MEDICAL
RETIREMENT AND
SICKNESS
82. There are wide variations between police
forces in the percentage of retirements which are on medical groundsbetween
9 and 63%down from 59% of all retirements in 1990 to 31%
in 2000-01.[94]
We have heard conflicting evidence on this from the Commissioner
of the Metropolitan Police and the Police Federation:
"No-one can actually leave the Police
Service without a medical pension unless the doctor gives the
medical opinion that that is the right course of action; it is
not a decision that is made by myself, as the Commissioner, it
is a medical decision that is made".[95]
"A certificate of ill health is not binding
on the chief officer. In actual fact, the way the regulations
are written, it is the police authority that makes the decision.
The police authority has a good deal of discretion in making that
decision".[96]
83. We have been assured by the Association of
Police Authorities that the issues of sickness and medical retirement
are now being tackled.[97]
We understand that one of the factors is that some forces expect
all officers to be fully fit for public order duties such as riot
training and that anyone who is not is, therefore, eligible for
medical retirement. Equally the expanded use of civilians in the
past has meant that there are fewer jobs available for police
officers who are no longer fully fit for duties on the beat.[98]
The White Paper says:
"Police employment regulations are a
bar to efficient and effective policing, and unresponsive to changing
needs and pressures....The Government has asked the Police Negotiating
Board to explore and agree ways of reforming the pay system...it
has also been asked to explore...a fair and consistent approach
to early retirement due to ill health".[99]
84. The Metropolitan Police Service has suggested
a number of improvements in the arrangements for medical retirements
and injury awards. We appreciate that these do not require primary
legislation, but would like to see a clear intention that the
Home Office plans to deal with these issues within the police
reform process. These issues are:
- chief constables and police authorities
should be empowered to refuse medical retirements when an officer
is still fit enough to fulfil some if not all the duties of a
constable
- injuries occurred while travelling to and
from work should be disqualified from eligibility for injury awards
- assessment procedures for injury awards
should be able to take into account employment information as
well as medical advice
- injury awards should not be paid beyond
the normal retirement age
- chief constables and police authorities
should be able to reduce deferred pensions in relation to officers
who are required to resign for disciplinary offences but subsequently
obtain medical certificates that they are unfit for work on psychiatric
grounds.
85. The Minister has told us that the Government
intends to amend the Police Pension Regulations to underline the
fact that a police authority has the discretion to require an
officer who has been certified as permanently disabled to continue
in service.[100]
86. We recommend that the Government either
bring forward amendments to the Bill to improve the arrangements
for medical retirements or publish draft delegated legislation
on this subject before the Bill receives Royal Assent.
POLICE
PROPERTY
87. The Bill contains a number of provisions
which extend to the National Crime Squad and the National Criminal
Intelligence Service: measures which apply to ordinary police
forces and amendments have been made in the Lords to overcome
anomalies in police legislation. The National Crime Squad has
drawn our attention to a further difficulty with the Police (Property)
Acts 1897 and 1997, which did not anticipate the creation of the
Squad.[101]
We welcome the opportunity being taken to update police legislation
to include the National Crime Squad and the National Criminal
Intelligence Service and recommend that further amendments be
made to the Bill in respect of police property. The proposals
from the National Crime Squad are:
- The definition of "relevant authority"
in Section 2 (2B) of the 1897 Act and in Regulation 3 of the 1997
Regulations should have added to it the words, "in relation
to the National Crime Squad, the National Crime Squad Service
Authority".
- Section 1 of the 1897 Act should specify
that for the purposes of that Section "officer of police"
includes a person engaged on temporary service with the National
Crime Squad under Section 97 (1) of the Police Act 1996.
- Regulation 3 of the 1997 Regulations should
include a definition of "Chief Officer of Police"
and state that in relation to the National Crime Squad this means
the Director General.
88. We recommend that the legislation on police
property be amended to take into account the creation of the National
Crime Squad and the National Criminal Intelligence Service.
83 Cm 5326, para 2.32. Back
84
Metropolitan Police response to White Paper, p. 5 (not printed). Back
85
Police Federation briefing on White Paper, para. 107 (not printed). Back
86
Q619-21 (John Denham). Back
87
Ev 126. Back
88
Lords Hansard, 5 March, cols 218-9 (Lord Bassam). Back
89
Q. 624 (John Denham). Back
90
Q. 348-9. Back
91
Q. 470 (Dr Henig). Back
92
Lords Hansard, 12 March, col. 804-5 (Lord Rooker) . Back
93
Q. 628 (John Denham). Back
94
White Paper, p. 116 citing HMIC annual report. Back
95
Q. 108, 5 February 2002 (Sir John Stevens). Back
96
Q. 253 (Clint Elliott). Back
97
QQ. 492-5. Back
98
Q. 254 (Clint Elliott). Back
99
White Paper, Cm. 5326, p. 7. Back
100
Ev 165. Back
101
Ev 159. Back