Lloyd Kelly case establishes an injured police pensioner’s right to a police injury pension from the date of retirement, even if the pension is awarded in subsequent years.
In a decision which will have significance for other injured former police officers, the High Court has confirmed that an injured former police officer should be paid a police injury pension from the date of his or her retirement, even if the officer is only awarded the injury pension many years later. Thus, all injured former police officers who qualify for an injury pension are entitled to “back pay” going back to the date of their retirement.
The issue arose in R (Chief Constable Of South Yorkshire Police) v The Crown Court At Sheffield & Anor [2020] EWHC 210 (Admin) where Mrs Justice Jefford accepted the former officer’s legal arguments that Regulation 43 of the Police (Injury Benefit) Regulations 2006 meant that an injured former police officer is entitled to a pension in each year after the date of his or her retirement, even if the award is only made a number of years later.
The High Court Judge also confirmed that a former officer can challenge any such non-payment by a simple application to the Crown Court instead of having to follow complex procedures under the Civil Procedure Rules. The Judge also decided that the 2006 Regulations has no provision for the payment of interest and so no interest was payable on overdue awards.
Mr Kelly had retired in 2005 with serious PTSD arising out of his police duties, but was not advised at the time by the Force that he could be entitled to an injury pension. He only found he was being short-changed on his pension rights in 2016. He applied for an injury award and was found eligible for a substantial additional pension. However the Chief Constable refused to make payments of this pension from the date of his retirement in 2005.
Mr Kelly, supported by the Police Federation, appealed to the Crown Court to secure his “back pay” and won in 2018. The Chief Constable challenged the decision of the Crown Court in the High Court but, in a judgment handed down on 6 February 2020, the Chief Constable’s challenge on the backdating issue failed.
The Chief Constable was refused permission to appeal to the Court of Appeal. He could still try to appeal by asking the Court of Appeal for permission but, absent such an appeal, the law now appears to be clear on these points.
UPDATE: We understand that South Yorkshire Police are now appealing this decision.
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David Lock QC represented Mr Kelly before the Crown Court and in the High Court, instructed by Slater and Gordon.
Thank goodness for IODPA without these blogs many Forces would not be held to account. Gone are the days when injured officers on duty are treated like mushrooms, our rights and important legal challenges, have previously not been publicised, until IODPA made us aware of all these important judgements .
The Forces counted on officers being so unwell, they do not seek independent legal advice or challenge decisions, and are clearly twisting the law to fit their twisted narrative.
They have pushed many into a deep rooted distrust of the organisation that they once admired, pushed many into financial and emotional difficulties, often blaming the officer for their fragile mental health.
Many have gone before us and without the correct support from Forces committed suicide, or have attempted suicide. The numbers grow.
It was only last month, six years ago, that David Rathband sadly took his own life, already forgotten, no lessons learnt, no reminders of the bravery in which he tried to deal with injuries which I have seen. IOD’s are extremely fragile individuals when they have life changing mental and/or physical injuries. Massive impact, on not only his own life, but also that of his family and extended family and colleagues. Who can blame Dave? Northumbria, have stated, they would have persecuted him until death, constant reviews, constant medicals by questionably qualified SMP’s and very little support from his Force.
RIP Dave , never forgotten.
And now SWP are appealing the decision, irresponsibly throwing more taxpayers’ cash at a case which has no merit.
What’s more they are acting without shame and with no sense of morality, causing yet more stress and anxiety for their retired officer to whom they primarily owe a duty of care.
This demonstrates very clearly that Chief Constables have no regard or respect whatsoever for retired officers.
I hope that Lloyd can soon get some peace and certainty in his life after this scandalous treatment.
Didn’t a former officer from a neighbouring force win a similar case where the court decreed that injury awards were to be paid from the date of retirement, even if only realised later?
In which case the CC of South Yorkshire must be either exceptionally ignorant or exceptionally arrogant – either way a fool !
And in which case, with the writing so clearly on the wall, he should be made to pay the legal costs of this case out of his own pocket – rather than the good people of South Yorkshire having to fund his foolhardiness and lose police services due to his pig headedness.
Chief Constable Stephen Watson – what a vile little specimen you must be to discriminate against disabled people!
Nothing whatsoever is going to change in regards to the disgraceful and deceitful way that the police forces (chief constables & cronies) in this country are made personally responsible for the costs involved in the persuit of their empire building and self-gratification in the bringing of these frivolous and scandalous cases against police officers who give their all on a daily basis regardless of the personal risks involved in carrying out their duties.
Only then will all police officers who have been subjected to life changing injuries and loss of their careers finally receive the genuine compensation and support without being made to feel as if they have done something wrong and should be happy that they they were allowed to be injured in the first place!
Lloyd you were an inspiration to work with and a leader to a group of young and inexperienced cops like myself. I am so pleased for you that you have finally go what you deserve. Please remember the fact that you helped so many people during your career (especially me) and forget those who would try to deny you your financial future. History tells me that the A senior rank does not always equate to increased ability or common sense. Your case proves this, all the very best my friend. Martin.
Instead of spending all this time, money and energy on trying to get around the regulations why don’t our previous employers just do these reviews the way they should be done. Legally and in the manner they were designed, it would save a lot of stress on both sides. We gave our all whilst serving is it too much to ask for a little respect now we are broken.
Congrats to Lloyd and Mr Lock
When will the Police Forces learn? Fighting legal battles is expensive and your not winning in the Courts. Neither are you making savings. Stated cases are racking up against you.
When you keep repeating the same errors it must be time to look at the very flawed legal advice you keep getting from the likes of Wirz year on year.
Well done to David Lock QC who gets it.
Well done to federation for funding these cases as they are worth it.
As far as the forces who continue to abuse their iod former officers, you need to pack it in and go after the real criminals, not vulnerable, disabled, mentally damaged former officers.
Finally, the current home Secretary said she will support injured former officers. Step up to the plate Priti and do what you promised.
To the person putting thumbs down. What have I said you don’t like Nick, Dawn, or Gillian?
You really need to treat these comments seriously. Stop being so childish and justify your thumbs down with a reasoned comment or counter argument. These cases are necessary because warped minds try to put their spin on the regulations. Once again your warped interpretations of the regulations are wrong.
Who says so? The judges in our Courts, and they are the only opinions that count.
One of the most telling paragraphs in this judgement is para. 44 which refers to “reading into the Regulations a number of propositions not contained in the Regulations.”
This in my opinion is a problem which lies at the heart of the whole process of maladministration of Injury Pensions. The seeds are sown by a certain infamous Force ‘solicitor’ ( you know who you are) and a few Chief Officers and HR types then see an opportunity to rewrite the meaning of the Regs to suit their own ends.
Gradually they are finding to their (taxpayers) cost that the law is not on their side.
Where can one peruse the text of the judgement? I can’t seem to find it from a Google search.
A copy is attached to the bottom of the blog.
I can’t imagine the upset that Mr Kelly has experienced at the hands of his previous force. So now we have, not just one court case, but two court cases stating that he was entitled to have his IOD award backdated to the time of his IHR. This is pretty strong evidence in our favour. However, will this be the end of it and forces now will comply with this latest ruling?
I imagine there will be still be court cases to follow because forces will believe that the law doesn’t apply to them.
Well done to Mr Kelly, to Slater Gordon solicitors and to Mr Lock for flying the flag for us again.
IODPA, thank you for keeping us updated with all relevant news in the IOD/ IHR area. There really is no other organisation out there who does the work that you do and I thank my lucky stars every day that this incredible charity exists.
Well done to all concerned, a fantastic outcome.
This should never happen, when will these people realise they can’t just do what suits them and keep kicking iodp’s into the gutter …
Passed on to Retired R.U.C. P.S.N.I. retired members. Thanking IODPA. ORG.
Why dont Chief Constables ask Mr Locke for his opinion and accept that what he says is normally spot on. It would save them no end from there budget.
Well done Lloyd, Legal Team and Iodpa for supporting him.
A fantastic victory for all IOD’s both past and present. Serving officers are now slowly becoming aware that those that went before them (injured officers) are doing their very best to protect and support them and their families.
A justified result!
Well done to the legal teams, the Fed for funding and, of course, IODPA for their support.
Yet another great victory for the phenomenal legal team led by David Lock. We are indeed fortunate to have such amazing legal professionals working for us and our colleagues, inspiring confidence in otherwise very difficult times.
A big thank you, you are indeed appreciated.
Brilliant result. Justice has been done. Well done to all involved.
How do officers in this position appeal and via what format? I retired in 2011 and was awarded a pension following an injury that occurred once I had left. This pension was awarded in 2019 and backdated for 3 years. Therefore is this open to me to claim from 2011 as back pay?
It very much depends on the circumstances of your award. We would suggest that you should seek legal advice. You can contact us at admin for assistance. There is a ‘Contact’ link at the top of the page.
I have just seen this comment – if these are the facts, the answer is yes. I suggest you seek legal advice from one of the Federation supported solicitors or from Ron Thompson at Haven. Best of luck. David Lock
In your opinion, will this be an ‘automatic’ payout; or would officers who are entitled to the back payment need to make an application?
Thank you.
We wouldn’t anticipate that forces will go back through their awards and back pay people based on the current ruling.
Once again David Lock QC puts forward a compelling argument on what is for many a pivotal case. One more victory for IODPA who continue to grow in strength. I am prepared to bet that some forces now wish they had never raised the issue of IOD’s by attempting to unlawfully review former officers. Why do these forces automatically assume that they know the law and are always correct. Onwards and upwards.
Another legal challenge which should never have been required. We are vulnerable injured on duty through no fault of our own police officers.
We should be assisted with our retirement in every way possible. Why is it just the Police who have been treated so unfairly.
Thankfully we have the help from IODPA and legal teams.a massive congratulations with the win and back payment. An excellent job done by David Lock QC we cannot thank him enough for his help with all of our problems.
David Locke QC is a fantastic Barrister! He wins everything! A great decision in this case. I think interest SHOULD have been due from the date when Mr Kelly’s case was WON in 2018, at least.
Maybe now Force CC’s will realise that they will be paying IOD award wherever it is due and from the date of retirement. When an officer is IH retired then IOD should be automatically be considered in most cases. The greatest point made here is that an applicant can now just go straight to the Crown Court to apply for any refused! That will reduce the grief, bullying and harrassment and delays caused in the general Forces process.
I am guessing that Mr Kelly only became aware of IOD awards after finding out about IODPA? How great this group is! What a great benefit these days for injured officers.
I wonder now how many more have suffered as Mr Kelly did???? Let’s hope we find them all!
I actually only found out about IOD awards after contacting STEVE Edwards, CEO of NARPO who was very helpful. IODPA have been very supportive and I thank them for that support.
Our thoughts are with you LLoyd and we sincerely thank Steve Edwards for all his support that he gave you.
Thank you. The IODPA were very newly formed at the time. It has grown tremendously since then. Thank God.
Well done Lloyd Kelly your legal team IODPA and you federation for supporting you.
All the very best Lloyd. I’m in a similar position myself with the same outcome but less grief. The Federation were fantastic with me too. Just to say please never forget the positive effect you had on so many people during your career. You were always someone to look up to and you had a rare quality in the fact that you genuinely cared about your team and the community we served. All the best my friend. Martin.
You can imagine the scene in the Chief Constable’s office when he was told of Mr. Kelly’s claim.
CC to secretary: ‘Get the force solicitor up here now,’
The solicitor arrives, slightly out of breath.
CC to solicitor: ‘Look at this! (Thrusts the claim across the desk) The cheeky beggar want his injury pension paid backdated.
The solicitor strokes his chin thoughtfully, awaiting his master’s directions.
CC to solicitor: ‘Find me a way to prevent this happening. If we have to pay this one, there will be others. It simply will not do.
The solicitor, exits, backwards, bowing slightly from the waist.
Outrageous Lloyd has had to go through this , when officers retire with MH conditions we expect to be looked after not shit on from a great height.. every force is looking to take the legs of injured officers & it stinks. We need some protection as we are not fit to fight but are forced to enter into highly stressful situations like court. How many officers have taken their lifes as they can’t cope with not only losing their job but losing their career / dignity & income then find themselves fighting tooth & claw for an IOD pension. Something needs doing to help IOD officers with immediate effect, as the forces with their open ended public court budget are challenging every decision available.
Someone pls step up and help these officers can’t afford the court fees to fight back without the risk of potentially loosing their homes, how much pressure is that for someone with MH issues.
Many will take their life please stop this now.
Totally sympathetic of your great comments here. I too have serious mental health issues and going through same crap from the devils who we once served with all our love and compassion. Yes it is so real …and I have been there several times…this will end up in someone taking their own life. They are bastards and I pray they all learn their lesson
Thanks to this Chief Constable’s evident self-interest he has caused all his peers across the country to now be placed in the position of facing multiple claims for non-payment of injury awards.
This CC would have been better advised to have accepted Mr Kelly’s claim gracefully and quietly.
His role, as police pension authority, was primarily to manage the scheme for the benefit of members, not to worry about the cost of paying a disabled former officer his due.
Another case to pave the way for all current and future IOD officers rights to pension payments. No one joins the police hoping to get injured but we do hope if sadly we do we would be looked after, that’s not really been the case. Thank goodness to IODPA for helping us stand up for our rights and the Legal teams for getting the fair judgments in the courts.
When will PPAs learn from these mistakes? There doesn’t appear to be any consistency across the forces. Maybe a national PPA Council should be set up so that a clear framework for the administration of pensions could be formulated, in order to stop poor (and unlawful) decisions being made. If PPAs were held person accountable for these mistakes and were punished accordingly, then perhaps the culture of bullying injured former officers might end. Too many lives have been lost or destroyed as a result of mismanagement and maladministration.
Finally, in plain language, it is made clear for forces to understand. Will they?
Maybe the disgraceful practice of ‘foregetting’ to tell Officers being retired on ill health grounds due to an injury sustained on duty, of their rights will cease. ‘Foregetting’, as in this case has cost this force a great deal of money…..not only in the back pay of the pension rightly won, but also in the huge legal fees incurred.
However, when has an uncaring police force cared about those costs when fighting it’s former officers?
Every Officer who due to their duty, is injured, and as a result is likely to be retired on the grounds they can no longer carry out the role, SHOULD then receive clear advice, ideally on paper, of what their rights are. Then, (as forces already know this), if the Officer is discharged, they should immediately be assessed for the injury pension, (why not at the same time as the retirement?) and paid properly. It’s only fair play and justice after all.
The reason this is not done efficently at present, is that it saves cash for the force involved. Delay means no payment that month etc., saving a few pennies on the budget. False economy, clearly, but they don’t care. Money is the be and end all to these modern leaders, the police family is dead to them.
Hopefully, this decision and the fact that the former Officer can now go direct to the Crown Court for remedy, will make inroads into this shameful practice. Maybe, just maybe, forces will now do the right thing, the decent thing and process these unfortunate, mostly early retirements properly.
I was a serving police officer on duty at the Bradford city ground when the stand caught fire 56 people lost their lives.Some 20years later I was diagnosed with delayed on set PTSD I have been suffering for the last 10years ,could this be classed as an IOD
If you have medical evidence which confirms that your current condition was caused by an event on duty, then it is possible that you may be entitled to an injury award. Do you want to email us at admin? There is a ‘Contact’ link at the top of the page.
What will help you here is that the effect this event had, on police officers particularly, was noted and a Specialist Consultant, Doctor Duckworth, was called in by the WYP to help those officers. He was doing research at Leeds University into what such trauma can do. The reason I know this is because I had been retired IOD a couple of years before and was advised by an officer who had been at that Bradford incident to go see him. So I had seen him myself, privately, and whose FIRST comment to me was that he was surprised I was ‘still here’ after going five years with no treatment for the psychiatric injury I had suffered from my own injury incident. The diagnosis of PTSD didn’t exist back then. It was associated with ‘shellshock’. He described it as Post Traumatic Syndrome. He did not charge me so I never got a report. I hope this helps.