In 2020, following a successful claim by Ron Thompson of Haven Solicitors and David Lock QC of Landmark Chambers, the Government agreed a discretionary payment equal to a regulation 12 settlement for one of their clients.
It was accepted that regulation 12, being time limited to 12 months from the date of receiving an injury on duty was potentially discriminatory against officers whose injuries only manifested to total and permanent disablement some time later. This is particularly relevant to those who suffered a mental health injury.
As part of the settlement, the Home Office agreed to consult further on the issue, and has now released a public consultation paper, which we’ve reproduced here.
If you feel as though you have something positive to contribute to the debate, you may complete the online form found here –
What will happen to the person(s) responsible for dropping this legislative clanger?
A) The sack.
B) Promotion.
C) A knighthood.
I’m going with B and C, whereas if one of us officers had acted unlawfully to that degree we’d probably be facing A.
Ron and David Locke are the BEST!!! Not forgetting Mark Botham of course. ALL of them working hard to help us and fully committed to making sure we are getting our rights as far as IH and IOD pensions are concerned.
The more of us, IOD retired officers, together with their friends and families, who complete this consultation the more likely the 12 months WILL be extended, likely to FINAL diagnosis. Which would be more appropriate.
This could well have been a ‘stated case’ but even better if enough people answer the consultation request it could well be written into law!
So PLEASE fill it in. Or at least put a comment on the IODPA blog. I am sure IODPA will make sure it is added to the consultation.
The ‘gatherings’ at IODPA have shown so much that we didn’t know about, especially how bad some cases have been, and how many there are of them too. There are likely to be many others who have not yet discovered IODPA or any other means of getting to know just how badly they are being dealt with by the forces! The Forces have probably prevented a LOT of section 12 applications, by delaying and messing with IOD pensioners, who would have qualified, by holding back on their IH retirement and IOD awards, some for years! I wonder how many IOD pensioners even knew about Section 12?
I have commented on the home office link and would encourage all injured officers to do so.i have found myself in exactly the situation the reg 12 discriminated against mental health injuries. I was injured on duty and hit all criteria for regulation 12 however I was refused as the only reason being the 12 month rule. It is almost impossible to treat or fully diagnose mental health injuries such as PTSD within 12 months as I had to wait 2 years before I was able to start treatment or see the relevant mental health professionals. As with me I knew I was suffering from PTSD within weeks of the injury however it has taken more than 10 years for things to come to fruition with a full diagnosis and treatment. As a result I was medically retired from the service years later.
S12 is there to help police officers who cannot work and like me on the balance of probabilities will never work again result in a total loss of earning capacity.. the regs are written in 2006 before the 2010 equality act and it is obvious that a physically injured officer would be able to receive the awards a mentally ill officer would not be likely to present and get the correct diagnosis