Further Detail

The improvements highlighted above are now part of a business-as-usual process and have resulted in a significant reduction in the average wait times for a SMP appointment, which has reduced from 13 months in 2021-22 to 5 months in 2022-23. The number of live IHRs has reduced over the calendar year from 101 to 57. Similarly, the number of IOD cases has reduced over the calendar year from 48 to 39.
Following discussions with Optima Health and required changes to the internal Police Scotland administrative processes, the simultaneous consideration of IHR and IoD awards is expected to commence in March 2024.

Evaluation of 6-month trial
From May – November 2023, a trial took place to fast-track IHR cases to the Director of People and Development where they met the following criteria:
• All key competencies required to be a police officer were permanently affected.
• The officer was permanently unfit for Regular employment (30 hours or more).

7 officers met the criteria during the evaluation timescale to be fast-tracked, taking an average of 27 days (ranging from 16-42 days) to progress from SMP appointment to sign off by the Director of P&D. In comparison, 8 officers who met the criteria from January – May 2023, prior to the introduction of the fast-track process, took an average of 61 days (ranging from 35-82 days) from SMP appointment to sign off by the Director of P&D. It is useful to note that officers are provided with 28 days to consider the content of the SMP report and a further 28 days to consider the posting panel information and provide a response.

This trial showed the value in the decision to fast-track, albeit to a small number of individuals, in time saved to complete the process when there was no possibility of the officers being suitable for a role in policing. This fast-track process will now continue as standard practice.
Internal Audit

The paper to the People Committee in November 2023 outlined that a full update on the Internal Audit would be presented as part of the IHR/IoD review closure report in February 2024.

The Q3 Wellbeing Report (item 2.1) sets out further information in relation to the this.
Criminal Justice Committee Correspondence

The SPA Chief Executive provided a written update to the Criminal Justice Committee on IHR and IoD following the commitment given in the initial response in March 2023. This update outlined the improvements to the process that have been reported to the Committee over the last 12 months.

Communication with staff associations was highlighted as being of great value and regular discussion on the topics of IHR and IoD will continue.

Next Steps
A joint Authority/Police Scotland paper was presented to the Scottish Police Consultative Forum (SPCF) on 31 August 2023. At this meeting it as agreed the current process would be updated to allow SMPs to simultaneously consider IHR and IoD awards.

The establishment of a working group to include representatives from SPA, Police Scotland, Scottish Government, SPF, ASPS and SPPA was agreed. This working group will:
• Support a collaborative review to replace Police Negotiating Board Guidance 10/4: Improving the Management of Ill Health, which was implemented in 2010.
• Consider appropriate approaches to reviewing Ill Health Retirement and Injury on Duty decisions to consider whether the retired officer’s condition has changed (i.e. deteriorated or improved).
• Consider the extent to which the Authority should have a role in determining whether disablement was as a result of an injury received in the execution of duty and/or whether the person concerned has brought about or substantially contributed to the disablement by their own default (currently determined by the SMP on behalf of the Authority as per Regulation 30(2) of the Police (Injury Benefit) (Scotland) Regulations 2007).
• Consider key questions in relation to Regulation 12 of the Police (Injury Benefit) (Scotland) Regulations 2007 which include:
o Are both mental health injuries and physical injuries given fair and equal treatment?
o Are progressive mental health injuries that lead to total and permanent disablement adequately catered for?
• Consider the merits of implementing some form of Injury Compensation Scheme for officers who are injured but are not ill health retired.

The first working group meeting is scheduled to take place in March 2024 and any updates/proposals will be provided to PNB, SPCF and/or the Police Pensions Scheme Advisory Board (SAB) as well as this committee at the appropriate time.

As agreed in November, 6 monthly reporting will be presented to the committee detailing the number of IHR approvals and IoD awards, following the delegation of approvals to the Chief Executive.