Inspector Adrian Smiles, a Northumbria Police officer, and vice chairman of the Northumbria Police Federation has asked the ICO to rule on the matter of demanding full medical records from birth.
The artificially high, SMP imposed, glass ceiling of a PPA’s definition of attendance has been smashed and put beyond doubt by the Information Commissioner in the declaration that such demands of personal and sensitive data is excessive and a breach of the Data Protection Act.
Northumbria Police Federation Wins ICO Advice Notice
19 thoughts on “Northumbria Police Federation Wins ICO Advice Notice”
I am a former Police Officer, I also have a law degree. Studying law requires lots of reading, analysis and the ability to appreciate the law as well as developing cogent arguments.
Sadly, having read the Crudace case and others Nicolas WIRZ clearly doesn’t understand the law. Read the Crudace judgement. I bet he advised on this one too to the ICO.
Mr Wirz isnt very good, I wonder how much he has cost Northumbria Police in legal costs, PMAB fees, SMP fees etc.
Well done Adrian Smiles, and well done ICO. Right will always overcome might!
Now if we could get the Federation to approach the government about the abuses of the IOD Pension Rules and Regulations that some forces are involved with. The Law is the Law. We have all followed the law and suffered for it. The abuses taking place with us at this time should be penalised.
Excellent – another chink in the ever brittle armour of the discriminators!
Yes, an excellent result. At last we are seeing the llegal methods dreamed up to rob our injured police officers of their justifiably earned medical pensions being challenged by the Police Federation and defeated.
But why now?
Pleased as I am that the Federation are now more involved in our fight, how does this help those who have supplied full medical records and questionnaires under threat and duress from their force and on the advice of the Federation and NARPO in the past?
Amongst my ever growing file I have the last written advice from the Federation just prior to the last mass review where it states……………………..
“You will receive a request to complete a questionnaire together with consent for your GP s medical records and occupational health file. ……. we have sought legal advice on non cooperation with these reviews as the force intends to reduce any band higher than band one down to band one if the information requested is not forthcoming. Unfortunatetly this advice is such that such a reduction would most likely be deemed lawful.”
“Both Federation and NARPO advise that the questionnaire and consent form be completed and returned to the Force.”
Later I received a letter from my force threatening, “consideration will be given to reducing your award” from band _ to band one” as I had taken IODPA advice and not returned either.
So how many IODs have had their bandings reduced because they honestly complied with the wrong advice and gave in to threats from the force, and what do we, and the Federation, do about it now?
Let’s just remember why we are where we are now and why IODPA formed, its because NARPO and the Police Federation have sat on their hands over these illegal reviews for years. For whatever the reason, national or local they just did nt get involved in our fight, we were isolated, going through hell and left to fight these unlawfull reviews alone, we needed to be brought together not kept in the dark.
Yes they have helped with funding but they have never, from the beginning, challenged in court these illegal dreamed up mass reviews, misinterpretation of the regulations and the illegal threatening and intimidating methods used by forces? I joined IODPA because I was not getting the help and support I needed from NARPO and the Federation. IODPA has given me the support and knowledge I needed to get through my last review and no doubt the next one and I am very, very gratful..
Is it because IODPA are highlighting these illegal reviews, asking awkward questions and legally challenging everything that The Federation now have to get involved to save face?
Also, I find the fact that anyone from the Federation would sit down with NWEF at one of their meetings utterly distastful and surely just a crafty ploy by NWEF to give their meetings some credibility. In HR world this will no doubt be seen by them as “consultation with the Federation.”
NWEF’s twisted, illegal interpretations of the Police Pension Regulations have caused massive unneccessary mental distress and financial harm to many of our vulnerable colleagues. As far as I am concerned, they are the enemy. They, and the forces they represent must be challenged and defeated legally to prevent more illegal reviews and more IOD pensioners being harrassed until the day they die just because they were injured on duty, unable to perform police duties and made by their forces to retire early.
The Federation and NARPO could and should have done more sooner and its because of their lack of interest and involvement in the past that HR managers have been able to illlegally do what ever they liked to IOD pensioners and get away with it.
I look forward to IODPA, NARPO and the Federation working closely together in the future to end the injustice of illegal reviews.
As it had been said being a Fed rep isn’t a popularity contest.
The Next NWEF (NAMF) will be interesting, so you have the likes of Nicholas Wirz, Solictor, Lesley Anne Knowles and finally Dr Broome SMP regular attendees Knowles being the Chair and Wirz the legal advisor.
You have some deluded forces atttending, because not all 43 attend. This group is just resurrecting the HO guidance which was declared unlawful. Wirz even gave evidence and was on the losing side. I can’t think.of a JR he’s actually won. In private practice he would be dismissed, but in the Police he is content to waste tax payers ££££.
The last NWEF Inspector Smiles was in attendance at the request of Wirz, Knowles et al. I’m sure they thought they could turn him. I would love to be a fly on the wall for the next NWEF meeting.
Inspector Smiles in case you didn’t know you have made a protected disclosure to the ICO in respect of the Law so if they victimise you then an ET would appear to be the way to go.
Many thanks to Inpector Smiles from all former injured on duty officers for upholding the law as all Police officers should,including those holding senior ranks!!
This travesty must end ..
What is evident is that the majority of injured officers are unable to seek a second career or even a meanial job (unlike senior officers who are not out on the streets confronting violent offenders, and able to take a lucrative second career and pension rights)..
All IOD former Police officers want is to be treated with respect and dignity which I don’t think is a lot to ask having given their loyal and courageous service to the public and their respective Police forces..
Thank goodness for IODPA and their truly magnificent efforts to achieve this goal for all injured on duty officers..we are so very grateful and humbled by your achievements on our behalf.
Justice will always prevail.
Remember ‘ An mouse can eat an elephant if he takes small bites ‘..
Congratulations…perseverance by the IOD.!
Being a Federation rep should never be a popularity contest and a cushy number as some believe it is, and sticking it to his/their paymasters won’t have gone down well I’m sure, so well done to Adrian and all those involved for having the moral courage to take it on board and fight it.
Who would have thought so many former officers would have to fight to uphold not only the spirit of the law but the law itself, against the very organisation in which we were proud to serve. Thank you IODPA and Adrian Smilies, let’s hope this cooperation between NARPO and IODPA continues to grow in protecting the rights of retired officers
Adrian SMILES / PFEW I salute you.
I am an IOD pensioner and a former Fed Rep (not Northumbria). We must never loose sight of the fact that all those effected are federated members. PFEW have ran the protect the protectors campaign and rightfully so. Protecting those that protect us includes protecting them many years later when they lose their livelyhoods having put themselves in harms way and then the financial security of an injury award.
The Home Office through their unlawful circular have created a legacy of maladministration, NAMF, now morphed into the national Well being headed by Northumbria HR and legal are replicating the mistakes of the Home Office.
The Only Thing Necessary for the Triumph of Evil is that Good Men/Women Do Nothing………
This is excellent news and a complete vindication of what IODPA has been saying for a considerable period of time. I trust Northumbria Police, Mr Wirz, Ms Lesley Ann Knowles (Head of HR) Dr Broome (SMP) and the Chief Constable who is the PPA will take note and return ALL information that they have on individuals concerned without delay. Whilst I am on my high horse what about an apology from all concerned to all of us who have been threatened with all sorts of action which is unlawful.
How ridiculous. The ICO and the Judicary should write to all forces advising them on their course of conduct regarding medical records and medical assessments.
Furthermore, a graded compensation system should be put into practice for malicious and aggressive tactics where it is shown that forces have breached any regulations.
Injured officers have enough trauma to deal with, and consideration should be given to the use of the Harassment Act, where it can be shown alarm and distress has been caused.
Thank you Inspector Smiles for pursuing this matter. It is much appreciated by hundreds of pensioners throughout the country.
For years, pensioners have been taken advantage of. They have been relentlessly pursued, all in the name of money. Their well being was not given a second thought.
Well done to the ICO for finally making the right decision. We know that it wouldn’t have been an easy task.
Common sense and decency have prevailed.
Another thank you to Adrian Smiles. It’s good to know Federations are now starting to work alongside IODPA. Pensioners can start to sleep better at night knowing that these two great organisations are together rather than apart.
Adrian smiles, we smile. Justice eventually is seen to be done. You HR and quacks lot who are reading this, take the letter and shove it as far as it will go. Stop trying to injure the injured.
Really nice to see the federation being proactive in the fight against unlawful demands from HR, SMP’s, and the PPA. This should stop the threats from HR to hand over my medical records which IODPA always said was unlawful. Thanks to Inspector Smiles and Iodpa advisers.
In the past I have been critical of the lack of support from the Police Federation. Not so since Insp Adrian Smiles took up the baton. He has provided me with sensible advice and support in combatting the unlawful tactics of Nicholas Mr Wirz, Lesley Anne Knowles and Northumbria Police.
Small victories along the way.
Well done Adrian.
At last…..ICO have, on balance come to the ‘appropriate’ conclusion in this cast, and in no small part to the ‘Pathfinder’ Joe…..
Fantastic IODPA and the efforts of retired officers who have fought against malpractice. At last the Police Federation are being proactive. Thanks also to Inspector Smiles.
This is an excellent and sensible decision from the ICO.
This needs sharing far and wide and into the corrupt nooks and crannies of Police Force HR departments.
Adrian Smiles of Northumbria Police Federation has acted superbly on behalf of his members.
Thank you Mr Smiles from someone currently under risk of my family’s life being changed as a result of the unlawful threat of reduction in my injury award simply for refusing to consent to the release of my medical records from birth.
Your support is really appreciated.
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