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 William
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 0583/2009
We acknowledge receipt of your Freedom of Information (FOI) request which
was received by Cambridgeshire Constabulary on 16/11/2009.
Your request will now be considered in accordance with the Freedom of
Information Act 2000. You will receive a response within the statutory
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Should you have any further enquiries concerning this matter, please
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Regards
Alec Taylor
Information Access Office
Cambridgeshire Constabulary
Dear William
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 0583/2009
In reply to your request for information under the Freedom of Information
Act 2000, dated 13/11/2009 that was received by us on 16/11/2009.
Your request was received as:
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).
The Freedom of Information Act 2000 (The Act) requires us to handle all
requests in a manner that is blind to the identity of the requestor. Any
information released in response to a request is regarded as being
published, and. therefore in the public domain without caveat.
We have completed all searches within Cambridgeshire Constabulary and
hereby enclose your response.
Threshold Payments [CRTP]. Your first question asked if we comply with Home
Office Circular 18/2008. Our response is that we do comply.
Having confirmed we do comply with Home Office then your questions numbered
2 and 3 do not apply.
If you are unhappy with this response, please see the attachment below,
which sets out your rights to appeal.
(See attached file: Complaint Rights new.nov - 09.pdf)
Should you have any further enquiries concerning this matter, please
contact the Information Access Office via email, or on telephone number
0345 456 456 4 extension x8163.
Regards
Alec Taylor
Information Access Office
Cambridgeshire Constabulary
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