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LEGAL SERVICES NEGOTIATION INFLUENCING
REPRESENTATION REGION 1
LEGAL SERVICES Region 1
Applications by Category 100%
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BACK TO NATIONAL VIEW 2023
alth Retirement scrimination mance
e and Advice 2024 North West 0% 2021 2022
Legal Assistance and Advice Personal Injury Conduct/Performance
2023 2024
Pension & Ill Health Retirement Employment/Discrimination
Cumbria - IOPC Investigation Following Public Complaint
Introduction
In June 2023, five officers were investigated by the Independent Office for Police Conduct (IOPC) following a public complaint regarding their handling of a stop-and- search incident involving a 17-year-old Black male.
Description
Responding to intelligence, officers detained a male matching the description under the Misuse of Drugs Act. After an initial search, they deemed it necessary to conduct a strip search at the station. However, the officers did not follow local protocol to secure authorisation from an Inspector for the search, and they failed to arrange for an appropriate adult to be present due to the individual’s age.
Resolution
Funding was secured via PFEW, and a solicitor assisted in preparing Regulation 18 responses for the five officers. The IOPC proceeded with formal interviews for each officer, with CAPLO present.
Outcome
CAPLO successfully negotiated with the Appropriate Authority, resulting in two officers receiving Performance Review and Improvement (PRI) measures. The remaining three officers attended a misconduct meeting, where successful representation led to no findings of misconduct and PRI outcomes for all involved.
Lancashire – Disability Discrimination
Introduction In 2021, the Federation played a crucial role in supporting a PC in a Disability Discrimination claim after a series of complaints related to her role within Lancashire Constabulary. The PC took 12 months of sick leave in 2017 following a domestic violence incident, later being diagnosed with complex PTSD. Upon her return, the force placed her under Unsatisfactory Performance Procedures (UPP) and Unsatisfactory Attendance Procedures (UAP), disregarding Force Medical Advisor (FMA) reports recommending adjusted duties. Numerous grievances were filed, and the ACAS conciliation process was activated. However, as the complaint remained unresolved, a C2 application was submitted to PFEW.
Description
In May and September 2023, an extensive Employment Tribunal took place, culminating in a unanimous decision in August 2024. The tribunal found failures in providing reasonable adjustments, unfavourable treatment due to disability, and victimisation.
Resolution
A remedy hearing has now been scheduled, requiring the force to compensate the PC for the damages incurred.
Outcome As a single mother who retired on ill-health grounds with a minimal pension, the PC can now move forward with her life, supported by the compensation awarded due to the force’s errors.
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MEMBER VALUE REPORT
One Federation – Putting Members First
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