Correspondence

Circular 011/2015: the effect of the Children and Families Act 2014 on Police Regulations 2003

Published 27 March 2015

Applies to England and Wales

© Crown copyright 2015

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This publication is available at https://www.gov.uk/government/publications/circular-0112015-the-effect-of-the-children-and-families-act-2014-on-police-regulations-2003/circular-0112015-the-effect-of-the-children-and-families-act-2014-on-police-regulations-2003

At the final meeting of the Police Negotiating Board (PNB) in July 2014, it was agreed that the principles contained within the Children and Families Act 2014 should extend to police officers and that police officers should benefit from the same entitlements as other workers unless otherwise justified. The agreement is detailed in PNB Circular 2014/21.

This has been considered further by the police staff associations, chief constables and the Association of Police and Crime Commissioners (APCC), who have written to the Home Office to recommend that certain provisions of the Act be reflected in the Police Regulations 2003. These changes will give police officers similar entitlements to other workers and will give adoptive and surrogate parents similar entitlements to birth parents.

The Home Office is awaiting further detailed advice from policing partners before consulting on draft amendments to legislation. However, we intend, subject to ministerial agreement, to implement the following changes that will or already do apply to employees but do not yet apply to members of a police force:

1. Prospective fathers/partners and/or intended parents in a surrogacy situation may be granted unpaid time off to attend up to two antenatal appointments with a pregnant woman.

2. From 5 April 2015, mothers, fathers and adopters may choose to share parental leave around their child’s birth or placement:

  • The current statutory maternity leave and pay arrangements will continue to operate.

  • However, women will be able to elect to bring their leave and pay to an early end and share the balance with their partner.

  • Shared parental leave will be able to be taken after the second week after the baby is born and will last for a maximum of 50 weeks of leave and 37 weeks of statutory pay.

It is intended that the facility to bring police maternity leave and pay to an end will be introduced into the Police Regulations 2003 together with the facility for a partner to take shared parental leave.

3. From 5 April 2015 unpaid parental leave will be extended to cover children up to age 18 from the current five years of age.

4. Shared parental leave and pay will also be available to adopters, prospective parents in the ‘fostering for adoption’ system, and intended parents in a surrogacy arrangement.

5. From 5 April 2015 statutory adoption leave and pay will reflect entitlements available to birth parents:

  • There will be no qualifying period for leave;
  • Statutory adoption pay will be increased to 90% of salary for the first six weeks;
  • There will be provision made for time off to attend introductory appointments;
  • Intended parents in surrogacy and ‘foster to adopt’ arrangements will also qualify for statutory adoption leave and pay.

Police Regulations 2003 will need to be amended to reflect statutory pay provisions in respect of qualifying periods and introductory appointments.

6. From 5 April 2015, intended parents in surrogacy and ‘foster to adopt’ arrangements will be entitled to adoption leave and pay and paternity leave and pay.

In order to implement these provisions, amendments to the Police Regulations 2003 will be necessary. These amendments will be subject to consultation and will require ministerial approval. However, police forces are advised to note the Home Office’s intention to change legislation as specified above and are encouraged to apply these provisions on an interim basis where possible.

It is important that forces take a consistent approach, particularly with reference to shared parental leave, and we therefore advise that HR practitioners consult their force HR Director for advice when considering shared parental leave requests, as well as any national guidance that may be issued by national policing leads.

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