Here is the questionnaire as recently sent out by Essex Police following their decision to commence injury pension reviews. It is intrusive almost to the point of being offensive.
Whilst they have every right to send out such a document, the pensioner has every right to place it straight into the bin. There is no legal requirement to provide ANY information regarding these reviews.
Have a read and familiarise yourself with the document. We will be putting up a series of blogs regarding this and other paperwork that has been sent out by the force.
Essex Questionnaire – The answer is NOT to answer
Would they really expect members of the public to comply with this ‘requirement? Of course they do as they have sent this to members of the public who happen to be disabled and who should receive a pension lawfully administered. I hope this questionnaire is written in ignorance of the law as the only other option is deliberate maladministration.
What a contemptible abuse. Essex Police have no authority whatsoever to make these demands and well they know it.
What is beyond belief is that they make these demands with unenforceable threats. Worse still is that these threats and demands are made towards now disabled former officers.
This is intimidation plain and simple, outright bullying and making demands with menaces.
What has happened to honesty, integrity and compassion ? The Police themselves clearly no longer hold to those values, a simply disgusting state of affairs.
The ‘Ministerium fur Staatsicherheit’ SSD or perhaps you might know them as the ‘Stassi’ appears to be alive and well and operating in the area of Essex.
Essex Police are nothing if not meticulous. Obviously obtaining knowledge and information in minute detail on the suspicious and dangerous group of people known as the ‘Essex Injury on Duty Pensioners’ is vital to the State and like the Stassi Essex Police feel they need to keep an iron grip on these disabled individuals by obtaining and keeping extensive files of important private data. Perhaps they believe these pensioners pose a threat to the Chief Constables ability to make claims for his lunch or his cups of coffee or perhaps it is needed to prevent unrest or an uprising of the sort the workers staged against the East German Government in 1953.
So well done Mr Kirby you have just assisted your Chief Constable in a disgraceful process and achieved the same status as one of the most hated groups in history. I wonder what the Essex Impact assessment has to say about the action of issuing such demands or perhaps like Staffordshire Police you intend to construct one after the event in order that it fits the intended process?
The totalitarian mind set of the Essex Chief Constable and his acolyte Kirby is contrary to the Human Rights Act. Legislation that a ‘Public Body’ MUST comply with. What am I thinking, only decent professional public servants obey the law, if you are the Police operating within a Police state the law doesn’t apply or so you think. You may find that you will be brought to account for your blatant ‘Abuse of Authority’ ‘Bullying’ ‘Intimidating’ and ‘Harassment’ of a minority disabled group. Such things can happen when people are threatened and placed in fear. Perhaps ‘Liberty’ or the Equality and Human Rights Commission might just think your actions are in need of examination.
I very much doubt you would be able to treat your own Civilian Staff the way you are treating your ex officers. Unison would be calling for strike action faster than you could order a ‘Latte.’ Well done to you both you have taken Police conduct to a new low and obtained notoriety amongst your peers. Your friends in Staffordshire Police are no doubt proud of you and applaud your actions but like you they are also delusional and in need of a good Doctor or lawyer. Just a tip if you do need the Doctor may I suggest you go to a real one not those you use as SMP’s they ceased to be Doctors the second they signed up to act as your paid henchmen.
Being an Essex IOD I can recommend joining IODPA….To say I felt extremely anxious when I got my letter of demands is an understatement. The advise and help I have got from IODPA has certainly made me feel more positive…
Thank heavens for the support and knowledge of members of the IODPA. Without it I would find the intimidating and downright bullying tone of these intrusive questionnaires to be deeply unsettling, further damaging my mental health. Surely this is not what any decent former employer should be doing to its injured and damaged former staff.
Essex Police are in for a wake-up call after this awful attempt to bully people into giving away information to which they have no right. In the light of recent case law this action alone shows just how far behind the curve they are. It will be interesting to see how long it takes for this to be altered or completely removed from Esses’s review ‘demands’. As a Staffordshire IOD I advise all Essex IODs to follow the excellent guidance of their NARPO Sec Roy Scanes and to join IODPA forthwith – do your level best to seek out as many of your own IODs who may be unaware or confused by what is happening – get them onboard with all of this and make sure they don’t blithely complete any of Essex’s forms without thought and assistance.
They seem to be missing individual accountability.
Its not a defence to say “I sent the form because I was told to”.
EVERYONE involved from the creator of the questions to the person posting has a level of responsibility to ensure what they do is legal and doesn’t discriminate against the disabled.
We need to wake these people up by holding someone accountable. Its getting to the stage where the recording standards for crimes have been met and there’s nothing like an arrest to open some eyes.
These forces seem to think they are above the law and you know what tends to happen in those cases. It all ends in a big enquiry and heads rolling.
Time will come but we need to make it sooner rather than later.
All serving Essex officers need to be made aware of this.
This is what your boss, the chief constable thinks of you as you are relentlessly sent into danger to protect the public.
These questionnaires are being sent to your former colleagues who got injured and lost their careers doing their job of protecting the public.
Parliament drafted the police injury pension regulations and decided that officers needed to be financially compensated for paying the price of suffering permanent life changing injuries due to doing their duty.
You chief constable of Essex are a disgrace. There is no chance of you suffering an injury on duty sat safely in your heated air conditioned officer, chauffeured around on the rare occasions you’ll leave HQ whilst working. A plague on you!
Has Kirby designed this questionnaire himself or was he given advice on what to send out? Once those questions are answered I would think it only natural that action is taken on it, such as criminal charges, neglect of duty, and a lot of other action then, such as instant dismissal and loss of his own pension rights! Then it would be interesting to know if it was okayed with CC Kavanagh? If it was then his name should be added to any actions taken such as criminal charges and he too should be immediately dismissed and lose his pension rights too!
Who do these Arrogant ACPOO and friends think they are demanding highly sensitive information with a implied threat. I suspect this breaches the DPA and also HR act, it may be worth legal advice funded by feds on this.
I can only say Im truly sickened by the behaviour of these vile people, they truly have no concept of the mental torture IOD cops go through on a daily basis.Whilst they live in there cosey worlds at HQ, expenses paid hotels and lovely egos there are IODs and cops struggling not to kill themselves.
Has legal services authorised this questionnaire? I would be interested in hearing if they had or is this Kevin Kirby doing it all off his own back? The Chief Constable in his role is PPA needs to keep a tight rein in what is happening in his name.
Messrs Kavanagh and Kirby, listen up.
Your questionnaire doesn’t go far enough. You really should be tagging and chipping us – at the very least.
Strange how the only question that matters (whether there is a change in our medical condition) comes in at number 17, below demanding details of the damn make and model of our car and the mileage we do.
How come that was of no relevance to the force when they got rid of me without me having a say in the matter? Answer me that.
The police ruined my career, health, family and personal life. I don’t live, I exist. Death would be a welcome relief. And now you’re looking to hack into the bandings of us IODs, all because of a cost cutting exercise, with our injury but a side note. It seems there’s cast iron evidence to back this up.
Our cards are marked whilst you continue to flout the regulations and caselaw for your own dark agenda. I haven’t been able to work since and don’t even reach the threshold for paying tax. I have NOTHING to hide. HMRC is fully aware of my financial situation and that’s all that matters. I’m a law abiding citizen. You’re not getting any such access because you’re not going to invade my life like this. Mr Kavanagh, I can only dream of having a pension anything like the size of your widely reported expense account. I’d see you both in court before the police try to destroy my life any more than was done to me as a serving officer.
But whilst you ask about details of my car(s), I’ll tell you that I seldom drive. I have Smithers, my chauffeur, to waft me along in my fleet of 15 Rolls Royces. You see, driving is rather vulgar and beneath me. I shan’t be listing those splendid darlings in your questionnaire because I don’t want you both getting the green eye and looking to punish me for my priceless collection.
By doing so, you warn me that I could face punishment for wilfully failing to provide correct information – JUST LIKE YOU AND YOUR EMBARRASSING QUESTIONNAIRE. You’re making demands that you falsely claim are as per the regs.
Messrs Kirby and Kavanagh, just between the three of us, I’m rather relieved you haven’t demanded access to our insurance policies. You’ve missed a trick there. You’d have found out about my priceless collections of Van Goughs and Picassos and definitely pulled my banding right down. I think I dodged a bullet there.
You deserve to be treated with no less contempt than you’re showing us. Our only mistake was to get badly injured keeping the public safe. Your mistake is to try and add untold stress on top of our pain by targetting the disabled to slash their income come what may, contrary to the regs and JRs.
Your questionnaire should be carefully filed IN THE BIN. All that matters is question 17 – the current state of our health. The rest is just noise, intended to intimidate and violate our reasonable right to a peaceful life. You’re behaving like the Stasi – control through intimidation, just a painfully incompetent version of it.
Trust you to abide by the law? I wouldn’t trust either of you with my recycling
The letter sent out before Christmas was along silimar lines but related to benefits. The threat was that if you didn’t sign a declaration about the benefits you received or didn’t they had the right to take your injury pension away.
If you look a bit deeper into this latest saga you have to have an individual totally devoid of any morality to actually agree to carry out these reviews for EP. If this unknown individual didn’t exist then surely they wouldn’t have sent the questionnaire out. I wonder who that might be??
Has not history seen this type of thing before in the not to distant past where people do unlawful acts because they believe that they have the right to do so ??. Sometime around the 1930s in a land not to far away.
As a wheelchair user I still work full time as a police officer. It seems that everyone wants me to retire. If I received that questionnaire I think it would cause me a mental breakdown. It’s bad enough working for inclusion and equality when I am in work but if that landed on my doormat I would have lost the plot.
1. I suspect Gareth Morgan, at Staffs Police, is quite pleased Essex has now taken over as the lead story. Remember Mr Morgan, he who was quick enough to pen an open letter in which he attempted to admonish those who were openly critical of his reviews process. Its the same Mr Morgan who was asked pertinent questions by Staffs NARPO on 6th Dec 2017 (questions which are available to view on NARPO Staffs website). Nearly 2 months has passed yet there is no response. So much for “acknowledging a duty of care to support IOD officers” (his words!).
Is it possible a Freedom of Information request to Staffs Police will result in the publication of the costs incurred by the Force so far, and what savings have been made?
2. A question for the Chief Constable in Essex. Did any of the senior officers have sight of their questionnaire before it was sent to the IODs? If any of them did, they should hang their heads in shame. Whoever is responsible should retrieve all those which were sent out; any already returned should be sent back to the individual and there should be an immediate apology for the obvious distress caused. Perhaps Mr Kavanagh could write the letter at the same time he completes his expense form.
3. Are we still to believe the reviews are not a money saving exercise? I moved to Wales some time ago and this evening’s edition of a local newspaper carries a story regarding Police numbers. North Wales Police have published figures to show they employed 160 Neighbourhood Police Officers with 254 PCSOs five years ago. Last year there were just 90 Officers and 148 PCSOs. Are we to suspect similar reductions in Staffs and Essex? The loss of funding for those officers has to be recouped from somewhere, so why not easy targets?
4. Should the Home Office not return to the suggestion that Forces could amalgamate? Think of the money to be saved in senior officer salaries.
5. In the meantime, may I take the opportunity to congratulate IODPA (in particular) for becoming an organisation so committed to supporting former colleagues under review and NARPO, who seem to have eventually become more of a voice. The recent recommendations published by Essex NARPO rep has been first class.
Words fail me. How can this be allowed to go unchallenged in a court of law. There is a clear deception which is dishonest and the intention is to make a gain or loss.
I so feel for those who have completed the forms thinking that it’s the police who have sent me the forms so they must be lawful. This happened in Staffs and some IOD’s have been severely reduced in banding.
It’s great that Essex NARPO have given some magnificent advice and that IODPA are there to guide you along the way.
If any Essex IOD’s have returned the forms then they need to quickly contact their GP, HMIC and DWP to withdraw the consent and to contact Essex Police to demand their data which was obtained by deception ,be returned to them and not be copied. The ICO also need informing of this unbelievable behaviour. Stay strong. The good guys will prevail.
This questionnaire, apart from being intrusive and blatantly threatening, also shows complete ignorance of the basic principles of the Regs. It starts by asserting that the Regs confer a power to assess whether or not a ‘disability’ has ceased.- If they had bothered to read the Regs they would see that it quite clearly stares that in order to qualify for an injury pension, the injury must be PERMENANT, therefore it will NEVER cease!
Complete amateurs!!
What the f*** is it their business to know if you go to the gym or not…?
Personally I HAVE to train aggressively to get deal with the stress and anger being a police officer gave me. It left me with this problem.
It’s dispicable. It’s their fault the officers are in this unfortunate position and their lack of ‘care’ for officers serving or retired is disgusting
Should I ever get reviewed by the SMP I will have no hesitation to tell them exactly what the job has done to my head….
I read this and the first thing that popped into my head was ” SHATAPP ” the term I first encountered on the TV show The Only Way is Essex (TOWIE).
This form has no standing in law, it is not refered to in the Police Injury Benefit Regulations. Chief Constable I am sure that you are familiar with the term Ultra Vires, the legal Latin term means acting beyond your powers.
Which powers do you rely on ? It’s akin to saying you can keep people locked up for 2 weeks, you can’t PACE and the law don’t allow it.
If I was ex Essex I would write ” SHATAPP ” through the middle of the document in large letters and return it.
Any fair minded person will find this whole episode totally shocking and unacceptable. What a disgusting way to treat our police officers who have lost so much through either directly or indirectly protecting us all. Having read up on this I really am almost quite speechless. How on earth can any chief constable authorise such action against innocent retired police officers who are all now private citizens? Why has Mr Kavanagh completely lost all sense of fair play? How can anyone now trust this public servant? This is not the first time I have read rather disturbing news about the way this particular chief officer deals with his financial budget. What a terrible state of affairs! I really believe Kavanagh and Kirby have not only really messed up here but they have also misjudged public interest. Who on earth would ever want to be a police officer if this is how you will be treated if seriously injured? Shame on you Essex Police!
If I received this pathetic form I would send it back with a 2 word reply, and the second word would be “Off”. Do these morons actually believe the crap they churn out, do they think IOD’s are stupid enough to fall for their childish trap. Get a copy of the regulations and read them you muppets. its no wonder you can’t catch criminals if you cant read simple legislation and decided cases.
What is glaringly obvious is that Essex police/HR have been off the grid for some considerable time.” I maybe liable to prosecution and your pension could be suspended or reduced” exactly what act will anyone be prosecuted or is it the ” you haven’t filled in the unlawful questionnaire act” and the only way any force can reduce pension is under reg 33 failure to submit yourself for a medical examination.
They will of course say that the questionnaire is part of the Medical examination which it is not. Has anyone ever come across an organisation or company that demands so much information? What IOD’s need to be mindful of is that anything that they write on these questionnaires will and can be used against them.
If you are in receipt of one of these forms remember you are not in the Police and you are not obliged to complete it don’t be scared of them the regulations are there for our protection and they as well as us have to adhere to them.
Harold you are perfectly correct. In the dark days of 2007, when the knowledge of one’s rights was not as widely available as it is now, I completed one of these questionnaires for my former employers, Derbyshire. The information that I provided was used against me to reduce me from a Band 3 to a Band 1. Had I have realized at the time that I did not need to complete the document then I most certainly would not have done.
I wrongly trusted that my former employer would have treated me fairly. On my retirement the CC at the time was an honorable man. How times have changed. Politicians in uniform have taken over control and are not doing a good job.
The effects of my injury have remained the same but the answers to the questionnaire have come back to haunt me on every occasion that I was subsequently reviewed and even at a PMAB.
The advice on this site is invaluable.
So it seems like the bully boys are out in force at the moment (no pun intended).
Perhaps Mr Kirby could enlighten us as to where in the Police (Injury Benefit) Regulations 2006 it states that an injury pension may be suspended under ANY circumstances?
P.S. before you waste your time – it doesn’t.
A police force ‘asking’ private citizens for personal, sensitive, medical and financial information which it has no right in law to ‘ask’ for and accompanied by a threat of punitive financial action if the information is not given. Oooooops. The ICO is going to love this one.
Its embarrassing to have been associated with a once professional organisation such as the police, to know that it could, after all the recent case law, JR s and information available about illegal ‘questionnaires’ be so dumb as to put something as criminal as this in writing and put their name to it.
Thanks again to IODPA for drawing attention to the illegal ‘review’ practices of Police Forces and your continuing hard work in supporting our injured colleagues.
It may be wise for all officers in Essex who receive this to send a copy if it to their local MP and PCC and ask them to establish whether there is any legal power to enforce this requirement to provide sensitive personal information and if the threatened consequences are legally enforceable.
A shocking way to treat those who lost their good health serving the people of Essex.
I would really like someone from EP to explain to me where, in law, they derive the power to require this forms completion.
An absolute disgrace. If the force is willing to treat its pensioners in such an intrusive, dictatorial, oppressive manner I feel sorry for those still serving under such a disgusting, immoral regime.
Maybe Article 8 of the Human Rights Act is being breached by their conduct as well.
Is this a joke letter sent out to all IODs from someone on work experience !
The questionnaire is pathetic. The tone in which it is written is even worse. I take it this questionnaire is authorised by the C.C.? What is wrong with you? Have you lost all morality? Oh, of course not considering the expenses and salary you draw! This questionnaire is deeply offensive to former police officers who have lost their jobs through being injured on duty. The injury pension is our entitlement in law after we have already been assessed by YOUR very own Doctors! We have also contributed at least 11% of our salary whilst we worked for this very possibility that we may lose our livelihood. Your twisted and unlawful attempts to reduce injury pensions is disgraceful. The regulations state that pensioners only have to submit themselves to an examination by the SMP. That is all. That is what I would advise all IODs to consider.
Police officers are very brave, they never know what each shift will bring or whether they will complete each tour of duty with the same level of health and fitness they had at the start. In recent times our brave officers have been commended for their willingness to run towards danger when others are running away. They literally put their lives on the line so the likes of Kirby and others can feel safe and protected. But look what happens when these same officers are severely harmed? Their bodies and/or mind damaged so badly that medical experts force them to be dismissed from the service. In most cases they are left with ruined lives and little if any prospects of further gainful employment. Often this also causes further hardship for the former officer with the loss of family, home, sense of identity and many friendships. It is a journey into hell. This is something the like of Kirby will never want to think about as it would not fit with his pre-determined agenda to reduce the financial compensation awarded to the injured officer. How else can anyone otherwise explain his reported comments that he has been tasked with reducing pensions and that in his irrelevant opinion the higher band 4, most seriously injured category, has to be a thing of the past?! Further evidence appears in the unlawful questionnaire he has sent out, but I will not say more about that at this point as it may yet be the subject of a criminal investigation. The truth is that Chief Kavanagh should really know better. So how utterly disgusting is his willingness to preside over such an unlawful campaign to target, harass and bully former officers in order to try and create further misery and hardship as if they haven’t already suffered enough. The very reason this is all so very distasteful, and actually rotten to the core is because it has been done in such a way that is unlawful with the intention to force very personal and sensitive information from these former officers purely to give them a better chance of claiming money back. It’s as if they are either ignorant to the regulations, case law and legislation, or they didn’t fancy their chances if they acted Lawfully so like some back street dodgy dealer they thought they would come up with a plan that might circumnavigate the legal obligations placed upon them. In other words they took a chance. It has to be one or the other, either unbelievable ignorance or worse? And All done in the name of trying to add a few bob into the police budget. No duty of care, no thought, and no respect whatsoever for the injured and sick former officers. Chief Kavanagh you even more than Kirby are an absolute disgrace. Why don’t you now come out and apologise before it’s too late for you. Why don’t you put Kirby in his place and start again, but this time do so in accordance with the law. In other words as a law enforcement organisation set an example and act lawfully yourselves. If you do so there won’t be any complaints. You will not have to face all the legal challenges coming your way and Kirby can retreat back into the background where he belongs. Have some respect for your former colleagues and treat them in accordance with the regulations that neither you are Kirby can ever change.
It appears that ESSEX regardless of the questionnaire and any answers you would be foolish enough to provide them with have already decided to review, this is answered at point 21 of the inquisition as it appears they have already made an appointment!
Yes, I noticed that as well. The official side are malicious and vindictive. Don’t give them anything. Just attend the SMP’s interview as per regs.
Despicable!! It needs the caution writing at the top. Detained persons have more rights than this.
This one George Orwell would be proud off.Rather than throwing this letter-where it belongs,”Keep firmly hold off it.Criminal offences may well have been committed,you may require it later as evidence.Needless to say don’t as much as consider filling in a single word.I could quote you the relevant acts and sections but that would be forewarning The Essex Minions who prepared this extremely ill advised and completely unlawful document.Liase with your Narpo reps who are very well versed in how to deal with this particular issue..To The Essex CC I say this.This is your responsibility and you will be the one who will pay the ultimate price.Frightening disabled Police Officers who served Her Majesty and Country and paid a severe price.You and your ill advised lackies should be really proud of yourselves.The only money you will save is when you all receive your well deserved P45s.
What an utter disgrace that a police force should stoop to such a low point. It’s obvious they are more concerned with saving money and not the slightest interest on the current health situation of the retired officer.
What a disgraceful attempt at deception and manipulation of vulnerable disabled former officers. A fishing expedition using intrusive questions. The distress this must be causing is deplorable. My thoughts are with the poor souls having to cope with their former employers treating them in such an insensitive and unlawful manner.
What else would you like to know Essex Police?
How about “How often do I have sex?” Or “Do I put sugar in my tea?” How about “Is my stress due to my team playing poorly?”
Unfortunately, for some, including Essex Police, we have privacy laws that protect us from the likes of you.
I advise all Essex IOD’s who receive this very, very intrusive questionnaire, to reply with “Mind your own business”, or similar maybe more rustic language and then put it where it really deserves to be…….in the bin!
If you are worried about doing this, don’t be, as from personal experience, I can vouch that IODPA will be there for you.
Absolutely disgusting. Who do they think they are? Are we living under a dictatorship?
Mr Kirby, your name is at the bottom of all this. I truly hope you know what you’re doing and you would be happy to explain this questionnaire at any judicial review that is likely to come your way.
The behaviour of Essex Police and others is disgraceful in their disgusting attempts to remove pension payments from disabled and injured ex officers.
For senior Police officers and HR managers this is a new low and one which has to be exposed so that the public realise exactly what is taking place.
What is even more incredible than the fact that they would seek to target and victimise the disabled and injured is the fact that they believe that the thousands of pounds they will try and save would actually make any difference to their operational budgets?
There appears to be a concerted effort by senior HR managers to deliberately distort the regulations and law to tailor reviews to suit their own agenda. Each and every time they lose when their behaviour is scrutinised by the courts and you would think by now these people would learn but there is a pathological desire to attack and further damage individuals who literally put their lives on the line to protect the public.
What a sickening society we now live in when the injured and disabled are attacked in this way by the very people they once served.
Good advice. Bin it. No right to delve into circumstances ask such questions.
They are the police. They are not above the law. Will any force actually get this stuff correct, just once?