Medical Case Reviews

Case Review / Management Review process

In the event that an Officer is in the unfortunate situation of suffering illness or injury during their Police Service we are there to help all that we can. It can be a stressful and complicated process and the Federation will use all of its resources to assist you through this difficult time. The Attendance Management Policy for dealing with incidents of sickness absence is by way of the following process.

First Stage – Attendance Support Meeting

The Attendance Support Meeting allows an opportunity where the absence record of a member of staff, which is causing concern, can be reviewed and discussed.

Either of the following indicators will bring the member of staff’s attendance record to the attention of the line manager who will review and document accordingly:

• 3 occurrences of absence within a rolling 12 months — this will prompt a line manager to review a member of staff’s attendance record
  Or,
• 9 working days, within a rolling 12 months (in line with the current Force targets);

An Attendance Support Meeting should be arranged by the line manager in a particular case, and should not be carried out later than 1 month into a continuous period of absence. The member of staff may be accompanied by a work place representative if this is their wish.

At an Attendance Support Meeting reasons for the absences will be discussed, support offered (including a possible referral to OHWS) and options explored to assist the member of staff to improve their attendance. The Attendance Support Meeting will follow the same principles as the return to work interview i.e. supportive management action and discussions regarding their attendance record.

A written record of the meeting will be made and a copy placed on the member of staff’s sickness section of their personal file and will remain valid for 12 months. The record should be agreed and signed as such by both parties. A copy will be supplied to the local HR Manager.

Where, on consideration of the nature of the absences, improvement is required, an action plan will be agreed for improvement. Progress against this will be monitored by the management review process outlined in the remainder of this section.

Should there be no improvement following the Attendance Support Meeting, the following procedures may be invoked: –

• Police Officers – the Police Performance/Attendance Regulations 2008;
• Police Staff – the Capability Procedure.

Second Stage – Local Management Case Review

This review will also be chaired by the local HR Manager, attended by the line manager and the member of staff (as far as possible) and/or their work place representative.

It should be carried out no later than 2 months into the absence and will be supported by an initial assessment of the probable prognosis from OHWS which will be based on the information received at that point.

The purpose of this review is to: –

• Consider the outcome of any OHWS assessments;
• Provide guidance on future improvement including where early benefit seems likely, consideration of making a recommendation to OHWS that medical intervention is appropriate;
• Explore alternative work patterns/options to aid attendance;
• Allow for discussion on incapability, re-deployment, retirement issues where this seems appropriate.

A written record of the meeting should be made and a copy placed on the member of staff’s sickness section of their personal file. The record should be agreed and signed as such by both parties. A copy will be supplied to OHWS and the member of staff concerned.

Local HR Managers will continue to monitor absence on a monthly basis concurrently to the above meetings, which will act as ‘trigger’ points for action.

Third Stage – Headquarters Screening Panel Review

This review will be conducted at corporate level no later than three months into the absence. Its purpose is to review those cases which look likely to proceed to an ACPO Final Management Case / Pay Review. This review will also monitor Recuperative duties extending beyond the recommended 6 month period.

The review will be chaired by the Corporate Human Resources Unit and attended by the Occupational Health Unit Manager and/or the Welfare and Counselling Services Manager and staff association and/or trades union representatives.

The review will consider a report submitted by local HR Managers that summarises the cause and management of the absence thus far.

In stress related cases a report will also be submitted by the Welfare and Counselling Services Manager. The purpose of this review is to: –

• Review the history of the absence and make recommendations regarding its future management;
• Obtain a view from OHWS on the likely prognosis;
• Decide on the time to place before the appropriate Chief Officer for an ACPO Final Management Case Review;
• Consider whether the information available to the ACPO Final Management Case Review is complete.

A summary of the recommendation(s) made will be provided to the local HR Manager who should in turn relay its outcome to the member of staff. This record forms part of the personal file.

Fourth Stage – ACPO Final Management Case and Occupational Pay Review

This review will also be conducted at corporate level and will be chaired by a member of the Chief Officer Team.

Other attendees are: –

• Corporate HR representative;
• Occupational Health Unit Manager / Welfare and Counselling Services Manager as appropriate;
• The Local HR or Departmental Manager;
• The appropriate staff association / trades union representative;
• The member of staff and/or their workplace representative.

The timing of a referral to this review Panel will vary depending on the circumstances of each case but the review will be conducted by no later than five months into the absence. It may also be the case that a member of staff is referred direct to this stage early into his / her absence as a result of their medical prognosis or following a recommendation connected with a previous absence.

The format of this meeting will permit the member of staff to present their views to this review Panel, either in person, via their staff association representative or in writing. The Panel will then deliberate the position (in private) and confirm its decision in writing to the local HR Manager who will in turn advise the member of staff.

As with the other Management Reviews if the member of staff does not wish to attend, they may instruct a workplace representative – the review will continue if such arrangements are made.

Purpose of the review: –

• Consider the progress of the absence thus far taking accounts of the previous Management Reviews;
• Consider the possibility of funding a medical intervention and make suitable recommendations to the local HR Manager;
• Make recommendations as to half pay for the Chief Constable (Regulation 28 for Police Officers) and to make a suitable decision in the case of a member of Police Staff;
• Consider whether to refer the matter to the Force Medical Adviser for advice on how the member of staff’s medical condition influences the range of duties that they could be expected to perform for the future or whether or not an ill health retirement should be considered. The questions outlined in Appendix 1 of this procedure will need to be considered by the Force Medical Adviser (and Selected Medical Practitioner in pension cases);
• Prepare a report for consideration by the Chief Constable under Regulation A20 of the Police Pensions Regulations.

Once the first ACPO Final Management Case Review Panel considers a case it will continue to regularly review its progress. Such further monitoring reviews may not necessitate the attendance of the member of staff but they may attend if there is a wish to do so.

H1 Questions – Permanent Disability

H1 questions relate to the Police Pension Regulations and they are the questions that need to be satisfied in order that the Officer can be considered for an Ill-Health Pension & potentially an Injury Award. The questions are:-

• Whether the Officer concerned is disabled
• Whether the disablement is like to be permanent

And if they are further considering whether to grant an Injury Pension shall so refer the following questions:-

• Whether the disablement is considered to be the result of an injury received in the execution of duty; and the degree of the Officer’s disablement

Permanent Injury

Permanent is defined as being disabled until the age of retirement specific to the rank of that Officer. Disabled has 6 facets; they are:

1. Managing processes and resources and using I.T.
2. Patrol/ Supervising public order.
3. Incident Management, such as traffic and traffic accident management.
4. Dealing with crime, such as scene of crime work, interviewing, searching and investigating offences.
5. Arrest and restraint.
6. Dealing with procedure, such as prosecution procedures, managing case papers, and giving evidence.

The second element to H1 questions is the question of was the injury/illness as a direct result of the Officer’s Police Duty.

F.M.A. – Force Medical Advisor

The Force Medical Officer employed by the Force will prepare a report giving medical background including his opinion on the H1 questions for consideration of the Police Authority who will approve the engagement of a Selected Medical Practitioner in appropriate cases.

S.M.P. – Selected Medical Practitioner

The Selected Medical Practitioner is an independent doctor qualified in occupational medicine. He/She will decide on the permanence of disability with the definitions of H1 and if they decide so, they will then complete a supplementary report on the Officer’s capability.

Regulation A20 – Retention

The Chief Constable has discretion to retain Police Officers within the service whilst being permanently disabled. If the evidence of the capability report supports that the Officer has the ability to provide meaningful service to the organisation the C.C. can retain that Officer by making reasonable adjustments to take into account the Officer’s disability.

Help us to Help You

We have attempted to explain the process and now we have a request to make. If you would like us to represent you at each stage of this process we need you to make early contact with your local Federation Representative or the Federation Office. We will make representations on your behalf, at all stages of the process, at the various forums. We would require a written position statement together with medical reports to ensure that we properly represent your interest.

It is very important that the Officer ensures that any injury on duty is recorded on RIDDOR and evidenced correctly.