N McCall

[email address]

16 February 2009

Dear Ms N McCall

FREEDOM OF INFORMATION REQUEST

I write in connection with your request for information dated 29^th January 2009, which was received by Cumbria Constabulary on that date. I note you seek access to the following information:-

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.

Your request has now been considered and I can provide you with the following information.

Prior to 2004, there wasn't a specific policy on the review of injury on duty awards. The right to review is covered in the Police Pension Regulations and the Injury Benefit Regulations. Reviews were carried out but not as part of a specific programme. The force is currently undergoing a review of its procedures, in accordance with the guidance issued by the Home Office.

COMPLAINT RIGHTS

Your attention is drawn to the information at the foot of this page and also to the attached sheet detailing your right of complaint.

Should you have any further enquiries about this matter, please write or contact me on the above telephone number. I would like to take this opportunity to thank you for your interest in Cumbria Constabulary.

Yours sincerely

Terry Bathgate

Chief Inspector

Professional Standards Department

Cumbria Constabulary provides you the right to request a re-examination of your case under its review procedure (copy enclosed). If you decide to request such a review and having followed the Constabulary's full process you are still dissatisfied, then you have the right to direct your comments to the Information Commissioner who will give it consideration.

Terry Bathgate
Vetting and Disclosure
Email [email address]
Tel: 01768 217081

Fax: 01768 217638

My Reference FOI 64/09
Your Reference

Chief Constable
Craig Mackey

Police Headquarters
Carleton Hall
Penrith, Cumbria
CA10 2AU

www.cumbria.police.uk