Police Officer Restricted Duties Policy and Procedure

Transcription

1 Police Officer Restricted Duties Policy and Procedure Reference No. P10:2011 Implementation date Version Number 1.2 Reference No: Name. Linked documents P27:2003 Health and Wellbeing Procedure Policy Section Procedure Section Suitable for Publication Yes Yes Protective Marking Not Protectively Marked PRINTED VERSIONS SHOULD NOT BE RELIED UPON. THE MOST UP TO DATE VERSION CAN BE FOUND ON THE FORCE INTRANET POLICIES SITE. Police Officers Restricted Duties Policy and Procedure P v1.2

2 Table of Contents 1 Policy Section Statement of Intent Aim and Rationale Our Visions and Values People, Confidence and Equality Standards Legal Basis People, Confidence and Equality Impact Assessment Monitoring / Feedback Procedure Section Introduction Consideration Of Reasonable Adjustments To Enable Officers To Carry Out All Aspects Of Their Existing Role Redeployment To Existing Or Impending Officer Vacancy Of The Same Rank Which Offers A Protected Status Redeployment To Occupied Officer Role Of The Same Rank Which Offers A Protected Status Redeployment To Vacant Police Staff Post On Officer Terms And Conditions Retention In A Police Officer Role On A Restricted Basis Future Redeployment Appeals Roles and Responsibilities Consultation and Authorisation Consultation Authorisation of this version Version Control Review Version History Related Forms Document History Appendix A - Allocation and Review of Restricted Officers Process Appendix B - Allocation and Review of Restricted Officers Process Redeployment to occupied Police Appendix C Police Officers Restricted Duties Policy and Procedure P v1.2

3 1 Policy Section 1.1 Statement of Intent Aim and Rationale It is the aim of Dorset Police to retain officers where possible, in the most suitable role and with clear career development opportunities Police Negotiating Board (PNB) Circular 10/4 highlights that the police service should not lose the skills and experience of officers who are still able to make a valuable contribution and, that officers should not be retired on medical grounds unless it is necessary It is the aim of Dorset Police to allocate police officers who cannot carry out all aspects of their full allocated role due to a medical restriction(s) across the Force area When considering individual cases Dorset Police will take into account the need to provide an appropriate 24/7 service to the public and be able to respond to public order events, including regional and national mutual aid, as well as large-scale incidents. 1.2 Our Visions and Values Dorset Police is committed to the principles of One Team, One Vision A Safer Dorset for You Our strategic priority is to achieve two clear objectives: To Make Dorset Safer To Make Dorset Feel Safer In doing this we will act in accordance with our values of: Integrity Professionalism Fairness and Respect National Decision Model The National Decision Model (NDM) is the primary decision-making model used in Dorset Police. The NDM is inherently flexible and is applied to the development and review of all policy, procedure, strategy, project, plan or guidance. Understanding, using and measuring the NDM ensures that we are able to make ethical (see Code of Ethics), proportionate and defensible decisions in relation to policy, procedure, strategy, project, plan or guidance. Code of Ethics The Code of Ethics underpins every day policy, procedures, decision and action in policing today. The Code of Ethics is an everyday business consideration. This document has been developed with the Code of Ethics at the heart ensuring consideration of the 9 Policing principles and the 10 standards of professional Police Officers Restricted Duties Policy and Procedure P v1.2

4 behaviour. Monitoring is carried out through the Equality Impact Assessment process which has been designed to specifically include the Code of Ethics. 1.3 People, Confidence and Equality This document seeks to achieve the priority to make Dorset feel safer by securing trust and confidence. Research identifies that this is achieved through delivering services which: 1. Address individual needs and expectations 2. Improve perceptions of order and community cohesion 3. Focus on community priorities 4. Demonstrate professionalism 5. Express Force values 6. Instil confidence in staff This document also recognises that some people will be part of many communities defined by different characteristics. It is probable that all people share common needs and expectations whilst at the same time everyone is different. Comprehensive consultation and surveying has identified a common need and expectation for communities in Dorset to be: Listened to Kept informed Protected, and Supported 2 Standards 2.1 Legal Basis The main legal basis is the Equality Act It is recognised that some officers on restricted duties may not necessarily be disabled under the Act and similarly disabled officers may be able to perform an operational role with the provision of reasonable adjustments. The consistent application of this procedure will greatly reduce the risk of unlawful disability discrimination claims being brought against the Force. The Act defines disability where a person has a:- Physical or mental impairment and the impairment has a substantial and longterm adverse affect on the individual s ability to carry out normal day to day activities Reasonable adjustments may include adjustments to the current work environment, responsibilities or even redeployment. Emphasis must be placed on what the person can do rather than what they cannot do. Dorset Police will support the safe Police Officers Restricted Duties Policy and Procedure P v1.2

5 redeployment of officers to meaningful roles, where necessary, if their allocated role does not support a restriction/adjustment This procedure has also been designed with due consideration of:- Force Health and Wellbeing Procedures (P27:2003); Selection and Posting of Police Office Policy (P30:2005); Police Officer Postings Procedure (P34:2008); Police (Performance) Regulations 2008; Home Office Guidance; Disability in the Police Service; National Policing Improvement Agency guidelines; PNB circular 10/4 Improving the Management of Ill Health. 2.2 People, Confidence and Equality Impact Assessment During the creation of this document, this business area is subject to an assessment process entitled People, Confidence and Equality Impact Assessment (EIA). Its aim is to establish the impact of the business area on all people and to also ensure that it complies with the requirements imposed by a range of legislation. 2.3 Monitoring / Feedback The HR Specialist Officer, Wellbeing and Engagement will be responsible for overseeing this procedure to ensure a consistent Force approach is maintained. Monitoring will be carried out by the monthly Police Officer Postings Group, reporting to the Strategic People Board, and through the quarterly Human Resources performance cycle. Feedback relating to this procedure can be made in writing or by to: Address: HR Specialist (Wellbeing and Engagement), Dorset Police, Winfrith, Dorset, DT2 8DZ Lynn.tong@dorset.pnn.police.uk Telephone: Police Officers Restricted Duties Policy and Procedure P v1.2

6 3 Procedure Section 3.1 Introduction Whilst it is recognised that Police Officers are covered by the Equality Act policing is largely unique in that officers are considered omni-competent. This has important consequences for policing as it enables Chief Constables to post officers at any time and to any role, thus ensuring operational flexibility and resilience. In recognising that officers with a medical condition may still be able to perform all aspects of their current allocated role, the Force still needs to differentiate between those who remain omni-competent and those who either on a temporary or permanent basis will have restrictions on the type of role or nature of duties they can undertake. To ensure total clarity in this regard the Force will apply the following definitions to those who are not currently able to operate in an omni-competent environment:- Recuperative can be agreed for three months at any one time where the officer is unable to perform all aspects of their allocated role but where a return to full operational duties is anticipated within a maximum of 12 months; Protected can perform their allocated role in full, but on the basis of current medical factors are no longer considered fit for full operational duties; Restricted are no longer considered fit for full operational duties and cannot perform all aspects of the role they have been allocated to Examples of these definitions may include but not be limited to:- Recuperative an officer has an operation, returns to work post surgery and is expected to make a full recovery within 2 months OR the same officer requires further minor corrective surgery/intensive physiotherapy but makes a full return to full operational duties after 5 months; Protected an officer has a recognised medical condition that prevents them from carrying out physical restraint, but they are currently in a role where they are able to perform the full range of responsibilities including shifts; Restricted an officer has a recognised medical condition that prevents them from undertaking full 24/7 shifts which is a role requirement Whilst recognising the need to maintain maximum possible operational effectiveness the Force will seek to minimise the number of restricted officers by making appropriate use of adjustments and/or postings to accommodate individual medical conditions, particularly those related to disability, to ensure that such individuals are allocated to a role that can be considered as protected New or temporary police roles should not ordinarily be created to accommodate an officer. Only in exceptional circumstances may an officer be redeployed on a supernumerary basis. All such moves must be approved by the Police Officer Postings Group and have full regards to budgetary implications Officers undertaking restricted or protected duties will be subject of regular reviews to reassess current adjustments, fitness levels and suitability for a return to full operational duties. These reviews will be arranged through the officer s line manager. Further advice is detailed under section 5. Police Officers Restricted Duties Policy and Procedure P v1.2

7 3.1.6 The following considerations will take place in the priority order shown unless otherwise agreed with the Personnel Manager, Business Support:- Consideration of reasonable adjustments to enable the officer to carry out all aspects of their existing role; Redeployment to existing or impending officer vacancy of the same rank which offers a protected status; Redeployment to occupied officer role of the same rank which offers a protected status; Redeployment to vacant police staff role on officer terms and conditions; Retention in a police officer role on a restricted basis Appendix A sets out the outline process for considering the allocation and review of restricted/protected officers This procedure will be used alongside the Police (Performance) Regulations This procedure does not override the Chief Constables executive right to post any officer on the grounds of organisational effectiveness and efficiency. 3.2 Consideration of Reasonable Adjustments to Enable Officers To Carry Out All Aspects Of Their Existing Role Where Occupational Health recommends that an officer may no longer be considered fit for full operational duties the first consideration will be to explore reasonable adjustments for retention in their current role. These could include but not be limited to:- A restriction to the number of hours an officer can work; A change to part-time working; Greater flexibility with start times e.g. where an officer has a physical/mental impairment which affects them more in the morning or evening; Allowing additional time for written work e.g. statement taking; Specialist chairs or equipment for officers with diagnosed physical conditions; Listening devices for officers with hearing impairments; The removal of certain work/reallocation to other colleagues; Extra leave during working hours for rehabilitation, assessment and treatment. NB specialist advice is available from the relevant Human Resources Business Support Team (Personnel Services) The Force Medical Officer (FMO) will be required to complete a Functional Capability Assessment form (FCA see Appendix C) which will, using the role profile, be used to identify and manage any restrictions through the creation of an individual risk assessment The FMO will liaise with the officer s GP/Specialist(s) and advise if the officer is:- Capable of operating as a fully operational officer without adjustment(s); Police Officers Restricted Duties Policy and Procedure P v1.2

8 Capable of operating as a fully operational officer with adjustment(s); Capable of providing regular and reliable attendance in a protected/restricted role detailing the aspects of operational policing that they are unable to undertake; To be viewed as permanently disabled in terms of the police pension regulations and should be formally considered for medical retirement The Selected Medical Practitioner (SMP) report will replace the FCA for those cases where management or the officer decide that the matter should be dealt with utilising the full H1/ill health management process The FCA (or SMP report) will be held electronically and shared with line management for the purposes of day-to-day management of the individual Reviews, which will be coordinated by the Business Support Team (Personnel Services), will normally take place every 12 months unless there is a proposal to significantly change the job role or post an officer. In such cases it is likely that a fresh FMO assessment will be required The line manager will have specific responsibility for discussing the review requirement and managing any medical outcomes from the FCA (or SMP report) and individual risk assessment with the officer. Reviews will normally take place alongside the annual performance review process (e-ppp). FMO referrals will normally only be necessary where there has been a significant worsening in the officer s condition (please see Part B of the FCA form). Where this applies to an officer covered by the full H1/ill health management process consideration may be given to a formal review by the SMP The officer should be provided with a copy of the full procedure, as well as any related Occupational Health documents, to ensure there is total clarity as to how the review process operates Redeployment to existing or impending officer vacancy of the same rank which offers a protected status 3.3 Redeployment to Existing or Impending Officer Vacancy of The Same Rank Which Offers A Protected Status Qualifying officers will receive priority for existing or impending vacancies where they are not already in a post which is suitable and/or has already been adjusted. Otherwise, normal selection rules will apply The officer will be required to evidence how they meet the relevant criteria for the post in discussion with the Inspector, Leadership Unit, LDU. This will normally be through the use of e-ppp evidence, an assessment of skills/experience etc. A competitive interview will not normally be necessary unless more than one officer applies. Appropriate consideration should be given to possible training needs, adjustments etc. Police Officers Restricted Duties Policy and Procedure P v1.2

9 3.3.3 If an officer successfully secures a new post this way the FMO will be consulted to establish if the officer is fit for the proposed role against the role profile and issue upto-date advice on restrictions/adjustments. Where relevant, officers will be offered the post on a trial period The purpose of the trial is to allow time for both the officer and management to determine suitability through practical day-to-day experience in the role. The trial period will normally be up to 3 months although this can be extended i.e. for specific training purposes. During the trial the officer will be temporarily posted to the role and their previous role will normally remain vacant Regular reviews between the new line manager and officer should take place, normally at weekly intervals but depending on the length of the trial, to address any potential issues and for both sides to discuss how the trial is working. If the trial is successful the officer will be transferred via a posting notice in Force General Orders. If the trial is unsuccessful consideration will be given to other suitable vacant posts Successful officers will, subject to organisational priorities, normally be released within 28 days of the selection process being finalised to ensure ongoing restrictions are managed in a timely manner. Where agreement cannot be reached appropriate reference will be made to the Police Officer Posting Procedure (P34:2008) Officers returning to front-line policing duties will be provided with specific support through the Professional Development Unit (please click here). This may include the creation of a training needs analysis and supportive developmental plan. 3.4 Redeployment to Occupied Officer Role of The Same Rank Which Offers A Protected Status Due to the potential sensitivities associated with this option all cases will need to be carefully considered and managed. Therefore, it will be necessary to follow a strict 5 step procedure in all cases. Appendix B outlines this element of the process STEP 1 The current line manager will meet with the restricted officer to identify specific preferred roles and assess current skills/knowledge gaps STEP 2 The Inspector, Leadership Unit, OD will undertake an assessment of the individuals preferences, their existing skills set and restrictions, prior to determining which current occupied role is to be freed up for the restricted officer. There is no guarantee that the restricted officer will be posted to any of their preferred roles STEP 3 The current line manager will then liaise with the relevant Human Resources Business Support Team (Personnel Services) to identify how the move can be facilitated so that wherever possible the most practical and least disruptive move is achieved. This assessment will consider the circumstances of the officer being replaced STEP 4 Once identified a suitable representative from the receiving Command Area will meet with officer selected for posting to make the vacancy and discuss their move. The officer will be permitted to appeal their posting in the normal way utilising the separate posting appeals procedure. Police Officers Restricted Duties Policy and Procedure P v1.2

10 3.4.6 STEP 5 - In cases where the receiving Command Team object to the appointment of the restricted officer, the matter will be decided by the Head of Organisational Development who will be responsible for liaising with the HR Specialist (Absence Management) to ensure that all relevant legal and medical considerations have been appropriately considered. 3.5 Redeployment to Vacant Police Staff Post On Officer Terms And Conditions An officer may be posted to a vacant police staff post on officer terms and conditions but normally only after all police officer opportunities have been considered. Such moves will generally be for a fixed period only, not exceeding 3 months, unless the post is of similar financial value to the officer s police salary where an extended appointment would be considered as a further reasonable adjustment. Extended appointments will only take place after due consideration of projected ill-health retirement costs, disability issues etc with the Force Diversity lead. 3.6 Retention in a Police Officer Role on a Restricted Basis Decisions to retain officers on a restricted basis will be considered on a case by case basis with due regards to causation, medical factors, role availability/suitability and local policing needs. Restricted officers will also be subject of regular annual reviews. 3.7 Future Redeployment An officer redeployed utilising this policy does not have a permanent right to any role to which they are appointed. The Chief Constable will at all times retain the right to post an officer as they see fit. 3.8 Appeals An officer has a right of appeal against a posting on the following grounds:- A procedural error or abuse of process has occurred; A perverse decision has been made; Medical reasons or exceptional welfare circumstances Appeals will be considered using the Selection and Posting of Police Officers policy (P ). Appeals should be made within 14 working days on form A139C Posting Memorandum Notice and Appeal stating the exact grounds on which it is based. Appeals will not be considered for any other reasons, in any other format or after this period other than in exceptional circumstances. Due regard will be given to any sequential moves and possible related appeals before a final decision is reached. Police Officers Restricted Duties Policy and Procedure P v1.2

11 3.9 Roles and Responsibilities Not Protectively Marked Individuals are responsible for sharing any health concerns with their line manager which may be affecting their ability to carry out normal day-to-day activities. Individuals also have a responsibility to cooperate with the Force in identifying possible reasonable adjustments and maintaining an appropriate level of fitness and attendance Line Managers are responsible for supporting officers in managing their restrictions through the active consideration and review of reasonable adjustments, where appropriate the identification of suitable alternative roles as well as their general safe deployment including short notice large-scale incidents. Line managers are also responsible for taking an active involvement in supporting an attendance culture Inspector, Leadership Unit, OD is responsible for supporting restricted officers with redeployment, particularly to vacant police officer roles, and where necessary also the initial assessment of occupied police officer roles Senior Human Resource Business Partners are primarily responsible for the coordination of annual reviews, liaison with Occupational Health and the Police Officer Postings Group to balance both the Force s legal obligations to officers and its need to maintain operational resilience Occupational Health is responsible for providing up-to-date and specialist medical advice. In particular, this will include liaising with GP/Specialists, the completion and review of the FCA and the provision of regulatory specialist advice on reasonable adjustments and ill health retirement. Police Officers Restricted Duties Policy and Procedure P v1.2

12 4 Consultation and Authorisation 4.1 Consultation Version No: Name Rank/Role Date Police & Crime Commissioner Police Federation Superintendents Association UNISON Other Relevant Partners (if applicable) 4.2 Authorisation of this version Version No: 1.2 Name Signature Date Prepared: Mrs L Tong 3/2/15 Quality assured: Authorised: Mr P Channon Pete Channon 9/2/15 Approved: 5 Version Control 5.1 Review Date of next scheduled review Date: 9 th February 2016 Police Officers Restricted Duties Policy and Procedure P v1.2

13 5.2 Version History Version Date Reason for Change Created / Amended by 1.0 June 2011 Initial Document Mr I Coombs /11/14 The policy has been reviewed in Policy Co-ordinator (6362) preparation for NICHE implementation (April 2015), no changes necessary 1.2 5/2/15 Fit for Purpose review, amendments made to post titles and departments Mrs L Tong 5.3 Related Forms Force Ref. No. Title / Name Version No. Review Date 5.4 Document History Present Portfolio Holder Present Document Owner Present Owning Department Director of Human Resources Mr P Channon Personnel Services Details only required for version 1.0 and any major amendment ie 2.0 or 3.0: Name of Board: Date Approved: Chief Officer Approving: Template version January 3013 Police Officers Restricted Duties Policy and Procedure P v1.2

14 Appendix A - Allocation and Review of Restricted Officers Process NB this procedure does not override Chief Officer s executive right to post any officer on the grounds of organisational effectiveness and efficiency Officer no longer considered fit for full operational duties due to medical factor(s) Consideration of reasonable adjustments to enable officer to carry out all aspects of their existing role Force Medical (FMO) completes Functional Capability Assessment (FCA) to include advice on fitness/reasonable adjustments Line Manager meets with officer, discusses FCA outcomes and completes individual risk assessment FMO advice on restrictions/adjustments cannot be accommodated; officer status now restricted Re-deployment to existing/impending officer vacancy (same rank) which offers a protected status Process to be overseen by Inspector, Leadership Unit, LDU. Consideration of training needs, trial in post etc No suitable alternative role available See separate flowchart Re-deployment to occupied officer role (same rank) which offers a protected status No suitable vacancies available through normal turnover/ succession planning etc FMO to review FCA on annual basis to assess current adjustments, fitness levels and suitability for possible operational re-deployment Re-deployment to vacant police staff post on officer terms and conditions Temp/supernumerary until police role that supports restricted duties/adjustment is available Only restricted applicant Trial period (up to 3 months) to determine suitability in role Trial unsuccessful consider re-deployment to existing vacancy etc Two or more qualifying officers apply for same vacancy Competitive Interview If successful FMO to review, officer to be released within 28 days FMO to review FCA on annual basis to reassess current adjustments, fitness levels and suitability for possible operational re-deployment Police Officers Restricted Duties Policy and Procedure P v1.2

15 Appendix B - Allocation and Review of Restricted Officers Process Redeployment to occupied Police Officer role Unable to remain in current role; no suitable vacancies through normal turnover/succession planning STEP 1 Line manager to meet with restricted officer to identify specific preferred roles/assess current skills/knowledge gap STEP 2 Inspector, Leadership Unit, LDU to undertake assessment of individual preference, etc and determine current occupied role to be freed up STEP 3 LM to liaise with relevant HR Business Support Team to identify most suitable officer based upon local knowledge etc Officer completes form A139C Posting Memorandum Notice and Appeal YES Pass to Head of Director of Human Resources. Review by DCC. Decision not upheld; go to Step 3. STEP 4 Once agreed relevant Command Area to discuss posting, any skills/knowledge gaps and right of appeal with selected officer Officer wishes to appeal Decision upheld STEP 5 Arrange posting notice NO Police Officers Restricted Duties Policy and Procedure P v1.2

16 Appendix C Occupational Health Restricted Duties Functional Capability Assessment Name of Officer Collar No Division/Department Date of Birth Date joined service Date last performed full operational role PART A - Fitness Summary (To be completed by the Force Medical Officer in discussion with officer) This assessment will form the basis of an individual risk assessment to ensure that the officer s health is protected as far as reasonably possible whilst enabling them to contribute effectively to discharging Force priorities and maintaining operational effectiveness. Capable of operating as a fully operational officer without adjustment(s) Capable of operating as a fully operational officer with adjustment(s) Capable of providing regular and reliable attendance in a protected/restricted role To be viewed as permanently disabled in terms of Police Pension Regulations Fit Unfit Advice on Functional Capability (in discussion with officer) Type of duty Fit Not Fit Suggested adjustments/comments (use continuation sheet if necessary) Generic Activities Make decisions Evaluate information Report situation to others Record details / information Able to understand, retain and explain facts and procedures Read Write Use telephone Use IT, keyboard and mouse Sit for reasonable* periods Stand for reasonable* periods Walk for reasonable * periods Run at least short distances Working Hours Early shifts Late shifts Night shifts Days

17 Suitable for 8 to 10 hr shifts Any other advice on working hours i.e. recommended earliest and latest shifts Uniform and Personal Protective Equipment Can wear full uniform Can wear body armour Can wear equipment belt/vest Can wear ear piece/head phones Manual Handling (Physically restrain/search/arrest **) Usual manual handling in an office environment Other Activities Attend court Attend internal/public meetings Attend disciplinary/performance/attendance meetings etc (or appoint representative) Administer first aid Work at heights (more than 1 metre) Driving Vehicles Drive manual/automatic Drive response mode Drive non response mode Drive unmarked car Drive own vehicle to and from work Take control of RTA/collisions/direct traffic Personal Safety Training (PST) Fit for full PST Unfit for PST * Reasonable: Consistent with core operational duties ** Including duties with a realistic risk of physical confrontation Summary of key adjustments/additional recommendations Signed:..... (Force Medical Officer) Date:.. Name: Title: (Force Medical Officer) CC: Officer Line Manager File Date of next review appointment (normally linked to annual performance review) * Supplementary report attached/to follow Yes/No * delete as appropriate Line Manager s Assessment (in discussion with officer) Police Officers Restricted Duties Policy and Procedure P v1.2

18 Brief details of current/proposed role considering the advice on functional capabilities:- (attach role profile) Skills/knowledge gap; training needs etc relevant to role:- Personal safety/manual handling training required? If Yes please provide brief details:- Key hazards and control measures from individual risk assessment:- (copy of full risk assessment attached) Signed:..... Date:.. Individual Declaration I confirm that I understand the functional capability assessment and have discussed the current/proposed role and individual risk assessment with my line manager. Comments (use continuation sheet if necessary):- Signed:..... Date:.. Human Resources Business Support Team Comments (use continuation sheet if necessary):- Copy placed on Officer s Personal File and Central Restricted Officer Directory Yes/No (*) Signed:..... Date:.. PART B - Annual Line Manager Review of Capabilities/Risk Assessment (in discussion with officer) You must highlight any concerns that may require a formal review by Occupational Health e.g. significant Police Officers Restricted Duties Policy and Procedure P v1.2

19 change for the worse in the officer s condition, lower related performance in role etc. Where the officer has been through the full H1/ill health management process consideration may be given to a formal review by the SMP. Comments (use continuation sheet if necessary). Signed:..... Date:.. Individual Declaration I confirm that I understand the annual review process and have discussed all relevant issues, including any relevant health concerns, with my line manager. Comments (use continuation sheet if necessary):- Signed:..... Date:.. Human Resources Business Support Team Comments (use continuation sheet if necessary):- Occupational Health Review Yes/No (*) Officer/Line Manager updated Yes/No (*) Copy placed on Officer s Personal File and Central Restricted Officer Directory Yes/No (*) Signed:..... Date:.. Police Officers Restricted Duties Policy and Procedure P v1.2