THE CHAIR ANSWERS


consultation on phase two of the remedy has been delayed until the end of February. We will provide further updates once we receive the details and can offer analysis on the latest information. The Immediate Detriment claims have been submitted to the High Court and we await defences from the forces involved. There is a further meeting between PFEW and the law firm, Pennington Manches Cooper, later in February. We have received a response to the


letter sent to the Home Secretary in July 2021. Following this, a potential solution to the pensions trap issue was proposed. This solution would have significantly reduced the actuarial reduction applied to members’ 2015 CARE Scheme benefits. Unfortunately, the letter confirmed that the Home Office have no appetite to pursue a solution to this problem and will not be taking up PFEW’s suggestion. PFEW considers the existence of the pensions trap to be immoral and unfair, but there are currently no grounds on which to take a legal challenge. Undertaking legal advice, PFEW will continue to assess how this issue can be pursued further.


Have you got plans to work with Government and the Crown Prosecution Service to tackle assaults on police?


assaults against our members, dropped owing to a lack of available barristers. We understand there is a backlog of cases, and pressures on the system are having an effect on criminal justice, but victims are being let down. This cannot be allowed to continue. We are campaigning to ensure this will not happen again in cases involving our colleagues, or indeed in any case. The whole justice system should work seamlessly together and this is what we’re looking to highlight. All assaults on emergency workers are unacceptable, but the Government must compensate officers for the risks they take in the line of duty. We will continue to fight for this for our members.


Can you confirm the PFEW position on officers carrying lifesaving Naxolone, and if there is any intention for a sensible approach to support officers carrying Naxolone, such as that taken by Police Scotland?


Saving lives is a key part of the role police officers undertake. But there should be


which provides them with the same benefits and services as that of a full- time officer.


“It’s important to understand that police officers are servants of the Crown and the


PFEW has worked hard over the years to change the narrative that being assaulted is never part of the job. An attack on a police officer is an attack on society itself. This is why our successful Protect the Protectors campaign resulted in the Government giving courts the ability to hand out far tougher sentences for those who assault the police and other members of the emergency services. While we appreciate that the courts are struggling, this cannot be allowed to prevent justice being done for our members, for the police service and for the wider public.


In the year ending March 2022, there were 41,221 assaults on police officers, equating to more than 110 assaults per day, every day of the year. This is up from 36,969 in the previous year. It has led to unprecedented levels of mental exhaustion and mental ill-health within the police service, which we continue to raise awareness of. On far too many occasions, we have seen court cases, including those of


no blurring of roles between the police and paramedics. An opioid overdose is a critical medical emergency and, to give the best chance of saving a life, that emergency should be responded to by a fully trained and equipped paramedic. We are committed to working with the National Police Chiefs’ Council, the Government and advocacy groups to gain a better mutual understanding of positions. However, if more forces choose to go ahead with carrying Naxolone, they need to address our concerns around policies and procedures. At the moment, the difficult and awkward questions are being overlooked.


Has PFEW considered the idea of pay for the special constabulary, similar to the British Army paying their reservists? The role of a special constable is undertaken in a volunteering capacity alongside their paid employment – it is what makes the role unique. If they were to be rewarded financially, this would essentially become a police officer role. PFEW has secured membership to the Federation for all special constables,


law forbids us to strike, because of the unique nature of our work in protecting the public”


Could officers have a vote on whether we should now have industrial rights, just as our other public sector colleagues do? PFEW held a ballot on the issue of industrial rights for our members in 2012. There was an insufficient majority in favour of seeking industrial rights for our members, so this was not pursued. It’s important to understand that we, as police officers, are servants of the Crown and not employees, and the law currently forbids us to strike, because of the unique nature of our work in protecting the public. For police to achieve industrial rights, we would need to ask the Home Secretary to amend or repeal S.91 of the Police Act. If this was unsuccessful, we would have to argue within the Administration Court (Judicial Review) that the ban on industrial action denies police officers the right to join an effective trade union. The Administrative Court would have to decide whether the existence of the Police Federation and the provision of a pay consultation process are sufficient to qualify as ‘compensatory measures’.


If this was unsuccessful, the next legal challenge is the Court of Appeal, to make the same arguments, and finally the Supreme Court. It is only when all domestic remedies have been exhausted that a challenge can be made within the European Court of Human Rights. Others have tried to challenge restrictions on taking industrial action via this route and none have succeeded. Police officers would, if any of these measures were successful, lose Crown status and become regular employees, with all the pitfalls that come with that. At the same time, they would still have no guarantee of improved pay and conditions, as evidenced by the current disputes in the public sector. We are always cognisant on the views of our members on this matter, and our National Council is in place to decide on pursuing legislative or legal changes to the status of police officers. It is worth noting that no change will happen overnight and would likely take years to implement. Every Federation branch has had a presentation on industrial rights and can be contacted for further information.


21 | POLICE | FEBRUARY 2023


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