newsflash

PFEW to launch Compensation Claim against Government over the Police Pension Regulations 2015

PFEW to launch Compensation Claim against Government over the Police Pension Regulations 2015

Further to our news item and the thoughts David Lock QC on the discriminatory nature of the Police Pension Regulations 2015, here is a link for those who may have been affected.

https://www.polfed.org/news-media/latest-news/2020/pfew-to-launch-compensation-claim-against-government/

 

David Lock QC – Confusing Cases And Bad Law

David Lock QC – Confusing Cases And Bad Law

David Lock QC gives an interesting insight into a number of conflicting cases and how recent case law has been shaped.

The conflict is between Laws/Evans on one hand and Doubtfire/Boskovic on the other. Hopefully we will have a defining correction at some stage in the future.

You may read his article here,

https://www.linkedin.com/pulse/confusing-cases-bad-law-meaning-effect-decisions-made-david-lock-qc/

Alternately, you may read a copy here.

Confusing cases and bad law_ The meaning and effect of decisions made in the police ill-health retirement process_

David Lock QC provides an update to the flawed police pension regulations 2015

David Lock QC provides an update to the flawed police pension regulations 2015

David Lock QC has released a new paper over the financial disaster that was imposed on some police officers by the forced implementation of the Police Pension Regulations 2015.

The Government have indicated that they will remedy the unsatisfactory situation, but it is not yet known how they are planning to resolve the issue, or when.

This is going to be a complex matter to unpick because retrospective changes to ill-health pensions will have a knock on effect to the calculated value of injury pensions as well.

You may read his article here,

https://www.linkedin.com/pulse/pension-rights-police-officers-who-suffer-losses-result-david-lock-qc/

Alternately, you may read a copy here.

The pension rights of police officers who suffer losses as a result of being transferred from the 1987 or 2006 scheme to 2015 police pension schemes_

Government Capitulate Over Psychiatric Injury Award

Government Capitulate Over Psychiatric Injury Award

The Government have capitulated over the granting of psychiatric injury awards when faced with a looming court challenge.

Regulation 12 of The Police (Injury Benefit) Regulations 2006 allows for an additional ‘Disablement gratuity’ to injured officers where it could be shown that within 12 months of so receiving their injury, they become or became totally and permanently disabled as a result of that injury.

It was successfully argued that the regulations discriminated against officers with mental health conditions such as PTSD, as often the full extent of these types of injuries are not fully recognised until after the 12 month time limit. This will provide parity for officers with mental health injuries compared to those with physical injuries.

The Government have also agreed to review this part of the regulations.

Congratulations to Ron Thompson of Haven Solicitors, David Lock QC and Leon Glenister of Landmark Chambers for bringing this successful case.

Here is the press release –

 

1a HEADED PRESS RELEASE 21.04.20

 

Possible Pension Miscalculations in PSNI – Update

PSNI

PSNI

On 2nd October 2019, we published a news item regarding concerns over substantial underpayments of ill-health pensions by the Police Service of Northern Ireland (‘PSNI’).

You can read the original article here – https://iodpa.org/2019/10/02/possible-pension-miscalculations-in-psni/

In summary, a number of officers who had joined under the Police Pension Scheme 1988 (‘PPS 1988’), and retired under the Police Pension Scheme 2015 (‘PPS 2015’) thought that their pensions appeared on the low side.

After making contact with us, we recalculated their pensions, which PSNI subsequently confirmed were closer to their true value. We understand that two officers alone had back payments in the region of £80,000 between them.

Disappointingly, last week, we were contacted by another former officer over the same issue. We calculated that they too had been under paid and were due a back payment of approximately £20,000. PSNI confirmed our findings and agreed to put matters right in their May 2020 pension payment.

These are not small sums of money and as this matter was first brought to the attention of the PSNI over five months ago, we are truly shocked that they don’t appear to have either identified those pensioners that may have been affected or written to those former officers to inform them that they may have had their pensions miscalculated.

We have written to the Finance and Support Services Department of the PSNI asking them to expedite this matter.

 

 

 

Chief Constable Gareth Morgan Weeps

Chief Constable Gareth Morgan Weeps

Gareth Morgan commented on the decisions he’s made:  “I’m fairly unapologetic about it”

Chief Constable Gareth Morgan, has taken part in a new BBC documentary, “Cops like us”, following police officers in Staffordshire. He was reduced to tears when talking about some of the decisions that he’s had to make, but concluded by saying “So, it may well be surprising. I’m fairly unapologetic about it.”

The program shows the scale of challenges that the officers face on a daily basis and are a constant reminder that some officers can become seriously injured through no fault of their own.

PC Keri Inskip said, “While violence has always been prevalent in the areas I’ve worked in and I’ve always been in city centre policing where there has been high levels of violence, it’s more dangerous now than I’ve ever known.”

Last year Gareth Morgan reduced the pensions of seventeen former officers injured on duty. A judicial review is expected later this year over that decision.

Cops Like Us aired at 9pm on BBC Two and is available on BBC iPlayer.

https://www.stokesentinel.co.uk/news/stoke-on-trent-news/bbc-cops-like-us-staffordshire-3960394

https://inews.co.uk/culture/cops-like-us-police-stoke-austerity-cuts-2461984

Audit Office Report On Injury Awards Angers The Police Federation Of Northern Ireland

Audit Office Report On Injury Awards Angers The Police Federation Of Northern Ireland

A report released by the Northern Ireland Audit Office into Injury on Duty payments to officers is “disappointing and unfair” according to the Police Federation of Northern Ireland.

A report entitled “Injury on duty schemes for officers in the Police Service of Northern Ireland and the Northern Ireland Prison Service” by the Northern Ireland Audit Office has been heavily criticised as it fails to take into account the unique policing circumstances in Northern Ireland.

The response to the report (published below), can be found here – https://www.policefed-ni.org.uk/media-centre/2020/march/pfni-says-injury-on-duty-report-is-unfair

 

234470 NIAO Injury on Duty etc_V5 FINAL WEB

 

Home Secretary Announces Police Covenant Consultation

Home Secretary Announces Police Covenant Consultation

Home Secretary Priti Patel has launched a consultation on a new covenant to recognise the service and sacrifice of the police.

The Police Covenant will enshrine the rights of serving or former police personnel.

It is designed to enhance support and protection for officers, staff and their families.

The consultation, which will run for eight weeks, is being launched to seek views on implementing a Police Covenant in England and Wales.

It covers the themes of physical protection, health and wellbeing and support for families, as well as the scope and wording of the covenant.

You can take part in the consultation process by visiting this link – https://www.homeofficesurveys.homeoffice.gov.uk/s/NC12Z/

Please take part in the survey and mention IODPA when and where you can!

More information can be found here – https://www.gov.uk/government/consultations/police-covenant-for-england-and-wales and the Government press release can be found here – https://www.gov.uk/government/news/government-launches-consultation-on-covenant-to-protect-police

Injury Pensions Should Be Paid From The Date Of Retirement And Not Application

Injury Pensions Should Be Paid From The Date Of Retirement And Not Application

Lloyd Kelly case establishes an injured police pensioner’s right to a police injury pension from the date of retirement, even if the pension is awarded in subsequent years.

In a decision which will have significance for other injured former police officers, the High Court has confirmed that an injured former police officer should be paid a police injury pension from the date of his or her retirement, even if the officer is only awarded the injury pension many years later.  Thus, all injured former police officers who qualify for an injury pension are entitled to “back pay” going back to the date of their retirement.

The issue arose in R (Chief Constable Of South Yorkshire Police) v The Crown Court At Sheffield & Anor [2020] EWHC 210 (Admin) where Mrs Justice Jefford accepted the former officer’s legal arguments that Regulation 43 of the Police (Injury Benefit) Regulations 2006 meant that an injured former police officer is entitled to a pension in each year after the date of his or her retirement, even if the award is only made a number of years later.

The High Court Judge also confirmed that a former officer can challenge any such non-payment by a simple application to the Crown Court instead of having to follow complex procedures under the Civil Procedure Rules.  The Judge also decided that the 2006 Regulations has no provision for the payment of interest and so no interest was payable on overdue awards.

Mr Kelly had retired in 2005 with serious PTSD arising out of his police duties, but was not advised at the time by the Force that he could be entitled to an injury pension.  He only found he was being short-changed on his pension rights in 2016.  He applied for an injury award and was found eligible for a substantial additional pension.  However the Chief Constable refused to make payments of this pension from the date of his retirement in 2005.

Mr Kelly, supported by the Police Federation, appealed to the Crown Court to secure his “back pay” and won in 2018.  The Chief Constable challenged the decision of the Crown Court in the High Court but, in a judgment handed down on 6 February 2020, the Chief Constable’s challenge on the backdating issue failed.

The Chief Constable was refused permission to appeal to the Court of Appeal.  He could still try to appeal by asking the Court of Appeal for permission but, absent such an appeal, the law now appears to be clear on these points.

UPDATE: We understand that South Yorkshire Police are now appealing this decision.

**

David Lock QC represented Mr Kelly before the Crown Court and in the High Court, instructed by Slater and Gordon.

Kelly

Ian Draper of Draper Vehicle Solutions Ltd, sponsors a vehicle for IODPA

Ian Draper of Draper Vehicle Solutions Ltd, sponsors a vehicle for IODPA

Thanks to the generosity of Staffordshire entrepreneur, Ian Draper of Draper Vehicle Solutions Ltd, Brentwood, Staffordshire, we have taken possession of a sponsored vehicle, which will greatly assist IODPA to continue to support injured officers.

The vehicle was received on the charity’s behalf by our patron, entertainer Pete Conway, better known as the father of the famous singer, Robbie Williams. Pete said “I am very grateful to Ian, of Draper Vehicle Solutions, for his support to the charity to which I am Patron. Injured officers who have lost their vocation, leave with ongoing physical and mental health problems and often feel isolated and abandoned by the society they served. This vehicle will allow the charities volunteers to support those in need throughout the UK.”

Ian Draper, Director said “Our deliveries side of the business has grown over the last 5 years with the support of a number of retired police officers, so I am absolutely delighted to be able to give something back. I have the greatest respect for the Police who have a tough / near impossible job in the present climate.

We are am grateful to Stephen Rice at Robin & Day Citroen North Birmingham for the fabulous deal, Matt Nation at Personalised Nation, Burntwood for the car sign writing, and Natalie Draper, general manager of classy Lichfield bistro, 55 Wade Street, for hosting the hand over event.

Please contact Ian if you are considering leasing a vehicle as he has expert knowledge, competitive rates, and a great range of vehicles with huge discounts available as a result of manufacturer’s over production.

 

Draper Vehicle Solutions
Website: www.idfsuk.co.uk
Facebook: Draper Vehicle Solutions
Email: ian@idfs.co.uk