Icarus – Injury reviews, too hot to handle.

Icarus : the son of Daedalus, tried to escape imprisonment by flying with artificial wings made of feathers glued together with wax. He flew too close to the sun, which melted the wax. Icarus fell into the sea and drowned.

Wednesday 13th December is a day that injured on Duty Pensioners in Staffordshire and across the country will remember for a long time to come.

On that date Dr Vivian, the SMP contracted to conduct Reg 37 reviews, has with immediate effect, RESIGNED from the process, stating that it has, “been a major burden”.

By a strange twist of synchronicity, Dr Vivian conducts his business through his company called Icarus Ltd. It seems that Dr Vivian has found things too hot for him. We have no wish to see him come to harm and his resignation may well be an honourable reaction to being in a situation which compromised his ethics.  But, will his departure cause those in charge in Staffordshire Police to give any thought to the adverse physical and psychological affect that the reviews are having on the disabled pensioners themselves?

Many of you will know, that since the summer, Staffordshire Police have been ruthlessly pressing ahead with reviews, with virtually every reviewed pensioner being reduced in banding or having been unlawfully threatened with loss of their pension for not providing their full medical notes or completing a questionnaire.

Dr Vivian has been at the heart of these reviews. Although pensioners are stating that he has been nothing but courteous and polite, he has been reducing people unlawfully and he has been making outrageous demands for medical records to which he, and the police pension authority, are not entitled. It is bad enough that Dr Vivian and his employer have been acting outside the law, but it is beyond all bounds of normal decency that the actions are accompanied with threats.

We believe that Dr Vivian is a decent physician who appears to have been misled by those paying his fees. His attendance at the laughingly mis-named National Welfare and Engagement Forum (NWEF), lair of the infamous and erroneous Nicholas Wirz and cronies, suggests that his independence is questionable. At those meetings he will have been subjected to abundant bad advice and copious misinformation concerning the duties and legal restraints which apply to the conduct of injury pension reviews.

A doctor should always look after his or patients without causing harm or unwarranted distress. Did Dr Vivian come to realise that he was being forced to sell his soul?

We understand that Dr Vivian has recently been under an enormous amount of stress over performing the role of the SMP during these reviews. This may have been caused by Staffordshire Police putting pressure on him to obtain the results that they want rather than leaving to him providing a fair independent expert assessment.

Dr Vivian has stated of SMP work that, ‘. . . it has a reputation of being highly contentious“. We at IODPA say in response, that If all reviews were conducted properly and fairly under the Regulations, then then there would be no need for stress and contention.

The SMP’s departure leaves Andrew Coley and Chief Constable Morgan in a predicament.

Do they now follow Avon and Somerset Constabulary who terminated reviews in June this year or do they continue to waste tax payers money on pursuing reviews?

IODPA continues to closely monitor events and sincerely hopes that Dr Vivian’s resignation will signal the beginning of the end of unlawful reviews and the abhorrent threats and intimidation which too many vulnerable disabled pensioners have been subjected to.

Icarus – Injury reviews, too hot to handle.
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59 thoughts on “Icarus – Injury reviews, too hot to handle.

  • 2017-12-20 at 8:55 pm
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    A few very simple questions🤔

    Where does this leave those pensioners who have already appeared infront of Dr Vivian and have either been reduced or Dr Vivian has failed to complete the required certificate?

    Where does it leave Staffordshire Police, after all, they threatened pensioners with the fraud act and pursued pensioners without any concern about their health and wellbeing!

    Together with Dr Vivian and Andrew Coley they have been and continue to be responsible for untold stress and anxiety?

    It appears to be a relentless machine, accountable to no one and with no moral compass whatsoever.

    Andrew Coley and Vivian threatened (or in Vivians words ‘advised’) pensioners that non attendance at their review could result in serious consequences for the pensioner?

    I could go on but if you have read the previous comments I think you will all get the picture I am painting here 👀

    So a pensioner attends, they answer all questions asked of them and they walk away, no doubt relieved that the months of stress are now, to some extent over.

    OR IS IT!

    Dr Vivian WAS employed by Staffordshire Police, presumably all due diligence checks took place before he took up his position as their independant SMP?

    Strange word that ‘independant’🤔

    Dr Vivian then walks away, the reason, at this time does not matter, what matters is what SP do next🤔

    Are they going to go after those pensioners again, a different SMP and another review to attend and look forward to!

    My best guess, letters before Christmas and rearranged reviews… Happy Christmas from Mr Morgan xx

    What happens to Dr Vivian?

    What repercussions are there for Andrew Coley and Mr Morgan?

    For the moment, it looks like business as usual for them.

    For pensioners it is, as always, a very different story!

    What a very sad state of affairs 🙈

  • 2017-12-20 at 8:55 pm
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    A brilliant write up of his attendance at two reviews by Joe Herring! It just shows you how one sided and unlawful the review process is. There has been so much case law on this subject where the official side have unlawfully conducted reviews, and yet, still the official side carry on with their bullying unlawful ways.

    An IOD, called for review, only has to attend the SMP”s examination. Nothing more. They do not have to answer questions or provide any medical information. That is the law! To do anything else just invites the official side to act unlawfully and take away the IODs pension. Do nothing to help these people! They are worse than some of the people we dealt with on the street. Significantly worse!

  • 2017-12-20 at 6:02 pm
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    Well well well, a DR has seen sense and decided to resign from this unlawful review process.
    I beleive that it is time for some big guns to start looking into these reviews and Ill health retirements.
    The government need to put a stop to this quickly and investigate how they should be administered and make forces do it in line with the regulations and caselaw.

    The amount of money being wasted at the moment must be in the millions and still they carry on as if they don’t care(I know that they don’t) at the end of the day it is money that could be used for better use within the police.

    SMP listen to NAMF or whatever name they call themselves, perhaps it is time that they were highlighted and brought to account for misleading SMP’s and forces by issuing guidance that has no foundation and is not enforceable neither is it approved by the Home Office.

    Maybe an approach to the home office in the New Year asking them why this review process has been able to progress and become such an uncontrolable monster?

  • 2017-12-20 at 4:56 pm
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    The mysterious Andrew Coley, what is the exact nature of his being in Staffordshire ?
    Was employed by the Home Office, or still is and just on a secondment ? This may explain his so called temporary contract, was he parachuted in to oversee this farce and then disappear?

    Temporary may imply that they were expecting the IODs to roll over in double quick time so that he could scuttle off back to H.O. The plot thickens.

    Whatever the outcome of these reviews it will be interesting to see where he resurfaces next.

  • 2017-12-20 at 1:41 pm
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    So Andrew Coley has worked for the Home Office. The Home Office wouldn’t have anything to do with sending him to Staffs Police. Would they?

  • 2017-12-20 at 1:37 pm
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    I understand that Dr Charlie Vivian has resigned from the SMP process. I also understand that he has said that Dr’s do not want to get involved in SMP work because the process is contentious. I wonder what encouraged Dr Vivian to perform such a role then, that no other Dr wants?!!!

    Dr Charlie Vivian. The process is not contentious if it is followed lawfully. It is very simple. I accept that following the process lawfully doesn’t allow for Forces to routinely reduce the injury awards of former police officers, but that’s not what the process is for.

    Your job as an SMP, Dr Charlie Vivian, is to make a MEDICAL decision and determine if there has been any SUBSTANTIAL alteration in the circumstances of the pensioner. What is contentious about that to a Dr?

    The process only becomes contentious when pensioners are forced to defend their right to an injury award banding from unlawful practices by PPA’s and SMP’s.

    But, if you were truly acting as an independent SMP, Dr Charlie Vivian, it wouldn’t matter what was happening between the pensioner and the PPA. You would just make your medical decision on the medical evidence you had in front of you. Simple as that.

    You would know that statistically there would be as many pensioners whose injury had worsened (if not more) as there would those that had no change or those that experienced some improvement. And yet, I do not believe that you assessed one pensioner whose medical index injury you found to be worse or even the same. Come on DOCTOR !!

    You may have resigned now, but I wonder how much mental and financial damage you have already caused to pensioners and their families.

    I hope you have resigned because you do have a shred of decency in you. I hope you have resigned because you are, deep down, a good and honest medical Dr. Because you know what is happening to pensioners is appalling.

    I really hope that you don’t, further down the line, get drawn into making up some false and spurious, ridiculous reason for resigning. Something that could be shown to be untrue and stain your character, integrity and reputation as a Dr even further.

    Your reputation as a Dr will ultimately be determined by the way you act after your resignation. Follow the advice of your former paymasters and see where that leaves you in a few years.

  • 2017-12-20 at 11:19 am
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    Dr Vivian has been described on here as no fool. I tend to agree that he is an educated man who knows what is right and what is wrong. But this worries me. Dr Vivian performed a review of a police pensioner who had not given permission and consent for him to have their medical records. Yet he admitted to having, and pointed to, the pensioner’s full medical records on his desk in front of him. He told the pensioner that he knew he didn’t have consent to have them but he said he hadn’t read them!!!!! WHAT???? Come on Dr Vivian. Is that really ok with you?? Sadly, Dr Vivian, while I think you are probably one of the nicer SMP’s suffered by ex police officers, this is no accolade given that the likes of Cheng and Broome are only slightly better then convicted serial killer Dr, Harold Shipman. All of you as Dr’s are inflicting serious harm on your patients. You cannot seriously think it is ok to threaten to take a Pensioners banding away because they exercise their lawful right not to consent to you seeing their private and confidential medical records? That is just one of the abhorrent things you have told police pensioners Dr Vivian. I wonder if you will have a lovely, stress free Christmas, Dr Vivian because those poor pensioners you have unlawfully reduced or told a pack of lies to certainly won’t. Shame on you Dr.

  • 2017-12-19 at 10:19 pm
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    Vivian, has been described has approachable, courteous, polite etc., etc. “Smiling Assassin ” springs to my mind.

  • 2017-12-19 at 9:58 pm
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    Is Vivien, (excuse no title) the first casualty to be suffered by Staffordshire Police?

    Could it be that their first casualty was former Chief Constable Jane Sawyer? Remember she was the person who put her signature to commence these reviews in S.P. Did she sign willingly or under duress?

    It appears that she took little part in the process thereafter, and perhaps a little prematurely retired before the process started in earnest. Could it be that she had little appetite for it, which may have put her at odds with the PCC Matthew Ellis? Did she jump or was she pushed?

    Whatever the reason for her departure, it seemed very timely for Mr Ellis to appoint someone with much more of an appetite and a more robust and enthusiastic approach to the persecution of I.O.D.s. Step forward Gareth Morgan.

    The question now is, who will be their next casualty? Surely the noose is getting tighter around the necks of the wrongdoers in Staffordshire. Or are they so protected by the Home Office?

  • 2017-12-19 at 6:55 pm
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    Dr Vivien may be experiencing stress, attributed to the demands of his role as SMP. This may be a contributory factor to his resignation from the role of SMP. Well welcome to our world. Most of the stress experienced by police officers and their families is caused by your decisions as well as those of your colleagues. Now, as far as paternalism and hierarchy are concerned, many police officers and their spouses are intellectual so please don’t try to usurp us, Doctors Vivien et al and Mr Wirz. You may have been afforded a ‘title’ and an attractive salary but the sad fact is you are no greater than those you choose to annihilate. This has been proven in the justice system. Sooner or later, you will be exposed!

  • 2017-12-19 at 2:22 pm
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    I was present at two of the reviews last Tuesday and I thought I would give you my impressions of the way they were conducted and the manner in which they were conducted.
    As has been said Dr Vivian is very polite and comes across as being reasonable. He claims that he does not look at any data that he does not have consent to look at which applied to both reviews I attended. It begged the question for me as to why he was in possession of that data and I do think those concerned should be pressing for an explanation as to my mind it clearly contravenes the Data Protection Act.
    Dr Vivian accepts that there isn’t an obligation on the retired officer to provide medical notes or complete a questionnaire but that doesn’t stop him applying pressure to get them. He uses the analogy of a heart surgeon needing your notes to save your life and you refusing them. He doesn’t use the analogy of you giving them and him reducing your pension to the lowest level.
    The two reviews I sat in on finished as ‘unable to make a decision’, the one in between who I understand provided medical information was dropped two bands on the spot. I wasn’t there so don’t know the reasons why but suspect was because he could.
    During our conversations Dr Vivian accepted that his job was to compare the current review with the last and make a decision on whether there has been a substantial change. He did mention some stuff about calculations and so on but the gist is it is a comparative exercise. So without those medical notes it is in my opinion impossible for him or any other SMP to make a decision and he accepts there isn’t any obligation to provide them.
    He does concede that any training he has had for this role was a long time ago, although there is a briefing paper (seven pages) issued by Andrew Coley. He did offer to provide a copy to me but has since withdrawn that offer.
    He is on first name terms with Andrew Coley; he has attended NAMF meetings and taken an active part; he has shared a table with Andrew Coley; he has not sought or been given a viewpoint other than that supplied by Staffordshire Police, other than a chat and review of some guidance provided by me that took place over the lunch period.
    As for the premises used for review they are in my opinion woefully inadequate: it is somebody else’s office borrowed for the day; the walls are thin and conversations in the next room can be easily heard; one review was interrupted by a telephone call presumably for the office user; it is a small cluttered room with no facility to carry out a medical examination, which I suppose is just as well as Dr Vivian told me that he didn’t know what the injury was in either review or the current banding and that he was in essence a GP qualified to consultant level in occupational medicine; certainly not qualified to conduct an examination into specialist medical conditions.
    It appears he has a mindset of only reducing pensions, I say this because all he talked about was reduction and when I pointed out that pensions can increase or stay the same his view was that he expected them to go down because age will overtake. I did point out that whatever happens his role is to look at the duty injury – that is the one that needs to have a substantial change. His thinking is though that he can apportion if there is another injury. Personally I think he is confusing Ill Health Retirement (of which he done a lot) with Ill Health Retirement Review (of which he has done about 10) and that he has been poorly trained to see the difference. All he has had is whatever Staffordshire Police and NAMF have provided him with.
    As for bias, again personally I think it’s there, probably institutional bias created by only hearing one side of the story, that of Staffordshire Police.
    I think the manner of his resignation with immediate effect reflects that he probably had some questions about what he was doing coupled with the feelings of those whose livelihoods he was taking away. Part of the reason for his resignation was given as stress which we all know is very real and can have a huge effect on all aspects of our lives and I would therefore urge all those who have been reviewed and dropped by Dr Vivian to seek reassurances from Staffordshire Police that those reviews were conducted properly. I would also suggest that the legality of those reviews is questioned in view of the lack of training provided.
    I have tried to be fair in my comments but accept that I may have got some aspects wrong; if so I am happy to discuss them and try and put them right.

  • 2017-12-18 at 9:52 pm
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    The first one has jumped. Well well well. I have no sympathy for this man who calls himself a doctor. I hope the message reverberates around all those who do SMP work. There is no more hiding behind whatever force is paying you.
    The good guys are coming, of that, there is no doubt.
    I wish you no ill Dr Vivian, if you are reading this, but you should have thought long and hard, before you started treating pensioners in such a despicable manner, whose only crime was to get injured protecting the public that you also serve.

  • 2017-12-18 at 2:29 pm
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    Does anyone have access to Dr Charles Vivian’s SMP resignation letter?

  • 2017-12-18 at 12:06 pm
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    Why so much sympathy for this spineless jerk. Where is his sympathy for those who’s lives he’s destroyed.

    The coward had the option to leave the corrupt process, we unfortunately do not.

    A great result for IODPA and the strength and persistance of our members. Challenge every illegal breach of the rules, every unlawful act, keep up the pressure, make SMPS stick to the rules and if they don’ t, keep reporting them to the GMC, that’s who they really fear.

    Vivian and all the others thought they were untouchable because they have got away with malpractice for years unchallenged. Challenge them and they run off.

  • 2017-12-18 at 9:33 am
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    Dr Vivian, why did it take you so long to finally walk away from this? You knew from the outset what was being asked of you. You were never independent, you could never claim to be independent. Attending NAMF meetings with Coley sat beside you does not make you independent.

    Being a professional myself, my partner is the injured officer, I cannot even begin to comprehend why you would have considered attending one of their meetings. What on earth were you thinking about?

    You were leaving yourself wide open,quite rightly, to criticism.

    You are a doctor, you are an intelligent person. You are able to think things though in a reasonable and articulate way.

    SMPs are independent practitioners. They should get their advice from their own sources. Not be fed tripe from the den of inequity. And even worse, believe it all.

    Surely you read information that IODPA regularly give out on how reviews should be done?

    All you have done is taken dirty money. I hope you can sleep easily at night knowing what you are doing to lives of people. I hope when you are enjoying your Christmas Day with festivities going on, you will spare a thought for those who will be sitting in misery and despair.

    All caused by you, Dr Vivian.

    You were always known to be one of the better SMPs in existence. You are no better than the rest of them. And I’m truly sorry about that.

  • 2017-12-16 at 4:14 pm
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    I appreciate that Dr Vivian has felt that he was stressed doing the SMP job for the SP. (He will not have been quite as stressed as those IOD pensioners he has reviewed though!) That must mean that he has become reminded of what his role is supposed to be, legally, medically and honourably and KNOWN that he has been doing it purely and simply to satisfy his employers and ‘win’ the high fees for doing so.

    Wouldn’t it be wonderful if Dr Vivian were to now make a full (and true) statement as to what has caused his stress and his decision to resign from this evil practice and send a copy of that statement to the SP CC, SP HR department, SP legal dept, NAMF / NWEF, and, of course, a copy to IODPA who are doing their best to put things right again.

    I think it is time to start a FULL investigation into NAMF / NWEF too! THEY are the ones who are ‘laying the turf’ for these legal ‘competitions’ that they can never win, but the damage that is done to IOD pensioners has to stop!

  • 2017-12-15 at 10:52 am
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    Whilst there are obligations to review, there is no contention on that point, but there is also an obligation to treat all fairly. Is the desire to review also extended to those IOD officers who are on Band One? The partiality of administration is exposed because reviews of these officers tend not to be initiated by forces, as it can only result in an increase in banding.

  • 2017-12-15 at 9:32 am
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    Isn’t it about time Dr William Cheng got a conscience and removed himself from the role of SMP – tongue in cheek! Hell will freeze over first and he’ll be down there when it happens!

  • 2017-12-15 at 7:54 am
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    Some very forgiving people on here, I can’t imagine the good Doctor traipsed home every night, wracked with guilt and a heavy conscience in need of consoling by his family, no, I’m sure all he did was look at his bank balance and everything was fine and dandy ! If it bothers you that much, why not donate your ‘winnings’ to a suitble charity, say IODPA, only then will I start to see you in a different light, maybe.

    In the meantime I’d like to offer an apology on behalf of all the people you reviewed for being a “major burden”, So very sorry it made you feel that way, not like you performed any major or critical role in any of this is it !

  • 2017-12-15 at 7:00 am
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    I believe that Dr Vivian has been hoodwinked. A whole bunch of FMA, SMPs, PMAB Chair(s) have attended NAMF training.

    The Home Office Circular 46/2004 was deemed unlawful as it was imagined that suxh a ircukar could usurp Regulations and Case Law. The courts deemed it could not.

    Read the following :-

    https://iodpa.org/2015/06/09/how-the-rot-set-in/

    https://iodpa.org/2017/02/05/the-judicial-fallacy/

    NAMF and namely Derbyshire and Northumbria Police as their self styled leaders issued unlawful guidance. NAMF guidance is like Home Office Guidance……unlawful it CANNOT supplant Regulations or Case Law.

    So NAMF think an SMP has Judicial Powers like a coroner? Really Mr Wirz can you please show me the Judicial Appointment that has occurred?

    NAMF Guidance says that medical records can be held from Birth – No says the ICO Office – they told the Police Federation so, surprise surprise it’s Northumbria again

    https://iodpa.org/2017/11/24/northumbria-police-federation-wins-ico-decision-notice/

    If Northumbria Police has such an excellent understanding of the regs why does it keep losing High Court cases Crudace, Howarth, Simpson, Fisher x 2. We now have Employment Tribunal cases pending also.

    What would happen if say all Northumbria Pensioners went to PMAB ?

    What would happen if those on Band 1 asked for a review and then went to PMAB ?

    How much money would that cost Northumbria ?

    • 2017-12-16 at 11:06 am
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      LAWMAN, a correct analysis, pinpointing the exact cause of this cancer, the sooner the bodies that are spreading this unlawful malignant codswallop are brought to task the sooner the matter will lawfully be resolved.

      • 2017-12-16 at 7:51 pm
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        LAWMAN, I have thought more on your words which are as stated earlier in my opinion correct. Dr VIVIAN was under no legal obligation to obey or follow the orders of the NWEF or the PA. By himself being a regular attendee at the NWEF meetings indicates that he must have contributed and likely have been involved in the policy making and guidance. He was not forced to act as an instrument of the NWEF or PA. He was clearly in the game for the money which probably seemed easy at the time like stealing pennies from the blind beggars bowl. He tried to perceive a distance from the outcomes that he himself caused however his proximity to the NWEF and PA is firmly linked. His feeble excuses for standing down are likely not the only reasons but are more likely financial, to him and an effort not to further tarnish his reputation as Doctor. In his case and others to come, “Dr” CHENG, “Befehl ist befehl” will not endure.

  • 2017-12-15 at 6:52 am
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    Better late than never Dr Vivian but please spare a thought for what you have already done.
    The stress and grief already caused to the IOD pensioners that you have reviewed and reduced, can you imagine how they are feeling at this moment in time? These men and women you have been reviewing are honest, law abiding people that were injured on duty whilst protecting people like you and I whilst we sleep safely in our beds at night and go about our daily lives.
    I’m sure you chose your profession because you care about people. so what ever went wrong, what happened to change this? It’s not too late to do the right thing and be honest and open about what happened, best do it sooner rather than later.

  • 2017-12-15 at 12:06 am
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    Well I have to admit I got this one wrong. I really thought that Dr Charlie Vivian was a money motivated cretinous failed medic who had sold his soul. It is clear from what has gone on in respect of his withdrawal from the illegal process that he clearly values the Hippocratic oath that he signed. I have to say that I am full of admiration for him because it would have been so easy for him to continue to take the blood money on offer and agree to the illegal practices that his paymasters at Staffordshire Police wanted him to continue to do.
    He has obviously had to search his conscience and has come to the correct conclusion that what he had been instructed to do was wrong, unlawful and morally corrupt. The stress he has suffered does pale into insignificance to that suffered by those subjected to his reviews but at least it is better late than never.

  • 2017-12-15 at 12:01 am
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    Staffordshire Police? Law Enforcement Practitioners? I don’t think so. This police force has been described in the national press as a force out of control. I would argue it is a force that must have total control. The SMP has realised he has been forced into an unlawful process, the IOD is forced to give up personal medical records or lose their injury pension. IOD pensions have been magically adjusted and may have been artificially reduced by Staffs magic calculations that reduce seriously injured officers pensions to basic band 1. Data has been misplaced and abused but the ICO does nothing, the NHS would be seriously fined if they abused personal data like Staffs has, why the difference? How do police forces afford to lose so many cases? Is the Home Office subsidising the process? It is known that the Staffs single point of contact is ex Home Office, how far up the food chain does the corruption go? I served in a once proud and respected police force, you could go to any police force in the UK and say you were Staffs Police and there would be respect. Now I am ashamed to even admit I was a police officer and it is so embarrassing to have been a Staffs officer I tell people I was BT police. If the facts we now see are right then Staffs Police are defrauding pensioners, have abused data, are undertaking reviews against the regulations and decided law and causing harm to health and finances of officers injured whilst protecting the public. NARPO In Staffordshire have advised IOD pensioners to tell all to Staffs, this advice from a person who openly says he is not a pension expert. There is liability, unlawful actions by the CC and the minions at HQ, by the SMP, by NWEF and the low moral behaviour of it’s participants, by NARPO. I hope they have to answer to their liability. Well done to those IOD folk in Staffs who have given this policefarce a hard time, you know who you are, we do. thank you Federation and thank you IODPA and your legal eagles who have once more shown us the way forward. The slime balls at Staffs and NWEF will continue their filthy grubby tactics. We will continue to oppose them until they follow the rules and conform to our human rights and regulations.

  • 2017-12-14 at 9:51 pm
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    The man’s been shafting pensioners and destroying lives for god knows how long, him, along with the others should come clean, it’s as simple as that.

  • 2017-12-14 at 6:51 pm
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    Obviously one of the smarter guys involved, who see the writing on the wall. This would never have happened if it weren’t for IODPA!!
    Thankfully he wasn’t my choice for SMP.

  • 2017-12-14 at 6:08 pm
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    Let us be clear here.
    ‘Doctor’ Vivien is a ‘doctor of medicine’? I presume. If this is the case, then he is bound by his professional regulatory body: the GMC.
    As such, he is bound by his professional code and always has been. So, if he has been engaged in practice that is considered substandard, he has a professional obligation to report it, including reporting to the GMC regardless of his bedside manner….
    Of course, he is undoubtedly torn between a rock and a hard place because it would appear that he has been potentially acting unlawfully with regard to accessing medical records and no doubt following the recommendations postulated by the NEWF. But alas, his private contract has filled his pockets!
    So what does he do?
    Is it the case that the GMC, now fully aware of the shenanigans of greedy bottom feeders of the medical profession are on his tail OR he is savvy enough to quit before it gets even more difficult?
    He is not the first rat to run ship but don’t forget the devastation of IOD’s he has left in his tracks……..
    Those who praise his decision would do well to heed the above, his pension will be far better than yours….

  • 2017-12-14 at 5:39 pm
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    I would say Vivian like any criminal was starting to feel the heat and when they do they try and disappear or say sorry. Vivian and all his chums have caused untold damage to injured cops taking ACPOOs cash to lie and humiliate injured officers. He may have been polite etc but so was Jack the ripper before he ripped your guts out. Cheng and many others are still at it peddling a pathetic mantra to do over people at the most vulnerable points in there life. So Dr Vivian you may have jacked it in but only after causing untold damage to a breed of brave injured people who needed help. Sadly very few found any help at the hands of the police and there hired guns.

  • 2017-12-14 at 5:07 pm
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    I’m sure I’m right in saying that a Doctor called Dr Mumford, acting as an SMP for Nottinghamshire Constabulary, withdrew from the review process of an officer this time last year, describing the Injury On Duty review process as “acrimonious.”

    Two medical practitioners choosing to remove themselves as SMP and losing a very lucrative contract with the police? If they were content with the way the police were conducting themselves, they wouldn’t be jumping ship, would they?

  • 2017-12-14 at 4:48 pm
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    WELCOME TO HELL

    The wooden sign painted in red, imitating blood. The town painted red.

    One man waiting for the returning bandits.

    The whole town hoping that this man will rid them of the evil.

    Dr Vivian is a hired gun.

    Forget about the niceties, whether he was polite, nice, friendly. Even I could be nice for a day at £1800 a day.

    They, the SMP’s are all motivated by the same bloody thing…..
    Money.

    The law, and their own guidelines state that they have dual responsibility, and a duty of care.

    Asking these people “ to do the right thing” is like asking our man in Lago to be nice when the bandits return.

    Vivian and his employers need to be pursued. He needs to be vilified, & Fat Boy Morgan vilified with him.

    He is a hired Gun.

    Too bad he never went to Lago.

  • 2017-12-14 at 4:05 pm
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    I have no sympathy for people like Vivian even if he has seen the light! In his role he has harmed vulnerable injured ex officers for which he has been well paid! He is supposed to be a Doctor, he has supposed to have taken an oath and he is supposed to abide by the Police Regulations!

    There are a small number of other so called Doctors who act as SMPs. Some are, remarkably, even worse! You know who you are!

    Maybe, the Chief Constables who authorise these actions will reflect on their behaviour as well and take the lawful and just actions required by the Police Injury Regulations.

  • 2017-12-14 at 4:03 pm
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    ‘Doing the right thing’ is what we all swore to do when we joined the service. Doctor Vivien also swore to do the same thing when he qualified.

    He can no longer wrestle with his conscience, so he has done the right thing now. Staffordshire Police, and other forces licking their lips at the thought of the reviews should all now follow suit.

  • 2017-12-14 at 3:45 pm
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    It is a sad shame that Dr Vivian had to feel the stress and other emotions whilst conducting IOD reviews, it must have torn him in all directions, ethically bound to look after and assist recovery of patients, whilst being given information by those HR personnel, demanding records which were not required and then down grading IOD Officers, probably from pressure from “on high”.

    Thank you for taking the time to look at what’s happening and come to your own conclusion about your morals and ethics, I personally applaude that decision.

    Although not gone through any review process myself, it is still troubling to see what some Forces are attempting to do, requiring ICO decisions, Court cases and the like to ensure they act within the agreed framework.

    Being housebound for a number of months now, due to the pain and medication required to attempt to control it, I sincerely hope other Forces who employ SMPs give them accurate and factual terms of reference, without the presumed “cost saving” mantra as a final mandate and leave those Officers with genuine injuries, physical and/or emotional alone. They (I) have worked hard during my career, only to get injured and medically retired, I still miss “the job” – best in the world.

  • 2017-12-14 at 3:30 pm
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    Better late than never Dr Vivian. CHENG, hope you’re watching?!

  • 2017-12-14 at 2:50 pm
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    I have never met Dr Vivian but he has been described as polite and pleasant.

    I also agree with the eminent Mr Lock QC that the role of an SMP is a difficult and complex one. SMPs have to apply both legal and medical decisons.

    The rot set in with Home Office circular 46/2004. Guidance cannot supplant the law. The law is encapsulated within The Police Injury Benefit Regulations 2006.

    When the guidance was deemed unlawful a group of forces, notably not all led by Derbyshire and then proceeded by Northumbria set up NAMF now known as NWEF. They set up conferences and invited FMAs SMPs, PMAB chairs to attend. The driving force were HR professionals and lawyers. Whilst the illusion of organisation and Poluce Service sanctioned training was perpetuated as reality the reality was different. This break away group wanted to reduce the injury award bill by any means necessary.

    The unlawful Home Office circular was replaced by the unlawful NAMF guidance. The High Court in a succession of cases had already deemed it unlawful. Undeterred NAMF guidance was issued by Northumbria Police and their lawyer Nicolas Wirz. This lawyer has given evidence and has been criticised in several court cases, Crusade, Simpson etc. He and HR hold grudges, they went after ex PC Stan Fisher twice, Stan 2 – Northumbria 0.

    I would ask any Senior Police Officer, Police HR professional, lawyer, FMA and SMP to ask this questions :

    If Northumbria in Wirz et al were right why have they kept losing at High Court, Simpson, Crusade, Fisher ?

    If the Hone Office Guidance was deemed unlawful, how can NAMF guidance be lawful ?

    SMPs you have been hoodwinked. During my IHR 3 Drs mentioned NAMF guidance the FMA and the two SMPs involved in my IHR and IOD. When not mentioning it explicitly which was done, the FMA quoted Nicolas Wirz by name, it’s principles were.

    Drs are intelligent people, think about this logically how can a Solictor like Wirz decide what the law is ? He can’t only Parliament / Courts may decide the law.

    If forces want to save money it’s easy look at how much money you have paid Barristers, SMPs PMABs, associated costs and stop it.

    Ignore NAMF / NWEF, don’t attend their conferences, their is no legitimate mandate for this group. In any case you wouldn’t ask an alcoholic to run a pub so why is the Force that has lost so many High Court cases leading this group and costing cash strapped forces avoidable costs.

    I would also commend the blog on Judicial Fallacy which further illucidates the point of made up concepts in the Jackanory Story aka Northumbria Police.

    Dr Vivian has clearly undertaken some introspection and realised he has been hoodwinked. I am in no doubt he has been put under pressure to unlawfully review. The Northumbria cases showed how Dr Broome dropped 70 pensioners to Band 1 based on HR advice. He clearly try to impose their will on SMPs, Dr Broome is obviously compliant and found wanting in High Court Judgements whilst Dr Vivian has been honourable….. welk done sir, remember your oath to do no harm.

  • 2017-12-14 at 2:36 pm
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    The money offered to SMP’s is very significant. There are examples on the IODPA website about the outrageous, vast amounts of money paid to SMP’s for a relatively small amount of work. Why can’t police forces get SMP’s then? Vivian calls the work “contentious.” But it’s a really simple job for a SMP. Arrange to see a pensioner. Have a chat to them. Read any medical opinion provided to them. Determine if they think there has been a substantial change in their condition (either for the better or the worse) and tell the PPA that. That’s it. Literally, that’s it. And if SMP’s did that, what is there to contend?

  • 2017-12-14 at 2:28 pm
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    Dr Vivian

    YOU have chosen to resign. Well done. But why? And how much damage have YOU already done?
    YOU have gone because YOU are responsible. YOU ARE RESPONSIBLE.

    YOU reduced pensioners injury bandings unlawfully.
    YOU told pensioners that they had to release their full medical records otherwise they would be dealt with under Regulation 33.
    YOU reduced pensioners unlawfully just because some people in the population experienced similar symptoms as they got older.
    YOU unlawfully revisited causation and told some pensioners they shouldn’t even have an injury award.

    YOU ARE RESPONSIBLE.

    Staffs Police will not protect YOU. Rest assured, they will look after themselves.
    Things are changing. YOU will be the one answering to a Judicial Review or Crown Court about what YOU did. Let’s hope for YOUR sake that YOUR faith in Andrew Coley and the idiots like Nicholas Wirz in NWEF is nailed on.

    (Oh, just for the record, take a look on the internet at how many stated cases Wirz has lost and see how strong your faith is then!)

  • 2017-12-14 at 2:18 pm
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    He now needs to do the right thing and come forward and speak out. He needs to let the right authorities know that he has reduced banding when he should not have done in order that those officers can be restored to the financial position they were in before their review with back pay. If he doesn’t, then I’m sorry, he’s not as descent as you suggest.

  • 2017-12-14 at 2:13 pm
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    Dear Dr Vivian

    THANK YOU.

    My partner, a former, well regarded police officer with an exemplary long service record, is seriously ill as a result of an injury on duty. My whole family feel the effects of that injury.

    But, that pain is nothing compared to the way my partner has been vilified, humiliated and lied to by the police and so called Doctors during these ‘review’ processes.

    He has been forced, literally forced, to give his consent for a police force to have his full medical history and records under the threat of him losing his Police injury pension.

    Those records contain very private and personal information, not only about him, but about me and he was desperate that a group of nobody’s in a HR department should not have access to that information.

    I have found it very difficult to understand the vile way in which a police force has treated my partner and his family.

    For more than 25 years, his word as a police officer was taken as truth. Now he is injured as a result of an incident on duty, he has apparently, according to that same police force, turned into a liar. His word can no longer be trusted.

    That is bad enough but to be treated so appallingly by the SMP’s, medical doctors, in the process is even more devastating.

    Doctors are the very people who you feel you can trust with your lives and yet these SMP’s are intent on causing as much trauma and upset as possible.

    I have read with interest the comments regarding you personally and it certainly appears that you are a man of integrity and decency. I urge you to continue to show that integrity.

    You were clearly not happy about what was required of you by Staffordshire Police in order for you to resign. You need to speak up about what you felt so uneasy about.

    You need to help put a stop to this vile, corrupt and immoral process. You describe it as a burden. What lies so heavily on you that it burdens you?

    I believe you absolutely know that the way you have been forced to deal with police pensioners, the unlawful methods put in place to force pensioners to hand over their private and confidential medical records, and the methods in place making it almost impossible for a pensioner not to have their bandings reduced are completely corrupt.

    I do thank you. You have been brave and I truly mean that. Please see it through. Make sure that your silence doesn’t allow for more immoral and corrupt medical practitioners to take your place and leave my partner and others like him, literally fighting for their health and livelihood against these corrupt practices.

    Thank you Dr Vivian.

    A very concerned lady.

  • 2017-12-14 at 2:07 pm
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    CC of SP, shame on you.
    Human Remains dept of SP. shame on you.

    I really hope you are exposed for the liars that you are. IODPA are coming!

  • 2017-12-14 at 2:02 pm
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    How can SP, and other forces think it’s ok to promise to uphold the Law fairly and firmly without favour etc etc when their own officers, injured in the line of duty, are treated with total disrespect and disdain, almost like they are an unbearable drain on resources, that they are swinging the Lamp, that they simply ‘must have got better since the last review’. Review them, yes, but in accordance with THE REGULATIONS!
    All hail IODPA, Who are now unravelling the lies and deception involved in this process.
    Call to all HR depts/ CC’s: HALT all reviews, sort your yourselves out, return to it correctly or we shall see you in court!
    That is all. For now at least.

  • 2017-12-14 at 1:55 pm
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    I feel that Dr VIVIAN blindly followed the path dictated to him by the NWEF and WIRZ, his stance over matters is honourable however, if you are told to jump surely you look first. The rope is shortening for the likes of CHENG and company and a Nuremberg defence will fail!

  • 2017-12-14 at 1:34 pm
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    Finally, Doctor Vivian has recognised the unlawful nature of these ‘Reviews’ being carried out by Staffordshire Police and has now done the ‘decent’ thing by resigning.

    He comes across to me as a reasonable person who found himself in a difficult situation, so it’s a pity its taken him so long, especially as he had been told this on numerous occasions. Unfortunately, as a result of him ignoring the advice, many Staffordshire IOD’s have suffered quite unnecessarily and although I have some sympathy for Doctor Vivian, I’m also thinking of those individuals as well.

    Hopefully, other SMP’s will now realise that they are not above the law; that they cannot hide behind their ’employers’ and that their first duty is not to their paymaster, but to the patient.

    Will Staffordshire Police now also do the decent thing and stop this charade, or will they continue to waste huge amounts of public money, money badly needed by the ‘troops’ on the front line, in continuation of face saving vanity?

    Doctor Vivian was under contract to SP, so was there some ‘pressure’ on him to conform? This may well have been the case, especially as it appears that he chose to listen to the slanted views of Andrew Coley, rather than simple honest IOD’s adversely affected by these unlawful ‘Reviews’.

  • 2017-12-14 at 1:32 pm
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    Local Narpo should be ashamed. They don’t represent the rights of IOD’s. Hooray for IODPA.

    I’m sure Dr V was lovely but his paymasters should equally be utterly ashamed of cajoling him into ‘producing’ lower injury bandings in the interests of money saving.

    For our ‘police’ to be acting so far outside of the Law is not laughable, it’s a sad indictment of the broken system that has corruption at its heart.

    Independent review of police injury pensions is long overdue and no reviews should be conducted until the system has been turned upside down and lies exposed. This is true power to the people. The IODPA will not stop, ever, until injured officers are treated with dignity, fairness and respects. In accordance with the Law and regulations.

  • 2017-12-14 at 12:59 pm
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    Dr Vivian has reportedly been extremely polite and approachable to those former officers he has come into contact with during the review process. It certainly seems to be the case that in his role as a medical practitioner, he has attempted to remain as decent a doctor as possible in the circumstances.

    Sadly ,though, he has dealt with police pensioners in an unlawful manner and reduced the bandings of those pensioners completely unlawfully.

    He has done the right thing in the end and resigned before causing more stress and trauma to former police officers under review.

    I sincerely hope that he now has the courage of his conviction to speak up about the appalling way in which he was forced to deal with those pensioners at the instruction of Staffordshire Police.

    As a SMP, he should have independently reviewed those pensioners to medically determine if their injuries had substantially altered. How many pensioners had their bandings reduced by Dr Vivian compared to how many were increased?

    Statistically it would be impossible that almost all pensioners reviewed had an improvement in their condition that was so substantial that it would require a reduction in banding.

    Most, one would expect would remain the same or have deteriorated over the years and some may have experienced improvement (although whether this could be determined as ‘substantial’ is an entirely different thing)!

    Dr Vivian, must have realised that his primary role of a doctor was being compromised by the unlawful demands he was being forced to make. He knows that in his usual practice he would not be allowed to make threats to people if they refused to allow him access to their medical records.

    If the regulations were implemented lawfully, the process would not be “contentious” and there would be no “burden” at all on an independent doctor providing an honest, valid medical opinion.

    I am so glad that Dr Vivian has finally done the right thing. For the sake of hundreds of poorly ex police officers, I hope he continues to do so.

  • 2017-12-14 at 12:54 pm
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    Apparently Dr. Vivian has done the ‘honourable’ thing, in his resignation. No one suggests he ‘falls on his sword’ in spite of the undue stress caused to those on review at the hands of Icarus. Just Karma……..

  • 2017-12-14 at 12:49 pm
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    May I politely suggest that you send this directly to the Chief Cuntstable. It is important that he reads it. I for one wish the doctor no harm. I suffer enough without wishing it on others. I do hope that no doctor takes his place. After all, one day, we all have to sit down to a banquet of consequences, as someone much more eloquent than me once said.

  • 2017-12-14 at 12:46 pm
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    This is great news, a gamechanger, but it isn’t the end.

    Vivian’s words carry an undercurrent that his ethical standards were being sorely tested; let us hope that he has expressed his feelings in full to the unethical people at Staffs Police, and given them pause for thought.

    Can we also hope that he vents his feelings to the medical profession as a whole, making them all feel that they shouldn’t be touching IOD reviews with a very long bargepole; thus any future appointees as SMP’s can have their ethical standards challenged at the outset.

    Well done to everyone involved, be they IODPA, individual Staffs pensioners and not forgetting the Police Federation. We owe you a huge debt of gratitude.

    Staffs NARPO meanwhile, were nowhere to be seen.

  • 2017-12-14 at 12:40 pm
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    At last! Hopefully other forces SMP’s will take a leaf out of Dr Vivians book, and do the morally and ethically correct thing, and withdraw from this whole horrid process…..
    I just hope that Dr Vivian realises the amount of pressure, and stress he has put IOD pensioners under since this whole debacle started, and that the likes of Mr Coley take on board, just how wrong they are, and that we will NOT give in to their unlawful demands and threats.
    Wellness, and a massive thank you to IODPA.

  • 2017-12-14 at 12:37 pm
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    This is truly good news especially with him actually being up front and explaining why he is resigning from the process, and the fact that he is talking to the IODPA.

  • 2017-12-14 at 12:34 pm
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    Great blogg consise easy to read and straight to the point. I have followed IODPA for a few years and the way they have treated their members is excellent other groups could learn from them.
    I think they have been kind to Vivian and I personally feel that he has been placed in a really difficult position but in the end his ethics have got the better of him and he has done the right thing, I would say well done Dr Vivian and I wish you the best.
    The Mantra has do be “Do the reviews right in the first place and stop wasting taxpayers Money”
    And a big thanks go to team IODPA.

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