Injured Pensioner Wins Court Case Over Back Payment Of Pension

IODPA member Angie McLoughlin has successfully won her hearing which was heard at Leeds County Court on Thursday 21st March 2019.

Following a regulation 32(3) review under The Police (Injury Benefit) Regulations 2006 in which Mrs McLoughlin had her original injury award changed from a band 1 to a band 4, her former force West Yorkshire Police, refused to back pay her the loss of her pension for a number of years.

The case was fought on her behalf by Ron Thompson of Haven Solicitors and David Lock of Landmark Chambers.

Here is their press release –

 

[pdf-embedder url=”https://iodpa.org/wp-content/uploads/2019/04/Angie.pdf” title=”Angie McLoughlin width=”600″]

 

Here is full copy of the judgement – 

[pdf-embedder url=”https://iodpa.org/wp-content/uploads/2019/04/McLoughin-V-CC-of-West-Yorkshire-Police.pdf” title=”McLoughin V CC of West Yorkshire Police width=”600″]

 

Our congratulations to Angela, Ron Thompson and David Lock as this case has huge implications for injured officers who are considering challenging a previous injury award under regulation 32(2) or 32(3).

Injured Pensioner Wins Court Case Over Back Payment Of Pension

47 thoughts on “Injured Pensioner Wins Court Case Over Back Payment Of Pension

  • 2019-04-15 at 11:39 am
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    This is another indictment of the atrocious treatment of an injured-on duty officer. West Yorkshire police should all and their heads in shame in the treatment of this officer.

    Time and time again chief constables are trying to circumvent the police injury regulations, which is ultimately costing the taxpayer more money in failed employment tribunal cases and judicial reviews.

    The police force should take a leaf out of the military, and treat and respect their injured personnel the services to their country.

    Justice will always prevail!

  • 2019-04-13 at 9:53 am
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    Angie this is Brilliant news, I told you I had sent some sunshine over the moors to rise on you. It was great to be there and support you on the day and its even better to read you have had success. Well done to everyone involved from all the members of IODPA, solicitors and Barrister. Excellent . Maybe it would be nice if those involved on the other side – the force would have the good grace to reflect on what they are doing to people in these cases who have served and put themselves in danger and suffered as a result. But that would be very wishful thinking. Jake.

  • 2019-04-12 at 10:38 am
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    Congratulations to Angela. A mention must be made of the SMP Dr Iqbal, who supported the fact that Angela should have been awarded a band 4 from 1984.

  • 2019-04-12 at 9:28 am
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    Many of these cases are based in the mistaken belief that police pensioners are isolated and ignorant of the law. That their former loyalty to the force can be taken as read and to be used against them in a “they will never know……” mentality.

    These villains in their ivory towers, (because that’s what they really are), keep making the same mistake and that is, they ignore the power of social media and the internet.

    Long gone are the days where a majority of police pensioners were isolated, reliant only on what their local Narpo told them at meetings, or in the occasional newsletter.

    Since the Avon & Somerset fiasco, (where the first serious mass attempt at attacking pensions to save money was made), the world has moved on and IODPA was formed. The initial organisation is now a charity and its membership has grown incredibly, as new members join and those pensioners already members, spread the word to others throughout the UK.

    No longer are pensioners isolated! No longer are they ignorant of the true meaning of the law, stated cases and the regs. No longer are they uninformed as to what is happening in these arenas.

    Social media in action for good against evil.

    As the current incumbent at Staffs will soon realise, (he being the perpetrator of the failed Avon & Somerset activity). You cannot rely on the old ways of attack, no matter how dressed up they are by less than capable force legal teams, running an apparent agenda of hate, or jealously.

    We IOD pensioners are now very well briefed and we have the collective support of hundreds, soon to be thousands, of other IOD’s from across the whole of the UK all linked together by social media.

    Each time you lose (and you can count your victories on the fingers of a horse), you get boxed in a little further and your room to manoeuvre, to try to manipulate the Regs, gets smaller and smaller. How many JR’s and other stated cases are their now against you?

    There is also another issue you are slowly having to face and that’s the trouble with wins like this one for Angie after some 34 years, (which is brilliant for her). That is because it also opens the flood gates for others, all being notified by social media. I wonder how many more ‘Angie’s’ there are out there? I don’t know, but I’ll tell you this, that we, the IOD’s of the UK, will try to spread this news as far and wide as we can! We will find them and ensure they are now aware of their rights and that this judgement takes away more of your defences against your cash saving tactics.

    Keep thinking as a 20th Century, PPA’s, you are doing our job for us! Try thinking 21st Century instead………abide by the law, because as we have seen in another arena; that by assuming the wider public can be kept in the dark, is fatally wrong and boy, doesn’t that then show the incompetence of those in power!

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  • 2019-04-11 at 10:47 pm
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    Huge congratulations to the former officer and I hope the Chief Constable hangs his head in shame.

    He has cost his force a lot of money in a crazy attempt to unlawfully deprive a vulnerable former employee, to whom he had a duty of care, he has clearly failed in his duty a Chief.

    Time after time Chief Constables are losing Judicial Reviews and Employment Tribunals when they attempt to save money at the expense of medically retired former officers. Time to learn that maladministration of the injury pension regulations is actually an expensive waste of public money.

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  • 2019-04-11 at 10:12 pm
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    Excellent result for the appellant and good news for any former police officer who has been unfortunate to lose their career and livelihood as a consequence of being injured protecting the public. The Police Injury Benefit Regulations were enacted in order that injured officers could be properly and promptly compensated for their loss of career without the expensive and slow process of making a civil claim against the chief constable. How times have changed! When I see the vast sums of money wasted – new initiatives, expenses incurred when moving chief officers around the country.from force to force, contracts with occupational health doctors, employment solicitors, promotions just prior to retirement to enhance pensions, etc. – I have great difficulty reconciling this with the comparatively small potential savings to be made by circumventing the Injury Benefit Regulations.

  • 2019-04-11 at 9:43 pm
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    Contratulations to Angie and her legal team in achieving a just and proper verdict.
    This former officer was severely assaulted and permanently injured to such an extent that she is unable to work and yet she was forced to fight for the backdated pension she was due.
    Here we are once more where we have a Chief Constable acting in his position as the Pension Authority failing to correctly apply the Regulations as they are written and making up his own rules which ultimately fail in court.
    The only reason these Chief Constables are acting in this way is because they hope and think few if any pensioners will have the financial resources and will to take them to court.
    Well with Angie West Yorkshire Police got that wrong.
    Other forces will find that their pensioners that are not going to be bullied and treated with contempt with the application of unlawful decisions and process with regard to the Police Injury Regulations either.
    It’s high time certain Chief Constables were summoned to appear before the courts to publicly account for their unlawful actions.
    West Yorkshire Police put this poor former officer through a terrible ordeal of stress and worry for years.
    They should be thoroughly ashamed of themselves.

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  • 2019-04-11 at 8:50 pm
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    Not 35 hours or 35 days or 35 months but 35 YEARS!! THIRTY FIVE YEARS during which time this former Police Officer should have been receiving an award commensurate with the disablement sustained during her active service. To add to injury the Chief Constable then had the temerity to imply she was “out of time” when seeking recompense.

    Members of the public of West Yorkshire deserve a thorough explanation from their Police and Crime Commissioner and Chief Constable as to why this was allowed to happen and for them to disclose what additional costs have been incurred by not doing the right thing from the outset, but continuing to fight it through the Courts.

    To Angela McLoughlin – Congratulations, and may you enjoy the next 35 years in the knowledge that you were right.

  • 2019-04-11 at 8:30 pm
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    I am up this year for unlawful review and owed around 10 years this has given me a great boost to morale and I congratulate everyone involved in this case. Good on you all and let the flood gates now open

  • 2019-04-11 at 8:10 pm
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    Congratulations to Ang and her legal team Ron Thompson and David Loch for bringing about a brilliant result against the bullying tactic of the West Yorkshire Police Auth. The monies awarded to Ang will be from the Policing purse of that authority and paid for by the public .Its about time these authorities are brought to book and punished for their overuse of power and incurring such huge legal costs. They would not do it if they were made personally responsible.

  • 2019-04-11 at 7:17 pm
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    Congratulations Angela You are a lovely person and I am so honored that you have got your result you deserved it must have been a long hard battle but at least their was a light at the end of the tunnel great news x

  • 2019-04-11 at 2:32 pm
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    I wonder if the Police and Crime Commissioner was consulted before the decision was made to embark on this fool’s errand of a case? Chief Constable Dee Collins has been away at the College of Policing and John Robins has been holding the fort as Temporary Chief Constable. So, who made the decision throw away so much of taxpayer’s money?

    I’m no lawyer, but the arguments put forward on behalf of the force by by their QC were so thin as to stand no chance of carrying any weight of persuasion.

    It really is remarkable that a public body can so easily burn money which is badly needed for front line policing without there being better oversight.

  • 2019-04-11 at 1:13 pm
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    You see Karma does come around.

  • 2019-04-11 at 12:26 pm
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    I was one of the many that attended the hearing: I was very impressed with the way the judge ran the hearing and her knowledge of Police Regulations. It occurred to me that if this lady could understand the contents of the regulations then why couldn’t Police Forces? From the outset it seemed to me a straightforward case, just do what the regulations say you should. The Police barrister’s defense seemed to be in the main that if this case was allowed then it would cost WYP a lot of money and thereafter possibly a lot of other forces. The judge dismissed this argument straight away but came back to it in her judgement. The other point she made was that this was a 32(3) not a 37 which seemed to be a part of the defence case. Again if she could understand the difference and WYP couldn’t it doesn’t say much for their legal team or managers; certainly doesn’t enhance the reputation of the chief constable.
    I don’t know how often costs are awarded in these case but in this case they were. So as well as looking incompetent and the rest of it WYP have a fairly substantial bill to pick up as well as paying the settlement figure within the time frame allowed.
    I wonder what the PCC and council tax payers will make of it all?

  • 2019-04-11 at 10:47 am
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    Well done Angie and your fantastic legal team.
    It is about time that the individuals who are deliberately misinterpreting the law, be held individually finically liable. Once a few of these despicable persons have been bankrupted, the rest will start to comply with both the law and regulations.

  • 2019-04-11 at 10:29 am
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    Absolutely fantastic news, congratulations Angie, well done to all involved.. 35 years of trauma having to go through this to get what was rightfully hers, an absolute disgrace…when are these morons going to learn they are ruining lives in order to save money …well that’s backfiring big time, it’s about time those sitting in their ivory towers grew a back bone and did the job correctly

  • 2019-04-11 at 10:28 am
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    Fantastic news. Well Done for sticking it out. Congratulations to the legal team at Haven and David Lock. When will these forces learn, they cannot ignore the regs and get away with it.

  • 2019-04-11 at 9:14 am
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    Well done Angie for being the David taking on Goliath. You never backed down and after many many years you have won what was rightly yours from the start. It is a damning indictment of the way Police Forces throughout the country treat there injured officers. They treat us with disdain…a drain on there resources as they see it…They do not get away with it in the long run and hopefully never will.

    Once again congratulations and a big thanks to the dream team of Haven solicitors and David Lock.

  • 2019-04-11 at 8:49 am
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    So many judgements stacking up for not following Regulations.

    How much has this case cost WYP not just financially but the heavier cost to their reputation of WYP but all Forces.

    What message are they sending out to their serving officers?

    Once upon a time, IOD’s were supported nationwide, thanked for the sacrifices they had personally made to keep citizens safe. Let’s face it IOD’s are disabled other wise they would not have been retired.

    Time for the lessons learnt tripe to spill out? They can’t even admit they get decisions wrong, rectify them and apologise. Instead they plough on costing the tax payer an absolute fortune because they try to cover up their wrong doing.

    Well done IODPA, Haven and especially Angie. Justice was done that day in that packed Leeds Court and many of us were so proud to have been with you.

    .

  • 2019-04-11 at 7:56 am
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    I’m delighted for Angie and well done to the team that made this possible.

  • 2019-04-11 at 12:13 am
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    This is a case of BOOM drop the mike and walk away with head held high. I would love to be a fly on the wall when they got the result their faces must have been a picture. Perhaps this will make them think twice about the way they treat Iod’s But I fear that it won’t make any difference.
    Congratulations to Angie and Graham, Haven solicitors and the main man David Lock. What a force to be reckoned with. Thanks to Iodpa for shinning like a beacon in the support of the injured and forgotten officers who once proudly served without fear or favour.
    And tough luck to the losers but lessons need to be learnt so take it on the chin and do the right thing next time.

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  • 2019-04-11 at 12:04 am
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    Angie McLoughlin – if you are reading this I hope you have a magnum of champagne at our side and are simultaneously booking your trip of a lifetime. I am so pleased for you lovely lady, but angered that it took 35 years for you to be given what is rightfully yours – the magnitude of the financial and lifestyle impact that will have had does not pass me by.
    West Yorkshire Police – to say I am disappointed in the current chief constable for forcing this to a JR is an understatement. I knew her as a PC – she had compassion back then. It just goes to show how much rank corrupts the soul ! Sadly she is far from the first, and certainly won’t be the last to sell her soul for a fancy police hat and braiding on the shoulders !
    Well Done again Ron Thompson and David Lock QC. Once again you brought justice to the righteous.

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  • 2019-04-10 at 11:39 pm
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    Well done Angie,
    Well done Ron Thompson,
    Well done David Lock
    Thank you Judge Belcher for righting this terrible wrong done by West Yorkshire Police.
    What a travesty that it took so long. Hopefully Angie you can now move on and put the nightmare behind you.
    This case will be an inspiration to all who are currently fighting similar battles. Never ever give up – because that’s what the b******s want.

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    • 2019-04-11 at 11:01 am
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      Excellent result Angie, can’t even imagine how difficult this has been for you!

      Great work by Haven, Ron Thompson & David Locke

  • 2019-04-10 at 11:19 pm
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    A huge congratulations to this amazing lady for her victory. A success for her expert legal team too, Haven Solicitors and QC David Lock.

    (PFEW take note of the last part of that paragraph. You know exactly what you’ve done, so do many others. The storm is coming)

    Unfortunately it is a sad state of affairs when a already poorly individual has to find the strength and courage to fight for what they are / were entitled to, in this case 34yrs ago.

    It brings shame on yet another disgraceful Police Force / CC who think they can cause further harm to an IOD Officer because they can

    1) By using a huge public purse.
    2) Making a point they can whether they are right or wrong.
    2) Their system is designed to break you.
    3) They have no shame.
    4) They run it as a business, thus SMT are nothing but glorified accountants with warrant cards.

    Oh and may I suggest you prepare your tin hats, ready for the public barrage when it’s disclosed just exactly how much monies you have wasted.

    Your poor Barrister had rings run around him in that court room, you sent a fluffy rabbit to the lions den. It appears he took monies knowing it was game over before it had begun. Oh dear

    Lessons have truly been learnt here haven’t they WYP

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  • 2019-04-10 at 11:11 pm
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    It’s a truly sad reflection of the lack of moral compass which exists in far too many organisations, that Angie has had to live in reduced circumstances for so many years. I could not be happier for Angie, that today justice has finally prevailed.
    It shouldn’t be like this, people in positions of responsibility should recognise that they are there for good, not in order to cause fear, anxiety and depression amongst former colleagues placed in such stressful situations by their misuse of power. It’s such a sad and unnecessary situation, put yourself in someone else’s shoes before you make your decisions, that way you will find a heart, empathy and compassion, because no one asked to be seriously and permanently injured, but at least they carry themselves with grace, they can look at themselves in the mirror and sleep at night because they don’t have to live with their conscience. Humility and dignity are powerful qualities.
    Congratulations and many thanks to David Lock QC and Ron Thompson of Haven Solicitors – A Power For Good – THE DREAM TEAM.

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  • 2019-04-10 at 9:47 pm
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    Well well well, lets see how other forces react to this. What a complete waste of public money..
    I am so very pleased for Angie, but why on earth has she HAD to fight this for so long. Enjoy every penny that is due to you Angie!!

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  • 2019-04-10 at 9:03 pm
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    What a travesty of justice that an injured police officer has had to fight for what is rightfully hers by law dating all the way back to 1984! The official side should hang their heads in shame. There can be no excuses. The official side have totally let down injured officers for years and continue to do so.

    They have been shown in Court by the Judge to be incompetent, immoral and vindictive! Praise should go to the injured pensioner for her backbone in fighting this case and also to her legal team of Ron Thompson from Haven Solicitors and David Lock their Barrister.

    The West Yorkshire Police Force have wasted tens of thousands of tax payers money on this case and other Forces are leaving themselves open to exactly the same outcome in their neglect and disreputable treatment of injured Police pensioners.

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  • 2019-04-10 at 8:49 pm
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    Hope this has made a HUGE dent in West Yorkshire Polices massive ego
    It will have definitely make a huge dent in their purse.

    Congratulations you deserve every penny.
    Hopefully police forces will stop trying to belittle us IODs and have some respect for what we’ve actually gone through, we put our lives on line and they try to repay us by taking away what’s rightfully ours. None of us wanted to be permanently disabled you know.

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  • 2019-04-10 at 8:43 pm
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    Congratulations to the officer and those that assisted it putting right this wrong, but shame on the force concerned for putting a medically retired officer through the unnecessary stress of having to go to court to get what they were entitled to in the first place.

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  • 2019-04-10 at 8:41 pm
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    A huge congratulations to this lovely lady who has had to FIGHT for what was rightfully hers in the first place, the stress they have put the lady through is immense, traumatising & utterly unsympathetic! especially considering her disabilities of which you were well aware of “West Yorkshire Police”.
    you owe this lady a huge apology for what you have put her through! Not sure how many complete idiots you have advising you in your Legal department, but I reckon they need a good sort out & maybe try employing someone with more than 3 brain cells in your Legal Team. !
    How much of the public’s purse have you wasted yet again.

    Disability discrimination on a huge scale.
    Hang your head in shame WYP.

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  • 2019-04-10 at 8:16 pm
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    Take heart, justice can prevail! However, I think it is a step too far to ask those who are in power and had control in this case, to have ‘some compassion’ for the injured when it is clearly obvious that compassion and conscience were part of the trade-in when they sold their souls to the devil for self-promotion and budgets! If there is a heaven it is EXTREMELY UNLIKELY they will get there and if I am right, being always on the lookout to grease their ego and driving ambition to occupy the top job at any cost, then lookout and move over devil, you could find yourself redundant! Beware there is proof that the devil doesn’t always win!

  • 2019-04-10 at 7:48 pm
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    Reading the case, the phrase ‘grasping at straws’ comes to mind. The Chief Constable wasted public money on a hopeless attempt to justify a poor decision.

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    • 2019-04-11 at 8:19 am
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      Yet another complete waste of time and money by another Police Pension Authority trying to defend the indefensible.
      Who exactly briefs these people?
      Just think of the effects this has had on the Lady concerned who has had to wait for 34 years to receive what is rightfully hers.
      When are the various PPA’s going to wake up and smell the coffee. There may once have been a time when as individuals we could have been walked all over but times have changed.
      We now have IODPA and all of the joint strength and knowledge which that brings, together with an exceptional legal team who consistently deliver.
      To all the various PPA’s please listen and take heed at what is and has happened. All you have to do is abide by the law of the land and we will have nothing to disagree about. Go on. I dare you!!!!

  • 2019-04-10 at 7:31 pm
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    Never has a quote been so apt, as in this case.

    After years of battling an uncaring police force, finally, this seriously disable former police officer has rightly received the justice she deserves.

    It also shows, if you read the transcript, how much of the arguments the force used against her, were generated by the need to save money and not to have to pay, (caused by their own errors), what was the correct pension.

    That in itself is indicative of the the current police management throughout the UK, who will gladly throw injured police officers onto the scrap heap and then do their best to ‘fiddle’ them out of the pension, they so rightly deserve.

    I imagine this judgement will not go down well in the Ivory Towers of certain police forces, who have decided to wage war on their pensioners. Hopefully, certain PPA’s will not have choked on their pies, when the news of this judgement was passed.

    I hope that this is but the first of a series of judgements throughout 2019, that will put the proper interpretation of the Regs back into their minds, if necessary, assisted and forced there by the law.

    To those forces watching in the wings, whilst others ‘try this tack’, against pensioners. It might be a good time to considering applying the Regs correctly now, rather than face future embarrassment and bad publicity, both inside the job with their own officers, or outside in the wider circles, before they too are then left with massive repayments and a lot of explaining to do, to angry ratepayers, who will want to know why they persisted to the bitter & costly end!

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  • 2019-04-10 at 7:11 pm
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    Well done Angie you should not have been put through 35 yrs of hell fighting for fairness and justice. Police forces make their injured officers suffer instead of helping them and assisting their life’s after serving.
    It’s an absolute disgrace the way we are treated. Well done to you and the legal team. Why have the police federation taken Haven Solicitors off the list not allowing injured officers the chance to be properly represented by a winning team.
    Enjoy the win for something you should have been able to enjoy all of these years x
    Colin

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  • 2019-04-10 at 7:04 pm
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    Absolutely brilliant news, I feel delighted for this lady, its nice to be able to put a good comment on.

  • 2019-04-10 at 6:12 pm
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    Haven solicitors, aren’t they the ones the Federation let go ? Madness if I’m remembering correctly !

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  • 2019-04-10 at 6:05 pm
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    A victory for common sense but at what cost to policing?

    WYP have spent tens, if not hundreds of thousands of pounds of public money on defending a case which was lost at the outset. The taxpayers of West Yorkshire should be DEMANDING answers from their force as to why so much of THEIR money has been diverted from their policing budget to defend a hopeless case.

    This Judicial Review concerned a very straightforward part of Police Regulations, the framework within which all forces are required to operate their staffing and finances. If they are incapable of implementing such a restricted part of the law, how can anyone POSSIBLY have confidence in their ability to uphold the law of the land?

    This is a fantastic victory, congratulations to Angie, and to Ron Thompson and David Lock for their dogged pursuit of justice. The cost to the public purse and to public confidence however, is scandalous. The public are entitled to answers from West Yorkshire Police.

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  • 2019-04-10 at 5:56 pm
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    Congratulations to Angela and Ron Thompson and David Lock, for securing a judgement, which was right and justified.

    It is time these forces accepted their responsibility for the health of their officers, both serving and retired and not use them as pawns in a game of fiscal chess, with no regard for the distress they cause.

    How many more times must these forces be taken to court in order to obtain a fair result?

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  • 2019-04-10 at 4:53 pm
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    Absolutely fantastic result brought to the attention of the Courts by Ron Thompson of Haven Solicitors, and no doubt involving Mark Botham, and the inimitable David Lock QC. When will Police Forces learn that if it’s not in the regulations – Don’t do it!!
    So happy for Angie winning this case that opens the doors for others. Thanks.

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  • 2019-04-10 at 4:50 pm
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    Delighted to hear that this officer will get what she was entitled to all along. The police have to be dragged kicking and screaming to pay injury pensions to officers so its always nice to hear of a successful story.

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  • 2019-04-10 at 4:32 pm
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    I am prepared to bet that the likes of Wirtz and Morgan on reading this will realise they have been served up a giant shit sandwich which they are both going to have to take a bite out of. How many more IOD’s out there have been shafted by these greedy bastards. When are they going to learn “Its not about the money, it’s the principals” you clowns. Follow the rules don’t try to make it up as you go along or it will cost you dearly, ask West Yorkshire Police !!.

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    • 2019-04-11 at 8:43 am
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      Justice has been done. Seen to be done. Why this was contested by WYP says a huge amount about them and the individuals steering the ship on to the rocks. Hang your heads in shame.

  • 2019-04-10 at 3:21 pm
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    Fantastic. Well done one and all.

  • 2019-04-10 at 3:16 pm
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    An excellent result and just goes to show that these reviews are being done to save money and not as designed to assess whether and injured officers condition has changed..At last the retired officer will get what is due to her. As an injured officer myself I can imagine what this has done to the officer concerned and perhaps the Chief Constable ought to reflect on that and have some compassion for officers injured in the line of duty

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    • 2019-04-11 at 12:24 pm
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      Congratulations on a much deserved result and I hope this brings some comfort for the years of turmoil that you have suffered in being denied what was rightly yours in the first instance.
      I can always remember when I was off duty, injured as a result of doing my job, not knowing what the medical prognosis was, that a welfare lady came to my house and after a brief conversation she said “ there are plenty of people off work who think there is something wrong with them “. I asked her to leave. Eighteen months later after further medical tests, against my wishes, I was retired as a result on injuries on duty, doing the job I enjoyed and was being paid for on the front line. I was informed by the consultant that if I had received further injuries it may of lead to paralysis.
      Perhaps this will lead to a wholesale review and upgrades in pay scales of retired officers with injuries, instead of humiliation and vilification we should be treated with respect and compassion.

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