Chief Constable

Mental Health Awareness Week 2019

Mental Health Awareness Week 2019

 

Hosted by the Mental Health Foundation, Mental Health Awareness Week 2019 takes place from Monday 13 to Sunday 19 May 2019.

We often associate the word ‘bedlam’ with raving madness and chaos, whilst forgetting that it derives from the name of a hospital, Bethlem, which was established in 1247 in London.

Now called the Bethlem Royal Hospital, it is a well-regarded psychiatric hospital providing a wide range of clinical services for people with mental health and / or substance misuse problems. Its history is, however, very colourful and is perhaps a microcosm of how mental illness has been viewed, and treated, over the centuries.

As far back as the middle of the sixteenth century, friends and relatives were allowed to visit the ‘inmates’, not least to bring food and other essentials for their survival. Public and casual visitors with no connection to the inmates were also routinely allowed in. It would be easy to think that there was entertainment to be had in viewing the extraordinary behaviours of the mentally ill, but the original rationale behind allowing the public access was rooted in financial considerations.

The governors of the hospital aimed to encourage ‘people of note and quallitie’ to visit and be moved by moral benevolence to make generous donations to aid the running of the hospital. They succeeded in this aim, but it soon became obvious that visitors came mostly for the entertainment value. What drew the visitors was, “the frisson of the freakshow” where Bethlem was “a rare Diversion” to cheer and amuse. It became one of a series of destinations on the London tourist trail which included such sights as the Tower, the Zoo, Bartholemew Fair, London Bridge and Whitehall.

Attitudes to mental illness have shifted somewhat since those dark days, and in generally the right direction. But within the police service it seems there may still be a mountain to climb.

A recent study of almost 17,000 police across the UK found that 95% of officers had been exposed to traumatic events, almost all of which were work-related. Civilian staff too were affected, with  67% of operational police staff reporting they had experienced trauma.

The study showed that 20% of the respondents reported symptoms which were typically experienced by sufferers of PTSD or complex PTSD.

Disturbingly, some 66% of respondents were unaware they might be suffering from PTSD or other anxiety related illness.

The study appears to indicate a widespread lack of awareness by senior managers of the presence of mental health problems among officers and staff.

Gill Scott-Moore, chief executive of Police Care UK, the charity which funded the research, has said,

The service has real challenges around recognising and responding to the signs and symptoms of trauma exposure and is heavily reliant upon generic NHS provision that isn’t equipped for the specialist treatment needed.

 

 

View the study here

 

 

Meanwhile, in April a national police wellbeing service was launched. Branded as ‘Oscar Kilo’ (OK) it is funded by a £7.5 million investment from the Government through the Department of Health. Chief Constable Andy Rhodes of Lancashire Constabulary heads up the new initiative. He announces on the Oscar Kilo web site that it

. . . was created and designed to host the Blue Light Wellbeing Framework and bring together those who are responsible for wellbeing. It is a place to share learning and best practice from across emergency and blue light services so organisations can invest the very best into the wellbeing of their staff.

 

 

Find the Blue Light Wellbeing Framework here

 

 

Elsewhere, between 2015 and 2019 MIND, the mental health charity, had thousands of volunteers across the emergency services actively challenging stigma, and learning more about mental health. The charity says they made positive changes for themselves and colleagues and the charity learned how organisations can improve mental health support, tackle stigma and increase workplace wellbeing.

 

Blue li

 

Back in January 2017, Police Oracle, the online publication which covers policing matters, launched its ‘Blueprint  Campaign’. Under that banner Police Oracle says it,

. . . accuses the government of failing to meet its obligation of protecting our officers both in the job and particularly, when they have been forced out of the service because of physical injuries or mental trauma.

 

Read the announcement here

 

 

It’s of some significance to note that only the Police Oracle initiative makes any mention of the thousands of former officers who were ‘forced out of the job’ as a result of disabling injury whilst on duty. Once out, their forces have generally done nothing to assist them in overcoming their disabilities. In some forces, quite the opposite. Some forces have instead chosen to hound and harass disabled former officers by a misplaced enthusiasm for conducting ‘reviews’ of their degree of disablement – an enthusiasm driven entirely by a callous desire and foolhardy expectation of easing the pressure on force budgets.

IODPA’s constantly growing membership includes serving officers who are on the cusp of retirement due to injury on duty. Their accounts reveal just how inadequate are the levels of training and awareness of mental health among line managers and more senior officers, as well as civilian staff. The accounts of pensioners are also extremely harrowing, and lay bare the true state of affairs, which is that in some forces no regard or concern is shown for the impact on them of reviews and of the financial uncertainty and anxiety engendered by the prospect of repeated reviews continuing over their lifetimes.

All of IODPA’s members have suffered, and continue to suffer, with a diversity of injuries incurred in the course of performing their ordinary duties. Many of those injuries are of the mind. Notably, depression and PTSD feature highly on the list, but the entire spectrum of anxiety disorders are represented.

In some cases, mental injury is the sole recorded ‘duty injury’ but members who have only physical injuries recorded as ‘duty injury’ also experience resulting mental damage. Hence, it is unusual to find anyone who has been retired with an injury pension who has not suffered some form of mental illness, at some level.

IODPA is pleased to see a greater emphasis on safeguarding the mental health of officers and staff, but is disappointed to see no official government-led initiatives to improve the situation of former officers with psychiatric damage who are retired on an injury pension.

We suggest this shortcoming urgently needs to be addressed. There is a need to start at the top, with the senior managers of forces. Chief Constables have the office of Police Pension Authority (‘PPA’) and are responsible for making all the decisions concerning the injury award scheme. Some of them, thankfully currently only a handful, are actively harming disabled former officers through abuses of the injury pension regulations.

We could fill many pages here with examples of truly appalling behaviour by individuals who clearly have absolutely no comprehension of the need to apply  care and compassion to any dealings with disabled former officers with psychiatric damage. We know, from a study of force management of ill health retirements, injury on duty awards and police medical appeal boards overseen by Chief Constable Morgan and sponsored by  the College of Policing, that,

Many forces are struggling due to the lack of expertise within their organisations.’ and, ‘The structure of some force HR facilities do not support the management of the process… and …issues are compounded by a lack of dedicated subject matter experts across the service and training opportunities.

 

What concerns our members is that whilst the inadequacies highlighted by Mr Morgan can be addressed, unless positive and impactful action is taken to significantly change attitudes towards mental illness and injury, then disabled former officers, and officers about to retire due to mental illness or injury, will continue to suffer at the hands of the likes of Mr Morgan. For it is Mr Morgan, in our opinion, who is spectacularly failing in his duty of care for his disabled former officers.

Mr Morgan is not alone in his unawareness, but it is Mr Morgan who has given us the most glaring example of how bad things can be when senior managers fail to understand how to engage with people who are suffering mental health damage. We have reported elsewhere, in earlier blogs, on the situation in Staffordshire, where Mr Morgan is Chief Constable and Police Pension Authority. He wished to conduct mass reviews of the degree of disablement of injury on duty pensioners. When deficiencies and alleged unlawful procedures in the process, as applied by Mr Morgan’s staff, were brought to his attention he reacted in a way which could only possibly be the result of deep ignorance of mental health issues.

He ‘invited’ a number of those pensioners under review to a meeting in summer of 2018. He could have arranged a neutral disabled-friendly environment to meet, listen and discuss issues with those who had raised concerns about the way review process was being conducted. Instead he announced he would be holding the said meeting, at police headquarters,
to which pensioners – all disabled in some way or another, – were invited. His invitation reads
more like a summons.

Here are the original blogs –

https://iodpa.org/2018/07/13/chief-constable-morgan-sends-letters-to-vulnerable-pensioners/

and

https://iodpa.org/2018/07/23/cc-morgan-refuses-pensioners-legal-representatives-to-attend-a-meeting/

Mr Morgan described the proposed meeting thus: ‘The meeting is to explain the next stage of the process.’ There could not have been a clearer indication that the meeting would never be about clearing the air through informed discussion.

When pensioners asked if their legal representatives could attend, and were met with a refusal, the pensioners all decided there would be no point in attending if Mr Morgan wished to use the meeting only to ‘explain’ what he intended to do. Pensioners felt they would be exposed to pressure in the anxiety-inducing environment of police headquarters.

In our opinion, Mr Morgan’s actions seem to be those of a man who is by instinct adversarial and dogmatic. They appear to be the actions of a man who cares more about defending a flawed process into which he has inserted allegedly unlawful demands, rather than caring for the health and wellbeing of disabled former officers. They seem to be the actions of a man who wishes to hear no other views than his own.

His force is now facing a legal challenge to his decision to reduce the pensions of the seventeen pensioners who questioned his review process. It may cost the force many tens of  thousands of pounds and will do nothing to foster good relationships with injury on duty pensioners.

Just as Bethlem became bedlam and a meme for historically inappropriate mental health care, so too has the ‘review’ provision within the police injury benefit scheme regulations become, in the hands of the likes of Mr Morgan and a few others, a meme for the entrenched institutional insensitivity and disregard for disabled former officer’s mental health.

Bethlem reformed itself over the years and became a shining example of modern healthcare. We have to hope that the police service and the government will do more than announce initiatives and studies and will take positive and far-reaching action to eradicate the negative attitudes exemplified by Mr Morgan and others who we have identified and named in these blogs.

Conflict Of Interest

Conflict Of Interest

Conflict Of Interest” – A term used to describe the situation in which a public official or fiduciary who, contrary to the obligation and absolute duty to act for the benefit of the public or a designated individual, exploits the relationship for personal benefit, typically pecuniary.

Up until 2006, the source of funding of police injury pensions were the payments which serving officers made, by way of deductions from their salaries, amounting some 11%. Those contributions were intended to be sufficient to covered the costs of the ordinary retirement pension and the injury benefits.

However, in 2006, the Government made the injury benefit scheme a freestanding scheme, ostensibly because this was a move necessary to preserve the tax free status of the injury benefits (gratuity and pension for life).

In 2006, the Police Pension Regulations were amended to remove injury benefits from that legislation and new Regulations – The Police (Injury Benefit) Regulations 2006 were made.

The change was necessary because a new tax regime for registered pension schemes – introduced by the Finance Act 2004 – came into effect on 6 April 2006. Any unauthorised payment would thus incur a tax charge. In order not to let the Police Pension Scheme incur such charges, it was necessary to separate the injury benefits from the pension scheme regulations.

However, the Government at the same time also decided that funding for the injury benefit scheme would now come entirely from the operating budget for each force.

We may speculate that the Government was aware, that prior to 2006, there had been some inventive use, shall we say, of the injury benefits. When it suited forces to do so, they could rid themselves of expensive long serving officers of constable and sergeant rank by retiring them on an injury pension. The force could then hire cheaper labour in the form of new recruits.

There is some suggestion that the Government may have encouraged this or at least gave tacit approval.

The immediate effect of the change in funding arrangements meant that some chief officers and police authorities began to view payment of existing injury pensions as a burden – a drain on resources. Those attitudes grew more entrenched whenever the Government required forces to make cuts in spending.

Prior to 2011, the responsibility for all decisions made concerning police injury benefits lay with the police authorities. In practice, the police authorities usually delegated the entire administration of injury benefits to their Chief Constable, who in turn delegated to a senior manager.

The Police Reform and Social Responsibility Act 2011 abolished police authorities in England and Wales, outside of London, on 22 November 2012 replacing them with directly elected Police and Crime Commissioners.

At the same time, the office of Police Pension Authority (PPA) was created. The new office of PPA took on the responsibilities formerly held by the police authorities.

The office of Police Pension Authority was vested in the sole personage of each Chief Constable (with different arrangements in London).

This naturally created the opportunity for a conflict of interest to arise. A Chief Constable was, on one hand, now supposed to be prudent with their force’s budget whilst on the other hand ensuring the scope and purposes of the police injury benefit scheme were promoted and nurtured.

It has proved to be a difficult, sometimes wilfully impossible, task for some Chief Constables to separate out the differing and often conflicting duties of a police pension authority from those of a Chief Constable.

A PPA should be blind to the cost implications of any decisions made regarding the grant or review of injury pensions. It would be entirely wrong, and contrary to the intent of the injury benefit Regulations if a PPA were to allow bias and partiality or irrelevant factors to enter and skew any decision-making process.

A PPA is entitled – even is under a duty – to ensure that injury benefits are paid only at the level to which the recipient is entitled to receive. In practice, some PPAs try to take this to extremes, by making it very difficult for injured officers to get an injury award, and by aggressively using the review provision within the Regulations to harass disabled former officers with a view to reducing their pensions.

Clearly, something needs to change. Either Chief Constables need to stop acting outside the law, or the responsibility for the injury benefit scheme should be handed, through new legislation, to a truly impartial and independent body.

We see no sign of the latter becoming reality, so it remains incumbent on injury on duty pensioners to do all that is necessary to protect their pension rights – and that usually means firstly standing up to errant Chief Constables, and, where they won’t listen to reason, taking them to court.

Thames Valley Police Lead The Way With Ethical Injury Reviews

Thames Valley Police Lead The Way With Ethical Injury Reviews

Thames Valley Police (‘TVP’) lead the way in how Injury on Duty reviews should be carried out and if they do indeed, follow the process as described by their National Association of Retired Police Officers Secretary (‘NARPO’), they should be applauded and praised.

We are extremely pleased to read this publication from TVP’s NARPO Secretary.  NARPO and the Federation have been involved from the outset and it appears that Reg 37(1) reviews will be conducted in exactly the way we have been campaigning for.

TVP IOD pensioners have been well represented by both organisations and we thank them wholeheartedly.

IODPA have never had a problem with reviews being held as long as they are conducted fairly, compassionately and in accordance with the Regulations and all relevant caselaw.

We are delighted that it seems that TVP are going to do just that.

Thames Valley NARPO have released a circulation explaining how the process will be carried out, how the procedure was agreed following consultation with NARPO, the Police Federation and the Force administration.

Here is the relevant section of the NARPO newsletter –

TVP NARPO

 

We commend the approach by Chief Constable Habgood (pictured above) and his team for showing the way the review process should be carried out. We are forever hopeful that other reviewing forces will take note.

If anyone is concerned at any impending reviews, please contact us at using our contact form above where we will be able to support and assist.

Gareth Morgan Invokes Regulation 33 On Seventeen Disabled Pensioners

Gareth Morgan Invokes Regulation 33 On Seventeen Disabled Pensioners

 

Gareth Morgan (pictured) has sent out letters to seventeen Staffordshire police pensioners informing them he is dropping their injury pensions based on his interpretation of Regulation 33 of The Police (Injury Benefit) Regulations 2006. He is also intending to back date his decision.

We cannot comment on this any further for legal reasons, but here is what Staffordshire Police have posted on their website –

 

The Staffordshire Saga

The Staffordshire Saga

Never let the truth get in the way of a good story.

― Mark Twain

 

Staffordshire Police is one of less than a small handful of forces which remain determined to abuse the ‘review’ provision contained within The Police (Injury Benefit) Regulations 2006.

Chief Constable Morgan, fresh from his experiences with attempting to run a mass review programme of injury pensions in Avon and Somerset, has committed Staffordshire to a similar enterprise.

Mr Morgan’s story in Avon and Somerset, which he has repeated in Staffordshire, is that there is a duty to review the degree of disablement of all former officers who are in receipt of an injury on duty pension. In an open letter dated 21st December 2017 CC Morgan writes,

On 26 April 2017 Staffordshire (sic) Police began a pension review of retired Injured on Duty (IOD) officers in accordance with Reg. 37 (1) of the Police (Injury Benefit) Regulations 2006 which places a duty upon the Police Pension Authority (the Chief Constable) to review whether the degree of the pensioners’ disablement has altered.

 

There is a duty, which is subject to a discretionary process before being acted upon, which allows a Police Pension Authority (‘PPA’) to,

. . .  consider whether the degree of the pensioner’s disablement has altered . . .

 

A PPA must, for each individual, first determine whether it is appropriate to consider whether their degree of disablement has altered. It must first identify a suitable interval has passed since the time of the last final decision was made on degree of disablement. In some instances, there may never be a suitable interval.

Let’s  put this as simply as possible. Unless a PPA can show, with a record of its reasoning process, that there has passed a suitable interval then a PPA is not entitled to make any consideration on degree of disablement.

This aspect of the Regulations was settled way back in 2003, in the case of Crocker. The court opined,

I regard the review provision as the key.  There is no need to speculate.  As and when circumstances dictate, the pension is reviewed.  The doctors, the Medical Referee, and Selected Medical Practitioner can, and here did, indicate when they thought that that should happen.  Such a power is wholly inconsistent with a need to forecast the future and then to test the calculation of the forecast against the actual out turn on a number of occasions.  The means by review of correcting the pension when circumstances change obviates the need not just to speculate, but to speculate and review as well.

 

That determination is not hard to understand, but in plainer English, the court decided that doctors, medical referees (now PMAB’s) and SMPs should not speculate about when any alteration in an individual’s degree of disablement might occur. A PPA should not use those speculations as reason to conduct a ‘review’.

Moreover, the court decided that any ‘review’ should be a reaction to a perceived change in circumstances of an individual.

Staffordshire Police, and others, should note well the deliberate use of the singular pronoun in regulation 37, which identifies – ‘the pensioner’. Not, ‘all pensioner’s degrees of disablement’ or even, ‘pensioner’s degrees of disablement‘.

When the Regulations speak of the singular person they intend a singular consideration, not a mass consideration.

The PPA should therefore conduct a full review only after having considered that the degree of the pensioner’s disablement has altered.

We have to comment too, that a ‘consideration’ is a very different concept to a ‘review’. In fact, the word ‘review’ does not appear anywhere in the Regulations.

What Staffordshire Police mistakenly reads into the Regulations is a carte blanche duty to intrude into the lives of disabled former officers. They think that they can demand a range of sensitive medical and financial information to which they have no legal right. They think that they can task their HR or Occupational Health departments to collude with the doctor hired by the force to conduct medical assessments and examination with a view to influencing what should be an independent medical decision by the SMP.

Staffordshire Police set about their plans to conduct a mass review programme in the manner of a surgeon removing a leg to treat an ingrowing toenail.

The truth is, all Staffordshire Police are entitled to do is to make a polite enquiry of only those pensioners where there my be a strong indication of alteration. Their duty is discharged entirely once they get the answer that there has been no alteration.

We can for the moment leave aside well-founded suspicions that wherever a force has decided to hold mass reviews the decision to do so has been based entirely on an expectation of saving money.

Such expectations have proved to be illusory.

The facts are that over a ten year period, up to 2015, across the country, when most forces were conducting reviews, the vast majority resulted in a decision there had been no alteration in degree of disablement.

Even if Staffordshire Police’s intentions were entirely based on an altruistic desire to comply with the basic concept that a police pension authority needs to ensure the correct level of pension continues to be paid, should circumstances alter, then conducting a mass review is not the way to go about it.

So, what has happened so far? What progress has been made since Mr Morgan’s announcement in April 2017?

A recent Freedom of Information request has revealed some interesting facts.

A company called IMASS/Medigold was contracted to provide a doctor or doctors to conduct the medical aspects of the reviews. This company’s doctor commenced his work with Staffordshire in February 2018.

A doctor assessed 26 injury on duty pensioners. He made a decision there had been no alteration in degree of disablement in 6 cases. In the remaining 20 cases he decided he could not make any decision. No former officers were decided to have experienced any alteration in degree of disablement.

There is no option in the Regulations for a SMP to discharge his task by not deciding. Once a PPA has commenced a consideration it must ensure a decision is made. Staffordshire PPA is in breach of its duty in respect of those 20 pensioners who have no finality.

Surely, common sense should prevail in these circumstances. A PPA has only one realistic option, which is to record the SMP’s ‘no decision’ as a decision there has been no alteration. It is inhuman to leave pensioners up in the air with the uncertainty a failure to decide engenders.

Other evidence of what has resulted from reviews is contained in a Progress Report dated 22nd March 2018.

Police_Pensions_Board_Half_Yearly_Report_140318

 

It states a total of 45 injury on duty pensioners had been reviewed, or were in the process of being reviewed. Of them, 13 were decided to have no alteration in degree of disablement. In 4 cases, the pension was reduced due to a decision there had been a substantial improvement in degree of disablement. Of the remaining 28 pensioners there was no news.

Each review will have cost at least £500 to £600 and if there are appeals and court cases resulting from unlawful application of the regulations the experience of Avon and Somerset will be repeated in Staffordshire. When Mr Morgan was DCC in Avon and Somerset he saw a bill which ran into hundreds of thousands of pounds.

IODPA finds it hard to understand why Staffordshire police pension authority is happy to waste so much public money in conducting ‘reviews’ as currently constructed, when it is open to it to devise a process which will allow it to comply with regulation 37 at minimal cost, and without visiting anxiety and real harm on vulnerable disabled former officers.

Staffordshire Police tell a good story, but just like those of Mark Twain, it is complete fiction. And not even slightly amusing.

CC Morgan refuses pensioner’s legal representatives to attend a meeting

CC Morgan refuses pensioner’s legal representatives to attend a meeting

We recently published a letter sent by Chief Constable Morgan of Staffordshire Police to  pensioners in our blog found here – https://iodpa.org/2018/07/13/chief-constable-morgan-sends-letters-to-vulnerable-pensioners/

He invited pensioners who are currently subject to an ongoing review to meet him, so that he may discuss his obligation to make a determination under regulation 33 of The Police (Injury Benefit) Regulations 2006.

Any such determination under Regulation 33 is a legal decision and Mr Ron Thompson of Haven Solicitors who represents a number of the pensioners has quite rightly requested that he and his colleague Mark Botham be allowed to attend the meeting in order to represent his clients best interests.

Mr Morgan has refused to allow the vulnerable pensioner’s legal representatives to attend the meeting on their behalf on the basis that

 

…it was not not my intention for the meeting to be adversarial in any way.

 

We’ve been passed Mr Morgan’s response by one of the pensioners.

 

Morgan_letter_to_Ron

 

Chief Constable Morgan sends letters to vulnerable pensioners

Chief Constable Morgan sends letters to vulnerable pensioners

Chief Constable Morgan of Staffordshire Police today sent a letter to former police officers, all of whom are disabled, either mentally or physically.

These pensioners have been under review for a considerable amount of time and have to date fully complied with The Police (Injury Benefit) Regulations 2006 which govern them.

They have been sent this letter by Mr Morgan who has given them a week to comply.

Our advice is that these vulnerable and injured pensioners should politely decline his offer.

 

Morgan_letter

 

Watch out for a more detailed blog on this letter shortly.

Chief Constable Kavanagh of Essex Police responds to IODPA

Chief Constable Kavanagh of Essex Police responds to IODPA

Following the recent announcement of Essex Police to start reviewing injury pensions, and after reviewing documentation sent out by Kevin Kirby, we were sufficiently disturbed to formally write to the Chief Constable, Mr Kavavagh. Here is a copy of the letter that we sent.

 

Letter to Essex CC

 

Here is the reply that Mr Kavanagh provided.

 

CC Kavanagh Reply

 

We are grateful to Mr Cananagh for taking the time to reply, but still feel as though there are lot of unanswered questions.

The only way is not Essex

The only way is not Essex

What we’ve got here is failure to communicate.
 Cool Hand Luke (1967)

It seems there has been a rush of blood to the heads of certain people in the higher echelons of Essex Police. For reasons as yet unknown to the Police Pension Authority, which is an office vested in none other than the sole personage of the Chief Constable, Steven Kavanagh (pictured), has decided to commence a programme of reviews.


For anyone who has not kept up with ongoing events in the long drawn out and sorry saga of police injury pension maladministration which has blighted the lives of far too many disabled former officers, here is a brief recap.

A ‘review’ is shorthand for what happens when a Police Pension Authority (PPA) exercises a power of discretion conferred on it by Regulation 37 of The Police (Injury Benefit) Regulations 2006. A PPA decides to check whether the degree of disablement of an officer, retired with an injury pension, has altered.

It sounds simple, and it is simple. All a PPA has to do is follow the Regulations and be familiar with the ample case law which provides clarity should explanation be needed. Or, if they fancy a lighter but no less helpful read, HR managers could do no better than study the blogs which IODPA has thoughtfully provided to help educate them.

Yet despite this ready access to information PPAs have consistently managed to muck things up. You would think they were doing it deliberately.

In Essex, it is almost as though everyone who has had a hand in setting up this programme of reviews has been secured in a bubble, kept separate from the rest of the world, so they have no idea whatsoever about recent events.

Events such as the disaster in Avon and Somerset, where much public money was wasted in attempting to hold a review programme, which in our opinion was unlawful.

Events such as the Information Commissioner’s advising that Avon and Somerset and Northumbria had no right to continue to hold excessive historical personal information about retired officers.

Events such as the binding opinion of the Honourable Mr Justice Supperstone in the 2012 case of Simpson v. Northumbria Police Authority and others, where he made it very clear that,

‘The statutory scheme requires an assessment as to whether there has been an alteration in the degree of disablement first. A further quantum decision on the present degree of disablement is only permissible if the police authority, acting by the SMP, have first decided that there is a substantial alteration in the former officer’s degree of disablement.’

So, what is going on in Essex? What has prompted the idea to review batches of injured pensioners? And why has nobody – absolutely nobody – in management had the common sense and nous to look at the regulations and case law to see why their plan is likely to spectacularly fail.

It is indeed a failure to communicate on an epic scale.

More than a failure of communication, it is a failure of awareness, a failure of reason, a failure of professional competence, a failure of decency, a failure of knowledge and a total failure to treat disabled former officers with respect and consideration. There is so much wrong with what Essex is doing that in the space of this blog it won’t be possible to cover all aspects. We can, however, focus on a few elements which demand special attention due to their sheer crassness.

Let’s look at the letter and questionnaire which Kevin Kirby, Head of Pension Governance & Compliance has sent to the first of the injury pensioners who have been selected to undergo a ‘review’. Just who does he think he is, and just who does he think he is talking to?

He writes,

‘We will require a full update on your medical status since your retirement which requires you giving consent for release of your GP records.’

No, you can’t do that Mr Kirby. A review must only determine if there has been any alteration in the specific disabling effect of the recorded duty injury or injuries. One’s ‘medical status’ does not come into it. And neither does the record of a pensioner’s health since retirement.

He writes,

‘Please observe that the pension authority has full powers under the above regulations to undertake this review. It requires openness and transparency concerning your requirement to provide the pension authority with your consent and accurate information.’

Wrong again Mr Kirby. What are you talking about? The PPA has ‘full powers’? What do you think the PPA is – the dictator of some backward country bogged down in the Middle Ages? The only, very limited, power a PPA has, under regulation 37, is to ‘consider whether the degree of the pensioner’s disablement has altered.’ Where is the individual consideration in your sending out of letters and questionnaires to multiple recipients, all of whom are in the highest bands and thus represent the best prospect for the PPA to make reductions?

You can’t have your SMP make any assessment until you have carefully considered, in each individual case, whether a suitable interval has passed which will give good reason for the PPA to think a review is appropriate. You have not done that. Instead, you have gone straight to a process which is obviously intended to allow an unspecified someone to decide whether there has been an alteration in degree of disablement, largely on evidence of employment and earnings.

We do not think you have an inkling what degree of disablement is, or how any alteration is to be determined. Here is a clue for you. It is a medical matter, not a financial matter.

IODPA suspects that pensioners will be all too familiar with the authoritarian tone of a man who thinks he is in a position to order people to do his bidding. Pensioners, however, will know that he has no such authority. He has no power whatsoever to require anything of any private citizen, which is what all former officers are. He can ‘draw attention’ to the police pension regulations as much as he likes but even the most detailed reading of the regulations will not reveal anything which confers on a PPA the power to ‘require’ a single thing from any injury pensioner.

The questionnaire runs to six pages. IODPA will return to this most ill-intentioned document in full later. But for now, be amazed at how misguided the man is who thinks it is his business, his right, to ask you for details of your earnings, and then, astoundingly, requires you to sign consent to let him have HM Revenue hand over all details of your tax position, earnings and employment – since the date you retired.

To bolster up his empty demands for information, Mr Kirby then sees fit to issue what is an all too familiar nasty, and equally empty threat. He provides an Appendix A with his letter in which he seeks to tie his demands for information with a blatant but totally erroneous indication that failure to comply with all of his requirements will result in your pension being dropped to band one.

So, let’s round this up. We know that we are wasting our breath in trying to shock Mr Kirby into realising that he is just so very wrong in so many respects. He will, like all his colleagues across the country who have trodden this rocky road, go automatically into full defensive intransigent position at the first signs of any questioning of his plans. The only thing which will move Mr Kirby is when the PPA and SMP are ‘required’ to attend as respondents in a judicial review. And as sure as eggs are eggs that’s where Mr Kirby is taking his PPA and SMP.

Instead of trying to educate those who are deaf to reason and blind to accurate information, let’s close this by advising all injury on duty pensioners in Essex to file away Mr Kirby’s letter, questionnaire, and Appendix A for future reference. On no account complete the questionnaire. On no account give signed permission for the PPA to obtain medical or financial information.

Chief Constable Morgan’s open letter

Chief Constable Morgan’s open letter

Today Chief Constable Gareth Morgan, the Staffordshire Chief Constable placed an open letter on his website regarding the forces recent Police (Injury Benefit) Regulations 2006 reviews under Section 37(1), and the recent resignation of his Selected Medical Practitioner (SMP) – Dr Vivian, who informed us last week that performing the role of a SMP in relation to these reviews had, “been a major burden”.

It was our intention to seek permission to reproduce the open letter here, but as Mr Morgan who is a prolific Twitter user, has previously blocked us, we were unable to ask. The article has been marked as an open letter, and so we will reproduce it here in it’s entirety, and also provide a link to the original so you may read it in all it’s glory.

Open letter

21.12.2017

Pension review of retired Injured on Duty (IoD) officers

On 26 April 2017 Staffordshire Police began a pension review of retired Injured on Duty (IoD) officers in accordance with Reg. 37 (1) of the Police (Injury Benefit) Regulations 2006 which places a duty upon the Police Pension Authority (the Chief Constable) to review whether the degree of the pensioners’ disablement has altered. Injury Benefit pensions (commonly known as Injury Awards) are granted to retired officers who have been medically assessed as being between Band 1 (slight disablement) to Band 4 (very severe disablement). By law a review cannot result in an injury pensioner being reduced to less than Band 1 so they are never removed in their entirety.

Since this time, and after confirming my intention to continue the reviews after my arrival as Chief Constable, there has been misinformation and misrepresentation of facts in what appears to be an attempt to besmirch the professional reputation of independent medical practitioners and Staffordshire Police. A small number of individuals have set out to campaign against these reviews in a manner which my staff have described as akin to harassment and intimidation – much of it on line and in the public domain.

I have always recognised that these reviews can cause concern and we have committed to expediting the process for that reason. I recognise that everyone is entitled to a view and are allowed to express it. However, the conduct of individuals is such that the independent Senior Medical Practitioner (SMP) no longer wishes to conduct injury assessments for retired officers at this time. The assertion circulating that the SMP left because he was being required to follow the instructions of the force and act unethically is entirely without foundation.

Every care is taken to ensure the Police (Injury Benefit) Regulations 2006 and related case law are adhered to. I reviewed the process and sought legal and HR advice before confirming my intention to continue the reviews. I am entirely confident that the procedures comply with the regulations and are lawful, both in the way Staffordshire Police conducts itself and in the actions of the SMP.

So far, reviews have commenced for 34 people. To date, 13 have been completed and have reached outcomes, of which four IoD pensioners have had their banding reduced to Band 1. To date, three of these pensioners have stated their intention to appeal as is their right in accordance with the Regulations. Appeals are conducted by the Police Medical Appeal Board, which is independent of Staffordshire Police.

The pension benefit review has not been held in the interests of money saving and no savings are assumed in our forecast budget plans. In fact, the total cost to Staffordshire Police for IoD pensioners amounts to £3 million per annum.

The review is to ensure we are ethical and proportionate in the way that we use public money and to ensure there is a fair and consistent approach to all. The review will ensure that the pensioners continue to receive the appropriate level of award.

I acknowledge we have a duty of care to support IoD pensioners and we are fully committed to providing that support to the most professional of standards. This covers all 360 IoD pensioners we have in Staffordshire. I also have a duty of care to my staff which is why I am writing this letter to iterate that I will not tolerate the treatment they have recently received.

I would ask that everyone reads the information that clearly outlines the review process on our website pages. Appeals, complaints and concerns should be submitted through formal channels and not aired in such a way that discredits the working practices of my colleagues who are simply carrying out their lawful and legal duties.

Gareth Morgan

Chief Constable, Staffordshire Police

21 Dec 2017 17:00:08 GMT

https://www.staffordshire.police.uk/article/8802/Pension-review-of-retired-Injured-on-Duty-IoD-officers

He has stated that reviews are not being conducted to save money.

He has also stated that no-one can be reduced below a band one, despite Staffordshire Police clearly threatening to suspend awards if the IOD does not comply with their demands. (here is the before and after).

What saddens us is the need to blame extremely poorly pensioners for the reason for Dr Vivian to withdraw from the process.

We wonder how the Regulations and case law is being adhered to when we read there are at least three pensioners who are appealing.

Also, what was the end result of the other nine pensioners?

We notice that Mr Morgan has blocked any comments being placed after the article on the Staffordshire Police website, which sort of makes his rant one way. Never mind, we’ll be happy to accept your comments! As always, please make them constructive.

Finally we have to ask, is a “Senior Medical Practitioner”, a SMP who is somehow superior in position or authority to an ordinary “Selected Medical Practitioner”? Answers on a postcard.