23^rd February 2009

Dear Ms McCall,

Thank you for your e-mail of 29^th January 2009 in which you ask for information under the Freedom of Information (Scotland) Act 2002.

You have asked:

I am requesting certain documents that you may have detailing force

policy and procedure in the management and review of police injury

award pensions prior to the year 2004.

To help you in your search and to direct my enquiry as clearly as

possible I am quoting below a paragraph from Home Office Circular

46/2004, Annex C:

'This Guidance is being issued to help ensure a fairer, more

cohesive approach to the payment of injury benefits to ill-health

retired officers who have reached the compulsory retirement age

with their Force. A recent survey found that practice in this area

was diverse. Some forces automatically reduced degree of

disablement benefits to the lowest banding when this age had been

reached - others continued to pay benefits at the same rate until

the death of the Officer concerned.'

The above quote identifies two categories of forces - A) one group

that automatically reduced degree of disablement benefits to the

lowest banding when compulsory retirement age had been reached and

a second group B) that continued to pay benefits at the same rate

until the death of the Officer concerned.

I am attempting to identify and obtain a copy of documents that

show which category ( A or B) your force would have been included

in prior to receipt of HOC 46/2004.

It may be that your response would be sufficient if you simply tell

me which group your force was in, but if there was a written policy

or procedural document setting out details, then I should like a

copy.

I am advised that, at present, Northern Constabulary falls into Category B. However, there are currently no written policy documents in respect of this matter. Therefore, in respect of this element of your request, under Section 17 of the Freedom of Information (Scotland) Act 2002 I must inform you that this information is not held.

If you require any further clarification, please do not hesitate to contact me. However if you are not satisfied with the way in which your request has been dealt with, you are entitled, in the first instance, to request a review of the decision made by the Force. Should you wish to request such review, please write to me within 40 days of receiving this letter. I will arrange for a senior officer, who has not been involved in my decision making process, to conduct a review as required by the Act. If, after having been informed of the review panel's decision, you are still not satisfied, you are then entitled to apply to the Scottish Information Commissioner for a decision. The contact details for Mr Dunion, the Scottish Information Commissioner are Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS, telephone 01334 464 610.

Yours sincerely

Pam Sherriff

Freedom of Information Officer

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