Regulation A19 legal action possible

There could be “potential for legal action” against forces that decide to use Regulation A19 as part of measures to meet budget cuts, according to the Police Federation of England and Wales.
Police forces across the country are considering whether to use the measure, Regulation A19, to forcefully retire officers with 30 years’ service.

In recent weeks, North Yorkshire Police and West Midlands Police (WMP) have announced they intend to use this mechanism – which WMP says will affect 630 officers over three years – adding to other forces, such as Surrey Police, that have already announced their intention to cut spending by imposing this regulation.

However, the Federation has said that using it as a “blanket” prescription would not “sit well” with officers and their staff associations.

Federation chair Paul McKeever said: “I think there is a growing awareness between police forces, police authorities, the Government and everywhere that there are going to be some serious consequences.

“We don’t blame forces for trying to deal with a budget deficit that is not of their making. It’s a regulation that has clearly been used in isolation to one or two officers in the past. Now it’s being used as a blanket. Police authorities have said to chief constables that if there is a need to use it [Regulation A19] then it is there.”

Mr McKeever said that there is a risk of losing police forces’ most experienced officers who cannot be replaced “overnight” and that senior officers have a range of skills which can often be applied across a number of areas – losing this ability could be damaging.

However, he added that there could be a case for legal action against forces who decide to use the regulation to cut back on costs.

“We have taken legal advice as well. If forces look at using Regulation A19 we will look at individual cases.

“It’s for the forces to decide where they are going to make the savings and we have not heard anything about efficiency savings apart from Regulation A19.

“The reality we are seeing is that the front line will be affected. If we are making these cuts of 22 per cent, we will have a detrimental effect on the front line.”

The call from the Federation’s national chairman echoed that of the North Yorkshire Police Federation. Last month, Mark Botham, spokesperson for the force’s Joint Branch Board, warned legal action was a possibility.

He said: “Since 2007 we have already lost 150 police officers. To lose another 210 will bring us to a level lower than at any time since North Yorkshire Police has been in existence.

“We are extremely disappointed that they haven’t waited for the result of government cutbacks or the police pension review.

“This is what our national federation has been warning about and no one has been listening – and it’s on that basis that I’ve said we reserve the right to take legal advice and legal action.”

North Yorkshire Police Authority has since approved the use of Regulation A19, although it will not be implemented until April this year.