstances, advice and information available to them challenge to decision of PA would be by way of judicial review – exceptional circumstances only

PNB Guidance 10/04 Where issue arises as to whether officer is PD – must refer to SMP (13-17) FMA prepares “brief” to SMP (19-21) SMP prepares report including decision on PD. If officer is PD, SMP will prepare report on “capability” i.e. what if any limited duties can the officer perform (27-29) Report sent to PA and officer. PA seek report from CC as to whether in light of the capability report the officer can be retained (30-32, 41)

PNB Guidance 10/04 Officer can comment on CC’s report (49) Officer can comment on capability medical evidence. No formal appeal right but if difference of opinion will be referred to another doctor (50) Police authority makes decision whether or not to retire once all information received (52) nb presumption to retain Provision for reviews in light of changed circumstances but expectation that these will be infrequent (55-56)

IHR hurdles  harder to get finding of permanent disablement (especially in stress related mental illness cases)  PMABs very aware of issue of further treatment  presumption to retain permanently disabled officers on restricted duties

NPPS: ILL HEALTH PENSION core of medical retirement as per old scheme disablement – ordinary duties test PA discretion to retire ill-health pension itself is different two tiers, standard and enhanced enhanced only if permanently disabled for regular employment

NPPS: ILL HEALTH PENSION enhanced ill-health pension if member has 5 years’ service, add 50% of prospective service to 55 if member has less than 5 years, 4x actual service (unless 50% prospective service to 55 would be lower)

Ill Health Retirement and UAP referral to SMP - no action under the UAP until SMP’s report received (nb less strong provision in relation to performance) if not permanently disabled action may be taken or resumed under the UAP where appeal to PMAB UAP hearing shall be adjourned until appeal resolved if permanently disabled Police Authority will decide whether or not to ill health retire

Any questions?