The Ordinary Duties
Test Explained
Every police ill-health retirement starts with one legal question: are you permanently disabled from performing the ordinary duties of a member of the force? Here is the exact wording in each scheme, what the courts have said it means, how restricted duties fit in, who decides, and how to appeal.
Independent information, not advice · Sources checked 7 October 2026 · England and Wales unless stated
To be ill-health retired, a Selected Medical Practitioner must decide you are unable, because of infirmity of mind or body, to perform the ordinary duties of a member of the police force, and that this is likely to be permanent. 'Ordinary duties' means the full range of duties an officer may be called on to do, including operational duties such as arrest and restraint, not just your current role. In the 2015 scheme 'permanent' means likely to last until age 60 (or earlier death), assuming normal appropriate medical treatment. The police pension authority then decides whether to retire you or keep you serving.
This page explains the legal test and the process, for England and Wales. It does not assess anyone's condition and it is not a guide to "passing" a medical. The SMP's job is to answer the questions on the medical evidence, and the most useful thing you can do is make sure that evidence is complete and accurate. Your Police Federation representative can support you through the process.
The test in one paragraph
For a serving officer today, the test is in the Police Pensions Regulations 2015. Before deciding whether to retire you, the police pension authority must ask an SMP "whether the member is medically unfit for performing the ordinary duties of a member of the police force" and "whether that medical unfitness is likely to be permanent" (regulation 81(1)(a) and (b)). The SMP must say yes to both if, in their opinion, you are unable to perform those duties, the inability is "occasioned by infirmity of mind or body", and it is likely to continue until you reach normal pension age, 60, or die if that is likely to come first (regulation 76(2)).
The test has four parts, and all four must be met:
- Inability: you cannot perform the ordinary duties.
- Of a member of the police force: the duties of the office, not your current post.
- Caused by infirmity of mind or body: a disease, injury or medical condition, physical or mental.
- Likely to be permanent: to age 60 in the 2015 scheme, assuming normal appropriate medical treatment.
If the SMP says yes, a second pair of questions decides which ill-health pension you get: are you also permanently unfit for any regular employment? That is covered in lower tier vs upper tier.
Applying the four parts: a walk-through
An illustrative example, not a real case and not a prediction of any decision. A constable aged 41 has a shoulder condition after surgery. They have been on restricted duties for 18 months in a case file review role, which they manage well. They cannot restrain anyone or use force safely, and their surgeon says further surgery is not recommended.
- Inability. The question is not whether they can do the case file role. It is whether they can perform the ordinary duties of the office, which include arrest and restraint. On these facts the SMP could find they cannot.
- Of a member of the police force. The duties are those of the office of constable in their own force (on the Ashton reading), not a modified version for their current post.
- Caused by infirmity. A diagnosed shoulder condition is an "injury or medical condition". The cause, on or off duty, does not matter for this test.
- Likely to be permanent. The SMP asks whether the inability is likely to continue until age 60, assuming normal appropriate treatment. The surgeon's view that no further surgery is recommended, and any physiotherapy still to try, are central here.
If the SMP answers yes to all four, the second pair of questions (any regular employment) decides the tier: someone who can do a case file job for 30 hours a week is unlikely to meet the upper tier test. Then the authority decides whether to retire them or keep them in the restricted role (regulation 82(2)). Both outcomes are possible on the same medical findings.
The exact wording in each scheme
The words have barely changed since 1987. All three schemes are in force for different groups, so it helps to see them side by side. Since 1 April 2022 every serving officer has been a member of the 2015 scheme, so the 2015 wording governs the retirement decision for serving officers. The older wording still matters for deferred members of the 1987 and 2006 schemes and for reviews of older pensions.
| Scheme | Definition (quoted) | Where, and what else it says |
|---|---|---|
| 2015 scheme (all serving officers since 1 April 2022) | "medical unfitness" means "inability occasioned by infirmity of mind or body (a) to perform the ordinary duties of a member of the police force; or (b) to engage in any regular employment" | Reg 74(1); SMP must decide you are unable to perform the ordinary duties and that this is likely to continue until normal pension age (60) or earlier death: reg 76(2) |
| 2006 scheme | "disablement means inability, occasioned by infirmity of mind or body, to perform the ordinary duties of a member of the police force or, as the case may be, to engage in any regular employment otherwise than as a regular police officer" | Reg 4(3); retirement "on the ground that he is permanently disabled for the performance of the ordinary duties of a member of the police force": reg 21(1) |
| 1987 scheme (as made) | "disablement means inability, occasioned by infirmity of mind or body, to perform the ordinary duties of a male or female member of the force, as the case may be" | Reg A12(2); retirement "on the ground that he is permanently disabled for the performance of his duty": reg A20. Later amendments are not shown on legislation.gov.uk |
The 2015 regulations also say that, for a former member of a home police force (for example a specified NCA officer or someone on temporary or relevant service), "ordinary duties of a member of the police force" means the ordinary duties of a member of the home police force (regulation 74(2)).
The 1987 text above is the version "as made" in 1987. legislation.gov.uk does not hold a consolidated version of the 1987 regulations, so later amendments are not shown there. Courts and the archived Home Office guidance quote amended versions (for example A12(1A) on treatment, added in 2003). If your case is under the 1987 regulations, ask for the text that applied on the relevant date.
What is the same, and what changed, between the schemes
The core test has survived three sets of regulations almost unchanged. The differences are mostly in the surrounding rules:
| Feature | 1987 (as made) | 2006 | 2015 |
|---|---|---|---|
| Core words | Inability, occasioned by infirmity of mind or body, to perform the ordinary duties of a male or female member of the force (A12(2)) | Same core words, without 'male or female' (reg 4(3)) | Same core words (reg 74(1)) |
| End point for 'permanent' | Not stated; Scardfield (2013): until normal retirement, not for life | Not stated (reg 4(1)) | Normal pension age, 60, or earlier death (reg 76(2)) |
| Treatment assumption | Added by amendment from 1 April 2003 (A12(1A), SI 2003/535) | In the regulation from the start (reg 4(2)) | In the regulation (reg 75(2) to (4)), with a Crown Court appeal on reasonable refusal |
| Second question (any regular employment) | Not asked: one ill-health award | Asked: standard or enhanced top-up (reg 71(1)(c), (d)) | Asked: lower or upper tier (reg 81(1)(c), (d)) |
| Who decides to retire you | The police authority (A20) | The police authority, having considered all relevant circumstances, advice and information (reg 21(1)) | The police pension authority, after considering all relevant circumstances, advice and information including your input; or it may keep you serving (reg 82(2)) |
| Appeal time limit | 14 days as made (H2). From 1 April 2003, 28 days, then 28 days for grounds, where the permanence questions were referred (H2(2A), (2B), inserted by SI 2003/535); check for later changes | 28 days, then 28 days for grounds (reg 72) | 28 days, then 28 days for grounds (Sch 1 para 2) |
This page covers England and Wales. Scotland and Northern Ireland have their own police pension regulations, which we have not checked for this page.
What 'ordinary duties' means: the full range
The regulations do not list the ordinary duties. The courts have filled the gap. The leading case is the Court of Appeal's decision in R v Sussex Police Authority ex p Stewart [2000] ICR 1122. We could not open that judgment, so we rely on how the High Court recorded it in Ashton (2008):
"inability to perform the ordinary duties of a member of the force" means an inability to perform the full range of duties that an officer may ordinarily be called on to perform. So an officer who is unable to perform some of those duties (for example an inability to perform confrontational duties because of an injury) is disabled for these purposes even though that officer could be fully deployed on other non-confrontational duties. Ashton [2008] EWHC 1833 (Admin), para 12
The archived Home Office guidance (Section 3, para 9) quotes the Court of Appeal's own words: the hypothetical member of the force whose ordinary duties the regulation has in mind is "the holder of the office of constable who may properly be required to discharge any of the essential functions of that office, including operational duty".
Three practical consequences follow:
- Your current job is not the yardstick. An officer in a desk-based role is assessed against the duties of the office of constable, which include operational duties, not only against the desk job.
- Partial inability can be enough. Being unable to do some essential duties, such as restraint, can meet the test even if you can do many others.
- Rank does not change the test. The archived guidance said the duties apply to all ranks, even if they are carried out differently; for example, every officer needs to be able to effect an arrest (Section 3, para 12).
The list of ordinary duties and key capabilities
Home Office guidance on medical appeals, archived on 31 August 2022 and marked "no longer current", set out the list from the Police Negotiating Board's 2003 guidance (Section 3, paras 11 and 13). We reproduce it because it is still the most detailed published description of what the ordinary duties involve. It is not law, it was withdrawn, and an SMP is not bound to use it, so treat it as background.
- Managing processes and resources and using IT
- Patrol and supervising public order
- Incident management, such as traffic and traffic accident management
- Dealing with crime: scene of crime work, interviewing, searching and investigating offences
- Arrest and restraint
- Dealing with procedures: prosecution procedures, managing case papers and giving evidence in court
- Sit for reasonable periods, write, read, use the telephone, and use (or learn to use) IT
- Run, walk reasonable distances, and stand for reasonable periods
- Make decisions and report situations to others
- Evaluate information and record details
- Exercise reasonable physical force in restraint and retention in custody
- Understand, retain and explain facts and procedures
The same guidance said that inability, because of infirmity, in respect of any of the key capabilities rendered an officer disabled for the ordinary duties, and that an officer who could do the activity "only to a very limited degree or with great difficulty" was to be regarded as disabled (Section 3, paras 13 and 14). That reflects the "full range" approach in Stewart.
The Home Office collection page says the guidance was withdrawn on 1 September 2022, is out of date and has been archived, and that new guidance will be published in due course. We did not find a replacement published as at 7 October 2026. Ask your force or Federation whether your SMP works to any current written guidance.
Which force: yours, or any force?
Occasionally an officer could do the full range of duties in one force but not another, for example because of a reaction to equipment one force uses. The High Court decided this question for the 1987 regulations in Ashton, after two earlier decisions went different ways:
"the force" in Regulation A12 (2) means the police force for the area in which the officer is serving at the time that the question of permanent disablement arises for decision Ashton [2008] EWHC 1833 (Admin), para 59
The 2015 regulations use "the police force" and, as noted above, define the position for former members of a home police force (regulation 74(2)). We have not found a later court decision applying Ashton to the 2015 wording, so we do not state the 2015 position as settled.
Infirmity of mind or body
The inability must be "occasioned by infirmity of mind or body". The 2015 regulations define infirmity as "a disease, injury, or medical condition, and includes a mental disorder, injury or condition" (regulation 74(1)); the 2006 regulations say the same (regulation 4(5)). So:
- physical and psychological conditions are treated alike;
- the cause does not matter for ill-health retirement: on duty, off duty, illness or injury (cause matters only for an injury award);
- an inability that is not caused by a medical condition (for example, a dispute at work without an underlying condition) does not meet the test. The archived guidance said the definition was there to make sure disablement has a recognised medical cause (Section 3, para 6).
For how psychological injury is handled for both ill-health retirement and injury awards, see PTSD and mental health.
What 'permanent' means
"Permanent" does not mean "for the rest of your life" in this context. Each scheme frames it slightly differently:
| Scheme | What 'likely to be permanent' means | Treatment assumption |
|---|---|---|
| 2015 scheme | Unfit when the SMP decides, and that unfitness at that time likely to be permanent (reg 75(1)). The SMP must find the inability "likely to continue until" you reach normal pension age (60), or until death if you are likely to die before then (reg 76(2)(b)) | Assume you receive "normal appropriate medical treatment", excluding treatment the scheme manager decides it is reasonable for you to refuse (reg 75(2), (3)) |
| 2006 scheme | "disabled at the time when the question arises for decision and ... that disablement being at that time likely to be permanent" (reg 4(1)). The regulation does not give an end date | Same assumption of normal appropriate medical treatment (reg 4(2)); the police authority decides what is reasonable to refuse |
| 1987 scheme | Same wording as 2006 (A12(1)). In Scardfield (2013) the High Court held that, under the 1987 regulations, "permanent" means until the date the officer would normally retire, not for life | A12(1A), inserted from 1 April 2003 by SI 2003/535 (quoted in Ashton para 11 and Scardfield para 6) |
In Scardfield, a 1987 scheme case about early payment of a deferred pension, the medical appeal board had treated "permanent" as having its ordinary dictionary meaning. The High Court disagreed:
I do not think that "permanent" there means for life; it means until the date of retirement. Scardfield [2013] EWHC 3822 (Admin), para 26
The judge also said guidance stating that "permanent" means for the rest of one's life was wrong (para 27). The archived Home Office guidance had said exactly that, while noting the PNB's alternative of the compulsory retirement age for the rank (Section 3, para 15). The 2015 regulations now settle the point for the 2015 scheme by writing the end date into regulation 76: normal pension age, which is 60.
Two further points. First, the question is decided "at the time" it arises: the SMP looks at your condition and prospects now, on current medical knowledge, not at some imagined future date. Second, the standard is "likely", which the archived guidance described as closer to the balance of probabilities than to certainty (Section 3, para 17). That description was guidance, not law.
Normal appropriate medical treatment
When deciding whether unfitness is likely to be permanent, the SMP must assume you will receive "normal appropriate medical treatment" (2015 regulation 75(2); 2006 regulation 4(2); 1987 A12(1A), inserted in 2003). Treatment that it is reasonable for you to refuse is not counted (regulation 75(3)). This is often where cases turn.
- Untried treatment can defeat permanence. In Scardfield the board accepted the officer was currently disabled but decided it was premature to find the disablement permanent because he had not received normal appropriate treatment. The court held the board was entitled to reach that view on the evidence (para 43).
- Reasonable refusal is a separate decision. Whether a refusal is reasonable is decided by the police pension authority as scheme manager, and you can appeal that decision to the Crown Court (2015 regulation 75(4)), not to the medical board.
- What makes treatment "appropriate". The archived guidance listed factors for the SMP: how likely the treatment is to work for your condition (including allergies or side effects), how tried and tested it is, and whether it is available in time to be effective (Section 3, para 19). Again, background only.
If you have declined a treatment, it helps to have your reasons and any clinical advice in writing before the SMP stage, because the authority will need them to decide whether the refusal was reasonable.
Restricted and adjusted duties: two separate questions
This is the most misunderstood part of the process. There are two different decisions, by two different decision-makers:
- The medical question (the SMP): can you perform the full range of ordinary duties, permanently? Being able to work on restricted or adjusted duties does not, on its own, mean the answer is no. Under the Stewart approach recorded in Ashton, an officer who can only do non-confrontational duties may still be disabled for the ordinary duties.
- The employment decision (the authority): if the SMP says you are permanently unfit, the authority "may require the member to retire" or "may require the member to continue to serve as a member of the police force", after considering all the relevant circumstances and the advice and information available, including input from you (2015 regulation 82(2)). The 2006 and 1987 schemes have equivalent provisions (2006 regulations 21(1) and (2); 1987 A20).
So an officer can be found permanently unfit for the ordinary duties and still be kept in a restricted role. In Ashton it was common ground that the authority was not required to retire the officer and could require her to carry out restricted duties (para 22). If you are kept on, the authority can later reconsider whether your condition has changed, refer fresh questions to the SMP, and must retire you if it then decides you ought to retire (2015 regulation 83).
How an authority must weigh the choice between retiring you and keeping you, and when a decision to keep you could be challenged, is a public law question. We have not read a court judgment deciding it under the 2015 wording, so we do not state a rule. If you disagree with a decision to keep you serving, or to retire you, take advice from your Federation representative or a solicitor promptly.
Pay on adjusted duties is a separate matter again. See restricted duties explained and long-term sickness.
Who decides what
| Question | Who decides | How to challenge |
|---|---|---|
| Are you unable to perform the ordinary duties of a member of the police force, because of infirmity of mind or body? | Selected Medical Practitioner (SMP) | Appeal to a board of at least 3 doctors within 28 days (Sch 1 paras 2, 6) |
| Is that likely to be permanent (to age 60 in the 2015 scheme), assuming normal appropriate treatment? | SMP | Same appeal |
| Are you also unfit for any regular employment, permanently? (decides lower or upper tier) | SMP | Same appeal |
| Is it reasonable for you to refuse a particular treatment? | Police pension authority as scheme manager | Crown Court (reg 75(4), reg 207) |
| Should you be retired, or required to continue to serve? | Police pension authority as employer (reg 82(2)) | Not a medical question; take advice on any challenge |
| Did you bring about the unfitness by your own default? | SMP decides; scheme manager decides any reduction (regs 106, 107) | SMP decision: appeal board. Reduction: Crown Court (reg 107(6)) |
The SMP is a doctor selected by the police pension authority. In Goodland, an injury award case, the High Court described the SMP as "appointed by, but otherwise independent of" the authority (para 23). The SMP must examine or interview you as they think appropriate, decide the questions and give you and the authority a report (regulation 81(2)). The authority can choose a board of doctors instead of a single doctor (Schedule 1 paragraph 1 definition of "selected medical practitioner").
For what to expect at the SMP stage, see the SMP process. The Police Earnings Assessment Matrix (PEAM) belongs to a different question, the degree of disablement for an injury award; see PEAM explained.
The second test: any regular employment
If you meet the ordinary duties test, the SMP also decides whether you are permanently unfit for "any regular employment" otherwise than as a police officer. "Regular employment" means employment for an annual average of at least 30 hours a week (2015 regulation 2; 2006 Schedule 1). The answer decides whether you get the lower tier or the upper tier in the 2015 scheme (the standard or enhanced top-up pension in the 2006 scheme). The 1987 scheme has one ill-health award, so for pure 1987 retirements this second question did not change the amount.
The money difference is set out in lower tier vs upper tier and payouts by scheme.
Evidence and process: what actually matters
The SMP decides on the medical evidence. You cannot change the test, but you can make sure the evidence in front of the SMP is complete, accurate and current. In practice:
- Ask what has been referred. Which questions, under which regulation, and what papers the SMP has been sent. Ask for a copy of what was sent.
- Check the factual record. Dates, diagnoses, absences, duties you have and have not been able to do, and what occupational health has recorded. Correct errors in writing.
- Make sure your treating clinicians' views are available. GP and specialist records and letters, especially on prognosis and on treatment tried, planned or advised against.
- Describe your condition as it is. Including good days and bad days, and what tasks you can and cannot do and for how long. Overstating or understating both cause problems later, including at reviews.
- Address treatment. If a treatment has not been tried, say why, and include any clinical advice. If you have refused something, keep your reasons.
- Keep copies of everything, and note the date you receive the SMP's report: the 28-day appeal clock runs from then.
If you do not attend an examination or interview the SMP considers necessary, wilfully or negligently, the authority can decide on the evidence it has (regulation 77). If there is a genuine reason you cannot attend, tell the authority in writing straight away.
Reading the SMP's report
The report must contain a decision on each question referred (regulation 81(2)(c)). When it arrives, check it against the questions in regulation 81(1):
- Is there a clear answer to each question? Unfit for the ordinary duties; permanent; unfit for regular employment; permanent.
- Does it apply the right test? For example, does it assess the full range of ordinary duties rather than only your current role, and does it use age 60 as the end point for permanence in the 2015 scheme?
- Does it deal with treatment? If it finds permanence not shown because of untried treatment, does it say which treatment, and has the authority considered whether any refusal was reasonable?
- Are the facts right? Dates, diagnoses, what you told the SMP, and the records the SMP says they saw.
- When did you receive it? The 28 days run from receipt of the copy.
If something looks wrong, there are three routes, and they are not mutually exclusive in time: ask the authority to agree a reconsideration (Schedule 1 paragraph 3), give notice of appeal within 28 days (paragraph 2), and take advice from your Federation representative or a solicitor. Giving notice in time keeps the appeal open while you gather evidence for the grounds, which are due within a further 28 days of the authority receiving your notice.
Questions to ask
- Is a referral to an SMP being considered, and under which regulation?
- Which questions will the SMP be asked, and what papers will they see?
- Will the SMP see my GP and specialist records, and can I send further evidence before the appointment?
- Does the SMP work to any written guidance on the ordinary duties, and can I see it?
- If the SMP finds me permanently unfit, what will the authority take into account in deciding whether to retire me or keep me serving, and how can I give my input?
- If a treatment has been suggested that I do not want, how will the authority decide whether my refusal is reasonable?
- Who do I send a notice of appeal to, and how will receipt be recorded?
The 28-day appeal
Under Schedule 1 to the 2015 regulations:
- Notice of appeal: within 28 days after you receive a copy of the SMP's report, or any longer period the police pension authority allows (para 2(1)). It must be in writing (para 7(1)).
- Grounds: a written statement of grounds within a further 28 days after the authority receives your notice, or any longer period it allows (para 2(3)).
- Reconsideration: you and the authority can agree to send the decision back to the SMP to reconsider instead (para 3).
- The board: at least three doctors appointed under arrangements approved by the Secretary of State, at least one a specialist in a relevant condition, with the chair having a casting vote (para 6).
- The hearing: at least 2 months' notice unless agreed otherwise; tell the board at least 35 days before whether you will be represented; written evidence at least 35 days before, with replies at least 7 days before (paras 8 and 9).
In the 2006 scheme the time limits are also 28 days and a further 28 days (regulation 72). The as-made 1987 text gave 14 days (H2); an amendment in force from 1 April 2003 (SI 2003/535) gave 28 days, then a further 28 days for grounds, where the permanence questions were referred. Later amendments are not shown on legislation.gov.uk, so check the current limit with your force if your case is under the 1987 regulations, and do not wait. If you have already been retired and the appeal board decides you are not permanently unfit for the ordinary duties, the compulsory retirement is void (2015 regulation 84; 2006 regulation 21(1); 1987 A20).
Your Police Federation representative can represent you at a medical appeal. For costs rules, what the board can and cannot decide and court routes, see appeals.
Step by step: from referral to decision
The order of events for a serving officer under the 2015 regulations is set by Part 6. Timings vary a great deal between forces and cases; see how long it takes.
- Referral. Usually after a period of sickness absence or restricted duties and occupational health advice, the police pension authority decides to consider compulsory retirement. Before it does, it must refer the four questions to an SMP (regulation 81(1)). You can ask your force whether a referral is being considered.
- The SMP stage. The SMP examines or interviews you as they think appropriate and decides the questions (regulation 81(2)). The SMP can be a single doctor or a board of doctors selected by the authority (Schedule 1 paragraph 1).
- The report. The SMP gives the authority and you a report containing the decisions. It is final unless you appeal or it is reconsidered by agreement (regulation 81(3)). Note the date you receive it.
- The authority's decision. If the report says you are permanently unfit for the ordinary duties, the authority considers all the relevant circumstances, advice and information, including your input, and either requires you to retire on a date it decides or requires you to continue to serve (regulation 82(2)).
- The pension. If you are retired and meet the conditions in regulation 102 (including 2 years' qualifying service or a duty injury), the ill-health pension is payable from the date you are required to retire (regulation 103(2)). Which tier depends on the SMP's answers to the regular employment questions.
- Appeal or reconsideration. Within 28 days of receiving the report you can give notice of appeal (Schedule 1 paragraph 2), or agree a reconsideration with the authority (paragraph 3).
Any injury award is a separate process under the Police (Injury Benefit) Regulations 2006, which may run alongside or afterwards. See injury award or ill-health retirement.
The same test comes back at reviews
The ordinary duties test is not only applied once. It returns when a pension is reviewed:
- 2015 lower tier. Until age 60 the scheme manager may review whether your medical unfitness has ceased or significantly worsened, and must review if told it has worsened (regulation 110). The SMP is asked whether you continue to be medically unfit for performing the ordinary duties (regulation 117(2)(a)). If the answer is no, you may be offered the chance to rejoin within 3 months at a rank no lower than before, and the lower tier pension stops at the end of the 3 months or when you rejoin (regulation 111).
- 2015 upper tier. Reviews focus on regular employment, at intervals of no less than 5 years until State Pension age; if you are no longer unfit for regular employment, the SMP is then asked whether you are still unfit for the ordinary duties (regulation 117(3)). The lower tier continues unless a lower tier review finds you fit for the ordinary duties (regulation 114(7)).
- If you were kept in service. The authority may reconsider at any time whether your unfitness has ceased, worsened or improved, and the SMP is asked again whether you continue to be unfit for the ordinary duties (regulation 83).
- 2006 and 1987 pensions. The 2006 scheme allows reviews of a standard ill-health pension until 55, with a rejoin offer if disablement for the ordinary duties has ceased (regulation 51(3)). The 1987 scheme allows reviews only while you would not have reached 25 years' service and could not have been required to retire on age (K1(1)).
On a review, the SMP does not need to decide permanence again if they find you are still unfit (regulation 117(5)). Every review report can be appealed within 28 days.
If you have already left: deferred pensions paid early
Former officers with a deferred pension can sometimes have it paid early on health grounds. The test is not the same in every scheme:
| Scheme | Test for early payment | Normal payment age otherwise |
|---|---|---|
| 2015 | The SMP decides the same four questions (regulation 86(1)); early payment needs permanent medical unfitness for engaging in any regular employment (regulation 91(3)) | State Pension age (regulation 91(2)) |
| 2006 | Permanently disabled for engaging in any regular employment (regulation 32(4)) | 65 (regulation 32(4)); voluntary early payment from 55 with an actuarial reduction (regulation 33) |
| 1987 (as made) | Permanently disabled (B5(4)(a)), which uses the A12 definition: inability to perform the ordinary duties of a member of the force | 60 (B5(4)(a), as made) |
Scardfield was a case of exactly this kind: a former officer with 8 years' 1987 scheme service asking for early payment of his deferred pension, where the ordinary duties test and the meaning of "permanent" were decisive (paras 4 to 6 and 26). For 2006 and 2015 deferred members, the bar is higher, because the test is any regular employment.
The injury award uses the same idea of disablement
The Police (Injury Benefit) Regulations 2006 define disablement in the same terms: inability, through infirmity of mind or body, to perform the ordinary duties of a member of the force, judged on the assumption of normal appropriate treatment. The injury award then asks further questions: was the disablement the result of an injury received in the execution of duty, and what is its degree, measured by lost earning capacity (injury regulation 30(2)).
Where the SMP has already made a final decision on permanence for pension purposes, the injury regulations can treat that decision as binding, so the injury stage may focus on causation and degree (regulation 30(2); see our route guide for how amendments extend this). The degree of disablement, and with it the injury award band, is where the PEAM comes in.
Illustrative scenarios
These are illustrative, not real cases and not predictions. The SMP and the authority decide real cases on the evidence.
| Situation | Ordinary duties test | What happens next |
|---|---|---|
| Back condition: can work at a desk all day, cannot run or restrain anyone, specialist says this will not improve | May be met: inability to do some essential duties, likely to be permanent | The authority may retire, or keep the officer in a restricted role (reg 82(2)) |
| Anxiety after a traumatic incident, six months into treatment, clinicians expect improvement with a recommended therapy not yet started | Permanence may not be shown, because normal appropriate treatment is assumed | Further treatment; the question can be referred again later |
| Knee injury: can do all duties after surgery and rehab | Not met: no lasting inability | Return to full duties |
| Condition that stops operational work in one force because of specific equipment, but not in another force | Under Ashton (1987 rules), assessed against the officer's own force | Take advice: the 2015 position has not been tested in a judgment we have read |
| Officer refuses a treatment the SMP thinks would work, for reasons their own doctor supports | Depends on whether the authority decides the refusal is reasonable | Unreasonable refusal can defeat permanence; the reasonableness decision can go to the Crown Court |
If the test is likely to be met, the next question is what you would receive. The police ill-health retirement calculator estimates the lower and upper tier pension for your scheme, pay, age and service. It does not decide whether you meet the test.
Plain-English glossary
| Term | What it means | Where it comes from |
|---|---|---|
| Ordinary duties of a member of the police force | The full range of duties an officer may ordinarily be called on to perform, including operational duties | 2015 reg 74; Stewart as recorded in Ashton para 12 |
| Infirmity of mind or body | A disease, injury or medical condition, including a mental disorder, injury or condition | 2015 reg 74(1); 2006 reg 4(5) |
| Permanently medically unfit | Unfit when the SMP decides, and likely to stay so until age 60 or earlier death (2015) | 2015 regs 75 and 76 |
| Normal appropriate medical treatment | Treatment the SMP assumes you will receive, excluding treatment it is reasonable for you to refuse | 2015 reg 75(2), (3) |
| Regular employment | Employment for an annual average of at least 30 hours a week | 2015 reg 2; 2006 Sch 1 |
| Selected Medical Practitioner (SMP) | The doctor, or board of doctors, chosen by the police pension authority to decide the medical questions | 2015 reg 81; Sch 1 para 1 |
| Police pension authority | The authority that refers the questions, decides on retirement and pays the pension, acting as employer or as scheme manager | 2015 reg 73 |
| Appeal board | At least three doctors who hear an appeal against an SMP decision; also called a medical appeal board | 2015 Sch 1 para 6 |
| Reconsideration | Sending a final decision back to the SMP or board by agreement between you and the authority | 2015 Sch 1 para 3 |
Common mistakes
- "I can do my current job, so I cannot be ill-health retired." The test is the full range of ordinary duties of the office, not your current post.
- "If I can do restricted duties, I will be retired anyway." The authority may require you to continue to serve instead (reg 82(2)(b)).
- "Permanent means for life." In the 2015 scheme it means to age 60 (or earlier death). For the 1987 scheme, the High Court said until retirement, not for life.
- "The SMP works for the force, so it is a formality." The SMP is chosen by the authority, but the court in Goodland described the role as otherwise independent, and the authority must refer the questions before deciding.
- "Untried treatment does not matter." The SMP must assume normal appropriate treatment. Untried treatment that is likely to work can defeat permanence.
- "Mental health conditions are judged differently." Infirmity expressly includes mental disorders and conditions. The test is the same.
- "I have plenty of time to appeal." Notice of appeal is due within 28 days of receiving the report, unless the authority allows longer.
Not verified, or needs checking
- Stewart itself. We could not open the Court of Appeal judgment (2000). We quote it only as recorded in Ashton (para 12) and the archived Home Office guidance.
- Current guidance. The Home Office medical appeal guidance was archived on 31 August 2022. We found no replacement; some SMPs may still refer to the PNB 2003 list.
- 2015 wording in the courts. We have not read a judgment applying Ashton or Scardfield to the 2015 regulations. The 2015 text on permanence is explicit (reg 76); the "which force" point is not.
- The authority's choice to retain. The legal limits on the regulation 82(2) choice are a public law question we have not set out.
- 1987 amendments. legislation.gov.uk holds only the as-made 1987 regulations. We have read the 2003 amendment (SI 2003/535) to A12, A20 and H2, but not any later changes to the wording or time limits.
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Frequently Asked Questions
What are the ordinary duties of a police officer for ill-health retirement?
They are the full range of duties a police officer may ordinarily be called on to perform, not only the role you are doing now. In Stewart (2000), as recorded by the High Court in Ashton (2008), the Court of Appeal held that an officer who cannot do some of them, such as confrontational duties, is disabled for this purpose even if they could be fully deployed on other duties. Archived Home Office guidance listed duties such as patrol, incident management, dealing with crime, arrest and restraint, and court procedures.
What does 'permanently disabled' mean for police ill-health retirement?
In the 2015 scheme the Selected Medical Practitioner must decide that your inability to perform the ordinary duties is likely to continue until normal pension age (60), or until death if that is likely to come first, assuming you receive normal appropriate medical treatment (regulations 75 and 76). For the 1987 scheme the High Court held in Scardfield (2013) that permanent means until normal retirement, not for life.
Can I be ill-health retired if I can do restricted duties?
Being able to do restricted or adjusted duties does not by itself stop the SMP finding you permanently unfit for the ordinary duties, because the test is the full range of duties. But the police pension authority does not have to retire you: under regulation 82(2) of the 2015 regulations it may instead require you to continue to serve. These are two separate decisions.
Who decides whether I am permanently unable to perform ordinary duties?
A Selected Medical Practitioner, a doctor chosen by the police pension authority, decides the medical questions and gives you a copy of the report. The High Court in Goodland (2020) described the SMP as appointed by, but otherwise independent of, the authority. The authority then decides whether to retire you.
Does 'the force' mean my force or any police force?
In Ashton (2008) the High Court held that 'the force' in the 1987 regulations means the force for the area in which you are serving when the question is decided. The 2015 regulations say 'the police force' and, for a former member of a home police force, the ordinary duties of the home police force (regulation 74(2)).
Does a mental health condition count?
Yes. The regulations define infirmity as a disease, injury or medical condition, including a mental disorder, injury or condition. The question is the same: does it make you unable to perform the ordinary duties, and is that likely to be permanent with normal appropriate treatment?
What if I have not had all the treatment available?
The SMP must assume you receive normal appropriate medical treatment when deciding whether unfitness is likely to be permanent. Treatment that the scheme manager decides it is reasonable for you to refuse is excluded, and you can appeal that reasonableness decision to the Crown Court. Untried treatment that is likely to work can lead to a finding that permanence is not shown.
How long do I have to appeal the SMP's decision?
Under the 2015 regulations you must give notice of appeal within 28 days of receiving the SMP's report, or any longer period the authority allows, and then a statement of grounds within a further 28 days of the authority receiving your notice. The appeal goes to a board of at least three doctors.
Is the ordinary duties test the same in the 1987, 2006 and 2015 schemes?
The core words are the same in all three: inability, occasioned by infirmity of mind or body, to perform the ordinary duties of a member of the force. The 2015 regulations add an explicit end point for 'permanent' (normal pension age, 60). For officers serving today, the 2015 wording applies to the retirement decision.
Is the PEAM used for the ordinary duties test?
No. The Police Earnings Assessment Matrix is used in injury award cases to help assess the degree of disablement, which depends on lost earning capacity. The ordinary duties test asks a different question: can you do the full range of police duties, permanently?
Does the authority have to retire me if the SMP says I am permanently unfit?
No. Under regulation 82(2) of the 2015 regulations the police pension authority, after considering all the relevant circumstances, advice and information, including input from you, may require you to retire or may require you to continue to serve. If you are kept on, it can revisit the question later (regulation 83).
What happens if the appeal board decides I am not permanently unfit after I have been retired?
The compulsory retirement is void. Regulation 84 of the 2015 regulations says so where the SMP found you permanently unfit for the ordinary duties, you appealed, and the appeal board decided you are not. The 2006 and 1987 regulations have equivalent provisos.
Sources and how we checked them
Every factual claim on this page was written from the sources below, read on 7 October 2026. Rules and figures change, so check the source for the date you are reading this. Where we could not confirm something from an official or independent source, the page says so rather than guessing. Spotted something out of date? See our corrections policy.
- Police Pensions Regulations 2015, Part 6 Chapter 1 (regulations 73 to 78) — medical unfitness, infirmity, permanence, normal appropriate treatment, the SMP's decisions, refusing examination (accessed 7 October 2026)
- Police Pensions Regulations 2015, regulations 81 to 83 — the four referral questions; retire or require to continue to serve; review while kept in service (accessed 7 October 2026)
- Police Pensions Regulations 2015 as made (PDF), Schedule 1 — 28 days to appeal, further 28 days for grounds, reconsideration, board of at least 3 doctors, hearing notice and 35-day evidence rule (accessed 7 October 2026)
- Police Pensions Regulations 2015, regulations 84 to 86 and 91 — retirement void after a successful appeal; early payment of a deferred pension on health grounds; State Pension age (accessed 7 October 2026)
- Police Pensions Regulations 2015, regulations 110, 111, 114 and 117 — review questions, including whether you continue to be unfit for the ordinary duties (accessed 7 October 2026)
- Police Pensions Regulations 2006, regulations 32, 33 and 51 — deferred pension at 65 or earlier on disablement for regular employment; reviews (accessed 7 October 2026)
- Police Pensions Regulations 1987 (as made), regulations B5 and K1 — deferred pension at 60 or earlier if permanently disabled; reviews (accessed 7 October 2026)
- Police (Injury Benefit) Regulations 2006, regulation 30 — questions referred to the SMP for an injury award; earlier permanence decisions binding (accessed 7 October 2026)
- Police Pensions Regulations 2006, regulation 4 (disablement) — definition of disablement and permanence (accessed 7 October 2026)
- Police Pensions Regulations 2006, regulations 21, 71 and 72 — compulsory retirement on disablement; questions for the SMP; 28-day appeal (accessed 7 October 2026)
- Police Pensions Regulations 1987 (as made), regulations A12 and A20 — disablement and permanence; compulsory retirement. As-made text only (accessed 7 October 2026)
- Police Pensions (Amendment) (No. 2) Regulations 2003 (SI 2003/535) — from 1 April 2003: inserted A12(1A) (normal appropriate treatment), amended A20, inserted H2(2A) and (2B) (28 days, then 28 days for grounds) (accessed 7 October 2026)
- Police Pensions Regulations 1987 (as made), regulations H1 and H2 — reference of medical questions and appeal as originally made (accessed 7 October 2026)
- R (Ashton) v Police Medical Appeal Board [2008] EWHC 1833 (Admin) — para 12 (Stewart: full range of duties), paras 20 to 22 (retirement is the authority's step; restricted duties), para 59 (meaning of 'the force') (accessed 7 October 2026)
- R (Scardfield) v Police Medical Appeal Board [2013] EWHC 3822 (Admin) — para 6 (A12(1A) text), para 26 (permanent means until retirement), para 27 (guidance saying 'for life' was wrong), para 43 (claim dismissed) (accessed 7 October 2026)
- R (Goodland) v Chief Constable of Staffordshire Police [2020] EWHC 2477 (Admin) — para 23: SMP appointed by but otherwise independent of the authority (accessed 7 October 2026)
- Home Office, Guidance on medical appeals, Section 3: permanent disablement (archived 31 August 2022) — PNB 2003 list of ordinary duties and key capabilities; marked 'no longer current' (accessed 7 October 2026)
- Home Office, police medical appeal board guidance (collection page) — status of the archived guidance (accessed 7 October 2026)
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Disclaimer
PolicePay.co.uk is an independent reference site. This page is general information, not legal, medical or financial advice, and the outcome of any injury award or ill-health retirement decision turns on the medical evidence and the facts of the individual case. Decisions are made by the police pension authority, selected medical practitioners and appeal boards, and the regulations are amended from time to time. Speak to your Police Federation representative or a solicitor about your own case, and your pension administrator about your figures. If you are struggling, speak to your GP or one of the services listed on our support directory; if you or someone else is in immediate danger, call 999. Details apply to England and Wales unless stated. Details are as checked on 7 October 2026.