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Unlawful cessation of payment of CRTP to officers
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William Old made this Freedom of Information request to Suffolk Constabulary
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: INFORMATION
Suffolk Constabulary
13 November 2009
[Not Protectively Marked]
13 November 2009
Dear Mr Old,
FREEDOM of INFORMATION ACT 2000
Thank you for your request for Information, received at this office on
13 November 2009, in which you requested details of the following:
"(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)."
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 Suffolk Constabulary 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 information that you have
requested by 11 December 2009.
Should you need to discuss this further please contact Elaine Fisk, on
01473 782051.
I would like to take this opportunity to thank you for your interest in
Suffolk Constabulary.
Yours sincerely,
Clair Louise Pack
Freedom of Information Coordinator
Suffolk Constabulary PHQ
01473 613919
[1][Suffolk Constabulary request email]
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From: INFORMATION
Suffolk Constabulary
4 December 2009
[Not Protectively Marked]
4 December 2009
Dear Mr. Old,
Thank you for your request for information dated 13 November 2009
concerning whether or not Suffolk complies with Home Office Circular
18/2008 and Police Regulations and Determinations, by continuing to pay
CRTP to a member who, having been awarded CRTP, is in receipt of temporary
salary.
This is to inform you that all information relating to your request has
been collated my response is attached. This request is now complete and
shall be closed immediately.
Should any further information be requested regarding this topic, a
separate request will need to be submitted.
Should you need to discuss this further please contact Clair Pack, on
01473 613919.
I would like to take this opportunity to thank you for your interest in
Suffolk Constabulary.
Yours sincerely,
Clair Louise Pack
Freedom of Information Coordinator
Suffolk Constabulary PHQ
01473 613919
[1][Suffolk Constabulary request email]
Our Policing Pledge is a commitment from Suffolk Constabulary to the
public to provide the best possible service and make Suffolk a safer place
to live. It has 10 key themes and sets out the standards of service
Suffolk Constabulary aspires to deliver. See our Policing Pledge in full
by clicking on
[2]http://www.suffolk.police.uk/NR/rdonlyre...
To find out further information relating to your local Safer Neighbourhood
Team click on:
[3]http://www.safersuffolk.org.uk
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1. mailto:[Suffolk Constabulary request email]
2. http://www.suffolk.police.uk/NR/rdonlyre...
3. http://www.safersuffolk.org.uk/
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