FAIR COMPENSATION


if they sustain a criminal injury which is directly attributable to their taking an exceptional and justified risk for the purpose, in a relevant place, of: (a) Apprehending an offender or suspected offender


(b) Preventing a crime (c) Containing or remedying the consequences of a crime or


(d) Assisting a constable who is acting for one or more of the purposes described in paragraphs (a) to (c).’


“A risk taken for any purpose described in sub-paragraph (1) in the course of a person’s work will not be considered to be exceptional if it would normally be expected of them in the course of that work. “This is expanded upon in the following extract from an email to PFEW from the CICA Legal and Policy Team with the salient points highlighted.


‘Where an emergency worker is injured


due to a crime of violence other than an assault, their application will be considered under paragraph 5 of the Scheme. This outlines that an exceptional risk taken in the course of limiting or preventing a crime will potentially be eligible for an award. However, the paragraph also explains that a risk will not be considered exceptional if it would normally be expected in an applicant’s line


of work. When assessing a claim under paragraph 5 of the Scheme, the CICA’s caseworkers must apply this provision considering a number of factors such as whether the applicant had received training in dealing with similar risks, and whether their intervention prevented a more serious outcome’. “Clearly the criteria in 5 (1) are highly relevant to emergency workers particularly police officers and staff in the detention and control of offenders. However, the caveat under 5 (2) is clearly at odds with the realities of the role and in effect dismisses police and other emergency workers as victims. Nor should the fact that colleagues receive personal safety training be considered a caveat to eligibility. Training is an aid but does not completely mitigate the likelihood of injury. “Due to the unique operational context and greater likelihood of direct and collateral injury faced by emergency workers, there is a risk these individual


criteria, or a combination of both, place colleagues at an obvious and immediate disadvantage where CICA applications are concerned. In effect they serve to normalise the issues faced by colleagues as acceptable. It is also felt they create a level of ambiguity which are open to negative interpretation and require clarity. It may in cases serve to deter an application in the first place.” From this we understand the previous


Minister understood the issues of concern and can only imagine these would have been addressed by him in a timely manner. The work of policing inherently exposes officers to high-risk situations where injuries can be severe and have long-lasting consequences. We argue too, that the rigid tariff system may not adequately reflect the extent of physical and psychological harm suffered, leading to inadequate compensation that does not correspond to the realities of their injuries. Moreover, the process of applying for compensation through the CICA is complex and bureaucratic. Police officers injured on duty already face significant


designed to assist them.


“This, we argue, presents the opportunity for an ‘easy win’ for Dame Diana Johnson in


her first 100 days in post and we hope she heeds our calls to reform the CICA and with those actions demonstrate her positive support for our members”


challenges in terms of physical recovery and potential career implications. The added burden of navigating a cumbersome compensation process can exacerbate stress and anxiety for officers already dealing with the aftermath of a traumatic incident. Delays in processing claims and the requirement for extensive documentation further contribute to frustrations among claimants, creating a system that is perceived as more hindrance than help. Furthermore, there is a notable disparity between the treatment of police officers injured on duty compared to the public seeking compensation. The authority’s criteria and approach do not always take into account the unique nature of policing duties and the increased risks officers face in protecting public safety. This differential treatment can create a sense of inequity and undermine morale among police personnel, who may feel undervalued and unsupported by the compensation system


Another critical issue is the insufficient recognition of the long-term effects of injuries on police officers’ careers and livelihoods. Injuries sustained on duty can have profound implications for an officer’s ability to continue working in their chosen profession, impacting their earning potential and future prospects. The CICA’s compensation awards, often based on immediate medical assessments and short-term impacts, may not adequately address the broader implications of career-ending injuries or disabilities sustained in the line of duty. Additionally, the CICA’s approach to compensating psychological injuries is particularly poor. Mental health issues, such as post-traumatic stress disorder (PTSD), are prevalent among police officers exposed to traumatic incidents. However, the authority’s criteria for assessing psychological harm may not sufficiently account for the complexities of PTSD and other psychological conditions resulting from police work. This can lead to under-compensation or a lack of recognition for the psychological toll that duty-related trauma can have on officers’ wellbeing and ability to function both professionally and personally. It is the Federation’s position that the current framework of the CICA


fails to acknowledge the sacrifices and risks undertaken by police officers in the line of duty. The authority’s processes and criteria need to be reevaluated to ensure they adequately reflect the specific challenges faced by our members and provide fair and equitable compensation for injuries sustained while serving the public.


Addressing the issues we have raised requires a comprehensive review of the CICA’s approach to compensating police officers and ensuring fairness and transparency are at the heart of any new system, and ensuring meaningful support for those who risk their safety to uphold the law and protect communities is reflected by the CICA’s awards. This, we argue, presents the opportunity for an ‘easy win’ for Dame Diana Johnson DBE MP in her first 100 days in post and we hope she heeds our calls to reform the CICA and with those actions demonstrate her positive support for our members.


29 | POLICE | AUGUST | 2024


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