Duly Qualified Medical Practitioner and Injury On Duty Awards

Roedd y cais yn llwyddiannus.

Dear Essex Police,

Regulation 30(2) and Regulation 37(1) of The Police (Injury Benefit) Regulations 2006 concerns considering whether a person is permanently disabled and the degree of disablement for the former and consideration of substantial alteration of degree of the person’s disablement for the latter. Both questions shall be referred for decision to a duly qualified medical practitioner (from now on referred to as a select medical practitioner -SMP).

If a doctor is registered and licensed with the GMC (prerequisite of a duly qualified medical practitioner), they are required to adhere to the standards and guidance regardless if they work in another capacity. The first duty of a doctor registered with the GMC is to make the
care of their patient their first concerning. In the GMC guidance the term 'patient' also refer to employees, clients, athletes and anyone else whose personal information doctors hold or have access to, whether or not the doctor cares for them in a traditional therapeutic relationship.

As the Police Pension Authority puts those with being assessed for Injury on Duty Awards and those being reviewed in front of a SMP to answer the questions in the first paragraph above I want you to disclose:

1. All procedures, direction or instructions that the Police Pension Authority has in making sure such a duly qualified medical practitioner appointed by them complies with the GMC guidelines in respect of the duty of care.

2. All procedures, direction or instructions on how the Police Pension Authority checks whether their SMP acting as their agent both in a first assessment (reg30) and whilst exercising of the discretional power of review (reg37) has not made a person subject to their use, medically worse in their condition.

Yours faithfully,

Iain Lackford

data foi, Essex Police

1 Atodiad

Thank you for your enquiry which has been logged under the above
reference.

Under the Freedom of Information Act we are required to reply within 20
working days.  The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit.  However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature.  Requests that ask a great many
questions, or a number of detailed requests submitted at the same time,
may make it necessary for Essex Police to refuse the requests wholly or in
part.

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests.  Further
information can be found on the Commissioner’s website at
[1]www.ico.gov.uk specific information relating to submitting a request
can be found at:
 [2]http://www.ico.org.uk/for_the_public/off...   

 

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request. Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

 

Steve Grayton

Temp.Senior Information Officer

Data Protection & Freedom of Information

Information Management

Corporate Services

Essex Police Headquarters

PO Box 2, Springfield, Chelmsford, CM2 6DA

 

Internal extension 150044

External Dial 101 then ext.150044

Data Protection / FOI Team direct dial: 01245 452647

Fax: 01245 452256 Internal 150045

Email : data[Essex Police request email]

Personal email: [email address]

Website: www.essex.police.uk

Working hours Mon-Thurs 7:30 – 15:30, Fri 7:30 – 15:30

Office opening hours: Mon-Fri 8:00 - 16:00, Fri 8:00 - 15:30

 

If you are dissatisfied with the handling of your FOI request, you have
the right to ask for an internal review.

Internal review requests should be submitted within 20 working days of the
date of receipt of the response to your original request and should be
addressed to the Senior Information Officer at the above address or by
email to: [3]data[Essex Police request email]

They will conduct an internal review to investigate the handling of your
request and endeavour to reply within 20 working days. If your complaint
refers to a decision to apply an exemption it would assist the review if
you would outline the reasons why you feel the exemption does not apply.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [4]http://www.ico.gov.uk/

 

 

dangos adrannau a ddyfynnir

Steve Grayton, Essex Police

3 Atodiad

Thank you for your enquiry which has been logged under the above
reference. Having completed my enquiries I am able to respond as follows:

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities. Unless exemptions apply, the first duty at
Sec1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at Sec1(1)(b) is to disclose information
that has been confirmed as being held. Where exemptions are relied upon
s17 of FOIA requires that we provide the applicant with a notice which: a)
states that fact b) specifies the exemption(s) in question and c) states
(if that would not otherwise be apparent) why the exemption applies.

In respect of your enquiry:

Regulation 30(2) and Regulation 37(1) of The Police (Injury Benefit)
Regulations 2006 concerns considering whether a person is permanently
disabled and the degree of disablement for the former and consideration of
substantial alteration of degree of the person’s disablement for the
latter. Both questions shall be referred for decision to a duly qualified
medical practitioner (from now on referred to as a select medical
practitioner -SMP).

 

If a doctor is registered and licensed with the GMC (prerequisite of a
duly qualified medical practitioner), they are required to adhere to the
standards and guidance regardless if they work in another capacity. The
first duty of a doctor registered with the GMC is to make the care of
their patient their first concerning. In the GMC guidance the term
'patient' also refer to employees, clients, athletes and anyone else whose
personal information doctors hold or have access to, whether or not the
doctor cares for them in a traditional therapeutic relationship.

 

As the Police Pension Authority puts those with being assessed for Injury
on Duty Awards and those being reviewed in front of a SMP to answer the
questions in the first paragraph above I want you to disclose:

 

1. All procedures, direction or instructions that the Police Pension
Authority has in making sure such a duly qualified medical practitioner
appointed by them complies with the GMC guidelines in respect of the duty
of care.

 

2. All procedures, direction or instructions on how the Police Pension
Authority checks whether their SMP acting as their agent both in a first
assessment (reg30) and whilst exercising of the discretional power of
review (reg37) has not made a person subject to their use, medically worse
in their condition.

 

Essex Police does hold some information in relation to your request.

 

To answer your enquiry I raised a query with the Head of Health Services
for Essex Police and am advised as follows:

 

In relation to this issue the rules governing procedures are covered by
PNB 10/04 enclosed which includes guidance for the SMP. The Pension
Authority ensures we have a qualified independent appropriately qualified
medical professional.

 

The checking of duty of care is a rather strange question as the medical
profession has the duty of care enshrined in it’s ethical codes which a
qualified practitioner would subscribe to a member of the medical
profession. The GMC have an appropriate code of conduct that the
profession subscribe to which includes a complaints procedure etc. . They
also conduct peer reviews but this is regulated by the GMC as part of
their profession not the Pension Authority. The regulation of the medical
profession is not a function of the Pension Authority our remit extends to
ensuring we comply with PNB circular 10/4

 

I hope this is of use.

 

Steve Grayton
Temp.Senior Information Officer
Data Protection & Freedom of Information
Information Management
Corporate Services
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA

 

Internal extension 150044
External Dial 101 then ext.150044
Data Protection / FOI Team direct dial: 01245 452647
Fax: 01245 452256 Internal 150045
Email : [1]data[Essex Police request email]
Personal email: [2][email address]
Website: [3]www.essex.police.uk

Working hours Mon-Thurs 7:30 – 15:30, Fri 7:30 – 15:30
Office opening hours: Mon-Fri 8:00 - 16:00, Fri 8:00 - 15:30

[4]http://web/departments/mediaandpr/pr/Cre...

If you are dissatisfied with the handling of your FOI request, you have
the right to ask for an internal review.

Internal review requests should be submitted within 20 working days of the
date of receipt of the response to your original request and should be
addressed to the Senior Information Officer at the above address or by
email to: [5]data[Essex Police request email]

They will conduct an internal review to investigate the handling of your
request and endeavour to reply within 20 working days. If your complaint
refers to a decision to apply an exemption it would assist the review if
you would outline the reasons why you feel the exemption does not apply.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [6]http://www.ico.gov.uk/

 

 

dangos adrannau a ddyfynnir