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1. INJURY AWARD APPLICATIONS

1.1 Background

Officers can apply for an injury award once they have left the force or at the time they are retired on the grounds of permanent disability.

Injury awards are given to officers to compensate for loss of earnings, where there is evidence to support the fact that the officer's permanent disability is the result of an injury received in the execution of duty.

The awards are in four bandings:

Level 1 0 -25% (lowest)

Level 2 Over 25% - 50%

Level 3 Over 50% - 75%

Level 4 Over 75% - 100% (highest)

e.g. 25.1% = banding 2 (over 25% - 50%)

1.2 Application

Former officer can apply for an injury award either by writing into the Human Resources Department themselves or via the Police Federation as their representation.

Detailed information must be supplied to support their application: for example details of the injury, the type of injury, date of injury, accident reports, names of witnesses and so on. Failure to provide such information will result in the application not being progressed and thus, not being considered by the Selected Medical Practitioner (SMP).

Once an application has been received the Support Services Administrator (with designated responsibility for injury awards) will notify the Injury Award Coordinator. The Injury Award Coordinator will then assign a member of the Injury Award Team to undertake the injury award application (Appendix 1 - Notification of Injury Award Application Standard Email to Injury Award Team Member).

The Injury Award Team member will write to the former officer to acknowledge receipt of the application, enclosing a medical consent form. If the former officer left the Force voluntarily prior to their compulsory retirement age the letter should also inform the individual that should they be successful in their application for an injury award they will be placed within the 0-25% banding, as they do not have a loss of earnings capacity. This is because they would still be working as a police officer had they not made the decision to leave.

Once the form has been returned by the former officer the relevant Support Services Administrator, Human Resources Department will forward it to the Occupational Health Unit (OHU). A copy should also be made and retained within the former officer's personal file.

Once the medical consent form has been received by the Occupational Health Unit the former officer's GP notes should be requested.

1.2.1 Applications from former officers over the compulsory retirement age

Former officers over the compulsory retirement age for there rank who make an application for an injury award will be assessed against the National Average Earnings (NAE) figure, as it is no longer appropriate to use the former officer's police pay scale as the basis for his/her pre-injury earnings capability.

1.2.2 Applications from former officers aged 65 or over

Former officers aged 65 or over who make an application for an injury award will not be referred to the SMP for consideration. This is because at such a point the former officer would normally no longer be expected to be earning a salary in the employment market.

1.2.3 Applications from former officers who voluntarily left the Force prior their compulsory retirement age

Former officers who submit an application for an injury award having voluntarily left the force before reaching their compulsory retirement age and who are subsequently found to be permanently disabled as a result of a qualifying injury on duty will be deemed to have no less of earnings capability and will be placed in the 0-25% banding. This is because the former officer does not have a reduced earnings capacity as they would still be working for the force if not for their decision to leave.

Applications from former officers who are dismissed / required to resign

Former officers who submit an application for an injury award having been dismissed / required to resign from the force and who are subsequently found to be permanently disabled as a result of a qualifying injury on duty will be deemed to have no less of earnings capability and will be placed in the 0-25% banding. This is because the former officer would still be working for the force, had they not been dismissed / required to resign.

1.3 Injury Award Application Summary Report

The Injury Award Team member must prepare the Injury Award Application Summary Report (Appendix 2 - Injury Award Application Summary Report). Completion of the summary will involve investigating the claims outlined within the application and, if necessary, liaising with the Area Command/Department management team to clarify the background to the case. Documentary evidence should be attached, for example accident reports and witness statements.

Once completed, the Injury Award Team member should then forward the Injury Award Application Summary Report and supporting documentation to the Selected Medical Practitioner (SMP), via the OHU. The purpose of this is to establish whether the former officer is permanently disabled from the ordinary duties of a police officer and whether the former officer's disablement was the result of an injury received in the execution of duty. The standard covering sheet at Appendix 3 should be attached to the front of the documents (Appendix 3 - Standard Covering Sheet to SMP Re Injury Award Application Summary).

This stage of the procedure should be completed within 28 days unless there is a dispute of non-medical fact, in which case the process may be delayed. If this is the case the Deputy Chief Executive and Solicitor to the Police Authority should notify the former officer.

1.3.1 Disputes of non-medical Fact

If there are any disputes of non-medical fact then an Annex to the Injury Award Application Summary will need to be provided, along with any supporting documentation. This will be prepared by the Deputy Chief Executive and Solicitor to the Police Authority. The annex should summarise the available evidence and list the potential findings of fact available to the SMP. There is no set time limit on the Annex being prepared, as it will depend upon how many facts are in dispute and how extensive the available evidence is.

The Annex together with all supporting documentary evidence inc. statements etc. should be provided as a pack to the SMP before the appointment with the former officer.

1.4 SMP Assessment

Once the SMP has received the Injury Award Application Summary Report and supporting documentation they will review this, as well as the former officer's occupational health record, GP notes and any other additional information that the SMP deems appropriate. It will usually be necessary for the SMP to have access to GP records prior to the assessment. If the former officer does not provide consent to access their GP records and the SMP deems that this information is necessary in order for him/her to reach a defensible determination in relation to the injury award application then the application will not be progressed until this is provided.

If the SMP requires further information from the Injury Award Team prior to his/her assessment he/she may contact the relevant member of the Injury Award Team to request this additional information.

Should the SMP feel they require additional medical information or should he / she consider it necessary for an additional specialist practitioner to be used in order to reach a defensible determination, the SMP should organise this. The Force will pay for any information deemed necessary by an SMP.

Should the SMP require additional legal guidance they should address their question in writing to the Deputy Chief Executive and Solicitor, Northumbria Police Authority.

In line with Police Injury Benefit Regulations 20 2(a), (b), and (c), the SMP will then look to establish:

Whether the former officer is disabled; and if the answer is yes,
Whether the disablement is permanent; and if yes,
Whether the former officer's disablement is the result of an injury received in the execution of duty.

In cases where the reduction in earnings capacity is either 0% or 100% this may be confirmed by the SMP without the need for a further medical examination, but in most cases an examination is necessary.

If the SMP deems that he/she needs to examine the former officer, then the SMP should contact the administration section of the Occupational Health Unit so that an appointment can be organised and a travelling expenses claim form issued (Appendix 4).

The former officer will be required to attend an appointment if the SMP deems that it is necessary, even if this involves significant travelling time e.g. they are now living abroad. Northumbria Police will pay reasonable travelling expenses incurred within the UK when an individual is required to attend an appointment with the SMP. Travel expenses will be paid either as mileage at public transport rate or the cost of a standard train ticket. Other forms of travel may be authorised but the former officer must consult with the Injury Award Coordinator prior to travelling to determine whether this is possible.

1.5 SMP Advisory Letter

After the SMP assessment (whether or not an examination was necessary), the SMP will forward an SMP advisory letter to the relevant member of the Injury Award Team.

Possible outcomes:

1.5.2 To grant an Injury Award

If the SMP determines that the former officer is permanently disabled and the permanent disablement is deemed to be linked to a qualifying injury on duty, the SMP will provide an advisory letter to that effect.

They will also provide details of:

what type of duties the officer's permanent disablement prevents him/her from doing, and
what type of employment he/she could successfully carry out, taking account of their permanent disability caused by an injury on duty but ignoring all other medical conditions.

In these circumstances the Injury Award Team member will be required to complete a Potential Earnings Assessment.

1.5.1 Non-granting of an Injury Award

If the SMP judges that the applicant is not permanent disablement, or, if there is permanent disablement a link with a qualifying injury on duty, he/she will provide a SMP report to that effect. This will be accompanied by an Annex explaining the rationale for the recommendation(s). An injury award cannot be awarded if it is confirmed that the officer is not permanently disabled from the ordinary duties of a police officer or that the officer's disablement is not a result of an injury received in the execution of duty.

In these circumstances the relevant member of the Injury Award Team should instruct the designated Support Services Administrator, Human Resources Department to notify the former officer (Appendix 5 - Standard Notification to the Former Officer of Non-Award of an Injury Award), and the Police Authority (Appendix 6 - Memo to Police Authority Re Non-Award of an Injury Award). Once prepared, the Police Authority submission should be forwarded to the Support Services Coordinator, Human Resources Department for inclusion on the Police Authority Committee Meeting.

In these circumstances there is no need to progress with the remainder of the procedure as the individual does not meet the criteria for an injury award. However, the former officer still has the right to appeal against the decision. This must be lodged within 28 days of receipt of the notification letter. Please refer to section 4 of the procedure `Injury Award Appeals' for further details.

1.6 Potential Earnings Assessment

Based on the information provided by the SMP regarding the type of duties and employment the former officer could undertake (part a & b above), as well as the information gathered for the Injury Award Application Summary Report, the relevant member of the Injury Award Team will complete a Potential Earnings Assessment (Appendix 7 - Potential Earnings Assessment).

A Potential Earnings Assessment contains information on the potential earnings of the former officer and makes appropriate recommendations on their injury award banding. The assessment should be in line with Home Office Guidance (Appendix 8 - Home Office Guidance - Degree of Disablement as a Result of an Injury in the Execution of Duty). Appropriate job descriptions, person specifications and advertisements will also need to be provided. The Potential Earnings Assessment will assume that any potential employers comply with their duty under the Disability Discrimination Act. Examples of completed Potential Earnings Assessments can be found at Appendix 9 and 10 (Appendix 9 - Example Potential Earnings Assessment. Appendix 10 - Potential Earnings Assessment 2).

Once completed, the Injury Award Team member should forward the Potential Earnings Assessment to the Deputy Chief Executive and Solicitor, Northumbria Police Authority for quality assurance purposes.

Once the Potential Earnings Assessment has been quality assured by the Deputy Chief Executive and Solicitor, Northumbria Police Authority it should be forwarded to the SMP (Appendix 11 - Covering Letter to SMP Re Potential Earnings Assessment).

This stage of the procedure should be completed with 21 days.

1.7 Granting of Injury Award

Once in receipt of the potential earnings assessment, the SMP will confirm whether the evidence is consistent with the notional roles and salary evidence provided. If the SMP believes the evidence is consistent with the notional roles and salary evidence he/she will forward a Statement of Injury Report together with an annex explaining the rationale for the decision to the relevant member of the Injury Award Team. However, if the SMP needs further clarification on any of the details before the Statement of Injury Report can be issued the relevant member of the Injury Award Team will be contacted.

Once the Injury Award Team member is in receipt of the Statement of Injury Report they should instruct the designated Support Services Administrator, Human Resources Department to notify the former officer of the outcome in writing, including a copy of the Statement of Injury Report and accompanying annex and informing them of the right of appeal. (See Appendix 12 - Standard Notification of Granting of an Injury Award).

The letter also contains a recommendation for when the former officer's injury award should be next reviewed. In some cases it may be recommended that no further reviews are undertaken at present e.g. when the former officer is already over State Pension Age and is in the 0-25% banding. The designated Support Services Administrator, Human Resources Department will input the review date on to the Injury Award Database.

The designated Support Services Administrator, Human Resources Department should also prepare a brief submission to the Police Authority (Appendix 13 - Email to the Police Authority Re Granting of an Injury Award) and Finance (Appendix 14 - Standard Memo to Finance Re Granting of Injury Award) notifying them of the SMP's determination and the Injury Award Banding the officer has been granted. Once prepared, the Police Authority submission should be forwarded to the Support Services Coordinator, Human Resources Department for inclusion on the Police Authority Committee Meeting.

2. REVIEW OF INJURY AWARD BANDING

2.1 Background

Northumbria Police is under a positive duty to periodically review Injury Awards at intervals considered appropriate. Once a decision has been taken to review an award the former officer is required to comply with the injury award review process. A former officer may request for their injury award to be reviewed at any point, upon submission of relevant medical evidence.

2.2 Monthly Report

The designated Support Services Administrator, Human Resources Department will run a monthly report to identify which former officers are due an injury award review that month. The designated Support Services Administrator will then forward the report to the Injury Award Coordinator. The Injury Award Coordinator will then assign a member of the Injury Award Team to undertake the review.

2.3 Injury Award Questionnaire

Once a member of the Injury Award Team has been allocated responsibility for an injury award review, the designated Support Services Administrator, Human Resources Department will send out the Notification of Injury Award Review Letter (Appendix 15 - Notification of Injury Award Review Letter) to the former officer, along with the Injury Award Questionnaire and medical consent form. This should be completed and returned by the former officer within 28 days.

The designated Support Services Administrator, Human Resources Department will then notify the relevant member of the Injury Award Team that the questionnaire has been issued so that they can include the review within their work plan (Appendix 16 - Notification of Injury Award Review - Standard Email to Injury Award Team).

Upon receipt of the completed questionnaire, the designated Support Services Administrator, Human Resources Department will forward this, along with the former officer's archive file to the relevant member of the Injury Award Team.

The designated Support Services Administrator, Human Resources Department will also forward the completed medical consent form to the Occupational Health Unit.

If the questionnaire and/or medical consent form is not returned within 28 days then section 3 of this procedure should be followed.

2.4 Injury Award Review Summary Report

Upon receipt of the questionnaire and archive file, the relevant member of the Injury Award Team will complete an Injury Award Review Summary Report (Appendix 17 - Injury Award Review Summary Report). This should be completed within 2 weeks of the date in which the questionnaire and archive file was forwarded to the Injury Award Team member.

However, if it is indicated from the injury award questionnaire that the former officer's current salary will place them within the lowest banding it will not be necessary for the Injury Award Team member to complete an Injury Award Review Summary Report. In these cases the questionnaire should be forwarded to the SMP, indicating that the former officer's current earnings place them within the lowest banding. The review will then be progressed by the SMP as a paper-based exercise.

Once completed the Injury Award Team member will forward the summary report and questionnaire to the SMP. The standard covering sheet at Appendix 18 should be attached to the front of the documents (Appendix 18 - Standard Covering Letter to SMP Re Injury Award Review).

2.5 SMP Assessment

Once the SMP has received the Injury Award Review Summary Report they will review this, as well as the former officer's occupational health record, GP notes and any other additional information that the SMP deems appropriate. It will usually be necessary for the SMP to have access to GP records prior to the assessment. If the former officer does not provide consent to access their GP records then section 3 of the procedure should be followed.

If the SMP requires further information from the Injury Award Team prior to his/her assessment he/she may contact the relevant member of the Injury Award Team to request this additional information.

Should the SMP require additional legal guidance they should address their question in writing to the Deputy Chief Executive and Solicitor, Northumbria Police Authority.

In line with Police Injury Benefit Regulations 20 2(a), (b), and (c), the SMP will then look to establish:

Whether the former officer is disabled; and if the answer is yes;
Whether the disablement is permanent; and if yes,
Whether the former officer's disablement is the result of an injury received in the execution of duty

In cases where the reduction in earnings capacity is either 0% or 100% the above questions may be confirmed by the SMP without the need for a further medical examination, but in most cases an examination is necessary.

The former officer will be required to attend an appointment if the SMP deems that it is necessary, even if this involves significant travelling time e.g. they are now living abroad. Northumbria Police will pay reasonable travelling expenses incurred within the UK when an individual is required to attend an appointment with the SMP. Travel expenses will be reimbursed either as mileage at public transport rate or at the cost of a standard train ticket. Other forms of travel may be authorised but the former officer must consult with the Injury Award Coordinator prior to travelling to determine whether this is possible.

The SMP will notify the Injury Award Coordinator of failure to attend scheduled appointments. In these circumstances the procedure contained under section 3 should be followed.

The designated administration support within the Occupational Health Unit is responsible for notifying the former officer of any changes to appointments with the SMP.

2.6 SMP Advisory Letter

After the SMP assessment (whether or not an examination was necessary), the SMP will forward an SMP advisory letter to the relevant member of the Injury Award Team.

Potential outcomes identified within the advisory letter:

2.6.1 The former officer is not disabled

If the SMP advisory letter indicates that the former officer is not disabled the following action should be taken:

If the former officer is below the compulsory retirement age for a police officer they will be invited to resume their police career with Northumbria Police.

If the former officer is above the compulsory retirement age for a police officer they will be placed within the lowest banding

In both of the above cases it will not be necessary for the Injury Award Team to undertake a Potential Earnings Assessment.

In the case of outcome b (as above) the SMP will produce a revised Statement of Injury Report and accompanying Annex.

The relevant member of the Injury Award Team should advice the designated Support Services Administrator, Human Resources Department to notify the former officer of the outcome of the review (Appendix XX). The designated Support Services Administrator, Human Resources Department should also notify the Finance Department (Appendix XX) and prepare a submission for the Police Authority (Appendix XX). Once prepared, the Police Authority submission should be forwarded to the Support Services Coordinator, Human Resources Department for inclusion on the Police Authority Committee Meeting.

In these instances, this is the final stage in the injury award review process and there is no need to progress to section 2.7. However, the individual still has the right to appeal against the decision. Please refer to section 4 of the procedure `Injury Award Appeals' for further details.

2.6.2 The former officer is disabled but not permanently so

If the SMP advisory letter indicates that the former officer is disabled but not permanently so the following action should be taken:

The former officer should be placed within the lowest banding

In these cases the SMP will produce a revised Statement of Injury Report and accompanying annex. The relevant member of the Injury Award Team should then advice the designated Support Services Administrator, Human Resources Department to notify the former officer of the outcome of the review (Appendix XX). The designated Support Services Administrator, Human Resources Department should also notify the Finance Department (Appendix XX) and prepare a submission for the Police Authority (Appendix XX). Once prepared, the Police Authority submission should be forwarded to the Support Services Coordinator, Human Resources Department for inclusion on the Police Authority Committee Meeting.

In these instances, this is the final stage in the injury award review process and there is no need to progress to section 2.7. However, the individual has the right to appeal against the decision. Please refer to section 4 of the procedure `Injury Award Appeals' for further details.

2.6.3 The former officer is permanently disabled but not by a qualifying injury on duty

If the SMP advisory letter indicates that the former officer is permanently disabled but not by a qualifying injury the following action should be taken:

The former officer should be placed within the lowest banding

In these cases the SMP will produce a revised Statement of Injury Report and accompanying Annex. The relevant member of the Injury Award Team should then advice the designated Support Services Administrator, Human Resources Department to notify the former officer of the outcome of the review (Appendix XX). The designated Support Services Administrator, Human Resources Department should also notify the Finance Department (Appendix XX) and prepare a submission for the Police Authority (Appendix XX). Once prepared, the Police Authority submission should be forwarded to the Support Services Coordinator, Human Resources Department for inclusion on the Police Authority Committee Meeting.

2.6.4 The former officer is permanently disabled by a qualifying injury on duty

If the SMP advisory letter indicates that the former officer is permanently disabled by a qualifying injury on duty the following action should be taken:

If the former officer should clearly be placed within the lowest banding or has 100% loss of earnings capability then it will not be necessary for a member of the Injury Award Team to carry out a Potential Earnings Assessment. In these cases the SMP will produce a revised Statement of Injury Report and accompanying Annex. The relevant member of the Injury Award Team should then advise the designated Support Services Administrator, Human Resources Department to notify the former officer of the outcome of the review (Appendix XX). They should also notify the Finance Department (Appendix XX) and prepare a submission for the Police Authority (Appendix XX). Once prepared, the Police Authority submission should be forwarded to the Support Services Coordinator, Human Resources Department for inclusion on the Police Authority Committee Meeting.

If point a above does not apply then the relevant member of the Injury Award Team must carry out a Potential Earnings Assessment. In these cases, stages 2.7-2.9 of the procedure should be followed.

2.7 Potential Earnings Assessment

If a potential earnings assessment is required this should be completed by a member of the Injury Award Team within 2 weeks (Appendix 7 - Potential Earnings Assessment).

The Potential Earnings Assessment contains information on the potential earnings of the former officer and makes appropriate recommendations on their injury award banding. The assessment should be in line with Home Office Guidance (Appendix 8 - Home Office Guidance Degree of Disablement as a Result of an Injury in the Execution of Duty). Appropriate job descriptions, person specifications and advertisements will also need to be provided. The Potential Earnings Assessment will assume that any potential employers comply with their duty under the Disability Discrimination Act. Examples of completed Potential Earnings Assessments can be found at Appendix 9 and 10.

Once completed, the Injury Award Team member should forward the Potential Earnings Assessment to the Deputy Chief Executive and Solicitor, Northumbria Police Authority for quality assurance purposes.

Once the Potential Earnings Assessment has been quality assured by the Deputy Chief Executive and Solicitor, Northumbria Police Authority it should be forwarded to the SMP (Appendix 11 - Standard Email to SMP Re Potential Earnings Assessment).

2.8 Outcome of Injury Award Review

Once in receipt of the potential earnings information, the SMP will confirm whether the evidence is consistent with the notional roles and salary evidence provided. If the SMP believes the evidence is consistent with the notional roles and salary evidence he/she will forward a Statement of Injury Report together with an Annex explaining the rationale for the decision to the relevant member of the Injury Award Team. However, if the SMP needs further clarification on any of the details before the Statement of Injury Report can be issued the relevant member of the Injury Award Team will be contacted.

Once the Injury Award Team member is in receipt of the Statement of Injury Report they should instruct the designated Support Services Administrator, Human Resources Department to notify the former officer of the outcome in writing, including a copy of the Statement of Injury Report and accompanying Annex and informing them of the right of appeal. (See Appendix 21 - Standard Notification to Former Officer Re Amendment to Injury Award Banding).

The letter also contains a recommendation for when the former officer's injury award should be next reviewed. In some cases it may be recommended that no further reviews are undertaken e.g. when the former officer is already over State Pension Age and is in the 0-25% banding. The designated Support Services Administrator, Human Resources Department will input the review date on to the Injury Award Database.

The designated Support Services Administrator, Human Resources Department will also prepare a brief submission to the Police Authority (Appendix 22 - Standard Memo to the Police Authority Re Amendment to Injury Award Banding) and Finance (Appendix 23 - Standard Memo to Finance Re Amendment to Injury Award Banding) notifying them of the SMP's Once prepared, the Police Authority submission should be forwarded to the Support Services Coordinator, Human Resources Department for inclusion on the Police Authority Committee Meeting.

2.9 Accountancy information

After the Injury Award review has been completed the designated Support Services Administrator, Human Resources Department will contact the Gateshead Pensions Department to request the appropriate accountancy information i.e. cost implications of the review (Appendix 24 - Request for Accountancy Information, Gateshead Pensions Department).

Once received the designated Support Services Administrator, Human Resources Department will record the accountancy information in the relevant Injury Award Spreadsheet. The relevant member of the Injury Award Team will also be notified for information purposes.

2.10 Appeal

Once a former officer has received confirmation of the injury award review decision they have 28 days in which to appeal. If the individual does appeal section 4 of the procedure `Injury Award Appeals' should be followed.

2.11 Former officers who reach their compulsory retirement age

Once a former officer reaches their compulsory retirement age under the Police Regulations an injury award review will be undertaken. This is because it is no longer appropriate to use the former officer's police pay scale as the basis for their pre-injury earnings capacity. The new basis for the former officer's earnings capability, had there been no injury, will be the National Average Earnings figure at the time of the review. This figure will be used when undertaken the potential earnings assessment for the former officer.

The most recent National Average Earnings Figure can be found within the useful documents folder within the injury award folder.

The loss of earning capacity for the purpose of establishing Degree of Disablement should therefore be assessed by reference to the % proportion the former officer's actual earning capacity bears to the National Average Earnings figure. This ensures that former officers are placed on an equal financial footing with others in the employment market at a time when they could not have been assumed to be earning a police salary.

The designated Support Services Administrator, Human Resources Department will run a report at the beginning of every month to determine if any former officers have reached their compulsory retirement age. The former officers who have reached their compulsory retirement age will then have their injury award reviewed.

2.12 Former officers who reach their State Pension Age

When a former officer reaches the age of 65 they will have reached their State Pension Age, irrespective of whether they are male or female. The force then has the discretion, in the absence of cogent reason otherwise, to advice the SMP to place the former officer the level 1 banding. At such a point the former officer would normally no longer be expected to be earning a salary in the employment market.

The designated Support Services Administrator, Human Resources Department will run a report at the beginning of every month to determine if any former officers have reached the age of 65. The former officers who have reached the age of 65 will then have their injury award automatically reviewed.

If the outcome of the review is that the former officer is reduced a level one banding the relevant member of the Injury Award Team should then advise the designated Support Services Administrator, Human Resources Department to notify the former officer in writing (Appendix 25 - Standard Letter to Former Officer - Review Following 65th Birthday).

The designated Support Services Administrator, Human Resources Department will also send a memo to Finance to advise them to reduce the former officer's injury award to the 0-25% banding from this date (Appendix 26 - Standard Memo to Finance Re Reduction to 0-25% banding on Former Officer's 65^th Birthday). A submission will also be prepared for the Police Authority (Appendix 22 - Standard Memo to the Police Authority Re Amendment to Injury Award Banding). Once prepared, the Police Authority submission should be forwarded to the Support Services Coordinator, Human Resources Department for inclusion on the Police Authority Committee Meeting.

3 Failure to follow an instruction

If an former officer does not fully complete and return a review questionnaire, supply consent to access medical records, follow directions of an SMP, give consent for an SMP to provide an advisory letter, or attend any appointment as deemed necessary by the SMP by the date specified within correspondence this may be considered a refusal to be medically examined.

It is the responsibility of the designated Support Services Administrator, Human Resources Department to identify to the relevant member of the Injury Award Team when an instruction has not been carried out by the specified date.

Should a former officer fail to respond to any initial correspondence, an attempt should be made to contact the individual through their bank. This can be done by forwarding the letter to Gateshead Pensions Department who will in turn forward the letter to the former officer's bank. The former officer will ordinarily be given 6 weeks to respond to allow sufficient time for the letter to be passed between parties.

If the former officer does not respond after correspondence is sent through their banks, or if they refuse to respond to a request, the relevant member of the Injury Award Team should prepare a memo to the SMP (Appendix 27 - Standard Memo to SMP Regarding Former Officer's Failure to Follow an Instruction). This memo asks the SMP to confirm in writing whether they believe the information is necessary in order to reach a defensible determination.

If the SMP believes he/she can reach a defensible determination without the information then the review will be continued, as per normal procedures.

If the SMP believes he/she cannot reach a defensible determination the designated Support Services Administrator, Human Resources Department should issue a reminder letter to the former officer (Appendix 28 - Standard Notification to Former Officer of Failure to Complete or Supply Information).

Within the reminder letter the former officer will be given a further date to comply with the instruction. If the former officer does not comply with the instruction by this date the case will be referred to the Assistant Chief Officer (Human Resources) for a decision on whether the individual's failure to comply with the instruction amounts to a refusal to be medically examined. This is explained within the reminder letter that is sent to the former officer.

The Deputy Chief Executive and Solicitor, Northumbria Police Authority will prepare the submission to the Assistant Chief Officer (Human Resources).

If the Assistant Chief Officer (Human Resources) deems that the former officer's refusal to comply with an instruction amounts to a refusal to be medically examined, then a Case Discussion Meeting will be held. The Case Discussion Meeting will be attended by:

Deputy Chief Executive and Solicitor, Northumbria Police Authority
Relevant member of the Injury Award Team
Personnel Manager (Employee Relations)

At this meeting a decision will be made on the former officers injury award banding based upon the information available to management. It is not necessary for the SMP to be involved in this decision making process as the former officer has refused to be medially examined.

Following the decision, the relevant member of the Injury Award Team will notify the former officer of the outcome in writing (Appendix 29 - Standard Notification to Former Officer of Management Decision). In these circumstances the former officer has no right of appeal other than to the High Court. This is explained within the notification letter.

If the Assistant Chief Officer (Human Resources) deems that the former officer's refusal to comply with an instruction does not amount to a refusal to be medically examined, then the review will be progressed to the SMP. Once the review is completed the relevant member of the Injury Award Team should advise the designated Support Services Administrator, Human Resources Department to notify the former officer of the Assistant Chief Officier's decision (Appendix 30 - Standard Notification to Former Officer of ACO's Decision).

The designated Support Services Administrator, Human Resources Department will also prepare a brief submission to the Police Authority (Appendix 22 - Standard Memo to the Police Authority Re Amendment to Injury Award Banding) and the Finance Department (Appendix 23 - Standard Memo to Finance Re Amendment to Injury Award Banding), if necessary, notifying them of the SMP's determination. Once prepared, the Police Authority submission should be forwarded to the Support Services Coordinator, Human Resources Department for inclusion on the Police Authority Committee Meeting.4. INJURY AWARD APPEALS

Once a former officer has received a Statement of Injury Report notifying them of the outcome of their injury award application or review they have 28 days in which to appeal against this decision. Notification of the appeal should be forwarded to the Deputy Chief Executive and Solicitor, Northumbria Police Authority.

Should the Deputy Chief Executive and Solicitor require any information in relation to the appeal they will contact the relevant member of the Injury Award Team. The Injury Award Team will provide this information as soon as reasonably practicable. If necessary, the Injury Award Team may ask the designated Support Services Administrator, Human Resources Department to gather information from the former officer's file.

The Deputy Chief Executive and Solicitor will then handle the appeal, liaising with the relevant member of the Injury Award Team accordingly.

The Deputy Chief Executive and Solicitor will respond to the appeal in writing within 28 days of when the appeal was made.