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This circular is to advise fire authorities about the introduction of new arrangements for the provision of Regional Boards of Medical Referees to deal with appeals under Rule H2 of the FPS. It replaces Fire Service Circulars 11/1997, 5/1999, 11/1999 Part A, and 17/2000, which should be regarded as cancelled. It should be brought to the attention of all fire and local authority staff who are responsible for the administration of the FPS and to the attention of Fire Brigade Medical Officers.
The current contract with BUPA Wellness for the provision of Regional Boards of Medical Referees tendered in 1997 will cease on 31 January 2003. This was extended for 3 months from 1 November 2002. A tender exercise has been conducted to find a new supplier for these services and BUPA Wellness has been selected as the new Contractor. With effect from 1 February 2003 new arrangements will be in place for the handling of appeals.
The following Table sets out the new procedure and highlights where it differs from the current arrangements. [The Commentary at H2 has been amended]
Submission of appealsAppeals should be submitted to the ODPM with the following evidence:
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This differs from the current arrangements, where notification of the appeal is submitted to the ODPM, but medical records are submitted to the Chairperson of the Board. Under the new Contract all medical records submitted to ODPM should be in sealed envelopes listing the records inside. The ODPM will not read the evidence, but will pass it onto BUPA Wellness. By requiring all the evidence to be submitted at the same time, any delays in arranging Board hearing dates should be kept to a minimum. |
Hearing Dates
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The request for details of inconvenient dates is to assist BUPA Wellness with finding a suitable date for the hearing. The limited circumstances under which an appeal hearing can be cancelled differ from the current contract. The change is to assist the timely processing of appeal cases. Occasionally BUPA may be able to offer a date with less than 2 months notice because of the cancellation of another appeal. It would be for the appellant together with the Fire Authority to decide whether to accept an earlier date. |
Board MembersAn appeal Board will consist of three doctors:
*It may be necessary to have more than one Consultant with the relevant medical experience if the appeal concerns more than one medical condition. |
These arrangements are already in place. |
LocationsAppeals may be heard in the following locations:
When an appellant is too ill to travel BUPA Wellness will discuss with the individual how best to arrange the appeal. |
This is an increase in the number of locations available at present. Appeals will normally be heard at the venue nearest brigade headquarters, but appellants will be able to say if they prefer another area (perhaps for ease of travelling). Fire Authorities will be able to raise reasonable objections to this. Efforts will be made to meet any preference but ultimately the decision will be made by BUPA Wellness who will need to take other matters into account, e.g. availability of specialist consultants and equipment . |
VenuesThe following should be provided:
*Appellants and fire authorities/brigades will be asked to say how many people are likely to attend to ensure the venue is suitable. |
This is similar to the current requirements. |
Timetable
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This is similar to the current arrangements, but the cost of the appeal will now be linked to the 16 week and 10 day targets and if either is missed the price of the appeal would reduce by £200 or £400 if both targets were missed. Missing other targets would not affect the cost i.e. missing the acknowledgement of the appeal or the notification of the hearing date. |
Obtaining informationBUPA Wellness will up-date ODPM regularly on the progress of the appeals it has on hand. Any concerns the appellant or the fire authority has in regard to how the appeal process is operating or any policy issues should be put to the ODPM. Contact either: Ashim Manikandan, Fire Policy Division, Zone B, 17th Floor, Portland House, Stag Place, London SW1E 5LP. Telephone No. 020 7944 8087. E-mail. Ashim.Manikandan@communities.gsi.gov.uk or Vidya Ramroop, at the same address, telephone number 020 7944 8157. E-mail Vidya.Ramroop.gsi.gov.uk. Inquiries about arrangements for hearings should be made to: Jackie Clark, BUPA Wellness, Battle Bridge House, 300 Gray's Inn Road, London, WC1X 8DU, telephone number 020 7656 3777. E-mail: Clarkja@BUPA.com. |
This differs from current arrangements where appellants and fire authorities often contact BUPA Wellness direct about a range of issues. |
CostThe Price for an appeal will be £4,200, but if the two main targets are not met the cost could decrease to £3,800 i.e.
The cost could further increase if a fourth member of the Panel is required because more than one medical condition is involved. Each additional member would cost £570. |
This differs from the current cost of an appeal, which is £3,500. |
Postponement/cancellation charges(not at BUPA Wellness' request) will be as follows: (please note that a working day is defined as Monday to Friday inclusive, excluding public holidays.)
Only in exceptional circumstances will appeal dates be postponed. If the appellant asks for a postponement/cancellation within the periods shown above, he/she could be asked to pay the above charges. Fire Authorities will always be expected to attend hearing dates. |
The postponement and cancellation charges differ from current arrangements . |
Archiving of Appeals heard by BUPABUPA Wellness will retain papers relating to any appeal for 12 months after completion of the report and will then destroy the medical records that have been sent to them. |
This differs from current practice where BUPA Wellness has archived all records. The medical evidence in these records will now be destroyed. |
BUPA Wellness will issue Evaluation Sheets to appellants and fire authorities attending appeals seeking views about how satisfied participants were with the process. ODPM will also issue a separate Evaluation Sheet in a sample of cases. The results of both evaluations will form the basis of formal quarterly meetings that ODPM will hold with BUPA Wellness.
BUPA Wellness has also agreed under the new contract to identify any points in the course of processing an appeal that might have implications for other brigades. These will be reviewed at the Quarterly meetings and where appropriate will be reported through Fire Service Circulars. The aim is to share information that may be of general benefit to firefighters and the Fire Service as a whole. Neither appellants nor fire authorities will be identified in the Circulars.
Fire Authorities are reminded that the Appeal Reports that BUPA Wellness produce are Confidential. They should only be seen on a 'need to know' basis.
ODPM will report on its monitoring of the contract through Fire Service Circulars on a regular basis.