FORCE PROCEDURES. Essential Mileage Procedure

Transcription

1 FORCE PROCEDURES Essential Mileage Procedure Procedure Reference Number: Procedure Author: Joanne Jones, HR Manager Procedure Review Date: Oct 2011 At the time of ratifying this procedure, the author is satisfied that this document complied with relevant legislation and Force requirements. Sign and date Joanne C Jones Aug 09 (Author(s)) Version NOT PROTECTIVELY MARKED 1

2 Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. 1. Responsibilities Guidance Procedure Aim Appeals Review... 9 Version NOT PROTECTIVELY MARKED 2

3 1. Responsibilities 1.1 Individuals should: Record mileage during the year as the information will be called upon as part of the annual review. Provide a vehicle for business use at all times when in receipt of an essential vehicle user allowance. Ensure that the vehicle is fully insured and road worthy. 1.2 Line Managers have a responsibility to: When either a new police staff or police officer post is created to determine whether essential mileage allowance is required and submit a business case for consideration by the allowance panel. This should be completed alongside the hay panel process (Police Staff) or the completion of a form 165 (police officers). When a post becomes vacant undertake a review to determine whether the post actually requires the allowance. Confirm in recruitment and selection documentation that until a business case has been submitted to the allowance panel casual mileage should be claimed. Provide HQ HR with information on a periodic basis which will be used to determine whether a post should be a designated essential user post. 1.3 Area Commanders/Heads of Department have a responsibility to: Review business cases submitted by line management to determine as part of the authorisation process whether a hire car, pool car or casual mileage would be more economically viable and operationally effective to the force than setting up a large amount of staff on the allowance. This information should be included on the supporting documentation submitted to HQ HR. 1.4 Area/ HQ HR Managers have a responsibility to: Ensure they provide professional guidance and advice in accordance with the procedure. 1.5 HQ Finance Department have a responsibility to: Ensure allowance panels are held on a periodic basis to review business cases. Version NOT PROTECTIVELY MARKED 3

4 Maintain a list of essential user posts to be held centrally and reviewed on an annual basis. Maintain accurate records. When requested provide statistical information in order that an annual review of essential user posts can be undertaken. 1.6 Area Finance Department have a responsibility to: Sign off the business case to confirm whether there is any budget available to set up the allowance. Check Insurance Documents 1.7 HQ Human Resources have a responsibility to: Ensure they provide professional and administrative support to the allowance panels and annual review. 2. Guidance Click Here to Return to Index 2.1 DEFINITION Definitions for car allowances can be found in the police staff handbook and police regulations Class of User There are 2 classes of car user within Cheshire Constabulary to whom allowances can be paid. The Police Staff Council state that : Essential Car Users: Essential user posts are deemed to be those with duties of such a nature that it is essential for the post holder to have a motor car at his/her disposal whenever required Casual Car Users: A casual user is an employee for whom it is merely desirable that a car should be available when required. 2.2 ELIGIBILITY Essential Car User allowance is allocated to a post and not to a post holder. The allowance is payable in cases where the essential elements of a post cannot be undertaken without a motor vehicle being at an individual s disposal. One of the following criteria must be met for a post to be designated as an essential mileage user role: Version NOT PROTECTIVELY MARKED 4

5 Posts in which the post holder incurs business mileage of 3000 per annum or more (under the current excess mileage policy), All Superintending posts (on the basis that they regularly undertake Force wide cover for a range of operational response situations), Posts in which there is a requirement to undertake regular, planned or unplanned urgent visits, or regularly carry passengers and/or equipment, or regularly visit locations difficult to access by public transport. Regular means typically 3 days or more per week and refers to substantive posts and not voluntary duties which are remunerated through other options, i.e. SPP. The Force has now agreed a designated post list based on the criteria from which annual reviews & further business cases can be considered. For those posts which are not supported any subsequent review of the allowance should be submitted 12 months from the decision of the panel, as this will allow the member of staff time to substantiate the criteria has been met, i.e. 3,000 miles. Any decision to submit a business case must be supported by line management and Area Commander/Dept Head. Finance Managers must ensure that they confirm there are budgets available for the allowance to be set up Exceptional cases People with disabilities which prevent them from driving can be appointed to posts designated as essential user posts providing satisfactory alternative arrangements, for undertaking the travelling involved, can be made. Any essential user who is unable to drive because of a disability may receive payment four weekly, to compensate for actual expenditure on alternative travelling arrangements up to the maximum published in practice direction Rate of Expenses and Allowances (finance database). Evidence of actual expenditure must be provided in order to ensure exemption from tax and national insurance payments Part time staff If a part time member of staff is in a role designated as an essential car user post they will receive the monthly payment and claim mileage at the appropriate rate. 2.3 Allowance Panels (Also see section 2.7) The allowance panel will meet approximately every 6 months to review any new business cases submitted to determine whether a post should receive the essential user allowance or payment should cease. 2.4 The Approval Process A member of staff who wishes to apply for Essential Mileage Allowance should raise this in the first instance with their Line Manager. The Line Manager, having taken advice from their HR Manager, should then submit a business case to Human Version NOT PROTECTIVELY MARKED 5

6 Resources, via the Personnel Mailbox. The business case should only be submitted to Human Resources once it has been signed off by the Dept Head / Area Commander & Finance Manager. The application will be reviewed by an allowance panel, comprising of a Senior Member of Police Staff and an Area representative at the rank of Superintendent. The panel will review cases against the Force s criteria. A member of staff should claim casual mileage until the panel has made a decision. If a business case is approved, the essential user agreement will be issued for completion. Payment will commence from the date of the panel s decision, provided that the agreement has been signed and returned to HQ HR. If the business case is rejected the member of staff and the Area Commander/Department Head will be notified in writing of the decision within 5 working days and the individual will continue to claim casual mileage. 2.5 INSURANCE, DRIVER LICENCE AND MOT It is the responsibility of the individual member of staff to ensure that their vehicle has a valid MOT and is covered by fully comprehensive insurance. The insurance policy should: Include business cover for use of the vehicle on Constabulary business Include cover for carrying passengers Indemnify the Cheshire Constabulary against claims by third parties arising out the use of the vehicle on police business. If a member of staff is disqualified from driving, or if his/her driving licence lapses, he/she must cease driving and notify their line manager immediately. Failure to do so could result in disciplinary action being taken. 2.6 MONITORING The Force s designated list of essential posts will be reviewed annually towards the end of the year to determine whether they are still deemed as a qualifying post. The panel will review the list against the force criteria and supporting information provided by Heads of Departments and Area Commanders. The Finance Department will also provide the panel with appropriate mileage data to allow the panel to review the list of posts. 2.7 WITHDRAWAL OF ALLOWANCE Cheshire Constabulary reserves the right to withdraw essential car user allowance in the following circumstances: Sickness Essential vehicle user allowance will not be withdrawn in the first three months of sickness absence. The allowance will be suspended on the 1st day of the fourth month of continuous absence and will be restored when the member of staff returns to work. Version NOT PROTECTIVELY MARKED 6

7 2.7.2 Maternity/Adoption See the appropriate maternity scheme details for further information Disqualification from Driving Car user allowance will cease to be paid from the date of disqualification. It will be restored at the end of the disqualification period, if there is continuing justification for the post to attract an essential vehicle user allowance. The member of staff will be required to produce their driving licence and comprehensive insurance policy. The allowance will also be withdrawn in cases where a member of staff s driving licence lapses Vehicle not available When a vehicle is not available for use because of breakdown and/or repair, the allowance may be withdrawn if the postholder is unable to provide a replacement vehicle. Members of staff should contact their Area/HQ HR Managers for guidance in these situations Failure to meet criteria All posts will be reviewed annually as detailed in paragraph 2.3. All subsequent business cases will be reviewed by the panel. If the panel decides that the post does not meet the criteria within the policy, then the allowance may be withdrawn with effect from the following month s pay Transfer to a post which does not attract Essential Car User Allowance Essential vehicle user allowance is assigned to a post and not to an individual. Hence, if a member of staff moves to a post which is not eligible for essential mileage, payment will cease from the date of appointment Secondment Where a member of staff voluntarily applies for a secondment to a post which does not qualify for essential vehicle user allowance then the allowance will cease from the date of appointment in the seconded post. If the Force moves a member of staff into a seconded post which does not qualify for essential vehicle user allowance, then the member of staff will retain the essential vehicle allowance for the duration of the secondment up to a maximum of 12 months. (The budget will be paid from the area/department the member of staff is moving to). Thereafter the post will be reviewed against the qualifying criteria, and the allowance will only continue to be paid if a vehicle is essential for the performance of the role. The posting of Police Officers is not considered a secondment and if the post the officer is posted to does not attract essential vehicle user allowance, then the officer s allowance will cease from the date of the posting Force s Bike to Work Scheme If a member of staff participates in the Force s Bike to Work Scheme and use their cycle for work then the payment of vehicle use allowance will cease from the date Version NOT PROTECTIVELY MARKED 7

8 they commence on the scheme unless a member of staff can demonstrate their car is available for work Force Car Share Scheme If a member of staff participates in the Force s formal Car Share Scheme then the payment of essential vehicle allowance will cease from the date they commence on the scheme, unless a member of staff can demonstrate their car is available for work. 2.8 RECOVERING OF ALLOWANCE Where an overpayment of the allowance or essential mileage fuel expenses has been made, the member of staff will be given the opportunity to re-pay the amount by cheque, or have it recovered through the payroll. Under normal circumstances the recovery will be made over the same period as the overpayment or sooner. However, where this would lead to personal hardship, the individual can request that the sum be recovered over a longer period. Human Resources will review each overpayment on a case by case basis. 3. Procedure Aim Click Here to Return to Index 3.1 The aim of the procedure is to provide a framework of information and guidance on the payment of essential car user allowance within the force. This will ensure the consistent application of the allowance. 3.2 The procedure has been written in accordance with Police Regulations and the Police staff Council The procedure should be read in conjunction with the force Business Travel Plan. Click Here to Return to Index 4. Appeals 4.1 Members of staff who make a request for essential vehicle user allowance in accordance with this procedure, and believe they have been unreasonably refused, should raise their issue initially with their Line Manager providing reasons for their appeal. 4.2 The business case detailing the reason for appeal should be submitted to the Director of Human Resources for consideration within 10 days of the initial decision. 4.3 Staff who have a disability or health condition which impairs their ability to submit a written statement can request the assistance of their Line Manager, a First Contact Adviser or Trade Union or Staff Association Representative. Click Here to Return to Index Version NOT PROTECTIVELY MARKED 8

9 5. Review 5.1 The list of posts designated as essential will be reviewed annually by the allowance panel to ensure that the criteria are applied appropriately. 5.2 This procedure will be reviewed every 2 years from the date of approval. Click Here to Return to Index Version NOT PROTECTIVELY MARKED 9

10 Procedure Review Form Title: Essential Mileage Procedure Procedure Author: Joanne Jones Tel. Ext.: 4023 Procedure approved by: Staff & Leadership Board Linked to Policy: HR Management General Information Date Approved: August 2009 Procedure Review When was the procedure last reviewed? N/A new. Is this procedure still required? Yes If No, contact Business Management to archive the document Could this procedure be consolidated with another? No If Yes, contact Business Management to arrange a joint review Does this procedure involve significant change to working practices that will have a resultant impact on service delivery, budget or operational risk? Yes If Yes, inform Business Management. Budget implications What forms are linked to this procedure? Ensure all forms included in the procedure are reviewed. If amendments are required to any forms contact the Force Forms Administrator within Design and Print. Has the procedure considered the following? What evidence is in the procedure to support this? Resource implications Yes Introduction of the new procedure can be accommodated within current resources Finance implications Yes Financial consideration must be given at the business case stage and reviewed by the panel. IT Service implications Yes Introduction of the new procedure can be accommodated within the current NSPIS system & payroll system Policy Owner Sign Off I authorise this procedure for publication / I have forwarded the procedure to an ACPO member for consideration * Delete as appropriate Policy Owner: Director of Human Resources Signed Christine Barton Date: August 09 ACPO Member Sign Off I authorise this procedure for publication / I do not authorise this procedure for publication * Delete as appropriate ACPO Member: Signed Date: Version NOT PROTECTIVELY MARKED 10

11 Procedure Human Rights Review Human Rights Compliance Assessment List legislation relevant to the procedure: N/A Has any of the legislation / case law changed since the last review? Has procedure changed since last review? N/A N/A If No to both questions then previous compliance test stands As a result of the application of the procedure, which Articles are likely to be infringed? 8 Respect for private and family life No 9 Freedom of thought, conscience and religion No 10 Freedom of expression No 11 Freedom of assembly and association No For each Article infringed, identify the legitimate aim(s) that justify the infringement: Legitimate Aim Article 8 Article 9 Article 10 Article 11 National Security N/A Public safety Economic wellbeing of country N/A N/A N/A Prevention of crime and disorder N/A Protection of public order N/A N/A N/A Territorial integrity N/A N/A N/A Protection of reputation and rights of others N/A N/A N/A Preventing disclosure of information received N/A N/A N/A in confidence Maintaining authority and impartiality of N/A N/A N/A judiciary Protection of health or morals Protection of rights and freedoms of others N/A Is the interference the least intrusive option to achieve the identified legitimate aim? Is the interference justified and proportionate with regard to the identified legitimate aim? Is the interference identified applied in a non-discriminatory manner? Are decision making processes and outcomes of actions documented? N/A N/A N/A Yes Article 8 Right to Respect for Private and Family Life Everyone has the right to respect for his private and family life, his home and his correspondence. Article 9 Freedom of Thought, Conscience and Religion Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. Article 10 Freedom of Expression Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. Article 11 Freedom of Assembly Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. Version NOT PROTECTIVELY MARKED 11

12 Procedure Race and Diversity Impact Assessment Section A Has a Diversity Impact Assessment been previously completed? No new procedure If Yes, when and was it H/M/L? If No, go to Section B Has the procedure changed sufficiently to require a further Not Applicable impact assessment? If Yes, go to Section B. If No, go to Section C If no impact assessment has been completed or a further assessment is required, complete the following flowchart to identify whether the procedure has a potentially Low / Medium / High impact and bear in mind the recognised 6 strands of diversity: Minority Ethnic communities including asylum seekers and gypsies Gay, Lesbian, Bisexual and Transgendered members of the community Age Religion Gender Disability Section B Please complete the following flowchart and put an X in the box next to the score you have assigned the procedure: YES Does the procedure only relate to an internal process? NO Does the procedure affect staff employment / development? YES NO LOW Could the procedure be applied with discretion that might discriminate against a minority group? Is data with minority indicators collected? YES NO Ensure monitoring procedures are in place and then re-answer the question NO YES YES Is data with minority indicators collected? NO Does the procedure show the potential for discrimination? YES YES Does the procedure show the potential for discrimination? Could application of the procedure affect community relations? NO Are all reasonable safeguards and processes in place to ensure any potential discrimination is minimised? NO YES NO YES NOS MEDIUM x HIGH MEDIUM LOW Version NOT PROTECTIVELY MARKED 12

13 If on completion of the flowchart you consider that the initial impact assessment should be raised then please re-grade the impact as High or Medium. Initial Impact Assessment raised? If Yes then, was it raised to Medium / High Section C - Race and Diversity Impact Assessment 1. Does this activity present an No Internal procedure opportunity for improving race/community/disability/ age/gender or sexual orientation relations? If so, how? 2. Is there public/political concern in No relation to race/disability/age/gender/ sexual orientation/community issues attached to this activity? If so, what are those concerns? 3. What other sources of information N/A have been used in the development of this procedure i.e. HMIC Inspection Reports, Home Office Circulars? 4. Does the procedure relate to the use No of a statutory power? If so, under what circumstance could discrimination be acceptable? 5. What data collection process exists for this procedure? How is the data monitored to ensure that the impact is not discriminatory or disproportionate? e.g. use of community intelligence. If reviewing the procedure what are the results of the monitoring? 6. What evidence is there that actions to address any negative effects in one area may affect other areas of equality? 7. When the Race and Diversity impact assessment has included consultation, who was consulted? (Include a summary of the key points) 8. Has the procedure been altered following the consultation? (Include a summary of the key changes) 9. Has feedback been given to the groups involved in the consultation? All information in relation to employees is maintained on NSPIS HR and as such can be reported upon by all strands of diversity. Decisions of allowance / appeal panel will be retained. None Procedure consulted on internally including Unison and Staff Associations. Yes Removal of SM as a criterion Removal of allowance from the 1 st day of the 4 th month and not 28 days as originally proposed. Force bike scheme/car share scheme. Removal unless a member of staff can demonstrate their car is available for work. Yes Version NOT PROTECTIVELY MARKED 13

14 I confirm that this procedure is compliant with the Constabulary s commitment to Equality and Diversity. Approved by Diversity Advisory Unit Name: Approved Date: Aug 09 Version NOT PROTECTIVELY MARKED 14

15 Procedure Health and Safety Health and Safety Assessment If required, guidance for this section should be sought from the Force Health and Safety Advisor. Who will be affected by this Procedure? Police Employees Are any of the existing generic risk No Details if Yes assessments affected by this Procedure? Is a new risk assessment required by this No Details if Yes procedure? Does this procedure require revised No Details if Yes Health and Safety training for Staff? Does this procedure require revised equipment for Staff? No Details if Yes I confirm that this procedure is compliant with Health and Safety legislation and regulations. Approved by the Force Health and Safety Department Name: Approved Date: Aug 09 Procedure Quality of Service Commitment Quality of Service Commitment The National Quality of Service Commitment sets out the standards and services the public can expect when they make contact with the police. Further information is available on Looking Glass by clicking here Is it possible that this procedure may impinge upon quality of service and specifically a National Quality of Service Commitment? No If YES answer the following questions, for each commitment affected state whether it is in a positive or negative way and give details Making it easy to contact us Providing a professional and high quality service Dealing with your initial contact Keeping you informed Ensuring your voice counts Victims of Crime Other service commitments Complaints What changes, if any, have been made to the procedure to reduce an adverse impact on quality of service? If the procedure adversely affects quality of service, can it be justified because of the overall objectives? If Yes, give details Version NOT PROTECTIVELY MARKED 15

16 Procedure Victims Code of Practice Victims Code of Practice The Code of Practice for Victims is a statutory requirement and establishes the minimum service levels to be given to any person who has made an allegation to be the victim of a crime to the police or has had such an allegation made on their behalf. Further information is available on Looking Glass by clicking here Is it possible that this procedure may impinge upon the service provided to No victims of crime and, specifically, compliance with the Victims Code? If YES answer the following questions, for each commitment affected state whether it is in a positive or negative way and give details Persons entitled to receive services under the Code Vulnerable or Intimidated victims Crime Reporting, Assessment and Victim Support Investigation Family Liaison Officers Arrest and Bail Decisions to bring Criminal proceedings Bailing of Persons to Court Other disposal methods Youth Offending Teams Requests from the Criminal Injuries Compensation Authority and/or the Criminal Injuries Compensation Appeals Panel Information about the Criminal Cases Review Commission What changes, if any, have been made to the procedure to reduce an adverse impact on the service given to victims of crime and to maintain compliance with the Code? If the procedure adversely affects the service given to victims of crime and compliance with the Code, If Yes, give details can it be justified because of the overall objectives? Procedure Data Protection Data Protection The Data Protection Act applies to personal data. This is defined as information relating to a living individual, who can be identified either from the information itself or indirectly by combining the information with other data available. All personal data must be dealt with in accordance with eight Data Protection Principles. I confirm that this procedure is compliant with the Data Protection Act Approved by Data Protection Officer Name: Approved Date: Aug 09 Version NOT PROTECTIVELY MARKED 16

17 Procedure Freedom of Information Freedom of Information The Freedom of Information Act 2000 requires that all public authorities develop and maintain a publication scheme. Cheshire has adopted the ACPO publication scheme model. This requires that force policies and procedures are routinely made available to the public on the force website. Approved by Procedure Author (please complete one of the following statements) This document is considered by the Author to be suitable for publication Name: Joanne C Jones Date: August 09 Approved by Freedom of Information Officer I confirm that this procedure is compliant with the Freedom of Information Act Name: No response Date: Procedure Management of Police Information Management of Police Information (MoPI) The "Management of Police Information" (MoPI) Guidance follows the publication in July 2005 of a Code of Practice on the management of police information developed by the Home Secretary under the Police Act This Statutory Code was part of the government's response to the recommendations of the Bichard Inquiry into the circumstances surrounding the tragic murders in Soham and was designed to provide a common national framework for the management of police information, highlighting the importance of common standards in high risk areas of activity. The Force has a duty to be MoPI compliant in all business areas by 2010 and will be subject to HMIC inspection thereafter. To support this, the procedure has been developed in accordance with the Force Information Management Strategy, MOPI Guidance and Codes of Practice. Further information is available on the Force Information Centre by clicking the above links. Does the procedure deal with the collecting, recording, evaluating, sharing, retaining or disposal of police information? If so, does it contain documented guidance covering roles and responsibilities? This procedure doesn t cover police information but will relate to personal information which is covered by Data Protection through NSPIS. I confirm that this procedure is compliant with the Management of Police Information Guidance 2006 Approved by MoPI Officer Name: No response Date: Version NOT PROTECTIVELY MARKED 17

18 Procedure Force Solicitor s Office Vetting Force Solicitor s Office Procedure Vetting I am also satisfied that this procedure does not disadvantage the Force or place it in a position of legal vulnerability. I have reviewed this procedure and can confirm that in my opinion all engagement of articles from Human Rights Act are lawful, proportionate and necessary. Approved by the Force Solicitor s Office Name: Approved Date: Aug 09 Procedure - Risk Management Risk Management Does the procedure have any impact on organisational risk? Organisational risk includes anything that has the potential to impact upon the Constabulary s assets, earnings, reputation, performance or personnel. An example of this could be where the Constabulary decides not to adopt national guidance in the application of its procedure. Implementation of this procedure reduces the chances of operational risk by ensuring that staff are allowed to continue working and take advantage of opportunities to reduce hours or job scales Procedure Values Check Values Checklist The force has developed a set of core values which should be reflected in all our policies and procedures so the values can be systematically embedded in our daily tasks and processes. A Values Checklist has been developed to assist staff who are writing a new or updating an old procedure to provoke ideas that may not have been previously considered. Approved by Procedure Author I confirm that this procedure is compliant with the Force Values Name: Joanne Jones Date: Aug 09 Procedure Promotion and Distribution Promotion and Distribution How will staff be made aware of the procedure? Through a weekly orders entry and publication on the force information centre. Version NOT PROTECTIVELY MARKED 18

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