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
Dear Avon & Somerset Constabulary,
As no acknowledgement has been received for this request, I write to draw your attention to the fact that you only have 7 days remaining to respond.
A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/un...
Yours faithfully,
William Old
Dear Mr Old
Please be assured that we are in receipt of your Freedom of Information
Request Ref:09/673. Your request is still be worked on and you will be
informed once it has been completed.
Yours sincerely
Freedom of Information Officer
Freedom of Information Officer
Corporate Information Management Department
Avon and Somerset Constabulary
Corporate Information Management Department
Force Headquarters, PO Box 37, Valley Road,
Portishead, Bristol, BS20 8QJ
Facsimile 01275 814667
Private
William Old
[FOI #23137 email] Our Reference 09/673
Your reference
Date 17 December 2009
Dear Mr Old
I write in connection with your request for information dated 13th
November 2009 concerning the 2003 Police Regulations as follows:
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).
Your request for information has now been considered and the information
asked for is below.
Avon and Somerset Constabulary complies with regulations to continue to
pay CRTP to officers 'acting up' into a higher rank. CRTP is only ceased
when an officer is promoted on a permanent or temporary basis or following
a reassessment.
We do not financially disadvantage officers who are promoted to a higher
rank thus ceasing their CRTP payments. In these cases, the officer would
be placed on the second increment within the rank to avoid any financial
loss. Officers 'acting up' would continue to receive their CRTP and would
not be financially disadvantaged for performing the role of a higher rank.
I would like to take this opportunity to apologise for the delay in
providing you with a response and to thank you for your interest in Avon
and Somerset Constabulary.
Yours sincerely
Freedom of Information Officer
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).
<<A&S Appeals Procedure - E-Mail.doc>>
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