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Derbyshire Constabulary

SPECIAL CONSTABULARY POLICY

POLICY REFERENCE 13/323

This policy is suitable for Public Disclosure

Owner of Doc: Head of Department, Operational Support.

Date Approved: This version 06 May 2015

Review Date: May 2017

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INDEX Heading Page No 1. Policy Identification Page ........................................................................ 5 2. Legislative Compliance ............................................................................ 6 3. Introduction ............................................................................................... 6 Definition of the Special Constabulary ............................................................. 6 Working in the Special Constabulary in Derbyshire Police ............................ 6 Rank Structure ................................................................................................... 7 Code of Conduct ................................................................................................ 8 Role of Special Constabulary ............................................................................ 9 Acting up to a higher rank ............................................................................... 10 Specials Sergeants .......................................................................................... 10 Specials Inspector ........................................................................................... 11 Promotion Process .......................................................................................... 11 Special Constabulary Coordinator ................................................................. 12 CiP Manager …………………………………………………………………………..12 Volunteers Project Team……………………………………………………………13

4. Policy Statement ..................................................................................... 13 5. Procedures .............................................................................................. 13 Recruitment and Training ...................................................................... 13 Introduction ..................................................................................................... 13 Ineligible Occupations ..................................................................................... 14 Vetting…………………………………………………………………………………..15 Applying to the Special Constabulary ............................................................ 15 The Special Recruit Assessment Process ..................................................... 15 Successful Candidates .................................................................................... 15 Unsuccessful Candidates................................................................................ 16 Specials Allocation .......................................................................................... 16 Special Constabulary Initial Training Programme ......................................... 16 Attestation ........................................................................................................ 18 Independent Patrol........................................................................................... 19 Further Training Courses ................................................................................ 19 Volunteer Agreements ..................................................................................... 20

Operational Procedures ......................................................................... 20 Introduction ...................................................................................................... 20 Police Staff Working as Special Constables .................................................. 20

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Time Off for Training Police Staff Specials ................................................... 21 Employer Supported Policing (ESP) Leave .................................................... 22 Duty Sheet ........................................................................................................ 25 Performance Management .............................................................................. 24 Check-In............................................................................................................ 24 Tasking and Deployment ................................................................................. 24 Duty Elsewhere ................................................................................................ 26 Hours of Duty ................................................................................................... 26 Aid Requirements ............................................................................................ 26 Contingency Planning ..................................................................................... 26 Driving .............................................................................................................. 27

Non Operational Procedures ...................................................................... 28

Warrant Cards .................................................................................................. 28 Uniform ............................................................................................................. 28 Recovery of Uniform ........................................................................................ 28 Dress Code ....................................................................................................... 29 Absence from Duty .......................................................................................... 29 Absence due to ill health ................................................................................. 30 Injuries on Duty ................................................................................................ 30 Civil Claims ...................................................................................................... 31 Loss of Earnings .............................................................................................. 31 Pensions ........................................................................................................... 31 Special Constabulary Legal Insurance Scheme ............................................ 31 Misconduct ....................................................................................................... 32 Maternity ........................................................................................................... 32 Service Break ................................................................................................... 33 Attachments ..................................................................................................... 34 Transfers between Divisions ........................................................................... 35 Transfers into Force ........................................................................................ 35 Jury Service ..................................................................................................... 35 Attendance at Court ......................................................................................... 36 Working Time Regulations .............................................................................. 36 Business Interests ........................................................................................... 38 Promotion ......................................................................................................... 38 Expenses .......................................................................................................... 39 Claiming Expenses .......................................................................................... 41 Long Service Awards and Recognition .......................................................... 41

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Retirement and Extension of Service ............................................................. 42 Resignation ...................................................................................................... 43 Exit Interviews .................................................................................................. 43

6. Monitoring and Review .......................................................................... 45 7. Appeals .................................................................................................... 45

8. Appendix A - Memorandum of Understanding........................................45 Appendix B - ESP Volunteer Agreement ..................................................46 Appendix C - NPIA Circular 04/2010 ...................................................... 48

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1. Policy Identification Page

Policy title: Special Constabulary Policy

Registry Reference number: 13/323

Policy implementation date: Original March 2014, this version 06 May 2015

Policy review date: May 2017

Department / Division responsible: Operational Support

Policy owner: Head of Department

Last reviewed by: N/A Date last reviewed: N/A

Impacts on other policies / guidance / documents (list):

Time Off for Specials Training Policy

Disclosable under FOI Act: YES Policy to be published on Intranet YES Policy to be published on Force Website YES

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2. Legislative Compliance

This document has been drafted to comply with the principles of the Human Rights Act. Proportionality has been identified as the key to Human Rights compliance, this means striking a fair balance between the rights of the individual and those of the rest of the community. There must be a reasonable relationship between the aim to be achieved and the means used.

Equality and Diversity issues have also been considered to ensure compliance with the Equality Act 2010 and meet our legal obligation in relation to the equality duty. In addition, Data Protection, Freedom of Information and Health and Safety Issues have been considered. Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation and internal policies.

Customer Service

It is important that high quality customer service is provided as part of the Special Constabulary Policy and the standards specified in the Customer Service Policy apply through-out this document.

3. Introduction

3.1 Definition of the Special Constabulary

Special Constables are a body of trained volunteers who provide a valuable link between the police and the local community. With the same powers as regular officers they work in their free time on a variety of police duties. Special Constables in England and Wales have the same responsibilities, powers and privileges as the regular police force. They also have authority to call upon other subjects of the Queen to assist in the preservation of the peace and the prevention of offences against people and property and to arrest anyone who assaults them in the execution of their duty.

3.2 Working in the Special Constabulary in Derbyshire Police

In consideration of the voluntary and non-contracted status of a Special Constable, Derbyshire Constabulary will provide all Specials with: -

All relevant items of uniform and equipment free of charge; Reimbursement of expenses, benefits and allowances in accordance with Home

Office Guidance, providing that the minimum hourly commitment is met and all duty hours are recorded on Duty Sheet;

Insurance cover to meet the cost of any loss of earnings during a temporary incapacity to work (caused by an injury on duty) and a pension in the event of permanent disablement whilst performing police duty;

Relevant initial, refresher and continuation training and personal development to enable them to meet the requirements of their role;

Operational deployment within the capacity of the volunteer that utilises personal skills and abilities;

Full access to Force procedures in relation to equal opportunities, grievance and harassment;

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Full access to all support and welfare mechanisms within the Constabulary, including a range of staff networks e.g. LGBT Support Network, BPA (Black Police Association), CPA (Christian Police Association), ENABLE (support for staff and officers with disabilities) Gender Agenda and others. These can be found on the Derbyshire Police Intranet via work and me> Staff Networks.

3.3 Rank Structure

The rank structure and the insignia of the Derbyshire Police Special Constabulary are as follows: -

Special Inspector – collar number and 2 bar Specials Sergeant – collar number and 1 bar Special Constable – collar number All insignia must be correctly displayed and worn at all times. Any Special Constable who does not wear this insignia may be subject to disciplinary action.

It is for Divisions to decide the ratio for their Specials management according to their establishment and numbers of Special Constables with a ratio of one S/Sgt to 10 SCs. This will also be in line with new Force wide Special Constabulary Formation allocation figures which was agreed in September 2017.

The Special Constables are always there in support of the Regulars, and as such, all Special Constables, irrespective of their rank, will come under the command & control and take directions from regular officers whether they hold a supervisory rank or not. This is because of the higher level of training given to regular officers, having qualified in the role that they perform in initial exams or a promotion process and performing the role on a more regular basis. The supervisory roles within being a Special Sergeant or Special Inspector are in line with national guidance and meant to highlight the Special Officer’s administration role over other Specials rather than all Police Officers. Disobedience to lawful orders will constitute a breach of discipline. All Special Constables will be allocated to a Division. Depending on the Division allocated, the line manager may be either a Specials Sergeant or an SNT Sergeant.

Each Division has a Regular Specials Portfolio Inspector who oversees the Specials on their Division with support of a Specials Inspector. The second line manager may be an SNT Sergeant, a patrol Sergeant or a Section Inspector, and a Special Constable may be aligned to either patrol duties or attached to an SNT. The management structure applicable to each special will be explained upon their arrival on Division.

3.4 Code of Conduct

Special Constables are appointed by, are under the direction and control of, and subject to dismissal by the Chief Constable. As Special Constables have the same authority and bear the same responsibility as a regular police constable they are subject to the Police (Conduct) Regulations 2008.

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All officers of the Derbyshire Special Constabulary are expected to observe and abide by the Standards which cover both on duty and off duty conduct. The Standards of Professional Behaviour are as follows:- Honesty and Integrity Police Officers are honest, act with integrity and do not compromise or abuse their position. Authority, Respect and Courtesy Police Officers act with self control and tolerance, treating members of the public and colleagues with respect and courtesy. Police Officers do not abuse their powers or authority and respect the rights of all individuals. Equality and Diversity Police Officers act with fairness and impartiality. They do not discriminate unlawfully or unfairly. Use of Force Police Officers only use force to the extent that it is necessary, proportionate and reasonable in the circumstances. Orders and Instructions Police Officers only give and carry out lawful orders and instructions. Police Officers abide by police regulations, force policies and lawful orders. Duties and Responsibilities Police Officers are diligent in the exercise of their duties and responsibilities. Confidentiality Police Officers treat information with respect and access or disclose only in the proper course of police duties.

Fitness for Duty Police Officers when on duty or presenting themselves for duty are fit to carry out their responsibilities. Discreditable Conduct Police Officers behave in a manner which does not discredit the police service or undermine public confidence in it, whether on or off duty.

Police Officers report any action taken against them for a criminal offence, any conditions imposed on them by a court or the receipt of any penalty notice.

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Challenging and Reporting Improper Conduct Police Officers report, challenge or take action against the conduct of colleagues which has fallen below the Standards of Professional Behaviour. The Regulations cover the procedures to be followed for bringing formal misconduct proceedings. The Standards and the outcomes available for a breach ensure that members of the Special Constabulary behave in a proper manner both on and off duty, and that they are accountable for their actions in the same way as members of the Regular Force. The available outcomes for a breach of the Standards of Professional Behaviour are: - Management Action Management Advice Written warning Final written warning Dismissal from the Special Constabulary

For further information and explanation please visit the Professional Standards webpage on the Force Intranet.

3.5 Role of Special Constabulary

The aim of the Special Constabulary is to support the regular police service in providing a high quality policing service to everyone in Derbyshire. Our Policing purpose is to: - Prevent and reduce crime Attack criminality Protect vulnerable people Provide reassurance Deliver value for money

The core role of the Special Constabulary is to provide ‘added value’ support to the regular police service, by visibly and positively engaging with the local community. The Special Constabulary is primarily aligned to Response, LPU’s or local Safer Neighbourhood Teams Special Constables will: - Fulfil the duties of police officers in line with their training and part-time

involvement; Acquaint themselves with the geography and community of the Divisions in which

they serve and the policing objectives of that Division; Obtain a working knowledge of law and police procedures and; Apply sound judgement in exercising their powers in line with the objectives of their

Division. The key aim of the Specials programme is to ensure each officer’s individual development needs are met and a variety of deployment opportunities are provided. This then leads to a committed team of Special Constables that are highly motivated and more likely to achieve added value to the team.

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3.6 Acting-up to a higher rank To be eligible to act up to a higher rank officers must: - Have their Independent Patrol Status; Regularly meet the minimum 16 hours per month requirement; Have successfully passed their probationary period; Have shown a desire for promotion and displayed an aptitude for

supervision/management; Be supported by their line manager and S/Inspector; Have a good performance record and not be subject to an ongoing discipline

enquiry; The acting up is part of an action plan to develop the Special Constabulary for

future promotion; Be up to date with their OST and E-Learning.

3.7 Specials Sergeants

Specials Sergeants are first line supervisors. In addition to being able to fulfil the role of Special Constable they are responsible for: - Supporting the regular constabulary in providing a uniformed presence in the

community which includes, community contact, education, reassurance, directed patrols and an information source;

Providing support and assistance at galas, sporting events, pop concerts and other such similar events;

Leading the policing operations of the Special Constabulary and assisting with the deployment of resources;

Providing support and guidance to new and existing Special Constables and facilitating opportunities for them to meet their required competencies;

Continuously liaising with regular constables and sergeants encouraging best use of the Special Constabulary within Divisional Policing Plans given the competencies and training of the officers available;

Actively promoting the standards of professional behaviour as defined in the police conduct regulations, ensuring that all special constables are fully briefed on the required standards;

Actively encouraging recruitment whenever the opportunity presents; Appraising the performance of Special Constables, and ensuring that personnel

records are kept up to date; Ensuring Specials under their supervision are: -

o Up to date with their Officer Safety Training o Up to date with their NCALT E-Learning o Contributing 4 hours a week, 16 hours a month o Working toward their IPS completion.

3.8 Specials Inspector

To lead and manage Specials Sergeants and Special Constables on the Division, working with the Specials Portfolio Inspector. Duties will include:

Ensuring effective communication will all Divisional Specials, particularly the

communication of Divisional and force information; To organise and control the availability of Special Constables, including monitoring

of duty hours and initiating procedures for inactive officers;

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To manage performance, training and development needs and morale and welfare matters;

To ensure the introduction and use of the Duty Sheet system and the Special Constabulary policy;

To co-ordinate, lead and plan Special Constabulary initiatives and to manage operational initiatives in partnership with regular managers;

To liaise with regular Inspectors and Sergeants to ensure that the Special Constabulary supports the needs of the Division and the individual Sections;

To improve performance through promoting and valuing diversity; To uphold the Force’s values.

3.9 Promotion Process

Promotion to the rank of substantive Specials Sergeant will be open to special constables who: -

Regularly meet the minimum 16 hours per month requirement; Have successfully achieved their Independent Patrol Status (IPS); Have been IPS for a minimum of 12 months; Up to date with their Officer Safety Training; Completion of NCALT Training packages.

The promotion process will consist of a force wide advert and the completion of expressions of interest form. A select list of those who pass the paper sift will be held for when vacancies arise across the force area. Successful candidates will perform a minimum of 6 months A/S/Sgt duties and complete the leadership PDP via Duty Sheet throughout that period. This PDP needs to be completed within 18 months unless there are exceptional circumstances. Non completion of this process may result in an A/S/Sgt being returned to the rank of SC. S/Inspectors need to review the progress on a 3 month basis. Upon completion of the PDP the candidate will be further assessed using the continuation on the same form in conjunction with the leadership PDP, Duty sheet and any other relevant information. Again this will be done independently by the Divisional S/Insp and a regular officer at the rank of sergeant or above. Repeat boards will be held when the current select list is exhausted. Acting Special Sergeants prior to the formal substantive selection process Acting Special Sergeants can be put in post by their Special/Portfolio Inspectors prior to formal substantive selection processes where they feel it is appropriate to do so. This gives an opportunity for the officers to gain experience and examples for future promotion and development.

3.10 CiP Manager Based at Force Headquarters this post is responsible for driving business change with regards to the use of Special Constables, and implementing best practice to ensure this part of the organisation is used in an effective and efficient manner. Duties will include: -

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To support the co-ordination of the Special Constabulary procedures and processes;

To give advice and direction at both the regional and national level and to act as the single point of contact for Special Constabulary issues;

To explore the fast-tracking of Special Constables and developing their use within specialist departments;

Attendance at regional and national meetings and working with statutory agencies; To be responsible for the development of strategic plans for the Special

Constabulary and in regards to under represented groups; Development of a skills audit and monitor training procedures; Delivering the corporate message to Special Constables and officers; Being the link between the portfolio Inspectors and the Volunteers Project lead; To ensure the correct handling of the Check-In process for Special Constables; To be responsible for the development opportunities for Special Constabulary

Officers; Managing the application of the governance structure to ensure actions are

undertaken and a corporate message is developed; To be the force responsible officer for Duty Sheet and ensure its appropriate use; To be responsible for the Special Constabulary budget. Please refer to Appendix A Memorandum of Understanding for an outline of the working relationships and roles and responsibilities of special and regular officers.

3.11 Special Constabulary Coordinator

To support the co-ordination of the Special Constabulary procedures and processes to support consistency force wide;

To be the SPOC for Special Constabulary issues at a local, regional and national level;

To develop tactical plans against the agreed Citizens in Policing (CiP) objectives for the Special Constabulary;

To develop and implement development opportunities for Special Constabulary Officers;

To support and develop robust central practices.

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3.12 Volunteers Project Team

To deliver the expansion of volunteering opportunities, a dedicated project team consisting of the below have been established to enable the successful delivery of the project in a timely and efficient manner.

CiP Manager

VPC Cadet Coordinator

4. Policy Statement

Derbyshire Constabulary recognises the significant contribution the Special Constabulary makes to policing the county in support of regular officers. The force is committed to supporting all those who volunteer to ensure that developmental needs are met and a variety of deployment opportunities are provided.

5. Procedures

5.1 Recruitment and Training

5.1.1 Introduction The HR Service Centre is responsible for the administrative process for recruiting Special Constables. Special Constables are recruited via the National Special Constabulary Recruit Assessment Process. Full details can be found on the College of Policing Website.

The full recruitment process, from application to acceptance or refusal should take no longer than 12 weeks, depending on the applicant’s ability to attend appointments and personal circumstances. Applicants should be aware that there is competition for training places and there may be a wait for a place on a training course. Applicants must be either: -

PSV Divisional SPOC

Project Lead Superintendent

Police Sergeant Special

Constabulary Coordinator (temporary

secondment)

Admin Support Officer

Police Support Volunteer Co-

ordinator

ESP Coordinator

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British subjects. Commonwealth citizens whose stay in the UK is not subject to restriction; Citizens of the Irish Republic; A Citizen of the EU or other states in the EEA or; Foreign National with indefinite leave to remain in the UK.

Applicants must also be: -

Aged at least 18’

(whilst there is no upper age limit, candidates must be in good health and able to satisfy the Forces’ fitness, medical and eyesight standards). Physically and mentally capable to carry out the duties required of them.

The Home Office sets the standards for eyesight, which are the same as those for regular officers.

The cost of any optician’s report, as may be required, will be reimbursed to applicants after their appointment, up to a value of £20 which can be claimed on a form 307. In order to keep our records up-to-date (in view of you potentially driving police vehicles) you will need to complete Form 2851B and take this along to the optician. The completed form 2851B should then be forwarded to the HR Policy & Wellbeing here at HQ.

The medical and eyesight standards can be found on the website www.policecouldyou.co.uk under the ‘Am I Eligible’ section of the Police Officer Recruitment page.

5.1.2 Vetting

The ACPO/ACPOS National Vetting Policy states; The purpose of the residency rule arises from the requirement to vet all

applicants in an equitable manner. This is due to the fact that the UK Police Service does not currently have any means of facilitating vetting enquiries overseas to the extent required for those who have been resident in the UK. National Police Improvement Agency (NPIA) Circular 01/2010 very clearly states that applicants who cannot be vetted cannot be appointed.

The purpose of the residency criteria is to ensure that applicants have a

checkable history in the UK to assist Chief Constables in discharging their obligation to run an efficient and effective force. Additionally, the criteria provides some reassurance when considering the Health and Safety of their staff and the public. Neither duty can be fulfilled if the Chief Constable is incapable of assessing the honesty, integrity and reliability of their appointees against the information, or lack of information, available.

For Force Vetting, the following minimum periods for UK residency apply:

Recruitment Vetting 3 years (including Special Constables)

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5.1.3 Ineligible Occupations There are certain occupations which are deemed unsuitable to hold the position of Special Constable either due to legislation or the potential to abuse the powers of a police officer on or off duty.

The College of Policing has issued guidance to employers to help minimise the risk when appointing Special Constables.

The guidance is split into three categories: -

1. Occupations where staff are ineligible to be appointed as Special Constables e.g.

Police Community Support Officers (PCSOs);

2. Occupations where staff are eligible to be appointed subject to the agreement of their employer and at the discretion of the Chief Constable; and

3. Occupations where staff are eligible to be appointed subject to careful scrutiny by

the Chief Constable e.g. police staff employed by this or another police force. Further information on occupational eligibility can be sought from the HR Service Centre.

5.1.4 Applying to the Special Constabulary Members of the public should check the Force’s website to find out if the Force is recruiting. If so they may open a recruitment application via our e-recruitment Portal.

Completed application forms will be checked by HR Service Centre for eligibility and receipt acknowledgements sent to the applicants. Following pre-sift of the applications, CBQ’s are scored externally. Unsuccessful applicants will be informed at this stage. Successful candidates will also be notified at this stage and the candidate is to assess if they are available for all training. Candidates then move onto the assessment stage.

5.1.5 The Special Recruit Assessment Process

The Specials Recruit Assessment centre is usually at Ripley HQ and lasts for around 3 to 4 hours. This involves; Written and Group Exercise. Formal ID Check. Pre - employment forms. PFF Document.

5.1.6 Successful Candidates Successful candidates will be updated by HRSC and invited to undertake Pre-employment checks;

Take biometrics Take drug tests Fitness test (Max 3 attempts).

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Conduct medical screening. Process vetting checks. Send for references.

5.1.7 Unsuccessful Candidates Unsuccessful candidates may be eligible for 2 attempts with a minimum of 3 months for a retake. HRSC will also provide a feedback form.

5.1.8 Specials Allocation

The process of allocation to a policing section is as follows:- 1. All new starters are recorded on the system as being posted to HR. 2. A divisional preference sheet is sent with the offer letter to the applicant asking

them where they would prefer to be posted. Where possible consideration will be given to the working location preferences. However, the Chief Constable reserves the right to allocate special constables within the county of Derbyshire if it is in the interests of the operational requirements of the Force.

3. The HR Recruitment Team maintains a data base to record the responses from the applicants.

4. Once collated, this information is sent to HR Workforce Planning. 5. HR Workforce Planning discuss these with the local Portfolio/Special Inspectors so

that they can speak to the applicants about their preferences and operational force requirements.

6. Portfolio/Special Inspectors complete the allocation grid with location and line manager information (against their divisional gaps). This is then returned to HR Workforce Planning.

7. HR Workforce Planning copy and paste information into the grid (S Drive) with position number so that the changes are then reflected onto the Gateway System, prior to Attestation.

8. At this point, HR Post Employment will inform the Specials Trainer, Special Constabulary Manager and the Awards and Event Co-ordinator, Corporate Services of confirmed posting.

5.1.9 Special Constabulary Initial Training Programme

New recruits are expected to complete the Special Constabulary Initial Training Programme held at the Force Headquarters Training Centre, Ripley.

Wherever possible, training will be delivered at weekends to minimise disruption to full/part time occupations or studies, although occasionally alternative formats are offered. This being a two week Monday to Friday course with 6 additional weekends. Dates will be notified to candidates before the training starts.

The initial course takes 22 days and consists of class work, including group work, home study and role plays. Candidates are required to attend all training dates. In addition to this the Induction day normally takes place on the Friday prior to the commencement of the course.

Attestation takes place at the end of the course so individuals will not be allowed to perform on duty until the course has finished. The Attestation is normally held on the

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Monday evening following the last day of training. The Attestation takes place in the Multipurpose Hall at Force Headquarters where guests are invited to attend the ceremony.

Divisions should encourage new recruits to visit their section and team during the training period in order to make them feel welcome and help integrate them into the Section and their Safer Neighbourhood Team. Time for students to visit their relevant sections is incorporated into the training programmes.

In addition, all Special Constables will be issued with a welcome booklet which contains information relevant to the Division they will be based at.

Whenever possible, Special Constables will be posted to the Division of their choice.

Recruits will be assessed throughout the programme. Non-attendance due to sickness or other forms of absence will be communicated to the HR Service Centre for updating of IT records. Transferees from other forces will be required to attend and complete the full training programme.

Some recruits (transferees from other forces) will complete a training needs analysis with a trainer from the Force Training Centre and based on this will be required to attend any relevant modules on the course. They will also be required to attend the Attestation Ceremony.

Special Constables who have not attended duty for 12 months will be required to undergo a training needs analysis conducted by a member of the Force Training Centre. This may result in the Special Constable undertaking the full Initial Training programme. Whilst undertaking Initial Training students: - • Are asked to follow a smart casual dress code until uniform is issued; • Must wear ID badges at all times until uniform is issued; • Must telephone their trainers or the HR Service Centre if they are unable to

attend any of the training days; • Are expected to uphold the Derbyshire Police Code of Conduct and adhere to the

Force 5 core values. Any unacceptable behaviour could result in the individual being asked to leave the course.

The initial training course compromises the following: -

Induction day

This marks the beginning of the formal training. Students will get to know class trainers and other students in greater depth and are provided with further details of the Special Constabulary and the Initial Training course. Uniform is usually issued on this day.

Topics covered in the initial programme are: General Police Duties, Evidence and Procedure, Crime and Roads Policing.

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Officer Safety Training

Under the supervision of Public Order Trainers students will learn how to use the rigid police handcuffs, baton, Captor Spray and learn about the legal obligations around the use of force.

First Aid

The first aid training is covered in one day and is split into two parts. The first looks at scene management of a road traffic collision, CPR, recovery position and causes of unconsciousness. The second half is wounds and bleeding followed by general illnesses. Students are required to undergo an assessment at the end of the training.

Airwaves Radio Training Airwave Radio training is given which covers the use of the Police Radio, Airwave status codes followed by students being given practical tasks using their Airwave Radio. This is followed by a visit to the Contact Management Centre (not necessarily on the same weekend) which gives students a tour of the building and information on the Contact Centre and Control Room by a supervisor. They are then given the opportunity to sit with an Operator for a short period of time.

Information Training

This training will introduce students to key police computer systems used within the force including Duty Sheet (a bespoke Specials Duty Management System).

Safer Neighbourhood Training.

Students will receive inputs on Neighbourhood Policing which includes anti-social behaviour problem solving, Persons Susceptible to Harm and the use of Restorative Justice.

Final weekend

A final written examination takes place which students will be required to attain 60% pass mark. On the following day students will be practically assessed and will be required to pass the final practical assessments.

5.1.10 Attestation

Attestation is not automatic but subject to the candidate achieving the required standards of development.

A candidate will not be allowed to attest and become a Special Constable if there is evidence of them: -

Not attending the training without due cause Not reaching the required level of development during the initial training Not displaying the appropriate attitude required of a constable. Each case should be reviewed individually and if the trainers have any doubts regarding an individual’s abilities or attitude these must be reported. Reasonable efforts will be

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made to assist the individual, but if this is unsuccessful their involvement in the programme will be terminated.

The Attestation draws the training programme to a conclusion. Specials will be Attested into the office of Constable and receive a warrant card from the Assistant Chief Constable.

5.1.11 Independent Patrol

A newly trained Special Constable must complete a Police Assessment of Competence (PAC) which usually takes around 12 months. When this is completed and signed they are then fit for independent patrol.

Special Constable – Independent Patrol Status Definition

“Independent Patrol Status is achieved when an SC officer is determined to be competent to patrol effectively alone”. Achievement of status will be determined by the SC Managers to agreed criteria. This process will be subject of quality assurance checks.

5.1.12 Further Training Courses

Special Constables will be required to complete relevant e-learning packages as directed by the Force. Special Constables will be required to complete on an annual basis the Officer Safety and First Aid Refresher Course. Special Constables will also be encouraged to attend any training offered by their relevant Division.

5.1.13 Volunteer Agreements

All Special Constables are required to complete a Volunteer Agreement during their training period, which sets out their conditions of service. These should be signed and returned to the HR Service Centre for attachment to personal files.

5.2 Operational Procedures

5.2.1 Introduction

The Special Constabulary can be called upon to help police during times of public emergency or to volunteer for duty at other times when required.

Unless directed to undertake additional duties under emergency powers legislation, Special Constables will not be asked to undertake duty at times which interfere with their full time or part time employment unless their employer consents to do so. Where possible Divisions should identify in advance the days and times when Special Constables are required for or can attend for duty, taking account of their availability. Special Constabulary service is voluntary and officers should not in any way feel compelled to perform a particular duty.

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5.2.2 Police Staff working as Special Constables Derbyshire Police encourages and supports its staff members to become Special Constables. The only exception is PCSOs, who are barred from becoming Special Constables under National Regulations. Police Staff who work in public facing roles will not be posted to the same Division where they work as this can lead to confusion and present a conflict of interest.

Roles where this would apply include Detention Officers, Enquiry Officers and Witness Care. Staff working in non public facing roles may be posted to the same Division or area as the one they currently work on. If a Police Staff member wants to become a Special Constable they must: -

Sign a declaration stating that they have discussed their application with their

manager and agree not to use the additional powers granted to them as a Special Constable during their paid employment (i.e. will not put themselves on duty as a special constable at any time when they are working in their police staff capacity);

If a situation arises during the course of their paid employment which may result in a conflict of interest, they will immediately bring this to the attention of the supervisor;

Understand that if they work in a critical role, e.g. control room operator, their priority is to perform paid employment. Any deviation from this will be managed locally on a case by case basis subject to the exigencies of duty; and

Have their manager endorse their application form to endorse that the above is understood by the applicant.

If a Police Staff member is appointed as a Special Constable they will be given a separate email address so it is clear in which capacity they are sending emails. They will additionally have a separate Special Constabulary ID warrant card and should only use this ID card when conducting themselves under the regulations of the Special Constabulary.

5.2.3 Time Off for Training Police Staff Specials

Derbyshire Constabulary employs a number of police staff who are also Special Constables. Whilst recognising that the day to day roles performed by these employees are vital to efficient working, the force accepts that the training undertaken for the Special Constabulary is essential. For this reason, police staff who also volunteer as special officers will wherever possible be permitted to take paid time off from their usual role to attend Special Constabulary training courses. These are as follows: -

Initial Training Programme – a one off course completed upon joining. There are

three options for completion: -

Course A – run over a 4 week period, full time, Monday to Friday plus one assessment weekend.

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Course B – run over 11 weekends, consisting of 5 consecutive weekends followed by one weekend off then 4 consecutive weekends followed by one final assessment weekend. Course C – run over a 2 week period, full time, Monday to Friday, followed by 6 consecutive weekends including the assessment weekend. It should be noted that a blend of both week and weekend modules may be possible.

Refresher Training – This falls in line with regular officer personal safety and first

aid training. This is a two day course run on an annual basis and consists of the following three elements: -

Annual Police Fitness Test (Level 5.4); Half a day first aid training, and; One and a half days (1½) personal safety training.

Please note: officers attending the course, must pass the fitness test to remain for the personal safety element. However they would be allowed to complete the first aid element. Anyone failing the fitness test will be given support and a development training program by the Officer Safety Training Department to help them towards achieving the required standard.

In addition to the above, staff will be allowed a further two days (annually) for other training in relation to their role as a special constable and will also be required to complete ad hoc e-learning packages via the study. It is the responsibility of the police staff member to keep their line manager fully informed and provide details of forthcoming scheduled Special Constabulary training dates as soon as possible. Line Managers of employees who work a shift system and are required to attend training for the Special Constabulary will adopt a flexible approach and endeavour to allow the change of shifts to enable the employee to attend training. As with all courses, attendance will always be subject to the exigencies of duty and Line Managers will retain the discretion to refuse attendance and defer to a future occasion when the absence can be better managed.

Police Staff must agree a training plan with their Line Manager which will reduce as far as possible the time away from their police staff role.

5.2.4 Employer Supported Policing (ESP) Leave – Guidance for Police Staff and

Managers Background

Employer Supported Policing Schemes (ESP) can widen public awareness of police work and develop relationships between employers and police forces. An additional outcome may be to increase initiatives run with employers thus working towards ‘our duty’ of protecting our communities by reducing crime and disorder. To demonstrate our commitment to the ESP Scheme, Derbyshire Constabulary has agreed to give their police staff who are Special Constables up to 8 hours a month and

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up to a maximum of 96 hours in any 12 month period to perform policing duties as a Special Constable. Aim This document provides guidance to Police Staff who are Special Constables in relation to their entitlement to “employer supported time off” and to their line managers who are responsible for the police staff employee. This guidance should be read in conjunction with Police Staff Terms and Conditions and Police Visual Handbook. Entitlement Police Staff who are Special Constables are entitled to an additional 8 hours per month paid leave to carry out Special Constabulary duties and training. These employer supported days are to be used for Special Constabulary purposes only and can consist of both operational and training purposes. This additional time will only be granted if the individual has a satisfactory attendance and performance record in their police staff role. Police Staff who consistently complete 16 hours of operational duty as a Special Constable per month will be eligible to apply for ESP. This grants 8 hours per month paid leave towards Special Constabulary duties and training. The police staff member will produce evidence to their line manager that this has been undertaken by means of Duty Sheet records. Entitlement will be pro rata for part time staff, (e.g. a staff member employed to work 18.5 hours per week will be entitled to 4 hours employer supported ESP leave). If employer supported leave is cancelled by the line manager, alternative hours should be offered at a more convenient time. Where employer supported days are worked any mileage expense which is additional to that which would normally be incurred by the individual attending their Police Staff place of work can be claimed. This procedure does not afford employees an ‘absolute’ right to paid time away from work for Special Constabulary purposes. ESP is a ‘qualified’ right and will be considered in accordance with the provisions of the procedure. Before requesting ESP leave the employee should give consideration to the requirements of the business to meet operational needs within their Police Staff role. How to Claim ESP Leave 1. ESP Volunteer Agreement In order to participate in the ESP Scheme a Police Staff Special Constables ESP Volunteer Agreement must firstly be signed and sent to the HR Recruitment Team, HQ. The relevant form is available from the Specials Intranet page. This form is held on file and once submitted makes the staff member eligible to send in a request for ESP leave.

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2. Submit a request Requests for ESP leave are to be submitted to the line manager of the police staff member in writing, with at least 15 days’ notice. 3. Line manager approval ESP leave can only be taken with the agreement of the police staff’s line manager after consideration of organisational and departmental requirements. If a manager has difficulty with providing adequate cover for a full day, the ESP could be split into two equal shifts on different days. This is a balanced approach to ensure ESP leave is granted and departmental effectiveness maintained. A line manager may cancel an ESP leave request with no less than 7 days’ notice with the appropriate justification for cancellation. In such circumstances the original duty should be reassigned. 4. Recording the hours The staff member will record the awarded time on their flexi sheet or other appropriate official recording system as ESP leave. All ESP duties must be recorded using the facility within the Duty Sheet Recording System i.e. when booking off by recording the duty selecting the “Employer Supported” option within the “Operational” categories option within the booking off screen and providing a record of the duty details to their line manager.

5.2.5 Duty Sheet Duty times performed by Special Constables must be recorded on Duty Sheet. A Special Constable is deemed ‘on duty’ while: -

Patrolling or performing other duty as a special constable; Not performing their Specials duties they come across an incident which

necessitates them to exercise their powers as a Special Constable. This must only be done in cases of real emergency where there is a risk to the safety and interests of the public. A full report of the circumstances should be submitted to the divisional nominated Chief Inspector as soon as possible;

Travelling to or from a place of work where the Special Constable has been performing duty.

Individual Specials are responsible for ensuring they are booked on and off duty. This is necessary to keep an accurate record of available resources and to ensure the safety of Special Constables.

Specials Sergeants will have responsibility for reinforcing the use of Duty Sheet and will undertake appropriate monitoring to ensure that Special Constables adhere to the Force policy.

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5.2.6 Performance Management

The Duty Sheet Database is designed to capture the activities and undertakings of the Special Constabulary whilst on duty. Special Constables are required to complete Duty Sheet at the conclusion of their tour of duty.

The information contained on Duty Sheet is used to provide regular updates to the College of Policing, HMIC, regional, national and ACPO Steering groups on the work of the Special Constabulary, and internally to promote the excellent work of the Specials.

The duty hours of the Special Constabulary can be viewed via Duty Sheet. The performance data is vital in measuring the contribution of the Special Constabulary as it demonstrates value for money and illustrates the significant role the Specials play in policing Derbyshire.

The statistics document on Duty Sheet allows each Division to measure how well they are managing their Specials in terms of: -

the number of Specials that fulfil their monthly commitment; the number of hours that Specials do and; the monetary value of this to the Force; operational deployment.

The various charts in this section allow for visual comparisons between Divisions and help identify any areas for improvement.

5.2.7 Check-In (CHECK-IN)

CHECK-INs will be undertaken on average four times per year between the employee and their line manager. CHECK-IN process provides a key opportunity to explore personal performance, career aspirations and any development needs. Refer to the check in process on the intranet.

5.2.8 Tasking and Deployment

The Force Special Constabulary Manager and Divisional Commanders have responsibility for ensuring that the Special Constabulary is fully integrated with the regular Constabulary and utilised to maximum effect. Effective integration can be demonstrated by: - Involving the Special Constables in solving identified Divisional or Force objectives; Recognising the unique community involvement that the Special Constabulary

represents; Making Special Constables feel valued as members of the Derbyshire Constabulary

policing family.

To achieve this Divisional Commanders should consider inviting a Specials Inspector or a nominated deputy to attend appropriate divisional management meetings. The demands made on the Special Constabulary must be realistic and should therefore be set within a framework of force priorities.

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The primary tasks to be undertaken by Special Constables fall within the following areas of responsibility: - Prevent and reduce crime Attack criminality Protect vulnerable people Provide reassurance Deliver value for money Whilst Specials are primarily deployed locally, they will also be given the opportunity to be involved in specific force, regional and national initiatives. These initiatives give the Specials a chance to work together and to make a valuable contribution towards meeting force strategic needs and national key theme areas. Whilst the training received by the Special Constabulary dictates the type of duties they can be engaged on, bespoke training can be arranged if required to meet a specific need. Designated Inspectors, Sergeants and Specials have supervisory responsibilities for the Special Constabulary within their Divisions. Special Constables will not go out on patrol until they have been fully briefed and tasked by the Special or Regular Sergeant or Inspector. For safety reasons, Special Constables who have not achieved their independent patrol status are not allowed to be deployed with PCSOs. They must ensure until they have achieved IPS they are accompanied by and IPS SC officer or regular officer. It is appropriate that, for individual personal development and/or to meet operational competencies, Special Constables will need to undertake duties with other police units, to increase their skills and awareness of policing roles.

5.2.9 Duty elsewhere

When a Special Constable is on duty away from their usual place of duty, they must record details (including travelling times) in their pocket note books. Details recorded must include: - the time in which they set off to the other place of duty and; the start of the return journey back to either their usual place of duty or their home

address.

This applies to: - recruits in training and any training conducted away from the parent Division and; those officers who, by prior arrangement, have authority to perform an attachment at

another Division. 5.2.10 Hours of Duty

Hours of duty should be long enough for Special Constables to be able to make a useful contribution to their Divisions, but must not be excessive to harm the Special Constable’s welfare.

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For Derbyshire Constabulary a tour of duty is normally 4 hours. Special Constables are expected to perform a minimum of 16 hours policing duty per month. Occasionally Special Constables may perform duty for shorter periods for example, for training reasons or for the completion of paperwork and reports, or for more lengthy periods at special occasions, for example ceremonial events. There is no upper limit to the number of hours that may be worked by a Special Constable however the welfare of the individual should be borne in mind as well as the needs of the service. Working Time Regulations should be taken into account and the hours worked by each Special Constable must be monitored by supervision through Duty Sheet. In addition, Special Constables who have completed initial training are expected to regularly attend and satisfactorily complete continuing training classes at Divisional training days or at the Force Training School.

5.2.11 Aid Requirements

On occasions Divisions support each other or the force by supplying individuals or serial(s) comprising wholly of Special Constables or Regular Officers as aid for operations or events. Where there is a need for public order trained officers, only those Special Constables suitably trained will be utilised.

Support resource requests will be generated by Operational Planners within Operational Support.

5.2.12 Contingency Planning

The Special Constabulary can provide a valuable support in times of crisis or emergency, particularly when regular officers are abstracted for other duties.

Divisional Commanders should ensure that the Special Constabulary is included in business continuity and contingency plans for their Division, and that a robust call out system is in place should the need arise to call them to duty at short notice.

In the event of a major emergency, call out will be coordinated by Operational Planning.

In support of this all Special Constables must ensure that their contact details are maintained. This must be done by updating Duty Sheet and also emailing the HR Service Centre.

5.2.13 Driving

This section should also be read in conjunction with the Force driving policy. Special Constables may be authorised to drive low performance police owned or insured vehicles to maximise their ability to deliver a local policing service. This must be in support of, and not to the detriment of, regular police officers and police staff. The Force has decided that anything that is covered by Category B on a driving licence will no longer be assessed at basic level by Driver Training School. This change does not alter the policy decision that SC officers are not permitted to conduct compliant stops, respond to incidents using emergency lights and sirens or pursue vehicles. However emergency equipment can be used whilst stationary for reasons of safety.

The authorisation to drive is dependent on the below restrictions: -

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If an Independent Patrol Status SC officer has Category B they can drive standard

vehicles without a basic driving assessment, but not vehicles that require an advanced driving authority.

If officers who currently have Independent Patrol Status wish to drive but haven’t

previously undergone a basic assessment drive, they need to inform their respective Special /Sgts who must check their driving licence, record this check on the officers Duty Sheet account in the specific skills section and arrange for them to have a familiarisation session with an existing authorised driver SC or regular officer who can explain daily vehicle safety checks, vehicle logs and procedures. Also refer to the document section on Duty Sheet for the.

Prior to driving officers must also complete the RISS single lane closure NCALT

package and provide a copy of that certificate to their S/Sgt for attachment to their Duty Sheet record. Also refer to the document section on Duty Sheet for the daily/weekly check list and procedures.

Non IPS SCs officers will only be authorised to drive once they become IPS and

complete the above checks. This will have little, if any operational impact as it is policy that you must patrol with an IPS SC or regular officer at all times.

5.3 Non Operational Procedures 5.3.1 Warrant Cards

Whilst undergoing Initial Training, recruits will be issued with a temporary visitors pass allowing them access to the Force HQ site. The temporary pass must be handed back once the officer is issued with a warrant card.

Special Constables are issued with a warrant card during the Attestation Ceremony. The warrant card is evidence of the holder’s status as a Special Constable.

Special Constables are required to carry their warrant card at all times and display it when inside police premises. Whilst officially ‘off duty’ a Special constable can put themselves ‘on duty’ in order to deal with an incident. However this should only be in exceptional circumstances, for example to ensure their own personal welfare and safety, or that of anyone else present.

Unauthorised possession, use, retention, alteration, destruction or the transfer to another person of a warrant card are all criminal offences.

Warrant cards must be surrendered if: -

A Special Constable takes a service break of six months or more; A Special Constable is suspended; On leaving the Special Constabulary.

Each Special Constable is responsible for the safe keeping of their warrant card. Should it become lost, stolen or damaged the Special Constable must notify their line manager as soon as possible who in turn should contact Force Security.

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5.3.2 Uniform

Uniform for the Special Constabulary will be issued in accordance with the Force’s agreed allowances of uniform. Arrangements for uniform fitting will be made by the HR Service Centre during the recruitment process. Uniform will be issued early in the training period. Special Constables requiring replacement uniform should check with Stores to see if they are entitled to the items being requested. The stores department will check the entitlement and volume of issue and if a Special Constable is not entitled or has exceeded the annual allocation the request will be rejected. Under no circumstances must uniform be worn when off duty. In normal circumstances uniform should be carried to and from the normal place of duty or else safely secured on police premises.

5.3.3 Recovery of Uniform

Should a Special Constable retire or resign then all articles of clothing, equipment, warrant cards and security passes must be handed to the line manager who must ensure that all items are recovered.

The line manager must send all uniform to HQ Stores with a completed form 21 so that it can be destroyed or reissued.

Should a Special Constable join the regulars then they will be expected to retain the uniform issued to them as a Special. Replacement items will be given if any items of clothing are worn or damaged.

Stores are responsible for ensuring that Special Constables are included in any new issue of equipment, uniform and appointments.

For further information regarding uniform please contact HQ Stores.

5.3.4 Dress Code

It is important that Derbyshire Police portray an image that instils confidence, credibility and respect in the public we serve.

It is the responsibility of each manager and supervisor to ensure that their officers / staff present the appropriate professional and reassuring image to the public. In addition, it is important that officers / staff present a professional image to their colleagues.

While this policy and procedure deals with the general principles of uniformity the Force recognises that there may be variances and will make every reasonable effort to accommodate variations in dress for religious and cultural reasons.

Full details of the Derbyshire Police Appearance standards can be found on the Force Intranet.

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5.3.5 Absence from Duty

Derbyshire Police acknowledge that Special Constables have to manage and fulfil various commitments outside of being a Special Constable. Consequently there will be times when a Special Constable may not be able to report for duty. If a Special Constable is unable to attend for duty as expected they must make telephone contact with their supervisor as soon as possible. Notes of any communication should be recorded on the officers Duty Sheet notes page. One off absences will be managed by the line manager. The line manager should negotiate a leave of absence or service break where more frequent periods of absence occur, are planned, or where a Special Constable has been absent and is unable to identify a return date.

The line manager should establish the reason why the Special Constable has been absent from duty and where possible make the necessary adjustments to encourage the individual to return to work. Actions/decisions should be recorded on the officers Duty Sheet account.

Should a Special Constable consistently fail to perform an adequate level of duty, the Portfolio Inspector will send a letter to enquire as to the reason and complete Force Form 2805. This form is then sent to the HR Service Centre for recording and commences a three stage process which can lead to the termination of the individual’s service.

5.3.6 Absence due to ill health

If a Special Constable is absent from planned duties due to ill health then it is their responsibility to make telephone contact with the supervisor and inform them of their absence. Notes of any communication should be recorded on the officers Duty Sheet notes page. Text message and email is not acceptable, other than in exceptional circumstances. If the Specials Sergeant is unavailable the Special Constable should contact the SNT Sgt or Insp.

The Special Constable should provide brief details on: -

Symptoms and condition; Why the illness prevents them from completing a tour of duty; Whether the absence is caused by an accident or injury at work; Anticipated return to work day; Full details of any work commitments.

During the period of absence the line manager must maintain regular contact with the Special Constable (frequency to be agreed between them) to gain an update of the condition and the expected return to work date. If the sickness absence continues then agreement may be sought from the Special Constable to be referred to Occupational Health for a medical assessment of the condition and any action necessary to assist recovery and return to work. If a Special Constable is absent due to ill health then the Force will make reasonable workplace adjustments to assist officers with medical conditions to contribute effectively and deal with their sickness in a sensitive manner. It is imperative that in such situations

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the appropriate risk assessments are conducted and that Occupational Health has been notified.

5.3.7 Injuries on Duty (Also refer to Appendix C NPIA 04/2010)

If a Special Constable receives an injury of any description while on duty, irrespective of whether the injury requires absence from duty, they must report it immediately to their line manager, who must ensure full details are provided via Gateway Self Service. The nominated Inspectors and appropriate police staff will provide the Special Constable with support and advice to meet their welfare needs and support in claims for compensation as set out in Police Regulations. Special Constables who wish to return to duty following a serious or long term illness or injury must supply a medical certificate stating they are fit to return to operational policing duties. This certificate should then be forwarded to the HR Shared Service Centre and their personal file updated accordingly. In cases where the officer cannot return to full operational duty, but is fit enough to undertake recuperative non public facing duties, HR Policy and Wellbeing must be made aware. It may also be necessary for a referral to be made to Occupational Health. A return to work interview must be undertaken in all cases.

5.3.8 Civil Claims

The Chief Constable is liable under s.88 of the Police Act 1996 for any unlawful conduct of Special Constables who are under his direction and control. If a claim is received, it should be passed to East Midlands Police Legal Services (Tel: 0300 122 5550).

5.3.9 Loss of Earnings

A Special Constable who is injured or becomes ill as a result of duty and, as a result, loses remuneration in his or her private employment, is entitled to an allowance by way of sick pay under the Special Constables Regulations 1965. This applies as long as the Special Constable continues to lose remuneration in his private employment and for a maximum period of 28 weeks at the rate of actual loss of remuneration.

If a Special Constable remains injured or ill beyond the statutory 28 weeks, they will be entitled to half the pay of their regular employment, or half pay of a police constable of 10 years service (this being the top of the pay scale), which ever is the lower. This additional period should not exceed 24 weeks, equating to a total of one year in entitlements.

Special Constables can also claim for loss of earnings if they have been recalled to duty during their normal work time during an emergency.

Full details of the Regulations and any applications for loss of earnings should in the first instance go to the Senior HR Business Partner (BCUs).

5.3.10 Pensions

The granting of a pension for injuries on duty to Special Constables is regulated by the Special Constables (Pensions) Regulations 1973 as amended. These regulations apply

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to the injury and other relevant provisions of the Police Pensions Regulations 1987 with modifications.

Special Constables do not pay pension contributions and are entitled to benefits only in the event of death or permanent disablement as a result of an injury received without default in the execution of duty as a Special Constable.

The benefits include:

An injury award A widow(er)’s special award A widow(er)’s augmented award A child’s special allowance A child special gratuity A dependent relatives’ special pension

The injury pension will vary according to the degree of disablement.

5.3.11 Special Constabulary Legal Insurance Scheme

The Special Constables' Legal Advice Service, administered by Arc Legal Assistance, provides the sort of cover that regular officers can receive by being members of the Police Federation of England and Wales. Funded by the College of Policing, the Special Constables' Legal Advice Service will provide all Specials with legal assistance and insurance.

The policy covers an extensive range of benefits and cover which include:- Crime – Pre Charge (Interview) Crime – Magistrates Court Crime – Crown Court Disciplinary Investigations IPCC Complaints Representation at Inquests Discrimination Civil Proceedings Personal Injury 24/7 Legal Advice Helpline ARC Legal Document Service

Further details of the policy and useful telephone numbers can be found on the Special Constabulary Intranet Section, within Operational Policing on the Force Intranet.

5.3.12 Misconduct

Derbyshire Police is committed to keeping all employees in productive employment and in circumstances where they can contribute to the delivery of quality policing services and to achieving the objectives of the Force.

The Police Officer Misconduct and Unsatisfactory Performance procedures apply to Special Constables, in the same manner as regular officers.

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Special constables who are alleged to have breached the Code of Conduct will be dealt with under the Police (Conduct) Regulations 2008 and 2012.

For full details of the regulations and Home Office guidance on Police Officer Misconduct and Unsatisfactory Performance procedures can be found on the Force Intranet.

5.3.13 Maternity

Should a Special Constable receive confirmation they are pregnant it is recommended they notify their line manager or Specials Sergeant as soon as possible. Once a Special Constable notifies their manager and this is supported by evidence of the pregnancy from a doctor or midwife, such as an appointment card, report or a certificate, a full risk assessment will be carried out by a suitably trained person. This is to assess whether any of the duties the Special Constable undertakes may put their own or the baby's health at risk. After the risk assessment has been carried out the Special Constable will be notified of the outcome. The decision as to whether it is appropriate for the Special Constable to continue in their normal role and / or perform all the normal duties of this role will be made in conjunction with the Special Constable and the line manager or Specials Sergeant. At this stage the Special Constable may need to seek the advice of their doctor especially if working in a confrontational role. If any of the risk assessments show that there is an identified risk to the Special Constable or the baby’s health then, where possible, steps will be taken to remove or reduce the risk. If it is not possible every effort will be made to find the Special Constable meaningful alternative work until the Special Constable or the baby are no longer going to be at risk. Special Constables may work for as long as they choose before the baby is born. On occasions, however, there may be a risk to either the Special Constable or the baby if they continue to work their normal hours whilst pregnant. If this occurs, consideration can be given to reduce hours.

Requests for Maternity Leave will be covered by the Service Breaks provision detailed at 5.3.14 of these procedures.

Prior to commencing maternity leave the Specials Sergeant will discuss with the Special Constable how contact will be maintained over the period of maternity leave. Consideration must be given as to what information the Special Constable would like to receive from the Force during this time.

Special Constables will be kept up to date of any changes at work by the originating Division whilst on maternity leave through letters, telephone calls and personal visits. It is also helpful if the Special Constable keeps in touch with the Specials Sergeant in case of any changes or issues which may occur.

On return to work from maternity leave a further risk assessment will be carried out in order to assess whether there is a significant risk to the Special Constable, in the same manner as detailed above.

Any amount of Maternity Leave will count towards length of service awards.

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5.3.14 Service Break

Serving Special Constabulary Officers must declare their intention to take a break in service writing to their supervisor. This should include the reason for the request and the intended duration of the service break. Notes of any communication should be recorded on the officer’s Duty Sheet notes page. The request will then be considered by the Divisional Portfolio Inspector. The service break should be for no longer than 12 months. If a period longer than this is requested it would be more appropriate for the officer to resign and apply again in the future as vetting and training will need to be updated prior to their return to duty. The officer’s potential for not returning should also be taken into consideration. Prior to the start of the service break, a firm date for return to duty should be agreed with the individual officer. Only if the service break is intended to last over 6 months should the warrant card and other equipment (but not uniform due to storage issues) be returned to the Divisional Portfolio Inspector or Special Inspector. There may be cases where the Portfolio Inspector considers it more appropriate to have all equipment and uniform returned if, for example, the officer is away from home or cannot guarantee its safety during the break in service. The circumstances should be considered on a case by case basis. The Divisional Portfolio Inspector or Special Inspector will instruct Shared HR Service Centre, Force Headquarters to amend the officer’s status as service break and update Gateway. Contact with the officer on service break should be maintained wherever possible at least every 6 months or more frequently if appropriate. It is important that notes of contact to be maintained on the Special Constabulary Duty Sheet. The Special Constable Officer should be contacted by the Divisional Portfolio Inspector or Special Inspector 2 months prior to the return to duty date. At this stage the circumstances of the service break can be reported to the Vetting Unit for a decision on whether re-vetting is required. During this 2 month period the vetting can take place if it is required. Also at this time the officer’s training record should be reviewed and refresher training organised. As with Regular Police Officers taking a career break, members of the Special Constabulary will continue to be regarded as serving police officers of the force and remain subject to Police Regulations and the Code of Ethics. Acts of misconduct committed whilst on a service break will be dealt with in accordance with Police Regulations. As such they are under a duty to report any changes in personal circumstances, involvement in legal proceedings or criminal investigations, allegations or convictions, as soon as it is reasonably practicable. Vetting Requirements Staff returning to duty from a service break will submit a full vetting application, including a declaration indicating whether or not they have come to the attention of the police or relevant Law Enforcement Agencies, through HR Policy and Wellbeing, prior to their return. The application should clearly state the length of time the member of staff has been on the service break together with the details of any time spent out of the country.

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If any adverse information likely to give rise to disciplinary action or misconduct proceedings is found or declared during the vetting process, the Force Vetting Officer will notify both HR and Professional Standards. Consideration will then be made as to any appropriate action to be taken.

If the adverse information relates to National Security Vetting, appropriate measures will be taken immediately.

5.3.15 Attachments

Special Constables are assigned to either an SNT, Patrol Duties or Operational Support. Attachments of up to 2 days can be arranged with other departments or units in order for officers to fulfil their competencies. Arrangements for attachments should be organised locally between the respective department or unit and the line manager.

It is sometimes necessary to attach Special Constables from one Division to another or a unit, on a temporary basis. Special Constables of any rank can go on attachments to assist with short term tasks, but they must be authorised by the relevant Division’s Chief Inspector. On completion of the attachment the Special Constable must return to their parent Division. Attachments do not include temporary promotions to another rank.

The line manager will ensure that Special Constables are aware of the details of their attachments, the duties and the date of their return.

An attachment may be extended or terminated at any time.

Requests from Special Constables from other Forces to temporarily work with Derbyshire Police will be considered on an individual basis taking into account their length of service, training and reason for the secondment.

5.3.16 Transfers between Divisions Any officer within the Special Constabulary may apply for a transfer to another Division.

When considering transfer requests line managers should take the following into account: -

legitimate reasons for transfer If appropriate to the circumstances, whether remedial action has been taken as an

alternative to transfer whether the transfer request is reasonable and justifiable

Applications for transfer must be made in writing and submitted to the Specials Sergeant or line manager for consideration. The written request must include reasons for transfer. The Specials Sergeant or line manager receiving the request should then contact HR Policy and Wellbeing who must liaise with Workforce Planning regarding establishment levels at the Division.

Formal approval for the transfer must be sought via the Police Officer Deployment Panel, and the outcome notified to Workforce Planning.

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5.3.17 Transfers into Force Transfers of Special Constables from other force areas may accepted at any time.

Individuals are required to contact the HR Service Centre for an application form. If successful, transferees will be asked to attend an interview at Headquarters. If the candidate is successful in the interview stage then they will undergo a full training need analysis by colleagues from the Force Training and Development Centre and depending on the outcome maybe required to attend the initial training course. Special Constables joining Derbyshire Police will not be allowed to carry their rank across; however, they will be able to apply for promotion.

5.3.18 Jury Service

Schedule 33 Section 321 of the Criminal Justice Act states that police officers, police staff and Special Constables are qualified to serve as jurors.

A Special Constable must tell the court official at once if they know: - The defendant A witness The judge An advocate A court clerk or A court usher Have any other connection with the trial

This may, or may not, exempt them from the case. This will be subject to a judicial decision.

Information on expenses payable will be provided by the court.

5.3.19 Attendance at Court

Special Constables required to attend court to give evidence in their capacity as police officers, will attend in accordance with notification from the Crown Prosecution Service or the officer in charge of the case. It is expected that officers will be punctual, clean and smart in appearance and be in possession of their pocket books.

When a Special Constable is required to attend court as a witness in their capacity as a police officer they should, unless otherwise instructed wear their normal operational uniform. The blouson / fleece should be worn during the winter period and cold weather, however, in summer shirt sleeves may be worn at the discretion of the Magistrate or Judge.

A Health and Safety risk assessment must be carried out in line with the protective vest policy by the officer’s line manager regarding the necessity to wear personal protective equipment. Protective equipment should not be worn when attending the Coroner’s Court, unless advised otherwise by HM Coroner.

When a Special Constable is required to attend court as a witness, but not in the capacity of a police officer, attendance will be in civilian dress.

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Any Special Constable who has concerns about attending court should be aware of the service provided by the Witness Care Unit, based within the Criminal Justice Department at Force Headquarters, which includes the opportunity for a pre-trial court visit. The Unit will ensure that all witnesses (and victims) will be spoken to after the first hearing to update them with the outcome and discuss what will happen next. A check will be made of any non available dates and any difficulties or problems they may have with attending. Any special measures required at court (screens and video link) will be considered and pre trial visits can also be arranged. If a Special Constable is reluctant to attend as a witness, the unit will explain what can be offered to assist them with attending.

All witnesses (and victims) are encouraged to look at an internet site which can be found on www.derbyshire.police.uk/victimsandwitnesses and provides further details about attending court and is a good source of information. All Special Constables who are required to attend court should familiarise themselves with the content of this site beforehand. Telephone numbers for the unit can be found on DELIA (Internal Telephone Directory).

5.3.20 Working Time Regulations

The Working Time Regulations, which came into effect on 1 October 1998, implement the European Working Time Directive as well as parts of the Young Workers Directive. They protect the:

Health of workers by restricting their hours of work Rights of those who are required to work beyond these hours

The Working Time Regulations apply to anyone who performs work for another party under a contract. This means that Special Constables are covered by the regulations.

This section gives a brief overview of the regulations and how they apply to Special Constables.

The regulations provide protection in a number of ways. They: -

Set a maximum average working week of 48 hours, excluding daily rest periods; Provide a rest period of not less than 11 consecutive hours in a 24 hour period; Provide an uninterrupted rest period of not less than 2 x 24 hour periods each 14

days; Entitle a worker, whose normal working time exceeds 4 hours, to a rest break; Detail the records which must be kept to demonstrate adherence to the regulations.

As a Special Constable, it is likely that employment with the Force is secondary. That is, Special Constables are also employed elsewhere on either a full or part time, paid or unpaid basis. This means that hours of work could exceed 48 hours on a regular basis.

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The regulations allow Special Constables to work more than 48 hours per week, provided that they give their consent in writing. Special Constables will be asked to sign a waiver agreeing to this effect. This will help ensure the Force complies with the legislation. Special Constables will also need to notify their other employers of the hours they work for the Special Constabulary.

The signed copy of the waiver and details of the Special Constables’ other employment will be kept on their personal file.

Special Constables can use the following formula to calculate the average number of hours you work per week: -

A + B / 17 = average hours. A = The number of hours Special Constables physically work over a 17 week period. B = Takes into account of any days Special Constables have been absent during the 17 week period because of annual leave, sick leave, maternity leave or leave of absence etc.

For every day a Special Constable was absent from work they need to include the total hours worked, for the same number of days, immediately after the 17 week period. For example, if they had five days annual leave and one day’s sickness during the 17 week period they should add in the working hours from the first six working days of the next period. Special Constables must be given adequate rest breaks on a daily and weekly basis. When Special Constables volunteer for duty every effort must be made to comply with the specified rest periods.

Any occasions where the Force breaches either the 11 hour daily rest or 2 x 24 hour rest per 14 days must be brought to the attention of the Specials Sergeant or line manager. In the event of a breach, Special Constables will be given equivalent periods of leave as compensation. The line manager is responsible for monitoring Duty Sheet and ensuring that these regulations are met.

5.3.21 Business Interests

If a Special Constable proposes to, or has a business interest that was not disclosed at the time of appointment, they must complete and submit Force form 627 in accordance with the Force Policy on Business Interests. In addition, if they become aware that a relative has or proposes to have a business interest which could, in their opinion interfere or be seen as interfering with the impartial discharge of their duties, they must report it in writing. Further information is contained in the full policy on the Force Intranet.

5.3.22 Promotion

Officers who have satisfied the criteria below can be considered for further progression within the role of a special. To be eligible officers must: -

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Regularly meet the minimum 16 hours per month requirement; Have successfully achieved their Independent Patrol Status (IPS); Up to date with their Officer Safety Training Completion of NCALT Training packages Have shown a desire for promotion and displayed an aptitude for

supervision/management; Be supported by their line manager and Inspector; Have a good performance record and not be subject to an ongoing discipline

enquiry.

The process for progression is that candidates will be required to complete an expressions of interest form once applications are advertised. Candidates will then be short-listed through to the next stage of the process based on the evidence contained within their application form.

Current acting Special Sergeants can fast track through these stages providing;

They achieve the pass mark of 57% at shortlisting They have conducted a minimum of 6 months acting Special Sergeant’s

duties. They have completed the Special Sergeants PDP

Once completed they can them move to stage 3 for final assessment

Successful candidates will progress to acting Special Sergeant duties when vacancies become available and will be expected to fully complete the work based leadership PDP stored on Duty Sheet within 18 months. Officers will remain a select list for a period of 12 months pending vacancies becoming available. The vacancies and locations will be dependent on Force needs at the time.

5.3.23 Expenses

Under Section 4 of the Special Constable Regulations 1965 and Home Office Circular 40/2005 and 12/2006, Special Constables are entitled to be reimbursed any out of pocket expenses reasonably incurred in the execution of duty. Refreshment, subsistence and lodging allowance A Special Constable who, having been retained on duty beyond his/her normal daily period of duty or engaged away from his/her usual place of duty, certifies that, by reason of being so retained or engaged, he/she has been unable to obtain a meal in his/her usual way and that as a consequence he/she has incurred additional expenditure to obtain food, shall depending on the period he/she has been retained be paid a refreshment allowance. A Special Constable who satisfies the Chief Constable that during his/her normal daily period of duty he/she has, though not away from his/her usual place of duty, been prevented by the exigencies of duty from obtaining a meal in his/her usual way and that as a consequence, incurred additional expenditure to obtain food, may be paid a refreshment allowance.

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Derbyshire Police stipulates that a tour of duty for a Special Constable is 4 hours. Within this period Special Constables are not entitled to claim meal expenses. A flat rate allowance can be claimed when a Special Constable is retained on duty for more than 2 hours but less than 5, in addition to the original 4 hours i.e. a Special Constable will have had to complete a tour of duty between 6 and 9 hours to claim a flat rate allowance. At the time of publication the flat rate allowance is £7.23. If a Special Constable works more than 9 hours they are allowed to claim a subsistence allowance which increases depending on the number of hours performed. At time of publication the rates are as follows, (NB the hours below refer to the Special being retained on duty after completing the first 4 hours): -

Retained on duty for more than 5 hours but less than 8 i.e. between a 9 and 12 hours shift - £9.61

Retained on duty for more than 8 hours but less than 12 i.e. between 12 and 16 hours shift - £14.66.

Retained on duty for more than 12 hours and up to a maximum of 24 hours i.e. 16 and 28 hour shift - £24.15.

No definition of ‘meal’ is provided. Therefore it should be accepted that any form of food or drink purchased is to be classed as a ‘meal’ for the purposes of the allowance being paid. Receipts in support of claims must be presented upon submission of expenses and line managers are asked to scrutinise the receipts against the forms. Lodging allowance A Special Constable who, having been retained on duty beyond his/her normal daily period of duty or engaged on duty away from his/her usual place of duty, certifies that he/she has incurred additional expenses for the purpose of obtaining lodging which he/she would not have required if he/she had not been so retained or engaged shall be paid a lodging allowance. At the time of publication, the rates are as follows: For each night outside central London - £53.30 For each night within central London - £66.64 Boot allowance Special Constables may claim a footwear allowance, as a valid out of pocket expense on an annual basis. This allowance is subject to the Special Constable performing at least the minimum commitment of duty hours per year to justify the expense incurred and that the hours of duty are recorded on the Duty Management System. The Force will provide a contribution of £75 towards the cost of boots each year. Where footwear has been accidently damaged or damaged beyond repair during the course of duty, consideration will be given for replacement footwear. If this occurs, the

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officer concerned is to submit a report outlining the circumstances and to request replacement.

Travelling expenses Actual travelling expenses to and from the place of duty, at public transport rate (PSV), may be reimbursed. Receipts for fuel purchased must be attached to mileage expense claim forms in order that the Force can reclaim VAT. Mileage can be claimed from a Special Constables home address to the station they are based at, or between stations if applicable (current rates can be accessed on the Finance Intranet page). This should be entered in the ‘non-taxable’ section, as the Special Constable is travelling to, from and between place of work and it will always be the most direct route.

It is the individual Special Constable’s responsibility to ensure their private insurance provider is aware of the different uses of the vehicle to ensure that appropriate coverage is acquired.

Should a Special Constable travel by public transport/Taxi then a public transport allowance is payable and this amount is what is paid for the ticket/fare. Any allowance or this is ‘non-taxable’ and should be entered into the appropriate column. The ticket/receipt should also be attached as proof of journey. A taxi journey should be discussed with the line manager prior to using.

Special Constables who hold a season ticket / travel card for all or part of their normal journey and could reasonably be expected to travel that route will receive no reimbursement, as they will not have incurred any additional expense.

Police staff Special Constables using a season ticket / travel card to travel to their normal place of employment as usual and then commence, as a Special Constable, duty at the same station, travelling home afterwards, would not be entitled to claim. This is because they would have to undertake this journey in any case.

If however, the member of police staff has to travel from their place of work to another police site to conduct their Specials duty they can claim any additional expenses for that day.

After Attestation, Special Constables can claim expenses incurred whilst training from their division. Out of pocket expenses Regulation 4(1) of the Special Constables Regulations 1965 provides that a Special Constable may be paid out of pocket expenses reasonably incurred in the course of duty.

Loss of remuneration allowance (HOC40/2005) The Secretary of State has approved, under Regulation 4 (2) (a) of the Special Constables Regulations 1965, payment to a Special Constable, who is required for duty during his normal work time, of an allowance equal to his/her actual loss of earnings on a daily basis in his private employment. Special Constables would normally only be expected to attend for duty outside their working hours but there may be occasions, such as attendance to give evidence at court, where such attendance is inescapable. The

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circumstances in which a Special Constable can be required to attend for duty are to be determined by the Chief Constable.

5.3.24 Claiming Expenses

To claim expenses Special Constables should complete a Form 321 and submit to the HQ Finance each month on a regular basis. All expenses claims need to be signed by the line manager and submitted on time to ensure prompt payment.

Receipts in support of claims must be presented upon submission of expenses and line managers are asked to scrutinise the receipts against the forms.

Expenses are paid through BACS payment into the individual’s bank account, so it is important that during initial training new recruits should ensure their bank details are supplied to the HR Service Centre for payroll purposes.

5.3.25 Long Service Awards and Recognition

The Police and Crime Commissioner may, on recommendation of the Chief Constable, grant awards for exceptional diligence or other special meritorious conduct. Special Constabulary Long Service Medal Recommendations are prepared by the Awards Office, Force Headquarters, at quarterly intervals for officers who have served a period of nine years. Thereafter, for each 10 years service, a bar and subsequent bars are awarded in addition to the medal. An appropriate ceremony for the presentation of Special Constabulary Long Service Medals and Bars is held at Force Headquarters. Officers awarded the medal will be entitled to wear the ribbon when in uniform. Special Constable of the Year A trophy is awarded annually to a Special Constabulary officer or group of officers who is judged to have best demonstrated the following criteria: -

Service to the public; Community involvement and/or contribution to neighbourhood policing; Operational skills and achievements; Assistance to Regular and Special Constabulary colleagues.

The winner or winning group will be put forward for the Ferrers Trophy. Ferrers Trophy The Ferrers Trophy is awarded annually by the Home Office to a Special Constable or group of Special Constables adjudged to have best satisfied the following criteria: -

A particular skilled piece of policing; A sustained involvement with a successful community initiative; The application of personal skills to resolve a long standing problem; Some other personal or particular contribution.

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5.3.26 Retirement and Extension of Service

The normal retirement for Special Constables of all ranks is 60 years of age however an extension of service can be considered providing that a Special Constable meets the following criteria: -

Passed medically fit for the duties of a Special Constable; Has a good performance and attendance record; Is competent in the role.

Derbyshire Police will consider each application for extension of service on individual merit however it is not obliged to grant the request. There is no limit to the number of times Special Constables can apply to extend their service. The HR Service Centre will notify the Special Constable in writing of their compulsory retirement date 6 months before that date. The Special Constable will then have to provide a response within 3 months of receiving the letter as to whether they intend to retire or continue in service. If a response is not received in that 3 month period then any subsequent application for the extension of service will be rejected. If a Special Constable’s application is successful then they will continue in post for the stated period. A Special Constable on an extension of service period may choose to retire and not complete the full period of the extension. In this instance they should inform their line manager in writing and give appropriate notice. Upon retirement, line managers are responsible for recalling all uniform and equipment from the Special Constable and ensuring their safe return to Stores. The line manager should also ensure that the Special Constable receives the appropriate certificate of achievement and that a farewell meeting/presentation between the Special Constable and the Divisional Commander is organised. Formal recognition should be given to the Special Constable for their contribution and achievements throughout their length of service.

5.3.27 Resignation The Chief Constable will allow resignation at any time subject to one month’s notice.

If a Special Constable wishes to resign from their post then the line manager will need to complete Force Form 21 on behalf of the Special Constable and send it to the Portfolio Inspector.

If a Special Constable is subject to discipline/misconduct or criminal proceedings, advice must always be sought from Professional Standards before a resignation notice is accepted and processed. The Special Constable will be offered a full exit interview in accordance with the force policy on exit interviews. Arrangements should be made for the disposal/return of all uniform, equipment and warrant cards and recorded on Form 21 by the Portfolio Inspector. The Portfolio

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Inspector will also be responsible for ending the Special’s service records on the Duty Sheet system. If a Special Constable resigns after 2 years service then they are entitled to a certificate of service signed by the Chief Constable, subject to authorisation by the Portfolio Inspector. The HR Service Centre should check details against the HR system and forward to the Chief’s Office for signing. The HR Service Centre will then post the certificate onto the retired Special Constabulary officer.

5.3.28 Exit Interviews Special Constables who leave the Force are requested to: -

Complete a Form 21 Participate in an exit interview

This is to ensure that people are not leaving because they feel that they have been dealt with inappropriately or because of a breach of Force policy. The interview gives Special Constables the opportunity to tell us honestly about their impressions of volunteering for Derbyshire Constabulary. It is not mandatory for leavers to attend an exit interview. The information provided in the exit interview or Form 21 will be treated as confidential. However, this cannot be fully guaranteed if the Special Constable has experienced or witnessed a specific act of discrimination, harassment, bullying or similar. The views of the Special Constable must be considered in the above circumstances. Support will be offered and where appropriate, the matter dealt with under established procedures. The HR Service Centre is responsible for: -

Issuing an authority to change establishment Updating the Gateway HR and Cyclops EDF Systems Issue a certificate of service (if authorised by Specials Portfolio Inspector)

It is compulsory for a Special Constable to be offered an exit interview. If the Special Constable is transferring out of Force or retiring, then they will need to complete Form 21. If the Special Constable has requested an exit interview, this will be arranged locally and can be done by the Section Officer, their Line Manager, or if not suitable for whatever reason, the Portfolio Inspector. If a face to face interview is not possible, the interview may be conducted by telephone. If a Special Constable chooses not to have an exit interview then they will be asked to complete the Form 21 before their notice period expires.

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The Portfolio Inspector will provide feedback to the Divisional Commander or Departmental Head on any issues which raised concerns through the completion of the Form 21 or in the interview. All the information about the Special Constable’s reasons for leaving will be recorded on Gateway HR system by the HR Service Centre. Personal details will not be retained unless they are needed for follow up action. Data will be collated and recorded by the HR Service Centre and will be available, on request, to the Special Constabulary Manager who can utilise the information for Home Office returns and any other feedback that is required. The data will be treated to ensure anonymity and will consist only of: -

Date of leaving the service Main reason for leaving Leaving due to medical or disciplinary reasons Resigning voluntarily Transferring Ethnicity Gender Length of time in service Rank, if applicable

6. Monitoring and Review

The monitoring and review of Specials Constabulary Policy is the responsibility of the Head of Department, Operational Support. The policy will be reviewed annually.

7. Appeals Process

If a member of staff has an issue with the application of this policy or procedure they should contact the Head of Department, Operational Support in writing within 28 days of the issue arising. Any member of the public who has an issue with the content or application of this policy can write to the Chief Constable with their concerns.

8. Appendices

Appendix A – Memorandum of Understanding Appendix B – Police Staff/Special Constable ESP Volunteer Agreement

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Appendix A

Special Constabulary – Memorandum of Understanding (MoU)

This MOU has been established to help identify the working relationships and roles and responsibilities of Special Constables, Special Sergeants, Special Inspectors, SNT Sergeants, Section Inspectors, Specials Co-ordinator and Portfolio Inspectors to ensure the effective running and deployment of Derbyshire’s Special Constabulary. SPECIAL CONSTABLES

1. To familiarise themselves with their BCU. 2. To maintain regular contact with their Section Officers. 3. To use Duty Sheet to acknowledge and respond to duty requests. 4. To update their personal details, duties and PACs (Police Action Checklist) on Duty

Sheet. 5. To notify their Special Sergeant of any changes to their circumstances. 6. To maintain their training. 7. To comply with the Volunteers Agreement in relation to the number of hours of duty

performed. SPECIAL SERGEANTS

1. Meet with aligned SNT Sgt on a monthly basis to discuss relevant issues. 2. Meet each of the Specials under your command on a regular basis to discuss

performance and attendance. 3. Support team welfare issues. 4. Ensure your team are up to date with relevant training. 5. Ensure your team members complete a minimum of 16 hours per month. 6. Complete CHECK-IN’s, where appropriate in conjunction with SNT Sergeant. 7. Monitor Duty Sheet to acknowledge and respond to on duty requests by Specials under

your command. 8. Ensure Duty Sheet is accurate. 9. Ensure full compliance of the Personnel, Policies, Procedures & Practice Guidance for

the Special Constabulary.

SPECIAL INSPECTOR

1. To lead and manage Specials Sergeants and Special Constables on the Division, working with the Specials Portfolio Inspector.

2. Ensuring effective communication will all Divisional Specials, particularly the communication of Divisional and force information within the Welcome Packs in conjunction with the local Corporate Communications Officer.

3. To organise and control the availability of Special Constables, including monitoring of duty hours and initiating procedures for inactive officers.

4. To manage performance, training and development needs and morale and welfare matters.

5. To co-ordinate, lead and plan Special Constabulary initiatives and to manage operational initiatives in partnership with regular managers / operational planners.

6. To liaise with regular Inspectors and Sergeants to ensure that the Special Constabulary supports the needs of the Division and the individual Sections.

7. To provide QA for Duty Sheet PACs and forward to the regular portfolio Inspector for final sign off and award of Independent Patrol Status.

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SNT SERGEANTS / REACTIVE SERGEANTS

1. Meet with aligned Special Sergeant on a monthly basis to discuss relevant issues. 2. Ensure effective deployment of members of the Special Constabulary in line with the

objectives set by the Section Inspector. 3. Ensure effective deployment of members of the Special Constabulary to meet risk and

threat and tackle local priorities. 4. Ensure full compliance of the Personnel, Policies, Procedures & Practice Guidance for

the Special Constabulary. 5. To use Duty Sheet to view workings of Specials.

SECTION INSPECTOR

1. Ensure integration at Section Management level to ensure appropriate deployment. 2. To ensure effective deployment of members of the Special Constabulary to meet risk

and threat and tackle local priorities.

SPECIALS CO-ORDINATOR

To support the co-ordination of the Special Constabulary procedures and processes.

To be the SPOC for Special Constabulary issues at a regional and national level. To develop strategic plans for the Special Constabulary. To develop and implement development opportunities for Special Constabulary

Officers. To be the link between Portfolio Inspectors and Volunteer Project lead. To develop robust central practices. To retain senior user function for Duty Sheet.

PORTFOLIO INSPECTOR

1. To raise any issues brought to their attention at the Silver group meetings. 2. To cascade messages from the Task and Finish and Project Board to the Delivery

and Implementation Group Meetings. 3. To support Special Inspectors, Sergeants, Special Constables and Section

Inspectors to best deploy Special Constabulary Officers. 4. Share best practice. 5. Sign off Independent Patrol Status. 6. To address issues related to performance, attendance etc with Section Inspectors

and Special Sergeants / Inspectors. 7. To be the link between the divisional command teams and the Special Constabulary.

Appendix B

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POLICE STAFF / SPECIAL CONSTABLE ESP VOLUNTEER AGREEMENT

This Agreement As a member of police staff employed under a contract of employment with Derbyshire Constabulary in the role of ………………………………………………..… who is also a serving member of Derbyshire’s Special Constabulary, it is hereby agreed as follows: 1) Any individual who has completed 16 hours operational voluntary service (including ESP) per

calendar month over the preceding twelve month period as a special constable will be granted an additional 8 hours per month paid leave to carry out Special Constabulary duties and training.

2) This additional time will only be granted if the individual has a satisfactory attendance and performance record in their police staff role.

3) In the event of injury, disablement or death arising from undertaking the duties of a special constable any entitlement the member of police staff may have will arise from the office of special constable and not from the police staff’ contract of employment.

4) Any unused entitlement cannot be claimed as payment, carried over to the following year or claimed as payment on resignation from the Special Constabulary or police staff role.

5) Time off will be authorised entirely at the line manager’s discretion and will be assessed on an individual basis. The line manager may authorise days to be accrued for the purpose of a specific event for example personal safety training or a county show.

6) The police staff member will produce evidence to their line manager that this has been undertaken by means of Duty Sheet records.

Termination

This agreement will cease to apply with immediate effect:

1) Upon the member of police staff ceasing to serve as a member of the Special Constabulary or ceasing to be employed under a contract of employment with Derbyshire Constabulary.

2) In the event of a police staff member being suspended from their duties, either as a police staff member, or as a member of the Special Constabulary.

3) Either party may terminate this agreement at any time by giving 28 days’ notice in writing. I hereby agree to accept the above agreement on the terms and conditions stated.

Signed: _______________________ Print Name/collar no: ________________________

(Police Staff)

Signed:________________________ Print Name/collar no:_____________________ (Line Manager/Supervisor)

Please return the completed form to the Specials Manager, Ops Support.

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APPENDIX C

National Policing Improvement Agency Circular

NPIA 04/2010

This circular is about Ex gratia payment for Special Constables for injury or illness

From: NPIA Workforce StrategyUnit

Date for implementation: 3 December 2010

For more information contact: Ed Barnard or James Levene Workforce Strategy Unit National Policing Improvement Agency 1st Floor, Fry Building 2 Marsham Street, London, SW1P 4DF

Tel: 0203 113 7395 or 0203 113 7407

This circular is addressed to: Chief Officers of Police Chairs of Police Authorities Directors of HR Special Constabulary Chief

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APPENDIX C

Table of Contents 1. Introduction ......................................................................... 3

2. Existing legislation .............................................................. 3

3. Non-statutory arrangements .................................................. 4

4. Circumstances identified .................................................... 4

5. Ex gratia payments ................................................................. 5

6. Future Arrangements .......................................................... 5

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APPENDIX C

1. Introduction 1.1 This circular sets out the entitlements in relation to the sick pay for special constables under existing legislation and the recommended non-statutory arrangements that forces may follow in circumstances where legislation does not apply.

1.2 The term ‘sick pay’ taken from the Special Constables Regulations 1965 (hereafter referred to as the 1965 Regulations) and used in this circular, refers to reimbursement of lost remuneration from a special constable’s regular employment, because of a temporary injury or disease contracted whilst on duty or when travelling to or returning home from duty, through no fault of their own.

1.3 The circumstances which legislation does not cover are as follows:

- where the officer is injured or becomes ill (as a result of performing his or her duties)

beyond the statutory period of entitlement (28 weeks); - an appropriate method of calculating lost earnings for self employed special

constables; - other circumstances, such as where a special constable is unemployed.

1.4 The above list is not intended to be exhaustive and it is recognised that there may be other circumstances which are not covered by legislation.

2. Existing Legislation 2.1 Special constables who are permanently incapacitated to the point that they are incapable of any kind of employment or those who die on duty are provided for under the Special Constables (Injury Benefit) Regulations 1987. These Regulations provide similar provisions afforded to regular police officers under the Police (Injury Benefit) Regulations 2006. The Regulations make provision for enhanced benefits in case of death or total disablement resulting from an injury received by a member of a police force in the execution of his or her duty.

2.2 Those who are permanently incapacitated to the point that they are incapable of continuing in their ordinary employment are provided for under the Special Constables (Pensions) Regulations 1973. These Regulations give to special constables and their dependents certain pension benefits which regular police officers and their dependents are eligible for under the Police (Pensions) Regulations 1987.

2.3 A special constable who is injured or becomes ill as a result of duty and, as a result, loses remuneration in his or her private employment, is entitled to an allowance by way of sick pay under the 1965 Regulations.

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APPENDIX C

2.4 In particular, the 1965 Regulations apply:

- so long as the special constable continues to lose remuneration in his private employment;

- for a maximum period of 28 weeks at the rate of actual loss of remuneration.

3. Non-Statutory Arrangements

3.1 It is recognised by the Special Constabulary National Consultative Group (SCNCG) that where legislation does not apply, in the interests of fairness and consistency, there should be a standard national approach for forces to deal with such circumstances. Additionally, it is recognised that such an approach should allow a degree of flexibility in how to deal with situations related to temporary injury or illness.

4. Circumstances Identified

(a) Illness or injury beyond 28 weeks

4.1 There may be circumstances where a special constable remains injured or ill beyond the statutory 28 weeks as set out in the 1965 Regulations. Broadly in line with Annex K to regulation 28 of the Police Regulations 2003, under which officers are entitled to half pay for the remainder of the year, forces may wish to offer a similar provision for their special constables. This should be paid at half the rate of pay of their regular employment, or at half the rate of pay of a regular constable with 10 years service (this being the period of time by which a regular constable will reach the top of their pay band), whichever is lower. This additional period should not exceed 24 weeks (equating to a total period of sickness pay entitlement of one year).

(b) Illness or injury in the case of self employed Special Constables

4.2 While the 1965 Regulations do not explicitly refer to special constables who are self employed, it should be taken that the term “private employment” in these regulations includes this category of worker. Therefore in line with special constables in regular employment, where a self employed special constable is injured or ill as a result of performing their duties as a special constable, forces should pay them for the amount of lost earnings for a period not exceeding 28 weeks.

4.3 As earnings of the self employed can vary over time, it is recommended that forces calculate the amount payable for illness or injury by averaging the total income a self employed special constable has received over the previous 28 week period, prior to the injury or illness taking effect.

4.4 Self employed special constables would need to provide forces with the necessary information to enable this calculation to be made i.e. financial records,

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accounts, etc. In the event that evidence is unavailable, incomplete or contentious, the force will need to decide whether it is appropriate for an ex gratia payment to be made.

4.5 Following a review of the special constable’s condition, as at 4.1, a force may wish to extend the period of sick pay for a period of 24 weeks at half the rate of earnings from their self employment, or at half the rate of pay of a regular constable with 10 years service, whichever is the lower.

(c) Sickness or injury in other circumstances

4.6 It is recognised that there may be other scenarios related to sick pay that fall outside the regulations and are not specified in this circular (unemployed special constables, for example), which could, in the interests of fairness, merit an ex gratia payment to a special constable.

4.7 It will be for the force to determine whether it is appropriate to make an ex gratia payment and the amount of any such payment. However, any payment under (c) should be for an initial period not exceeding 28 weeks at no more than the rate of pay of a regular constable with 10 years service. Following a review of the special constable’s condition, any further payments should be for a period not exceeding 24 weeks at no more than half the rate of pay of a regular constable with 10 years service.

5. Ex gratia payments

5.1 In the circumstances listed in (a), (b) and (c) above, a police authority is free to make an ex gratia payment to a special constable where it is considered appropriate. This would consist of a one off payment or series of payments made to a special constable from the police grant received by the force and is not governed by the existing regulations.

5.2 It is only intended that this ex gratia payment be made in specific cases relating to sick pay for special constables for injury or illness. Ex gratia payments should not automatically be granted and there should be a robust justification when they are. Forces should also take into consideration whether the special constable is in receipt of sickness benefit or statutory sick pay as a result of their injury/illness and consider whether to reduce the level of any ex- gratia payment(s) made by that amount.

6. Future arrangements

6.1 As part of a comprehensive review of the existing legislation covering Special Constabulary terms and conditions, the NPIA, under the direction of the SCNCG, will be looking into statutory options to govern the circumstances described in this circular.

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