Unlawful cessation of payment of CRTP to officers

William Old made this Freedom of Information request to West Midlands 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

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From: foi
West Midlands Police

16 November 2009

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Dear Mr Old,

FREEDOM OF INFORMATION ACT 2000

Thank you for your request for information, received 13 November
2009 concerning cessation of payment of CRTP to officers..

Your request is being considered and you will receive a response within
the statutory timescale of 20 working days, as defined by the Act, subject
to the application of any statutory exemptions. Where consideration is
being given to the application of any exemptions the 20 working day
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considered reasonable depending on the nature and circumstances of your
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Yours sincerely,

Freedom of Information Unit

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From: foi
West Midlands Police

11 December 2009

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Dear Mr Old

FREEDOM OF INFORMATION ACT 2000

Your request for information, received 13 November 2009 concerning the
cessation of payment of CRTP to officers has now been considered. I am
pleased to enclose the following information.

West Midlands Police continues to pay CRTP to officers in receipt of
temporary salary for "acting up" to a higher rank, but not temporarily
promoted. Therefore questions 2 and 3 of your request are not applicable.

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure (attached). Please note
that such an appeal must be received within six months of the date of this
correspondence.

If you require any further information, then please do not hesitate to
contact me.

Yours sincerely,

Freedom of Information Unit

West Midlands Police in complying with their statutory duty under sections
1 and 11 of the Freedom of Information Act 2000 to release the enclosed
information will not breach the Copyright, Designs and Patents Act 1988.
However, the rights of the copyright owner of the enclosed information
will continue to be protected by law. Applications for the copyright
owner*s written permission to reproduce any part of the attached
information should be addressed to The Force Solicitor, West Midlands
Police Headquarters, Lloyd House, Colmore Circus Queensway, Birmingham, B4
6NQ.

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