Unlawful cessation of payment of CRTP to officers

The request was successful.

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

Cleveland Police

Dear Mr Old,

Enquiry Ref : 2009/2162

I acknowledge receipt of your enquiry dated 13.11.09 and received by Cleveland police the same day requesting information concerning competence related threshold payments.

As set out by the Freedom of Information Act it will be our aim to respond to your request by 11 December 2009. In some cases, however, we may be unable to achieve this deadline.
If you have any questions regarding your request please contact me.

Yours sincerely,

Pc 18 Tony Greenheld
FOI Decision Maker
Freedom Of Information
Cleveland Police
Wetherby House
Tel 01642 306832

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Cleveland Police

Dear Mr Old,
Enquiry Ref : 2009/2162

I write in connection with your request for information dated 13 November 2009 concerning

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").
A) Yes

If you do not so comply:

(2) please advise by what legal authority your force ceases making
such payments; and
A)N/A

(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).
A) we would simply pay the difference between the two base salaries and continue to pay CRTP regardless.

If you are not satisfied with this response or any actions taken in dealing with your request you have the right to request that we review your case under our review procedure. If you decide to request that such a review is undertaken and following this process you are still dissatisfied you then have the right to direct your complaint to the Information Commissioner for consideration.

If I can be of any further assistance please do not hesitate to contact me.

Yours sincerely,

Pc 18 Tony Greenheld
FOI Decision Maker
Freedom Of Information
Cleveland Police
Wetherby House
Tel 01642 306832

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Dear Sir or Madam,

A very helpful, precise, and extremely prompt response.

Many thanks.

Yours faithfully,

William Old