UPDATE ON REGULATION A19 - West Midlands Police and Crime ...

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Agenda
Item
Personnel Committee
4 October 2012
UPDATE ON REGULATION A19
Report of the Chief Constable
PURPOSE OF REPORT
1. To update members on the application of Regulation A19, following Police Authority
approval to implement this regulation.
BACKGROUND
2. Members will recall that the Police Authority approved implementation of A19 at it’s
meeting on the 16 December 2010. At that meeting it was requested that the Personnel
Committee be regularly briefed on the application of the A19 policy and procedure.
3. Members will be aware that Regulation A19 will apply to all officers who have reached
30 years pensionable service, unless there are such exceptional circumstances
pertaining to individual roles, skills and abilities, that mean that consideration should be
given to their retirement being deferred for a period.
A19 POLICY AND PROCEDURE
4. Members have previously been briefed on the various stages of the procedure which
includes:
Written notification to officers, giving three months notice, that Regulation A19 will
apply to them.
The opportunity for officers to make representation regarding the application of the
Regulation.
Consideration of the representation made by the Corporate Panel comprising of
the Deputy Chief Constable, Director of Resources and a HR Adviser. This will
take account of the issues raised by the officer, seeking the views of the local
Senior Leadership team, regarding matters of resilience and succession planning
where appropriate.
An appeal process to a panel of three nominees appointed by the Police Authority
Provision of outplacement/career transition support to affected officers
RETIREMENTS 2011/ 12 - UPDATE
5. Members have previously been provided with information regarding the officers who
achieved 30 years pensionable service during the period April 2011 March 2012 and
therefore were affected by Regulation A19.
6. On an ongoing basis throughout the year, officers are notified at least 3 months
prior to the date that they will achieve 30 years pensionable that they will be subject to
consideration of Regulation A19 and the process to be followed.

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7. Since 1 April 2012, 64 officers have been affected by Regulation A19. The following table
shows the position in terms of retirements, deferments and appeals on a monthly basis:
Month No of
No of Deferments
No of Appeals
Retirements
April 14 1 – due to ongoing involvement in
Nil
court case*
May 13 Nil Nil
June 15 Nil Nil
July 10 Nil Nil
August 12 Nil One
* The retirement of this officer has been deferred to 31 October 2012
APPEALS
8. **There is one appeal submitted which is to be held on 4 October 2012 in respect of the
retirement of an officer in August 2012.
ADDITIONAL SUPPORT TO OFFICERS
9. Officers may access the Career Transition Service (CTS) which has been established by the
Force. Career Seminars are held on a monthly basis which are attended by external employers,
further education providers and advisory organisations. In addition the CTS also provide training
events on C.V and interview preparation.
10. Officers going through the A19 procedure have also been offered the opportunity to have
support from the People Advice and Liaison Manager.
RESILIENCE
11. The Workforce Strategy Group, chaired by the Deputy Chief Constable, oversees the
workforce planning process, by which the impact of officers retiring under Regulation A19 is
managed. A Police Officer Workforce Plan has been developed which supports this process and
ensures that it is linked to the major change projects being driven by Programme Paragon,
Continuous Improvement Programme, Priority Based Budgeting, etc.
12. In addition a Resourcing and Deployment group has been established to ensure operational
resilience is maintained as described in the Workforce Plan Update paper
13. Given that the majority of officers retire at 30 years pensionable service, succession planning
arrangements are well established in the Force. The L&D function retain information on officer
skill sets, including specialist skills, which supports succession planning arrangements at local
and force level.
14. It is anticipated that during the 2012/13 financial year Regulation A19 will affect 163
officers.
15. Since 1 April 2011, 228 officers have left the force on Regulation A19. The table at appendix 1
shows the numbers of officers leaving from each rank and each LPU/ Department.
This appendix will be referred to in the closed agenda of the Committee due to the
personal data it contains.

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FINANCIAL IMPLICATIONS
16. Due to the outcome of the Comprehensive Spending Review and the savings that the Force is
required to make over the next three financial years, it was determined that it was necessary to
implement Regulation A19. The financial implications are as set out in the report to the Authority
of 2 December 2010.
LEGAL IMPLICATIONS
17. Members will be aware of the legal advice that has been provided both to the Force and the
Police Authority. The use of A19 is lawful provided it is a proportionate means of achieving a
legitimate aim (more commonly known as 'objectively justified'). The Force has produced a
rationale (objective justification) as to why it has been necessary, for the purposes of efficiency
and effectiveness, to apply Regulation A19. The Force believes that the use of A19 is fair and
that it meets the long term operational, planning and budgetary requirements.
EMPLOYMENT TRIBUNAL POSITION
18. Members have been advised previously that a number of former officers who have been
retired in accordance with Regulation A19, have submitted applications to the Employment
Tribunal.
EQUALITIES IMPLICATIONS
19. The A19 policy and procedure has been subject to an Equality Impact Assessment. Members
have previously been provided with a copy of the Assessment.
RECOMMENDATION
20. That members note the contents of this report.
Chris Sims
Chief Constable
CONTACT OFFICER
Name: David Thompson
Title: Deputy Chief Constable
Tel No: 0345 113 5000 Ext: 7800 2015
Email: david.thompson@west-midlands.pnn.police.uk
BACKGROUND DOCUMENTS