Judicial Review Update – Protecting the Right to Independent Justice

Over the past year we have written about the Pensions Ombudsman’s decision to stop investigating complaints of maladministration under the Police (Injury Benefit) Regulations 2006.

Here is a summary of the issue –

• The Pensions Ombudsman used to investigate injury pension maladministration.
• It now says it no longer has the legal power to do so.
• We’re asking the High Court to decide whether that decision is wrong.

Many members have asked where the case now stands, so we wanted to provide a brief update and explain why this legal challenge remains so important.

Where are we now?

We have now issued Judicial Review proceedings in the Administrative Court.

The High Court has already considered our application and granted permission for the case to proceed. In doing so, the Court accepted that our challenge is arguable and that the Pensions Ombudsman must answer it.

The parties have now filed their evidence with the Court and we are awaiting a hearing date.

This is no longer simply a disagreement over the law. The High Court has recognised that there is an important legal issue that deserves to be determined.

Why does this matter?

For many years the Pensions Ombudsman investigated complaints where it was alleged that a police force had failed to properly administer the Police (Injury Benefit) Regulations.

That independent oversight was important.

If a force failed to follow the Regulations, ignored relevant evidence, or made decisions that were arguably contrary to the law, an injured pensioner had somewhere to turn without immediately facing the enormous cost of High Court litigation.

Following the Court of Appeal’s decision in Clark & Bell, the Pensions Ombudsman has concluded that it no longer has jurisdiction to investigate complaints relating to injury benefits under the Police (Injury Benefit) Regulations 2006.

We believe that conclusion is incorrect, which is why we have brought this Judicial Review.

If the Ombudsman’s position remains unchanged, the practical consequences are significant.

Once an injured officer has exhausted the appeal process provided within the Regulations, there is effectively no affordable, independent body able to investigate allegations of maladministration.

Instead, the only remaining option is a Judicial Review in the High Court—a process that is simply beyond the financial reach of most injured pensioners.

For many people, that means there is no realistic access to justice.

This affects more than police officers

Although our claim concerns the Police (Injury Benefit) Regulations 2006, as this directly impacts every retired officer with an injury pension and potentially every single serving officer who may, through no fault of their own become injured during their service.

The Fire Brigades Union has also commenced legal proceedings because firefighters are affected by the same legal issue.

The Court will ultimately determine whether these cases should be heard together or separately, but the fact that other public service injury schemes are affected demonstrates just how important this point of law has become.

The outcome has the potential to affect current and future police officers, firefighters and others covered by comparable injury benefit schemes.

Why we need your support

Taking a case of this importance to the High Court has never been about individual compensation.

This case is about protecting access to independent justice for everyone covered by the Injury Benefit Regulations.

So far we have incurred legal costs of approximately £40,000, with significant further costs still to come as we prepare for the final hearing.

Every stage of the proceedings requires specialist public law solicitors and experienced King’s Counsel. Cases of this nature are necessarily expensive, but they also establish legal principles that can protect thousands of people in the future.

IODPA is a charity. We can only continue this challenge because of the generosity of our members and supporters.

Whether you are a serving officer, a retired officer, a firefighter, a family member, or simply someone who believes that injured public servants should have access to independent justice, we ask you to consider supporting this case.

Every donation, however large or small, genuinely makes a difference.

Thank you

We would like to thank everyone who has supported us so far.

Your donations, messages of encouragement and willingness to share our campaign have enabled us to reach this stage.

We will continue to keep members updated as soon as the Court lists the hearing.

Together, we hope to ensure that those who have sacrificed their health in public service are not denied an affordable and independent route to justice.