IODPA is a UK based charity that supports injured officers in England, Wales, Scotland and Northern Ireland. Until recently PSNI and RUC officers have been well supported by other methods. As that support has now dissipated we have attended Belfast to hold a number of exploratory meetings. I think it’s fair to say, that we’re shocked at what we found.
First, it may be worth explaining that whilst England and Wales have The (Police Injury) Benefit Regulations 2006, Scotland have The Police (Injury Benefit) (Scotland) Regulations 2007 and Northern Ireland have the POLICE SERVICE OF NORTHERN IRELAND AND POLICE SERVICE OF NORTHERN IRELAND RESERVE (INJURY BENEFIT) REGULATIONS 2006, they have their differences.
The Regulations for England/Wales and Scotland are virtually identical, the NI Regulations differ in their appeal process. The process for England/Wales/Scotland is an appeal to a Police Medical Appeal Board (PMAB) which is a panel of doctors, one of whom is usually a medial specialist in the appropriate field for the applicant.
Appeals in NI are made through the Department of Justice (DOJ) to an Independent Medical Referee (IMR). A further appeal can be made to a ‘tribunal’. The Secretary of State, on receiving such notice of appeal, shall appoint an appeal tribunal .. consisting of three persons, including a barrister or solicitor of not less than seven years’ standing and a retired police officer or retired member of a police force in Great Britain who, before he retired, held a rank not lower than that of superintendent.
The other main difference is that the awards are administered by the Northern Ireland Policing Board (NIPB) rather than a Police Pension Authority (PPA).
On first analysis the main problems that we perceive are as follows –
- Some appeals have been pending for 2, 3, 4, 5 years or more!!! This is disgraceful.
- Interference by the NIPB in the judicial process as demonstrated by the case of JUSTIN CHADWICK AND ANDREW HARVISON FOR JUDICIAL REVIEW AND IN THE MATTER OF DECISIONS OF THE NORTHERN IRELAND POLICING BOARD.
- We hear that the two SMPs also act as the IMRs but are supposed to be independent to each other. It appears that they work from the same office effectively marking each others homework.
- No choice of solicitors for members. We believe members deserve a choice and to be able to choose solicitors and know they will be pro-active in their cases.
- In 2014, the NIPB commissioned a report from David Scoffield QC into the injury regulations and their processes at the time, some of which they still cling onto today. One such recommendation is that SMPs should not make any sort of financial comparison in order to determine loss of earning capacity. Whilst this advice and methodology is not outside of the regulations, it means that the SMP makes a determination regarding banding without any documented rationale, which means that it cannot be scrutinised or challenged.
- England/Scotland/Wales have an equal spread of the four injury bands (1-4) whilst a band 4 is rarely awarded in NI.
- The NIPB have recently put SMP guidance on a statutory footing. The guidance is 8 years old and contains case law which is equally out of date. It is not known what the update process is for these guidelines, or what safeguards there are for pensioners. Even though we don’t agree with them, it is ironic that they don’t adhere to their own guidelines.
We are currently considering a number of legal challenges to the processes and will update our members shortly with how you can assist with funding.
If there are Northern Ireland officers/pensioners that are in the process that haven’t yet made contact with us or attended our meeting please use the ‘contact’ form on our website.
We will be publishing a series of blogs over the coming weeks with more information.
“Dr VIVIAN” strikes again with his home grown guidance and rules to follow exactly the same as when he and WIRZ wrote and tried to implement their “guide” for SMP’s to follow in UK IOD cases, when will these idiots ever learn! It appears “Charlie” has serious problems with IOD cases and their correct and lawful appraisal, i wonder why…? Lets hope his unlawful practices are exposed in a Court of Law and he is chastised appropriately.
Simply corrupt, in every sense of the word.
I think it’s absolutely disgusting that the fed are not subsiding my medical reports. Iv paid into the fed for nearly 20 years and through no fault of mine, as in injuries on duty I’m being forced to retire early. It’s not what I wanted but that’s the medical certainty of it. So why am I now having to pay for medical certificates for not only a orthopaedic consultant but also a mental health consultant. I haven’t done this through choice. God knows how much the fed have made out of our subscriptions but sure ill just pay another few thousand myself. Money that fed Should be paying. Complete joke
Contacted the federation in the early days of my retirement asking for advice and help. I got neither ! I got the impression that I was merely a single entity and they had no interest. The calls were curt and abrupt verging on the rude.
They used to talk about the ‘police family’ but I saw little of that especially after being medically retired.
I suffer on a daily basis from complex PTSD. My life has been destroyed as a direct result of my work. I am waiting to hear next week the result of the SMP /NIPB decision.
I am determined that I won’t continue to be a negative influence on my children and am determined to remove myself from their lives.
The PSNI doesn’t give 2 fucks about me or my family. They are incompetent and corrupt.
I hate them.
The whole process is corrupted to the core with major need of reform. You see SMP who gives you an award which you then appeal to allow his mate to give you an improved award. Two bites at cherry for the two Doctors.
To rub salt into the wounds you then have a former convicted terrorist sitting on the panel
Who agree your award … why ???
Legislation says Doctors word final so
Why deal and insist that this committee have to approve your IHR and IOD 😡😡
To say happy I’m happy that you coming to help
Is an understatement… thanks I felt that I was fighting this illegal corrupt process alone.
I suffered terrorist attempts to kill me and my friends and more public order interface policing than normal …. To say my CPTSD is minor and I’m fit to work away from policing is a joke.
I don’t drink or socialise as can’t control
My anger or rage and when threatened all I know is violence, I prefer judge by 12 not carried by 6.
Policing NI caused this change in me nothing else.
Thanks IODPA
I thought the mainland based police forces were disgraceful in their handling of the Ill Health Retirement and IOD pensions of injured officers. However, the Northern Ireland Policing Board and associated DOJ, SMP/IMR’s, make the mainland cases look insignificant, which of course they are not!
This is extreme discrimination and bias, so how can such a disgraceful state of affairs be allowed to exist in the apparent Kingdom of Democracy and the Rule of Law?
How can an injured former officer in Northern Ireland, who has appealed against a totally and blatantly biased system, then have to wait 5 years, or more for a review judgement?
Why are the politicians, whose very lives on numerous occasions, were no doubt protected by these brave former officers, not taking action? Where are the local politicians, the NI Minister, or even the Home Office?
We know it’s all about money, as obviously, that is the first consideration by the NIPB, to consider! Recognising, what has happened there in the past and in some cases, still rears its head, it beggars belief that there has not been a Band 4 issued for some time.
I hope that through the IODPA approach, gathering the true picture, supporting those brave RUC/PSNI former and still serving, to come forward, we can shed some light on this disgusting state of affairs and start to bring fairness and justice to these suffering disabled people.
Let’s see a few of these perpetrators of misery, called and forced to answer for their conduct in the Courts, as I bet as soon as that starts to happen, and the boot is on the other foot, then things will change.
This cosy little cabal needs to be defeated.
I rarely talk about or share my past with anyone but have been involved in a number of incidents during my service, including on one occasion being shot a number of times. I am told I also have severe PTSD which manifested after another life threatening traumatic incident. I lost numerous close colleagues so consider myself lucky.
As a medically retired RUC/ PSNI officer I am dreading what the latest consultation on changing the PSNI injury regulations are going to bring !
I fought tooth and nail resulting in a lot of sleepless nights for my current banding. At my last ‘review’, a few years ago, my banding was reduced which I appealed and had the correct previous banding reinstated but the N.I policing board refused to pay me for the months that my pension had been reduced. I believed that I was entitled to this shortfall due to no fault of mine. After computer ‘said no!’ for months and a lot of correspondence I had fulfilled my obligations and had given the policing board every opportunity to rectify the payments after obviously incorrectly reducing my banding.
I was then able to contact the Pensions Ombudsman who found that they had acted illegally and received the monies due, with interest. I believe that a number of other medically retired officers benefitted from the Ombudsman’s intervention.
My gripe is that these faceless civil servants , on their huge salaries, who decide our fates are completely unaccountable and there is little or no reason given for the banding. Don’t get me started on the so called health professionals involved in the shabby process. The process is a lottery !
I always wonder after the last review did my bullet wounds and PTSD miraculously get so much better that one doctor reduced my banding and some months later I deteriorated resulting in another doctor increased my banding?
The Scoffield Report did appear to address some of the problems and perhaps make the playing field a little fairer but I have genuine concerns regarding those involved in this latest consultation. The PSNI, policing board, the Dept of Justice and civil servants are hardly unbiased as their main aim is to save money and being Northern Ireland the police are not on everyone’s Christmas card list. To perhaps have the pension process decided by some of those that caused many of the injuries to police officers in the past is concerning. Injured officers appear to be a burden !
I am relieved and heartened that the IODPA are on board with this. I have been unable to find any help in the past for either of my appeals and felt very alone.
Keep up the good work.
I was recommended a band 1 by smp in 2019 and refused by nipb on the basis I was awaiting a disciplinary hearing. The hearing did not take place due to many reports provided by psychiatrists and independent doctors Paul Millar being one.
I was pushed into resigning on a iod pension and am still waiting for an imr . My solicitor , Edwards & Co are ignoring mgmt emails
Thank you for taking up the cudgels on behalf of all officers in PSNI. It is about time they were held to account. Things have gone on for far too long.
IODPA, you are just getting stronger and stronger in what you do. Never do so many owe so much to so few.
That’s an interesting read. In my own circumstances I had to fight every way possible and with NO help or assistance from any group managed after several medical and 8 years received a payment. It should be noted that I have yet to be informed what band I was awarded.
I would like to have advice on weather I could seek a government benefit to top up.
Great to have IODPA onboard in N Ireland, the larger the membership of the IODPA charity becomes the greater influence and more legal challenges it will be able to mount. Thanks to the IODPA charity for their support.