Unlawful cessation of payment of CRTP to officers

William Old

[1][FOI #23177 email]

13 November 2009

Dear Mr Old

Freedom of Information Request - Reference No: 20090573

Thank you for your request for information in relation to:

(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
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If you have any enquiries please contact the Information Compliance Unit
on the numbers below.

Yours sincerely,

Martha Robinson
Information Compliance Clerk
South Yorkshire Police
Information Compliance Unit
Professional Standards Department
Unit 20 Sheffield 35A Business Park
Churchill Way
Sheffield
S35 2PY

External T/N
0114 292 1797
0114 292 1798

South Yorkshire Police 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 Information Commissioner who will give it consideration.

Citizen Focus: Improving Satisfaction and Confidence is a Priority for the
Force

William Old To FOI requests at South
<[FOI #23177 email]> Yorkshire Police
<[South Yorkshire Police request email]>
13/11/2009 12:52 cc
Subject Freedom of Information
request - Unlawful
cessation of payment of
CRTP to officers

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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18 November 2009

William Old

[1][FOI #23177 email]

Dear Mr Old

Freedom of Information Request - Reference No: 20090573

Thank you for your request for information in relation to: -

(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).

RESPONSE

1. South Yorkshire Police is in compliance with the Home Office guidance
18/2008 and PNB circular 08/04 in that if an Officer in receipt of CRTP
makes a claim for acting rank payment, and is paid, the CRTP is not
affected.
2. & 3. Not applicable

I hope the information we have provided is of help to your enquiries and I
would like to take this opportunity to thank you for your interest in
South Yorkshire Police.

Yours sincerely

Martha Robinson
Information Compliance Clerk
South Yorkshire Police
Information Compliance Unit
Professional Standards Department
Unit 20 Sheffield 35A Business Park
Churchill Way
Sheffield
S35 2PY

External T/N
0114 292 1797
0114 292 1798

Email - [South Yorkshire Police request email]

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this forces response to your questions should not be used for the
comparison purposes with any other response you may receive.

South Yorkshire Police 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.

The South Yorkshire 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
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attached information should be addressed to The Force Solicitor, South
Yorkshire Police, Police Headquarters, Snig Hill, Sheffield, S3 8LY.

Citizen Focus: Improving Satisfaction and Confidence is a Priority for the
Force

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