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Regulation 37 - Police Injury

Question

1. If your force has a policy document, or any other form of document or documents, setting out the procedure and or power that allows for a review under Regulation 37 Police Injury to be deferred, please supply a copy. By 'defer' I mean to not complete a review by means of the Selected Medical Practitioner not formally stating there has been substantial change or no change to the degree of disablement in relation to earning to capacity but to keep it on hold indefinitely.   

2. If your force has a policy document, or any other form of document or documents, setting out the procedure and or power that allows for a review under Regulation 37 to have the final decision removed from the Selected Medical Practitioner and said decision delegated to the Legal Services department for a decision, please supply a copy.  

3. If your force has a policy document, or any other form of document or documents, setting out the procedure and or power that allows for a review under Regulation 37 to have the final decision of the Selected Medical Practitioner overruled by the Director of Resources, please supply a copy.

Answer

1. No formal policy document exists as each case is considered on an individual basis.  We are guided by the SMP as to whether a review should be put ‘on hold’ pending an improvement in the individual’s clinical situation. 

2. The NAMF (National Attendance Management Forum) Guidance is applied which indicates that ‘The SMP’s role is to measure degree of disablement using admissible evidence.  On receipt of his decision it is for the PPA to decide whether any identified change in the degree of disablement represents a substantial alteration and if so they shall revise the IOD pension accordingly’. The final decision therefore rests with the Police Pensions Authority and not the SMP or Legal Services Department. 

3. Please see the response to question 2 above.

FOI Reference: 080/16