Deferment of Completion of Injury Award Review

Corporate Information Management Department

Force Headquarters, PO Box 37, Valley Road,

Portishead, Bristol, BS20 8QJ

Facsimile 01275 814667

Email [email address]    

 

 

 

 

Ms Kristina Jessick Our Reference 080/16

[FOI #310297 email] Date 09 February 2016

 

 

 

Dear Ms Jessick

 

I write in connection with your request for information dated 12^th
January 2016 concerning Injury on Duty Pensions.

 

Specifically you asked:

 

1. If your force has a policy document, or any other form of document or
documents, setting out the procedure and or power that allows for a review
under Regulation 37 Police Injury to be deferred, please supply a copy. By
'defer' I mean to not complete a review by means of the Selected Medical
Practitioner not formally stating there has been substantial change or no
change to the degree of disablement in relation to earning to capacity but
to keep it on hold indefinitely. 

 

2. If your force has a policy document, or any other form of document or
documents, setting out the procedure and or power that allows for a review
under Regulation 37 to have the final decision removed from the Selected
Medical Practitioner and said decision delegated to the Legal Services
department for a decision, please supply a copy.

 

3. If your force has a policy document, or any other form of document or
documents, setting out the procedure and or power that allows for a review
under Regulation 37 to have the final decision of the Selected Medical
Practitioner overruled by the Director of Resources, please supply a copy.

 

1. No formal policy document exists as each case is considered on an
individual basis.  We are guided by the SMP as to whether a review should
be put ‘on hold’ pending an improvement in the individual’s clinical
situation.

 

2. The NAMF (National Attendance Management Forum) Guidance is applied
which indicates that ‘The SMP’s role is to measure degree of disablement
using admissible evidence.  On receipt of his decision it is for the PPA
to decide whether any identified change in the degree of disablement
represents a substantial alteration and if so they shall revise the IOD
pension accordingly’. The final decision therefore rests with the Police
Pensions Authority and not the SMP or Legal Services Department.

 

3. Please see the response to question 2 above.

 

 

Yours sincerely

 

 

Rebecca Pritchard

Freedom of Information Officer

Corporate Information Management Department

 

 

Please note:

1.     Requests and responses may be published on Avon and Somerset
Constabulary’s website (within 24 hours), some of which may contain a link
to additional information, which may provide you with further
clarification.

2.     Whilst we may verbally discuss your request with you in order to
seek clarification, all other communication should be made in writing.

3.     Avon and Somerset Constabulary provides you with the right to
request a re-examination of your case under its review procedure (copy
attached).

 

 

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