Unlawful cessation of payment of CRTP to officers

William Old made this Freedom of Information request to Kent 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: Freedom of Information Freedom of Information
Kent Police

13 November 2009


Attachment Your Right to Complain.pdf
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Dear Mr Old,

FREEDOM OF INFORMATION REQUEST 8571-2009

Thank you for your request received by Kent Police on 13th November
2009, I note you seek access to the following:

Information regarding unlawful cessation of payment of CRTP to officers.

Your interest in Kent Police is appreciated and pending a specific
response to your request, I enclose a sheet, which summarises your
rights. Should you have any further inquiries concerning this matter,
please write or contact me on telephone number 01622 654429 quoting the
reference number above.

Yours sincerely,

Freedom of Information Team
Information Compliance Unit
Kent Police
Force HQ
Sutton Road
Maidstone
Kent ME15 9BZ

E-mail: [Kent Police request email]
Tel: +44 (0)1622 654429/654413
Fax: +44 (0)1622 654437
Internal: 19-4429/4413

--
This email and any accompanying document(s) contain information from Kent Police, which is confidential or privileged.
The information is intended to be for the exclusive use of the individual(s) or bodies to whom it is addressed.
If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.
If you have received this email in error, please notify us immediately by contacting the sender or telephoning 01622 690690.
The copyright in the contents of this email and any enclosure is the property of Kent Police and any unauthorised reproduction or disclosure is contrary to the provisions of the Copyright Designs and Patents Act 1998.

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From: Freedom of Information Freedom of Information
Kent Police

10 December 2009

Dear Mr Old,

I write in connection with your request reference 8571-2009. I am
conscious that a response has not yet been provided to this request and I
write to confirm that this is currently receiving attention and a response
will be provided as soon as possible.

Many Thanks

Laura Birchley

Laura Birchley
Freedom of Information Team
Information Compliance Unit
Kent Police
Force HQ
Sutton Road
Maidstone
Kent ME15 9BZ

E-mail: [Kent Police request email]
Tel: +44 (0)1622 654429/654413
Fax: +44 (0)1622 654437
Internal: 19-4429/4413

Link to this

From: Freedom of Information Freedom of Information
Kent Police

17 December 2009


Attachment 8571 2009 Response Letter.pdf
127K Download View as HTML


Dear Mr Old,

Please find attached the Kent Police response to your request reference
8571-2009. I apologise for the delay in providing a response to this
request.

Many thanks,

Julia Potten

Freedom of Information Team
Information Compliance Unit
Kent Police
Force HQ
Sutton Road
Maidstone
Kent ME15 9BZ

E-mail: [Kent Police request email]
Tel: +44 (0)1622 654429/654413
Fax: +44 (0)1622 654437
Internal: 19-4429/4413

--
This email and any accompanying document(s) contain information from Kent Police, which is confidential or privileged.
The information is intended to be for the exclusive use of the individual(s) or bodies to whom it is addressed.
If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.
If you have received this email in error, please notify us immediately by contacting the sender or telephoning 01622 690690.
The copyright in the contents of this email and any enclosure is the property of Kent Police and any unauthorised reproduction or disclosure is contrary to the provisions of the Copyright Designs and Patents Act 1998.

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