Whoa!!!
— [Anonymous] command to stop or slow down, usually horse or vehicle
We have breaking news…
Staffordshire’s Chief Constable, Mr Morgan, has thrown the gears of his review truck into reverse.
A few weeks ago Mr Morgan took the extraordinary step of deciding that failure by IOD pensioners to allow access to their medical records amounted to a failure to attend a medical interview or examination. His stance was that full access to medical records was a necessary step in any medical examination or interview.
Seventeen of our members had received letters just four weeks prior to Christmas from Mr Morgan advising that because they had refused access to their medical records he would be reducing their injury pensions and the reductions would be backdated, indicating that they would also claw back the money from the affected pensioners.
Mr Morgan’s decision was robustly challenged by Ron Thompson and Mark Botham of Haven Solicitors, and Mark Lake of Cartwright King Solicitors, acting on behalf of the IOD pensioners concerned.
Pensioners have now heard from Mr Morgan’s solicitors that he, in his role as Police Pension Authority (‘PPA’), accepts that the letters notifying pensioners of his decision to reduce their pensions,
. . . did not sufficiently explain the reasons for the decisions. Further, the decisions should not in the circumstances have had retrospective effect.
Our solicitors have been told that Mr Morgan,
. . . proposes to provide each of the proposed Claimants with further decision letters, containing a fuller explanation of the reasons for the decision taken in each case…
Meanwhile no reductions in injury pensions will be made at this time.
IODPA can not comment in detail on the issue as the legal arguments will be continuing, and may be heading for the Administrative Court should the PPA wish to see his interpretation of regulation 33 tested.
However, we can say that all of the IOD pensioners affected by Mr Morgan’s threats to reduce their injury pensions can now have a peaceful Christmas without the extreme fear that any future decision by CC Morgan will not allow him to backdate any pension payments.
This debacle raises even more questions about the professionalism and integrity of Staffordshire Police. Either they sent the initial letters without actually checking that their threatened actions were lawful, or they sent them knowing that the threats were unlawful but they thought that they would try and bully pensioners into submission. SP upper management are not fit for purpose.
The depths to which CC Morgan has descended in order to ruthlessly reduce IOD pensions is simply staggering.
CC Morgan is simply out of control, he has been told by lawyers that his actions are unlawful, the Force under his command has been found to be failing to comply with various legislation including Data Protection
He treats injured former officers, many of whom are in particularly vulnerable, with contempt, threatens them for failing to comply with his unlawful demands for completion of an intrusive questionnaire, and access to medical records from birth.
This has to stop before his actions cause irreparable harm to those affected by these simply outrageous actions.
It beggars belief that this man actually wears the uniform of a police officer. His original decision to invoke his twisted version of Reg 33 was not made in the heat of the moment under operational pressure. It was made from the comfort of a cosy office with plenty of time to set out his reasoning and to obtain proper legal guidance. A probationary PC in his/her first week of service could have shown better judgement.
Why is no-one invoking S 2, 3 & 4 Fraud Act 2006. I retired 30 years ago but had people like Morgan convicted of Obtaining Pecuniary Advantage under the Theft Act for similar behaviour to this. What a creep, and disgrace, when I see, on photographs, his long service and good conduct medal I feel like destroying mine I feel sad to have given so much of my healthy life to such a disgraceful organisation,one that I joined as a boy in the 1960’s at 16 years as a Cadet and served until IOD with a grade 3 pension in 1990 after 3 years of appeals. I am a pensioner of one of the forces still pursuing IOD’s and so I am waiting for the letter. I have recently become a member of IODPA and I am thankfull that there is somewhere to turn to for support and advice when that time comes.
It seems above comprehension that a public body (viz, Staffordshire Police) responsible for upholding the laws of the land can get so much wrong. Consider its compliance with the Data Protection Act 2018 (GDPR). On 8th August 2018 The Information Commissioner’s Office sent a letter to Staffs Police. In that letter the ICO made certain comments appertaining to the ongoing Injury Award reviews which included the view of the ICO that, “…the SMP (Selected Medical Practitioner) should determine on a case by case basis what specific information is needed for an assessment or for a review”. The ICO continued to state, “…we would advise police forces to ensure that SMPs consider each review on a case by case basis and that they only request the personal data that is required for each specific case”. Therefore it would seem logical the SMP could and should have conducted an initial consultation with each Injury Award recipient and then, in a lawful, fair and transparent manner, made a proper request for any additional information. Notice the wording: “Lawful, Fair and Transparent” because that term was expressed to Staffs Police in ICO letter of 8.8.18. Surely, no-one could argue if the Force had dealt with the reviews in such a manner. Sadly, it did not and so could have been in clear breach of GDPR legislation.
Then, take note of Staffs Police reply to the ICO dated 31st August 2018. By this time the Force had set up a GDPR Working Group – so typical that the Group had been created 3 months after the legislation came into force. Since then, the Working Group should have been meeting every month so as to progress such items as:
* Review privacy notice to ensure compliance with GDPR and also consider a specific privacy notice for IOD reviews. Has any Injury Award recipient been made aware of this ‘specific privacy notice’? It can’t be seen on any official website.
* To research legal advice regarding ‘medical information’ – what is included in this classification and establish what information internal departments are entitled to view/hold. And so, 16 months after the start of the ‘review’ process the Force decides to seek legal advice. What an absolute joke!
* Prioritise IOD pension records as part of the ‘reviews’. For a matter of such importance to both parties, why on earth would the records not have been under constant review.
What has been made evident is the total disregard of the laws appertaining to the ‘reviews’ and for Staffordshire Police it is nothing short of an embarrassment. Perhaps the GDPR Working Group will be kind enough to publish its Minutes of Meetings but if it takes as long as Staffs Police Pension Board to publish its own, don’t hold your breath.
Sounds to me like he’s actually had some ‘reasonable’ legal advice that he is very much in the wrong and has had to change stance and re-word things, but it matters little, the rules are the rules, and no matter how much you try to interpret, twist and circumnavigate them, reason and common sense will prevail.
I just hope it eases the minds of the people being dragged through this, our thoughts are with you, all of us, make no mistake about that and justice will be done, by hook or by crook.
The fact that Morgan has had to admit his decisions need to be set out shows just how deep is this man’s incompetence, and how inflated is his arrogance. Any Chief Constable should know that decisions of a public body need to be accompanied with the reasons for each decision.
Now, it may well be that Morgan has no good legal reason – that his decisions were no more than an act of pique, a temper tantrum from a man who felt his power was being challenged and his plans thwarted. It will be interesting to see what reasons he comes up with, and even more interesting to see if he can show when he formulated those reasons.
There is another problem facing Morgan which may yet surface. Public bodies, such as a police pension authority, should make decisions dispassionately according to the law and the materials before them. It is important that decision makers have no personal interest in the subject on which they are adjudicating. Yet it is abundantly clear that Morgan does have a personal interest. He pays injury pensions out of his police force’s budget. He stands to benefit from any reductions made in injury pension payments. That benefit is he is seen to be cutting expenditure, which is good for his reputation.
There is a fundamental conflict of interest in having Chief Constables hold the office of police pension authority. Most will manage to keep the duties and legal requirements of each office well separated. Morgan has failed to do so, in quite spectacular fashion.
He needs to be suspended, to prevent him doing further harm, and the Police and Crime Commissioner should launch an inquiry into Morgan’s competence.
It will be interesting to see how CC Morgan explains how failure to produce medical records equates to not attending a SMP review and triggers a regulation 33.
I showed an ex CO of mine what was going on,he was disgusted in how a person of supposedly high rank could treat his workforce. Bullying tactics,ineptness,uncaring and a total disregard for all legal regulations. And yet,I bet he doesn’t admit any responsibility,I suppose it will be everyone else’s fault,from the brave injured officers to his own advisors. No,he’ll think of himself above all this, digging a deeper hole,wasting more money,causing more anxiety instead of showing a small amount of ability and decency and admitting he got it wrong and shelve this whole disgusting review process.
I’d like to know who will ever want to join the Police under this system,run by people like this man who don’t care who they walk over to get noticed( and as my CO said only got promoted as nobody else wanted them due to being so bad at the job) knowing that if they sadly get hurt,which will happen,they’ll get no support in any way.
Something doesn’t smell quite right about this. I suspect strongly that the advice to reconsider came higher up the chain and most likely from the HO. At least there is some respite for those former officers in Staffordshire, who were INJURED ON DUTY. I remain confident this will be fully sorted out soon. Strength in unity and growing numbers. We will win. Because justice here will be seen to be done….
Nothing surprises me as far as this autocratic public servant goes. He clearly has access to unlimited public funds to finance his own whims. Needs reigning in! What does the Scrutiny Panel for PCC think of all this?
Hello Gareth.It’s me again.No,I still don’t know my place and No,you still can’t bully me.Giving you free legal advice hasn’t really helped so I suppose your forthcoming demise will be deemed to be my doing.After all,You and your legal team,I mean of course Andrew Coley,can never be seen to be wrong.Of course Andy can always limbo back under the door of The Home Office.But what about you Gareth?H.M.I.Perhaps not.The College of Policing.Oh,I forgot you have already lectured there.Police I OD Regs wasn’t it.Not much luck with that one.Can’t recommend retirement to the sea side,I don’t think you would be made to feel very welcome there.So,what to do.I know.Section 4 of the Fraud Act.With any luck that might find you something to do for two or three years.I feel sure that the chaps around will help you see the error of your ways.Fortunately for you Gareth,This is the voice of Chrismas Future speaking.It’s not to late for you.All that you have to do is uphold the oath you once swore.Uphold the law as laid down by parliament.Protect the public(That does of course includes retired Police Officers who were injured in the line of duty).If Charles Dickens can’t help you see sense then perhaps I could send The Meerkats round to explain?SIMPLES.
What an ignorant fool this Chief Constable is! Him and his legal team cannot even send out legally correct letters!
IODPA’s briefs must be laughing their Xmas socks off.
However, I’m sure this will not be the end of it. The official side will press on where they will be completely castigated by the Judge at Court.
Hopefully, the affected seventeen will take further action against CC Morgan for harassment, victimisation and gross maladministration.. Then the Police and Crime Commissioner can sack Morgan and resign himself for not supervising the fool!
A personal thank you to our iodpa team, our legal team and to all members and supporters, stay strong and take pride that we are challenging this together, Morgan take note, this is teamwork and unity working in an honest way, nobody is going to walk off the pitch thinking the game is finished, you’ve played your tactical moves and used up your substitutes, even some of your own team have left the match already, our team didn’t come here for defeat or to settle for a draw, let’s play on.
Given that money seems no object whilst you’re trampling through the law, where’s the money coming from Mr Morgan? Are you spending your own force’s precious funds on this travesty (if so, somebody should sack your ass), or is this “invisible” money sourced from somewhere in or about Whitehall? Would that be something you’d like the courts to examine? Because you, personally, are intimately connected with the history of attempts to unlawfully reduce police pensions for some years regardless of which force chooses to employ your dubious services. How is it that, when you move from one force to another, this unlawful and unjust crusade travels with you? You seem to be working as an agent of some organisation other than the foces who pay your salary. It is clear that you are not a principled man, but does it stretch to criminal maladministration? There will be a reckoning and it will result from good application of law – when you loose your job I trust that the charges that you face will result in you also losing your pension. That’ll give you a healthy dose of empathy.
Congratulations to the IOD pensioners and all the team at IODPA including all of the legal team acting on there behalf. At last someone at SP has finally seen sense. As previously stated we are in this fight to the end. We are united and our numbers are growing and eventually we will win.
His legal team looks like they know the law and how it should be applied. Well done to them for their pragmatic approach early on which will take away some of the anguish.
I feel no anger towards Mar Morgan. I feel pity and sadness. For one human being to treat a fellow human being with such scorn and malice, is really quite despicable. Times that by seventeen people, all innocents, just leaves me speechless and aghast,
Mr MORGAN should consider that unjustified threats of legal action can amount to harassment, Worthington and Anor v Metropolitan Housing trust Ltd [2018] EWCA Civ 123; This case serves as a useful reminder that conduct which might, at first blush, appear reasonable (e.g. threatening legal proceedings), can in fact amount to harassment. In each case, whether the conduct complained of crosses the boundary from the regrettable to the unacceptable will turn on the particular facts. Here, the claim for harassment was made out because the threats were entirely unjustified.
More letters, more explanations. More stress. More worry. It is about time Morgan put the brakes on this circus and put an end to the absolute misery he is causing “the 17” and there families. He knows he is going nowhere with this and it is about time his legal service department told him so. But then again he knows better than anyone doesn’t he. Or does he?? Happy Xmas to the rest of the 17 and many thanks to the trustees of the IODPA and its members. A special thank you to our legal team. Happy Xmas to you all
What happens to Morgans legal advisor who presumably told him it was ok to send out his reg 33 letters without an explanation and to backdate ‘his’ decision!
I see that many Forces haven’t changed much! Instead of requiring officers who don’t make the grade to resign, anyone else notice they do 2 years in post, are found out and the whole cycle starts again. 🥴
One wonders if a timeline is being established in regard to the actions of Mr Morgan et al ?
Perhaps the time has come when those administering his process may have to justify their actions!
Perhaps statements made in the past may now come back to haunt those who made them!
One thing for certain, Mr Morgan got this wrong and his ‘new’ legal advisor appears to have told him so.
What a clown!
However, it would appear he is still blundering on (despite having received what can only be described as dubious legal advice!!!) wonder what his next letter will say! ‘pretty please, can I have your medical notes from birth, I promise that myself, HR, OHU and our legal team will not trawl through them and minimise, your injuries, the hammering/beating you received from those nasty (misunderstood) armed robbers were really from when you fell off your tricycle when you were 2 years old!’
He’s like an elephant trampling straight through Regulations and the Law.
Staffs Legal Team and the Chief Constable of Staffs have absolutely no regard at all for the stress they personally have added to the families or 17 IOD pensioners (Xmas or not!)
This impacts on every IOD in the U.K. and every current serving officer, I am full of praise for the IODPA, The IODPA Legal Team and the 17 IOD Staffs pensioners.
As best as possible have a great Xmas and I look forward to reading the up dates from the circus in 2019.
This is very positive news, I have no doubt this road to justice will continue with a great ending for the 17 colleagues. There is a real vast sense of unity here. IODPA and related Legal teams are amongst the most supportive, caring and knowledgeable people I’ve ever come across. A real family.
I told you a storm of justice was on it’s way Morgan
This is brilliant news something that again caused our pensioners anxiety stress and worry when 5here was no need, thanks to iodpa and all sticking together he has to think again all the best to our 17.
Not perfect, but better news for our friends from Staffordshire. Slowly, slowly, CC’s around the country are finding they can no longer just do as they please and throw their weight around. They must answer to the law, as must their henchmen / women from human remains.
Wishing our friends a less stressful and Happy Christmas season.
Shakespeare’s phrase, “hoist with his own petard”, is an idiom that means “to be harmed by one’s own plan to harm someone else” or “to fall into one’s own trap”, implying that one could be lifted (blown) upward by one’s own bomb, or in other words, be foiled by one’s own plan.
How apt this is tonight. The bullying by CC Morgan has failed to have the effect desired on the pensiobers concerned, so now let’s all watch as the modern blame culture kicks in & he tries desperately to swerve the consequences.
I imagine that a certain ‘pension expert’ will be calling for extraction from his masters at the HO very soon & people in the HR/OH department, well those that are left anyway, will be trying their best to hide. Question is, will Staffordshire ever be able to recruit an SMP to do ‘Reviews’ again after this?
This unlawful bandwagon Morgan brought to Staffs is now as valuable as a lead weight on the Titanic, but maybe that could be Mr Morgan’s next job, after all, that was supposed to be unsinkable too!
I hope the IOD’s involved now rejoice this news. It seems justice is starting to appear over the horizon at last.
CC Morgan has been sitting on this for six months, plenty of time to seek sound legal advice but no, he announces an outrageous decision after which, within a matter of days, his lawyers are obliged announce a withdrawal of the intention to backdate his decision to reduce the pensions.
If CC Morgan had been following the Regulations lawfully as he claims then there would not be any need for a sudden reversal of his intention to unlawfully backdate his decision to reduce these pensioners pension.
Staffordshire Police’s lawyers say he is now going to provide each pensioner who’s pension he is going to reduce a “fuller explanation” … yea right, how about a completely full and detailed explanation as to how the Police Pension Authority has arrived at it’s decision for each individual pensioner ?.
How about being honest and completely transparent CC Morgan ?
‘did not sufficiently explain’, ‘fuller explanation’ not now ‘retrospective’.Whatever their fancy wording says, read…………. the impetuous bully starts to back peddle and IODPA have him on the run!…… Morgan and his henchmen have taken the bait and in the trap now and his only hope is to try and save face or should I say, his 2 faces! Proof that our unity is our most powerful weapon. Congratulations so far IODPA and team. I’m in awe of your swift response to his attack. Merry Christmas our 17 friends.
I wonder if we are going to be treated to another open later from Gareth Morgan as its only a couple of days short of a year when he published his first one on 21-12-17. https://iodpa.org/2017/12/21/chief-constable-morgans-open-letter/
I think this paragraph is most pertinent :-
” Every care is taken to ensure the Police (Injury Benefit) Regulations 2006 and related case law are adhered to. I reviewed the process and sought legal and HR advice before confirming my intention to continue the reviews. I am entirely confident that the procedures comply with the regulations and are lawful, both in the way Staffordshire Police conducts itself and in the actions of the SMP.”
Well if this is his way of taking every care to ensure the regs and case law have been adhered to then I would hate to have seen his actions had he been slipshod!!
I am cautiously optimistic that Mr Morgan appears to be seeing the error of his ways. It is inconceivable that he didn’t seek legal advice before his extraordinary actions of a few weeks ago. Clearly this man believes it’s his way or no way! Big mistake, huge, Mr Morgan, you have been found out and you will be held to account.
I’m pleased for the 17 IOD’s involved, I hope you and your families can now relax, enjoy your Christmas and approach 2019 confident in the knowledge that you’re not alone and have the unwavering support of many people and IODPA
Well done those Solicitors involved. What a cracking little team we have behind us. Knowing we have the best Solicitors in the country protecting us, helps me sleep better at night. I am presuming it’s Mr Thompson and Mr Lake at the helm of all this, with Mr Lock QC, standing strong behind them.
Thank you kind gentlemen. We will never be able to repay all what you do for injured officers.
I feel heart sorry for those that have been ‘bullied, isolated, pensioners’ who don’t know where to turn to for help and assistance. The Forces will not signpost them they are only relieved that they can take a little back.
It’s most definitely a time to ‘find that friend’ and let them know they are not alone and to get in touch with IODPA. Let’s hope, they will get their pensions reinstated (back paid), a friend once told me, ‘ never kick a stone unless you know where it will land and what is underneath it’!
Somewhere along the line, this buffoon needs to be held accountable for what he is doing. How can he get away with making such terrible gaffes…..he is dealing with peoples lives for Goodness sake.
This is someone who is meant to be top of his tree, but here we are seeing that he has no sodding idea of what to do.
The whole issue has become a disgrace. Mr Morgan, You need to understand when to get off the merry go round. You will only end up making yourself look even more foolish than what you do already.
Remember, stubbornness and egotism are not virtues.
Thanks IODPA, a fantastic result.
If you are looking for reverse Morgan it’s the one marked ‘R’
I cannot put into words how relieved
I personally am! I hope the curtain soon comes down on this ludicrous pantomime! You just couldn’t make it up…
Oh no he could….oh no he can’t !!!
The pressure is now on you Mr Morgan.
What can I say that’s not already been said about this bully with no conscience. Thankfully we have the IODPA and a great legal team challenging and rightfully winning in the face of the abuse of Police IOD Pensioners and serving IOD colleagues.
The constant back and forward with decisions made by this guy must be bordering on cruel and unusual punishment!!! This latest decision merely prolongs the distress and anxiety for the 17 and those at Northumbria under similar threats. Get a grip Morgan and back off, you know your wrong and it will be costly if you persist.
Numpties come and go.
Maybe Morgan will cost Staffs so much money, cause so much repitauonal damage he will be a gone numpty.