Derbyshire Constabulary STUDENT POLICE OFFICER PROFESSIONAL COMPETENCE POLICY POLICY REFERENCE 06/132 This policy is suitable for Public Disclosure Owner of Doc: Head of Department, Human Resources Date Approved: November 2006 Review Date: March 2018 1
INDEX Section Heading Page No. 1 Policy Identification Page 3 2 Legislative Compliance 4 3 Introduction 4 4 Policy Statement 4 5 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 Procedures Early Identification of Problem Areas 5.1.1 Attendance Classroom Phase Tutor Phase on Division Independent Patrol Phase on Division Performance Evidence Development Plan 5.6.1 Reviews Case Conference Process 5.7.1 Classroom Phase 5.7.2 Tutor/Independent Phase 5.7.3 Case Conference Process Extension of Probation Regulation 12 Options at the Case Conference Standards of behaviour/integrity Dismissal Salary Increment Confirmation of Appointment 5-12 5 6 7 7 8 9 9 9 9 11 11 12 12 12 12 6 Monitoring and Review 12 7 Appeals 12 Appendix A Tutor Phase Flow 2
1. Policy Identification Page Policy title: Student Police Officer Professional Competence Policy Registry Reference number: 06/132 Policy implementation date: November 2006 Policy review date: March 2018 Department / Division responsible: Policy owner: Human Resources Head of Department Last reviewed by: Stephanie Watts Date last reviewed: July 2017 Impacts on other policies / guidance / documents (list): Regulation 12 Extension to Probation. Regulation 13 of Police Regulations could be invoked on the exhaustion of the procedures contained within this policy. Attendance Management Policy Unsatisfactory Attendance Procedure Equality Act 2010 Disclosable under FOI Act: YES Policy to be published on Intranet YES Policy to be published on Force Website YES 3
2. Legislative Compliance This document has been drafted to comply with the principles of the Human Rights Act. Proportionality has been identified as the key to Human Rights compliance, this means striking a fair balance between the rights of the individual and those of the rest of the community. There must be a reasonable relationship between the aim to be achieved and the means used. Equality and Diversity issues have also been considered to ensure compliance with the Equality Act 2010 and to meet our legal obligation in relation to the equality duty. In addition, Data Protection, Freedom of Information and Health and Safety Issues have been considered. Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation and internal policies. 3. Introduction Student Officers are on probation for the first two years of their service. During this time, they are required to demonstrate satisfactory performance across a range of competencies in order to be confirmed in their appointment. The purpose of this policy is to set out guidelines for working constructively with student officers to assist them in achieving the standard of attendance and or performance required to allow them to complete the relevant qualification and to be confirmed in appointment Throughout the two year programme, the underlying philosophy of this policy and procedure is about giving timely feedback and support to Student Officers to afford them every opportunity to meet the required standards. The Student Police Officer Professional Competence Policy reflects the requirements of the IPLDP. 4. Policy Statement The policy applies to student officers and is intended to outline the formal processes to be followed in cases where satisfactory attendance and/or performance is not achieved and for the applications where appropriate of Regulations 12 (extension of probation) and 13 (Discharge of Probationer). It is the policy of Derbyshire Constabulary to provide support and assistance and the early identification of areas of concern, to those Student Officers who have developed difficulties in terms of their professional competence. This policy aims to address any potential Student Officer s unsatisfactory performance during their two year training period. Any under-performance should result in the formulation of a Performance Improvement Plan (PIP). A Performance Improvement Plan should set out clearly the area(s) of improvement, what actions are necessary to reach satisfactory performance with a realistic review date. PIPs should include any supportive measures to assist a satisfactory conclusion. As confirmation in the rank of constable is normally considered before the completion of two years service, it is imperative that unreasonable delays are avoided when considering an 4
officer s position under the Equality Act 2010 and deciding on reasonable adjustments, both for the sake of the officer and the Constabulary. Consequently, as soon as a Student Officer is identified as having a disability the HR Advisor will be informed. The role of the HR Advisor will be to convene an early Strategy Meeting and advise upon the Constabulary s responsibility under the Equality Act. The Strategy Meeting will consider whether any reasonable adjustments are necessary. Where reasonable adjustments are proposed, they should contain a review date in order that their effectiveness can be assessed at a further strategy meeting. It may be that adjustments are effective, or, need further fine tuning. Conversely, it could be that the adjustments have not resolved the issue of underperformance in which situation the whole case will need to be reviewed. When considering the possible discharge of a Student Officer reasonable adjustments and their effectiveness will be taken into account. For more information refer to the Guidance for Managers and Staff on the duty to make reasonable adjustments which can be found on the Polices page of the intranet. 5. Procedures In the event that the Student Police Officer Professional Competence Policy is initiated the Student Officer will be formally informed of what the procedure fully entails. They will be informed as to the dates of meetings, the agenda of such meetings, and where appropriate, be free to put their view across. In addition the Student Officer will be entitled to support by their Federation Representative. While every effort will be made by the organisation to provide developmental support for the Student Officer, the implementation of this procedure may in certain cases necessitate the invoking of Regulation 13 Police Regulations 2003 with the potential dismissal of the officer concerned. Application of this regulation is possible at the Classroom, Tutor Stage and Independent Patrol phases of this procedure. 5.1 Early Identification of Problem Areas It is the responsibility of all officers/staff involved in the training and supervision of a student officer to identify concerns about the officer s progress, development or performance, including attendance as early as possible, and then to support the individual to reach the required standard within their prescribed probationary period which may, in some circumstances, be extended. When under-performance or attendance issues have been identified the following procedures should be followed. If considered necessary, the matter can be progressed at any time directly to a Regulation 13 case conference. Prior to the initiation of formal proceedings the class trainer or line manager relevant to the phase will investigate the circumstances surrounding the Student Officer s under performance. If any form of discrimination, victimisation or harassment is discovered then this procedure will be suspended pending a satisfactory resolution of the problem using existing force procedures. 5
5.1.1. Attendance Formal unsatisfactory attendance procedures are usually triggered where the ability of the individual to perform their duties effectively is compromised by either intermittent absences or by long term or protracted absence. This framework enables a manager to apply discretion with regard to an individual s absence. For example, it is entirely reasonable to consider an individual s previous history of absence or individual circumstances before implementing formal procedures. Historical Intermittent Periods of Absence This is where a pattern of intermittent absence, which could be long or short term in nature, give rise to concern about an individual s reliability or ability to attend work regularly. Example of this may include: - Regular periods of uncertified/certified absence. Repeated pattern of absence e.g. after a period of annual leave or certain times of the year. Absences which tend to be towards the end or beginning of a shift cycle. Absence which coincides with specific work events. This pattern might not necessarily be over a 12 month period. A pattern could be identified over a longer period of time. Current Long Term Absence This is where a live or current period of long term absence gives rise to concern about an individual s ability to return to work. Where a period of absence reaches around 8 to 10 weeks duration, supportive action should have taken place and a return to work plan or proactive action plan should be in place following discussion with the individual. It is important for us to ensure that the right help and support is available to ease the transition back to the individual s normal working hours. 5.2 Classroom Phase During the classroom phase the Course Trainer will ensure that each Student Officer is assessed throughout the programme using the following methods of assessment:- General observation(s) Scenario-based assessments Examinations including knowledge checks Should the Student Officer s performance raise concerns to the course team it will be necessary to notify the relevant HR Advisor in order to arrange a Strategy Meeting. This will normally be held within 7 days of the notification being received. This meeting will be chaired by the relevant HR Advisor. A suitable development plan will be formulated; the length of this plan can be flexible but in all cases should not exceed 30 working days. The Course Trainer will be responsible for the plan s implementation. 6
The Line Manager will be responsible for liaison with (where required) the Occupational Health Department. They will advise the Student Officer about the availability of support. (This could include where relevant, Police Federation and any of the Staff Networks). The Student Officer will be formally informed in writing by the HR Advisor that there are concerns about their performance and that the application of Regulation 13 may be considered if their performance does not meet the required standard at the conclusion of the development plan. The Student Officer has the right to be accompanied by their Federation Representative. Any further development plan will be formulated by the Course Trainer along with the HR Advisor and will normally take no longer than 15 working days. Where a Student Officer does not meet the required standard at the conclusion of the development plan the Course Trainer will inform the HR Advisor who will convene a Case Conference to consider the possible implementation of Regulation 13, or, a further development plan. 5.3 Tutor Phase on Division Each Cohort will be split between a Local Policing Unit (LPU) and a Response Team. During this period there is a requirement for supervised patrol with a Tutor Constable, where Student Officers must demonstrate they are able to complete a range of Policing activities that are safe and lawful without the need for immediate direct supervision, and demonstrate behaviour/knowledge appropriate to the role. Successful completion at this stage will lead to independent patrol. The Student Officer will have to competently perform 100% of the tasks described in the PACs by the end of the Tutor Phase in order to achieve independent patrol. The Tutor Constable and Section Line Manager will continually assess the Student Officer s progress throughout the tutoring period. During this phase the Student Officer s line manager will chair a mid or 7 weeks review at which point officers will transfer between a LPU and a Response Team in order to gain the necessary experience to complete their portfolio of evidence. This will involve a change in supervision and tutor constable. At 14 weeks a further review will be undertaken to determine if the officer is competent to be signed off for independent patrol. In preparation for both these meetings, the student will have completed a Learning Development Self Review (LDSR) and the tutor will submit an up to date Police Action Checklist (PAC) document for each meeting. The Line Manager will submit a progress report to the HR Policy & Wellbeing Team with any recommendations. This report will be filed in the Student Officer s personnel record. Depending what is appropriate this could be a simple e-mail or a more detailed report (See flowchart at Appendix A). Performance evidence will be collected from general observation, witness testimony, and progress in completing the PACs. Evidence will also be collected on the officer s performance against the Police Constable Role profile and progress towards National Occupational Standards. This evidence will be assessed and verified to comply with the relevant qualification criteria. However, prior to the Strategy Meeting this phase can be extended for a maximum of two weeks, authorised by the Line Manager. 7
If at this stage a Student Officer s performance is considered to be unsatisfactory the Tutor Constable will ask the Student Officer s Line Manager to call a Strategy Meeting to discuss the Tutor Constable s concerns. What constitutes unsatisfactory performance will be based upon an assessment made by the Student Officer s Tutor Assessor Constable. This will examine progress in terms of the PPF Behaviours, the PAC list and appropriate National Occupational Standards. This assessment will be validated by the Line Manager before taking this course of action. The Strategy meeting will consist of the Student Officer s Line Manager, who will chair the meeting, together with the Tutor Constable and an HR Advisor. The purpose of the meeting is to discuss and formulate a development action plan. Should the need arise the Student Officer s line manager will be responsible for liaison with the EMCHRS Occupational Health Unit and Equality Advisor and will also advise the Student Officer of the support available for them. (This could include Staff Networks, Police Federation and any of the diverse staff associations). The Student Officer will be informed both verbally and in writing by the HR Advisor that there are concerns about their performance and that Regulation 13 may be considered if their performance does not meet the required standard at the conclusion of the development plan. The Student Officer has the right to be accompanied by their Federation Representative at any subsequent meetings. If, in the opinion of the line manager, the Student Officer has not met the required standard at the conclusion of the period of the development plan then the line manager will ask the HR Advisor to convene a Case Conference to consider Regulation 13 or a further development plan. 5.4 Independent Patrol Phase on Division The Line Manager, Section Inspector and Assessing Constable will assume responsibility for assessing the student officer s performance during the independent patrol period. The assessment will be completed against the National Occupational Standards, incorporating the relevant qualification (assessed by an Assessing Constable) and the Police Constable Role Profile. On reaching the 12 th month of their probation the Student Officer will be expected to be achieving commensurate performance against the Police Constable Role Profile and have positive supporting evidence towards the National Occupational Standards. By the end of the 18th month they should be achieving commensurate performance against the student officer role profile, have achieved 50% of the National Occupational Standards and have significant supporting evidence towards all of the remaining standards. During the Independent Patrol phase, there are a maximum of 30 protected learning days available in order to assist the student officer s development towards completing the relevant qualification in policing and achieving operational effectiveness. This is a national requirement and could include: Attachments to sections or policing teams with specific objectives. 8
Time between LPU s and Response Additional time to complete the policing qualification etc. Classroom based input, as directed by Training Services. These opportunities may be identified by either the nominated Training Assessor or line management. Whilst agreement and co-operation should always be sought, this is a mandatory requirement of IPLDP. Student Officers should aim to have achieved all the National Occupational Standards and thus have completed the relevant qualification in policing by the end of 22 months. They should have achieved all the National Occupational Standards and thus have completed the relevant qualification in policing by the end of 24 months. All evidence will be assessed and verified in compliance with the relevant assessment criteria. They will also be required to be performing to a competent level against the Police Constable Role Profile. At this point the Student Officer will be seen by the Divisional Commander or divisional representative who will review the officer s performance over their probationary period and state whether they are satisfied that the Student should be confirmed in post. Line managers will submit assessments against the Police Constable Role Profile at 12 and 20 months, utilising the learning development review procedures. At each of these key stage reviews, progress towards completing the National Occupational Standards and relevant qualification in policing will also be considered in accordance with this policy. The Assessing Constable should be consulted regarding progress against the relevant qualification. Where a Student Officer s performance is considered to be unsatisfactory the Line Manager/Section Inspector will inform the HR Advisor. The HR Advisor will convene a strategy meeting consisting of the Sergeant and other relevant personnel as identified, to discuss and formulate a development action plan. If it is considered appropriate the Student Officer s line manager will be responsible for liaison with the EMCHRS Occupational Health Unit and will advise the Student Officer about the availability of support. (This could include Police Federation, Staff Networks and any of the diverse Staff Support Groups). The Student Officer will be formally informed in writing by the HR Advisor that there are concerns about their performance and that Regulation 13 may be considered if their performance does not meet the required standard at the conclusion of the development plan. Where a Student Officer does not meet the required standard at the conclusion of the development plan the HR Advisor will convene a Case Conference to consider Regulation 13, or a further development plan. The Student Officer has the right to be accompanied by their Federation Representative. 5.5 Performance Evidence Performance evidence will be credible and collected from general observations, witness testimonies, work reviews and progress in completion of the National Occupational Standards. The Student Officer will collect performance evidence and self-assessments which will be based upon the student officer role profile, utilising the learning development self-review. 9
5.6 Development Plan The development plans for the Student Officer will be designed to SMART Principles (Specific, Measurable, Achievable, Relevant, Time bound). The informal Performance Improvement Plan can be flexible in terms of format and timescale. The first development plan must not exceed 30 working days. If the development plan is not met and an extension is required then this must not exceed a further 15 working days. In all cases any plans will take account of any reasonable adjustments. Any plan will be reviewed at regular intervals with the student officer and feedback on progress will be provided. At the end of the 30 working day plan and 15 working day plan (if needed) the relevant Inspector will also review the performance evidence and endorse the review report. The plan will be reviewed on a regular basis by the Course Trainer or Line Manager, depending upon which phase the Student Officer is in. The person carrying out the review will keep the relevant HR Advisor fully informed. The Inspector will be involved in and support the assessment process by reviewing the performance evidence and endorsing the reports appropriately. 5.6.1 Reviews If the student officer has reached the acceptable level a report should be placed in the relevant portfolio. At any review meeting performance may be considered to be acceptable and the normal assessment process should continue. Where the relevant Sergeant and Inspector consider that the development plan has not been met then they will ask the HR Advisor to convene a Case Conference. 5.7 Case Conference 5.7.1 Formation of Panel Where the student officer is in the Classroom Phase, the panel should always comprise a manager from Learning and Development and an HR representative. Where the student officer is in the tutor phase or independent patrol phase, the panel should always comprise a manager from the Division/Department and an HR representative. In each case, an appropriate officer will attend to present evidence to the Panel. The Student Officer will be invited to attend the meeting, accompanied by a colleague/workplace friend, who may be a Federation representative. 5.7.2 Case Conference Process The case conference will normally be convened within 21 days from the end of the development plan. The HR Advisor will provide any relevant information to the panel if required prior to the case conference and will be responsible for liaison with EMCHRS OHU and will advise the Student 10
Officer about the availability of support. (This could include where relevant, Police Federation and any of the Staff Networks). At the Student Officer s request, lay representatives of these internal support groups can accompany the Student Officer to the case conference. The performance evidence to be presented and a list of participants to be invited to the conference must be supplied to the Student Officer 5 working days before the case conference. Similarly, if a Student Officer has any additional evidence not already discussed at the end of the development plan this should be supplied to the panel 5 working days before the date of the case conference. Names of any witness testimonials should also be provided. The Senior HR Business Partner or Chair may call verbal performance testimony as supplied by the Line Manager, Tutor Constable and other parties as appropriate. Their testimony will be based upon the written assessments supplied during the Student Officer s probationary period. Each contributor will individually make their presentation leaving the conference after their testimony has been given. After evidence has been presented the Student Officer or their lay representative will have the opportunity to ask any questions related to that evidence or to seek clarification. The Case Conference panel will decide upon the future course of action to take having considered the evidence before them. The line manager with support from the HR Advisor will be responsible for the implementation and monitoring of any decisions made by the case conference. 5.8 Extension of Probation under Regulation 12 Police Regulations 2003 The probationary period automatically ceases at the end of the first two years service unless a decision to extend is made before the end of the period. This also applies to subsequent extensions. Extension of the probationary period can be allowed where an officer has been absent from the workplace for a significant period of time and is unable to demonstrate the necessary competencies within the two years or where a programme of further development has already been agreed, but additional time is necessary to achieve competence in the role of student. If it is considered necessary to extend the probationary period of a student officer the HR Senior Business Partner should submit the request together with supporting reports to the Chief Officer with HR Portfolio. A decision to extend the probation period will be made by the Chief Officer with HR Portfolio. 5.9 Options at the Case Conference Recommend to the Chief Officer with HR Portfolio that the probationary period is extended and the length of the extension under Regulation 12 of the Police Regulations. 11
Recommend to the Chief Constable that the services of the student officer are dispensed with under Regulation 13 of the Police Regulations. A further action plan for a period of no more than 30 working days to be specified by the panel. Suspend process whilst further investigations are carried out ie referral to the Force Medical Advisor. 5.10 Standards of Behaviour/Integrity Where the concern over a student officer is in relation to standards of behaviour or integrity, a request can be made for an immediate full Regulation 13 case conference, without any of the intermediate steps happening. Advice should be sought from the Professional Standards Department as to whether the student officer should be subject to Regulation 13 procedures or Misconduct procedures. 5.11 Dismissal If the Chief Constable s decision is to dismiss the student officer, then the provisions of Regulation 13 of the Police Regulations will apply. There is no right of appeal. 5.12 Salary Increment On successful completion of initial training, an officer who entered at pay point 1 will move to the next pay point. Students who are not progressing and unlikely to complete their tutor period at the scheduled time the incremental rise will be curtailed until such time as successful completion. For more information refer to the intranet Work & Me Pay and Pension section. 5.13 Confirmation of Appointment The decision to confirm the appointment of a Student Officer lies with the Chief Constable. This will occur in week 90 of the probationary period and will be based on successful completion of the National Occupational Standards and relevant qualification in policing. 6. Monitoring and Review The application of this policy will be monitored for disproportionate impact of diversity. Each individual case will be treated entirely on its own merits and every student officer falling under the remit of this policy will be continuously monitored, assessed and supervised. 7. Appeals Process Throughout the process there are robust checks and balances to ensure the Student Officer understands fully what is expected from them. The Student Officer is given every opportunity to take specialist advice and present their views. There is, during the classroom phase, the 12
Training Services Appeals Procedure. At the Case Conference stage, the panel will satisfy itself that all measures taken in relation to a particular officer have been reasonable and proportionate. If and when the procedures in this policy are exhausted it may be the case that a recommendation is put to the Chief Constable that the services of the Student Officer are dispensed with under Regulation 13. Officers are encouraged to raise issues during the stages of this policy as there is no right of appeal against a final Regulation 13 decision. 13