Limited Duties Policy
1. Statement of Policy
Dyfed-Powys Police recognises a need to support police officers who may fall within the definition of ‘limited duties’ as per The Police Regulations 2003 and The Police (Amendment) Regulations 2015 (Statutory Instrument 2015/455).
Where officers are not fully deployable for medical reasons, in the past they have been categorised as being on ‘restricted duties.’ This definition encompassed a wide variety of officers, and it was often the case that no real distinction was drawn between those awaiting the outcome of misconduct investigations, officers who were not fully deployable on a short-term basis or who were recuperating and those who needed to have long term restrictions on their deployment.
The Police (Amendment) Regulations 2015 (Statutory Instrument 2015/455) and supporting determinations have introduced ‘limited duties.’
This policy ensures that those regulations are applied fairly and consistently to achieve organisational benefits as well as protecting officers.
Applies to: All categories of Dyfed-Powys Police officers, whether full-time or part-time. Police Officers accessing and using Force assets and property must have due regard to the contents of this policy.
2. Policy Scope
This policy and the associated procedure document applies to Police Officers only.
3. Powers and Policy/Legal Requirements
This policy and the associated procedure complies with the following:
- The Police Regulations 2003
- The Police (Amendment) Regulations 2015 (Statutory Instrument 2015/455).
- Regulation 22 and Regulation 28a
- Health & Safety Act Work Act 1974
- Equality Act 2010
- Police (Health and Safety) Act 1997
- Access to Medical Records Act 1998
Internal policies of relevance:
- Attendance Management Policy
- Job Related Fitness Testing Policy
- Limited Duties Procedure
4. Options and Contingencies
4.1 Roles & Responsibilities
The Assistant Chief Constable is the decision maker in the limited duties process.
The Head of HR Service Delivery is the Policy Owner and adviser to the Assistant Chief Constable on policy and procedure.
Occupational Health advise on an officers fitness for the normal duties of a police officer.
The officer will report to their line manager any restrictions to their ability to undertake the normal duties of a police officer. They will also participate in the review process, including assessment of suitability for role, workplace adjustments and risk assessments.
The line manager will appropriately record any restrictions reported by the officer and refer for a medical opinion where appropriate.
The HR Officer will advise the line manager on the actions required and support the Limited Duties process.
Police Federation representatives can advise officers and support them through the process.
4.2 Code of Ethics
Ethical policing principles will be applied to decisions made in this process, specifically:
- Courage
- Respect and Empathy
- Public Service
Courage – officers will be invited to participate in review meetings which result in decisions being made by the Assistance Chief Constable regarding their suitability for roles. Decisions and the reasons for them are communicated directly to the officer concerned.
Respect and empathy – through their participation in the review meetings officers are encouraged to have their say, including explaining their personal circumstances and the physical, mental and emotional challenges they face.
Public service – In making decisions on the most appropriate role for an officer the Assistant Chief Constable will consider adjustments required by the officer and the need to effectively resource Force priorities and provide excellent services to the public.
5. Take action and review
This policy and the associated procedure document will be reviewed by People Services on a tri-annual basis, taking into account its effectiveness, changes to legislation, national guidance and any challenges to the policy.
Any amendments to this policy and/or the associated procedure document will be monitored by People and Organisation Development and implemented through the Joint Negotiating & Consultative Committee (JNCC).
CODE OF ETHICS CERTIFICATE OF COMPLIANCE
This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.
HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE
This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.
EQUALITY IMPACT ASSESSMENT
Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.
The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:
- eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
- advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
- foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.
Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty.
EQUALITY IMPACT ASSESSMENT COMPLETED: July 2024