The Court of Appeal today handed down judgment in the case of Chief Constable of South Yorkshire Police, R (On the Application Of) v Kelly & Anor  EWCA Civ 1699 (19 November 2021)Kelly 3
On the 5th June 2005, Mr Kelly was required to retire as a serving police officer due to permanent disablement from South Yorkshire Police. Whilst Mr Kelly was granted an ill-health pension, the force did not consider whether he was entitled to an injury pension under The Police (Injury Benefit) Regulations 2006 due to the injury being caused on duty. They also did not inform him that he may make an application.
On the 25th July 2017, Mr Kelly became aware of injury pensions, and made an application, which was subsequently granted. South Yorkshire Police however only agreed to apply the pension from the date of the application rather from the date of retirement, a difference of 12 years worth of back pension.
The matter was heard twice, in the Crown Court, where Mr Kelly was successful. South Yorkshire appealed the matter to the Court of Appeal, who today handed down judgment in favour of Mr Kelly. The judgment agreed that Mr Kelly should be paid from the date of retirement and is also entitled to interest on his money.