The Department of Justice (DOJ) has a statutory obligation to appoint an Independent Medical Referee (IMR) to carry out an assessment and provide a report and certificate in respect of applications for ill health retirement and/or an Injury on Duty award from serving and former police officers.
The process to date has involved specialist medical consultants acting as IMRs. Over the past few years the number of IMRs has decreased due to retirements or other commitments. This, together with a rise in the number of appeals, has resulted in the average processing time of an appeal being significantly increased. As a result the Department are seeking to establish a qualified list of medical professionals to act as an IMR. The DOJ has reviewed the current process and concluded that the criteria should be changed to allow Occupational Health Practitioners to act as IMRs.
Under the Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006 the DOJ is required to appoint an IMR when the decision of the Selected Medical Practitioner (SMP) is appealed by an applicant. The IMR is required to consider the SMP decision and the submission papers, which are provided by the Northern Ireland Policing Board. The IMR is required to provide a written report, and if appropriate, a certificate of their decision.
The new IMR arrangements will involve the compilation of a list of medical practitioners who have agreed to act as IMR. The list will be provided to the applicant who will be asked to select three IMRs. Only one of the selected IMRs will act in the case, based on availability. The new arrangements will be reviewed after 12 months from the commencement date. The list will remain open and applications from medical practitioners will be accepted by the Department on an ongoing basis.
The role of the IMR is to review the SMP decision or reconsider a previous IMR decision. This will assist the Northern Ireland Policing Board in reaching a judgement in relation to an officer’s ability to continue to perform their duties.
Applications from current SMPs will be accepted.
The DOJ has a legislative responsibility to appoint an IMR but it does not have any role in the decision making process.