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Regulation 24(2) Police Regulations 2003
To Humberside Police by William Old 6 February 2009
Unlawful cessation of payment of CRTP to officers
To South Yorkshire Police by William Old 13 November 2009
Unlawful cessation of payment of CRTP to officers
To Avon and Somerset Constabulary by William Old 13 November 2009
Unlawful cessation of payment of CRTP to officers
To Bedfordshire Police by William Old 13 November 2009
Unlawful cessation of payment of CRTP to officers
To Cambridgeshire Constabulary by William Old 13 November 2009
Unlawful cessation of payment of CRTP to officers
To City of London Police by William Old 13 November 2009
Unlawful cessation of payment of CRTP to officers
To Cleveland Police by William Old 13 November 2009
Unlawful cessation of payment of CRTP to officers
To Cumbria Constabulary by William Old 13 November 2009
Unlawful cessation of payment of CRTP to officers
To Derbyshire Constabulary by William Old 13 November 2009
Unlawful cessation of payment of CRTP to officers
To Dorset Police by William Old 13 November 2009
Unlawful cessation of payment of CRTP to officers
William Old made this Freedom of Information request to Humberside Police
The request was successful.
From: William Old
13 November 2009
Dear Sir or Madam,
Background
Part 9 of Annex "F" (a Determination for Regulation 24 of the
Police Regulations 2003) sets out the procedure for the payment of
Competence-Related Threshold Payment ("CRTP") to police officers up
to the rank of chief inspector. Paragraphs 1 to 6 set out the
entitlement for this payment, and paragraphs 7, 8 and 9 set out the
circumstances in which payment may be ceased, i.e. re-assessment
due to concerns with respect to the maintenance of high
professional standards by a member in receipt of the payment,
promotion to a higher rank, and temporary promotion to a higher
rank, respectively.
There are *no* provisions in the Determination, or under any other
statute, that make it lawful for payment of CRTP to be ceased
whilst a member of a police force is in receipt of temporary salary
under Regulation 27(a) and Annex "I", i.e. the member has been
required to perform the duties normally performed by a member of
the force of a higher rank than his own ("acting-up").
As a consequence of some forces failing to comply with Regulations
as described, agreement of both sides in PNB of the correct
interpretation (as set out in PNB Circular 4/2008) led to the issue
of Home Office Circular 18/2008 in which forces were advised that
paragraph 14 of the PNB Circular ("Officers who are on acting up
should receive their CRTP") "*will* take effect from the 1st July
2008" (my emphasis).
Request
I seek to establish:
(1) whether or not your force complies with Home Office Circular
18/2008 and Police Regulations and Determinations as described
above, by continuing to pay CRTP to a member who, having been
awarded CRTP, is in receipt of temporary salary (NB - "acting up",
NOT temporarily promoted to a higher rank under Regulation 27(b)
and Annex "J").
If you do not so comply:
(2) please advise by what legal authority your force ceases making
such payments; and
(3) please advise what action you take when an inspector, on pay
point 3 (top rate) and in receipt of CRTP, is required to perform
the duties of a chief inspector, whose pay is less than that of
such an officer. NB - the exception set out in paragraph 9 of Part
9 of Annex "F" *DOES NOT APPLY* to temporary salary - it applies
only to temporary promotion under Regulation 27(b).
Yours faithfully,
William Old
From: Whitfield, Sarah 8480
Humberside Police
16 November 2009
Your Ref:
Our Ref:F-2009-03096
16 November, 2009
Dear Mr. Old,
Thank you for your request for Information, received at this office on
13 November, 2009, in which you requested details of the following:
Unlawful cessation of payment of CRTP to officers
Your request will now be considered and you will receive a response
within the statutory timescale of 20 working days as defined by the Act,
subject to the information not being exempt or containing a reference to
a third party. In some circumstances Humberside Police may be unable to
achieve this deadline. If this is likely you will be informed and given
a revised time-scale at the earliest opportunity.
There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed
and the 20 working day timescale will be suspended until we receive
payment from you. If you chose not to make a payment then your request
will remain unanswered.
Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.
We anticipate being able to provide you with the information that you
have requested on or before 11 December, 2009.
Should you need to discuss this further please do not hesitate to
contact the unit.
Yours sincerely,
Sarah Whitfield
Information Compliance Assistant
+44 (1482) 317096
Humberside Police
Corporate Development Branch
Information Compliance Unit
Police Headquarters
Priory Road
Kingston Upon Hull
HU5 5SF
Fax:+44 (1482) 317090
show quoted sections
From: Waller, Paul 8065
Humberside Police
7 December 2009
Your Ref:
Our Ref:F-2009-03096
07 December, 2009
Dear Mr. Old,
Thank you for your request for information dated 13 November, 2009
concerning Unlawful cessation of payment of CRTP to officers.
This is to inform you that all information relating to your request has
been collated and is attached.
Request
I seek to establish:
(1) whether or not your force complies with Home Office Circular
18/2008 and Police Regulations and Determinations as described
above, by continuing to pay CRTP to a member who, having been
awarded CRTP, is in receipt of temporary salary (NB - "acting up",
NOT temporarily promoted to a higher rank under Regulation 27(b)
and Annex "J").
As a force we comply with HO Circular 18/2008 and Police Regs.
If you do not so comply:
(2) please advise by what legal authority your force ceases making
such payments; and
Not applicable
(3) please advise what action you take when an inspector, on pay
point 3 (top rate) and in receipt of CRTP, is required to perform
the duties of a chief inspector, whose pay is less than that of
such an officer. NB - the exception set out in paragraph 9 of Part
9 of Annex "F" *DOES NOT APPLY* to temporary salary - it applies
only to temporary promotion under Regulation 27(b).
This should not happen. Humberside Police operate a 'Less
Detriment Rule' where an officer should not be financially worse off if
promoted or takes on additional duties outside of their normal
role. However individual Police Staff could arrange personal terms which
could result in a 'negative' pay scenario.
Should any further information be requested regarding this topic, a
separate request will need to be submitted.
If I can be of any further assistance on this matter please do not
hesitate to contact me.
Yours sincerely,
Paul Waller
Information Compliance Officer
+44 (1482) 317096
Humberside Police
Corporate Development Branch
Information Compliance Unit
Police Headquarters
Priory Road
Kingston Upon Hull
HU5 5SF
Fax:+44 (1482) 317090
Humberside Police - Freedom of Information Complaints Review Procedure
Why Have A Complaints Process?
Humberside Police is committed to delivering an open and transparent
service whenever possible and it is our intention to commit to the
principles of openness embodied in the Freedom of Information Act. We
will release information to the greatest extent possible, consistent
with the public interest, however we may withhold information if we
consider its release would cause significant harm.
If information within a document is withheld, it will be clearly marked
to show where information has been removed and the legal exemption we
have used. If we decline to supply all or part of any information you
have asked for we will notify you in writing giving our reasons based
upon legal exemptions contained within the Freedom of Information Act.
If you are not satisfied about the way in which your Freedom of
Information request has been handled you have the right to appeal. This
information has been designed to help you to understand how to complain
to Humberside Police. Using this process will not affect your right to
complain directly to the Information Commissioner if you feel we have
not complied with our obligations under the Freedom of Information Act.
Who Can Complain?
Anyone who has made a Freedom of Information request in writing to the
Force can complain. If you have requested information and you are not
satisfied with the way we have dealt with it, you can use the complaints
process to have it looked at again. If someone who requested information
would like to complain but cannot do so themselves, you can complain on
their behalf but it will help us if you make it clear that you are doing
so.
What Can I Complain About?
If you are not satisfied with the way we have handled your request, with
the fee we have charged, or with the reasons we have given for refusing
to provide information, you have the right to appeal. You can complain
about the range, amount and format of information we have sent following
a request. You can also complain about the way a request was handled,
for example, the time it took to respond.
How Do I Complain?
To deal with your complaint as quickly as possible, it will help if you
can give us as much information as you can about the original request
made and the reason for your complaint. Please put your complaint in
writing and address it to:
FOI Appeals
Humberside Police Information Compliance Unit
Police Headquarters
Priory Road
Hull HU5 5SF
What Happens To My Complaint?
Once we have enough details to identify the request, we will begin the
review. The Head of The Information Compliance Unit will normally review
your complaint. In the more complex cases a review panel consisting of a
number of senior personnel from the Force will re-examine your
complaint. We aim to complete the review process within three months of
receiving your complaint. Upon completion we will send you the findings.
How Will I Be Notified?
Where we have not followed procedures or have failed to provide
acceptable quality of service, we will apologise and explain what we
will do to ensure this doesn't happen again. If our original decision to
withhold information is over-turned on appeal we will send you the
additional information immediately. If we believe that our original
response was correct we will let you know, and inform you of your
options (see below).
What If I'm Still Not Satisfied?
If we have been unable to resolve your complaint and you are not
satisfied you can approach the office of the Information Commissioner,
who may investigate the matter on your behalf. This option is open to
you at all times, but we will endeavour to address your complaint
initially, as this may lead to a speedier resolution. It is the
Information Commissioner who decides whether to investigate or not. We
will co-operate fully with the Information Commissioner.
If you have any further questions about the complaints process, please
contact the Information Compliance Unit on 01482 578313 or alternatively
you can write to:
Head of Information Compliance Unit
Humberside Police Headquarters
Priory Road
Hull HU5 5SF
Email: [email address]
Requests for a review by the Information Commissioner should be made in
writing directly to:
The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700
www.informationcommissioner.gov.uk
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