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Published: 25 July 2023

Statistical Report on Ill Health Retirement and Injury on Duty Awards - 1 August 2023

Keywords : IHR Regulations IOD SMP

Report Summary

This report provides members of the Legal Committee with an overview of Statistical Report on Ill Health Retirement and Injury on Duty Awards. 

Meeting

The publication discussed was referenced in the meeting below

Legal Committee - 1 August 2023

Date : 01 August 2023

Location : online


Further Detail on the Report Topic

Ill Health Retirement / Redeployment

Applications for retirement on the grounds of ill health (IHR) are determined under Regulation A20
of the Police Pensions Regulations 1987 which allow that the Police Authority may determine that an
officer ought to retire on the grounds that he/she is permanently disabled for the performance of his/her
duties as a police officer. In considering whether a person is permanently disabled, Regulation H1 of the
1987 Regulations provides that the Police Authority shall refer certain questions to the Authority’s Selected
Medical Practitioner (SMP) who shall provide a report with their determination.

Subsequent to the receipt of the documentation from the SMP a robust process is undertaken within Police
Scotland to conclude, give the capabilities that have been determined by the SMP as permanently disabled,
whether any redeployment opportunities exist. Whether any opportunities for redeployment have been
identified is contained within the report that is submitted to the Authority with comments and a recommendation
provided by the Director of People and Development (on behalf of the Chief Constable as permitted by the regulations).

The table below presents information on the number of cases presented by Police Scotland, which have been considered by the Authority in the period 04 March 2023 to 14 July 2023

Two cases submitted in May 2023 required further consideration and legal opinion prior to a decision being made. The decision on the 2 cases was communicated to Police Scotland in June.

Injury on Duty
Applications for Injury on Duty (IOD) awards are dealt with in terms of the Police (Injury Benefit) (Scotland) Regulations 2007. Regulation 30 of the 2007 Regulations provides that, where a police authority is considering whether to grant an IOD award to an individual, it should refer questions to the SMP.
Subsequent to the receipt of the documentation from the SMP, Police Scotland complete their administration process which includes requesting comments from the ex-officer and completing the ‘Police Authority Report – Injury on Duty Award’ form. Once complete this form is submitted to the Director of People and
Development for comment prior to its onward submission to SPA.

At a previous committee, members were presented with legal opinion on the level of discretion that SPA have with regards to cases when the SMP has determined as IOD award is appropriate.

The table below presents the information on the number of cases presented by Police Scotland, which have been considered by the Authority in the period 04 March 2023 to 14 July 2023.


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