A candidate for the National Police with flat feet obtained a judgment that considers him suitable for the police, overturning the decision of the Medical Court which excluded him from the selection process. This was examined by the Superior Court of Justice (TSJ) of Madrid, in a judgment published by the Suárez-Valdés law firm, which explains having defended the person concerned.
The candidate to join the National Police has flat feet, but had been judged suitable during three previous calls for competition. In August 2021, however, the medical tribunal ruled that he was not fit for the body, which excluded him from the selection process, finding that his degree of flat feet was more serious and that it was disabling for the job.
Concretely, the opponent was “excluded because he fell within the scope of the cause of medical exclusion included in point H.10, according to the table of exclusions, that is to say “morphological alterations of one or both feet which may lead to intolerance to the use of shoes.” .
The police opponent’s defense argued that the arguments put forward by the Administration were “totally generic” and “could apply to anyone with flat feet”, also adding that the candidate had “not only succeeded physical tests selection process, but during his own medical examination, during three different calls.
Medical Testing and Eligibility Consideration
The medical tribunal report justified his exclusion because it detected a “drop in the longitudinal arch of both feet, presenting bilateral grade III flatfoot, alterations which will likely be a reason for future disability”.
In response to said report, the police candidate presented other medical reports from specialists in traumatology and orthopedic surgery, as well as a biomechanical study prepared by a podiatrist. The evidence presented therefore supported the “full functionality of the adversary’s feet and ankles.”
He also provided a radiological study, “which shows that he has bilateral flat feet with no degenerative changes or associated deformities of the digits, forefoot, or hindfoot.” “Flexible flat feet, grade II (mild), which constitute a simple variant of normality, because they are asymptomatic and do not alter the functionality of the lower limb,” specifies the judgment.
Thus, the Superior Court of Justice of Madrid considers that the “detailed medical reports” presented by the applicant “conclude the non-existence of excluded pathologies”. This, added to “the fact that the actor successfully passed the medical examination during other previous appeals, allows us to consider as distorted the presumption of accuracy of the official medical report which justified the exclusion” of the opponent .
For this reason, the court considers the candidate “suitable” and decides that he must be included again in the selection processes to enter the National Police. Furthermore, it orders the General Directorate of Police to pay costs, up to a maximum of 800 euros. The sentence, notified yesterday to the opponent’s defense, is subject to appeal to the Supreme Court.
