newsflash

Employment Judge Rules That The Equality Act Applies To Injury Awards

Employment Judge Rules That The Equality Act Applies To Injury Awards

Northumbria Police has  failed in its attempt to strike out a disability discrimination claim against a former officer with an injury award who Northumbria wanted to continue a review under Regulation 37 despite the former officer being sectioned in a mental health institution.

In perhaps the first judgement in employment law concerning the Police Injury Benefit Regulations, Employment Judge A M Buchanan (sitting alone) has ruled that the Regulations are an occupational pension in relation to the Equality Act 2010 (EqA).  Northumbria Police tried to persuade the court to dismiss the claim without a full hearing of all of the evidence on the basis the tribunal had no jurisdiction.

The immediate consequence is that Section 61 EqA is a gateway that allows discriminatory action to challenged in an Employment Tribunal, when it occurs in the administration of injury awards.

Judge Buchannen said;

I consider there is every reason why a nondiscrimination rule should apply to the Scheme. It is a scheme which clearly provides benefits in the nature of a pension

And he continued that the only forum to seek redress for such matters will be an Employment Tribunal;

I conclude that the matters which are sought to be litigated in these proceedings are not matters which fall within the jurisdiction of the Administrative Court of the High Court or for that matter the Crown Court. The claimant does not seek to challenge the process per se but seeks to have a Tribunal adjudicate upon whether or not in doing what he has done the respondent has breached the provisions of the 2010 Act in the way he has carried out his duties.

The claim can now proceed to full trial.   If Northumbria appeal the preliminary judgement then it will be heard before an Employment Appeals Tribunal and become a stated case. The full judgement can be read below:

Mr DJ Curry v The Chief Constable of Northumbria Police: 2500281/2017 – GOV.UK

Employment Tribunal decision.

Grand Prize Draw Winning Tickets

Grand Prize Draw Winning Tickets

Our most heartfelt thanks to all our supporters who participated in our “Grand Prize Draw”.  With a huge amount of hard work and your generosity, we  have raised approximately £6130 !!

Those lucky winners unable to collect their prize in person will have it sent to them.  Please give us 14 days to sort out the logistics.

Here is the full prize list and the winning ticket for that prize:

Prize Winning Ticket Number
2 Nights B&B Old England Spa 5999
Bottle Shoulder Monkey Whisky 12627
£20 dining Voucher 19862
Painting by the “animal artist” Andy Bibbins (illustrator for Rick Stein’s tableware)  9691
£50 M&S voucher 7153
Signed Book “A Job with Bite” 2290
Knot Board 731
Makeup Gift Set 5048
Necklace 4545
Purse 5608
Bottle of wine 5513
Makeup Gift Set 214
Teddy 14269
Bottle of Wine 5324
£20 Green King voucher 18444
Spa Hamper Gift set 14620
£20 dining Voucher 7169
Wine Selection 10807
2 Nights B&B in the Quantocks 12580
Bottle Old Pultney Single Malt Whisky 11067
Jewellery Set 5986
Pizza Express Meal for 2 voucher 2131
2 tickets British Motor Museum 1070
£40 Hotel Chocolat Voucher 18889
Bottle of Gin 1811
Autographed Phil Taylor T-shirt 9409
Bottle of Parachute Regiment Port 13522
£20 Restuarant card (Belle Italia) 10293
Sandy Twigg Memorial Price £50 UK wide garden centre voucher 169131
Car Dash Camera  16731
Bottle of Glen Moray Gin 2696
Knots presentation board 6411
£50 Carluccios restaurant voucher 16828
5 port desktop network switch 7612
£25 Odeon voucher 14068
Bottle Famous Grouse Whisky 1860
£25 Joh Lewis voucher 18766
2 nights B&B “old england” spa hotel Lake District 5999
Bottle of Shoulder Monkey Whisky 12627
£20 Mitchel & Butler diners card (Harvester etc) 19862
Three Paintings by A. Reid 14491
£20 Green King voucher 9574
Lancome Tresor ladies perfume 3269
£30 Amazon voucher 18502
Painting “A Winter’s scene” 7645
£25 Odeon voucher & £25 Restuarant voucher 646
Polaroid Compact Camera 373
1881 Cerruti Ladies perfume 8953
Assorted Wines 18302
£30 M&S Voucher 13098
Bottle of Noa perfume 4845
Bag of cosmetics 1822
Bottle of Famous Grouse Whisky 819
Bottle of Famous Earl Whisky 14111
£25 Argos voucher 3764
Bottle of Tanqueray Gin 5765
Bottle of Grants Whisky 4470
Basket of mixed alcohol 415
Bottle of Champagne 11067
Set of jewellery 2877
Set of jewellery 18586
Bottle of Jamesons Whisky 11373
Knot Board 8831
Rugby clock 3523
Knot Board 14176
Knot Board 8995
Makeup Gift Set 10592

 

 

 

 

Coming Soon: Crowd Funding to Help Those Injured on Duty

Coming Soon:  Crowd Funding to Help Those Injured on Duty

Our www.CrowdJustice.com case
Justice for Police Officers Injured On Duty

Disabled, vulnerable former police officers who were injured in the performance of their duty are facing gross injustice in regard to their pensions. Some police forces are determinedly flouting the law. They are bullying and threatening pensioners. They are demanding access to medical records from birth, which is unlawful. They are threatening to take away the pensions of those who do not comply. That too is unlawful. These abuses are only the tip of the iceberg.

Our campaign is to raise funds to allow expert solicitors to fight these injustices. We need to get the courts to order these rogue forces to comply with the law.

Haven Solictors’ legal victory over Merseyside Police, on this very issue, is being deliberately ignored. Staffordshire Police is trying to twist the law by saying that if a pensioner attends a medical examination arranged by the force but does not also give permission for the doctor to access medical records from birth then they will reduce the amount of pension paid – regardless of the individual’s medical condition.  This is absurd.

We need to raise funds to start to fight the injustice.

Police forces can, and do, spend unlimited amounts of public money to attempt to defend their misconduct. Elderly, disabled former police officers on limited incomes can not afford to hire solicitors to help protect their pensions.

A full press release will be circulated when the campaign goes live at 8am Friday 29th September.

[wpcdt-countdown id=”8160″]

CrowdJustice – Crowdfund public interest law

CrowdJustice is a crowdfunding platform that enables individuals, groups and communities to come together to fund legal action. Using the power of people to create change!

 

 

 

Introducing Our Live Employment Tribunal Search Feed

Introducing Our Live Employment Tribunal Search Feed

Following  our Employment Appeal Tribunal (EAT) live feed we are pleased to announce another step in our quest to be the authoritative source of all injury awards information.

As of February 2017 recent Employment Tribunal judgements can be accessed via GOV.UK at https://www.gov.uk/employment-tribunal-decisions.  We have created a RSS feed to this database to extract decisions involving police forces that will be updated automatically as decisions are added.

EATs have always been published on the British and Irish Legal Information Institute (BAILII) but anyone wanting to search or browse employment tribunal decisions had to attend in person at offices in Bury St Edmunds for English and Welsh decisions, and in Glasgow for Scottish decisions.  Employment tribunal judgements are first-instance decisions and are not binding on subsequent cases.

However, decisions often provide a detailed account of the facts in a case, which can incentivise parties to settle rather than risk bad publicity. Judgements can also provide helpful examples of how tribunals deal with legal issues and fact situations

You can find the link on the right side bar under Case Law:

Not all decisions will be matters concerning the Equality Act and disability discrimination but you will be able to see patterns from certain police forces as repeated respondents.  We will blog about pertinent cases that overlap into injury awards and ill-health retirement.

Our Charity Number is 1174473

Our Charity Number is 1174473

Injury On duty Pensioners Association has just received registration status from the Charity Commission and is now a Charitable Incorporated Organisation (CIO) with a Registered Charity Number 1174473

A CIO is a charity which is also incorporated. In law it is recognised as a legal entity. The trustees benefit from having limited liability. An Association CIO model means our membership has voting rights that can help determine the direction of IODPA.

Charities are recognised publicly as being for the wider good (not just the good of their own members). Being a charity gives us that public recognition.

The existence of IODPA – there to help those injured on duty – is a distinct realignment.   We do not exist to absolve chief constables in providing welfare and a safety net, but because chief constables have failed to provide.  The charity of our members, those themselves injured on duty, needs to take over where the ability of the police service to look after its injured has failed.

We hope to not work in opposition to chief constables but in conjunction with them, to tell them what needs to be done for the public benefit by supporting those injured on duty.  A hard task when some chief constables block our message on social media, but not an impossible one.

IODPA would like to thank its members and supporters to allow us to get this far.  This is the start of something new.

 

 

NWEF Conference falls victim to lack of attendees

NWEF Conference falls victim to lack of attendees

National Wellbeing & Engagement Forum – NWEF (Formerly NAMF)  June 2017 didn’t happen!

A brief trawl of the Foreign Office’s travel advice for HR types thinking of paying a visit to Newcastle City Centre Police Station, Newcastle Upon Tyne Friday 9th June 2017 at 10am probably didn’t warn people that’s it’s not the best idea to attend a NWEF conference hosted by Northumbria police – with the ever present threat of catching a serious infectious disease which, once it has control of a person, causes them to spew forth incoherent babble from the bowels of the voicebox.

National Wellbeing & Engagement Forum – NWEF (Formerly NAMF) JUNE 2017 – a Freedom of Information request to Northumbria Police

Please provide full disclosure of the following: National Wellbeing & Engagement Forum – NWEF (Formerly NAMF) – Northumbria Police The meeting was held Friday 9th June 2017 at 10am, Newcastle City Centre Police Station, Newcastle Upon Tyne.

Of course, we don’t think the the meeting was cancelled due to a contagious lurgy.  All HR minions love to go on an extravagant all-expenses paid junket.  So why didn’t the June 2017 NWEF-fest go ahead?  Apparently no-one wanted to go!

In response to your request above, The National Wellbeing and Engagement
Forum (NWEF) meeting scheduled for June 2017 was cancelled due to the
limited availability of members.Northumbria Police Data Protection and Disclosure Advisor

Perhaps the acolytes of Wirz are becoming disbelievers…

 

 

 

Pension Ombudsman Update Summer 2017

Pension Ombudsman Update Summer 2017

Welcome to our new Pensions Ombudsman Update. These updates are designed to help you get to grips with the Ombudsman’s thinking, to keep track of decisions on matters concerning police and fire service injury awards and non police related injury benefit schemes and to identify underlying trends.

Published in our “news” section, we will try to summarise the interesting decisions of the past three months or so.

John Lewis Partnership Pension Scheme (PO-11695)

Mr N has complained that the Trustee did not take the decision to cease his ill health retirement pension in a proper manner. In particular, he considers it placed too great a reliance on the advice from its own occupational health physician and did not give reasons for preferring her advice.

In PO-11695 Mr N (17 May 2017) the JOHN LEWIS PARTNERSHIP scheme trustees decided (having used the Trustee’s occupational health physician, Dr Eraneva, to consider medical evidence) that the member’s ill-health pension should be suspended as his condition was not permanent, despite the trustee having decided in 2009 and 2012 that it was. The Ombudsman’s Adjudicator was unable to find evidence of any change in the member’s condition or proposed treatments since those assessments.

The decision made it clear that there is an underlying principle that a pension, once in payment, was payable for life. A natural reading of the John Lewis scheme rule provided discretion to vary, suspend or reinstate pension was one that looked for a rational basis for change. The trustee did not apply its mind to the specific question of whether it should remove the existing entitlement, but took an approach akin to requiring the member to make a fresh application for an incapacity pension. This was maladministration and the trustee was directed to re-consider the decision to suspend the pension.

The Deputy Ombudsman accepted that the John Lewis scheme did not have to continue to pay an incapacity pension if this was no longer justified, but the trustee had to be able to point to a change in the member’s circumstances. The discretion to suspend was not an opportunity for the trustee to change its mind or interfere in its predecessors’ decisions.

Mr N stated that the Trustees placed too great a reliance on the advice from its own occupational health physician (Dr Eraneva) and did not give reasons for preferring her advice.

Whilst saying that it is not the role of the Ombudsman to review the medical evidence, the Deputy Ombudsman said;

but I also have reservations about the standard of proof applied by Dr Eraneva

Our Comment

The John Lewis scheme is a discretionary scheme whereas the police injury benefit Regulations are a statutory scheme. This is not the first time that the Pension Ombudsman has been guided by a purposive view of scheme rules dealing with ill-health. In PO-9309 Mrs R (10 June 2016) the Ombudsman opined that the starting position, where an employer had a discretion to pay a discretionary ill-health enhancement, should be to pay it.

All too often, because of the influence of NWEF , the selected medical practitioners used by police forces consider themselves as quasi-judicial and supposed “judges of fact”.

In fully upholding Mr N’s complaint, the Pension Ombudsman is showing a pattern that the views of the scheme’s own occupational health doctor do not trump the person’s own clinicians.  This is inline with previous decisions, such as the ill-health early retirement of Mr Y (PO-13059) when it was found that the employer’s flawed decision over-relied on its own medical advisers’ opinions.

 

 

 

Staffordshire DCC Baker’s questionnaire claim backfires

Staffordshire DCC Baker’s questionnaire claim backfires

Oh dear.

If you just read DCC Baker’s statement to Police Oracle, one could be forgiven for thinking that (a) Staffordshire never, ever would dream of doing “a Merseyside” and reducing a person based on the questionnaire’s answers (b) failure to fill in the questionnaire would never, ever mean that your injury award will be suspended or reduced.

Force will not withhold pensions if ex-officers don’t fill in medical forms

Solicitor warned others over the issue last week following legal action against Merseyside Police. A force which asks retired officers who were injured on duty to fill in medical assessments says the information will not be used to withhold pension payments. Staffordshire Police says it only asks for the process to be followed to make their…

DCC Baker has offered a perfect example of  contrary rhetoric.   It’s very interesting to note what has changed on the Staffordshire website since Police Oracle published this story last week.

Let us see how the Staffordshire website looked two weeks ago using our “wayback machine” – FAQs – Injury Benefit Reassessment – Staffordshire Police 18-07-17” taken from Google web cache.  Oh look! Note the threat to suspend the injury award   

You will be given 28 days to reply…
At the end of that 28 days your injury benefit pension may be suspended or reduced to band 1 if we have no satisfactory reply from you

Oh my! A reply will not serve.  Staffordshire will punish you if you don’t reply “satisfactorily“.  Rather ominous.

And how the same page looks as of today 1st August 2017 …

In a brave new world of bunny rabbits and rainbows, you will now be sent a lovely reminder and then only a failure to attend a medical examination may mean a decision is made.  “As thought necessary” isn’t a concept in the Regulations by the way.

Staffordshire was threatening vulnerable disabled former police officers that non-compliance of failing to return the forms will mean a suspension or an automatic reduction to band one.  They got caught.

Now DCC Baker is telling Police Oracle that this is all made up and Staffordshire would never stoop to such lowly, despicable and unlawful practices.

Hmmm … what were we saying about a perpetually shifting succession of imaginative falsehoods?

Breaking News: The Tyranny Of The Questionnaire Ends

Breaking News:  The Tyranny Of The Questionnaire Ends

Haven Solicitors has successfully won a judicial review against Merseyside Police.   Merseyside decided to give in, this is referred to as ‘conceding the case’ and a consent order has been issued.

We would like to extend our sincere gratitude and appreciation for all of the hard work and dedication provided by Ron & Mark at Haven Solicitors.

Haven’s press release:

IODPA has been openly critical of Merseyside’s mass review methods since they reviewed 502 injury pensions in 9 months.

Sometimes we are eerily prescient. We said Merseyside  ripped through the review process by bullying vulnerable people to wrongly having to self-justify their own entitlement to their award under the cosh of threats that their award will removed or suspended if the invented questionnaire is not completed.  The Merseyside questionnaire follows the same format as all questionnaires used in mass review fishing expeditions.

You can read the offending questionnaire here: Merseyside Review Of Injury Award Questionnaire

No person with an injury award shall never be forced to acquiesce to such invasion of personal and sensitive data again.

Full Text:

HAVEN SOLICITORS LTD
Right against Might
Commer House
Tadcaster Enterprise Park
Station Rd, LS24 9JF
DD: 01937 837 708
Email:
Merseyside police abandon unlawful suspension of former officer’s police injury pension, reinstate the pension and pay out legal costs.

Merseyside police have abandoned an attempt to force a former police officer to disclose medical records and fill in a capacity questionnaire in advance of a police injury pension review.

The former PC had agreed to be examined by an SMP and give limited disclosure of relevant medical records to the SMP but refused to hand over all his medical records to the Force or fill in a questionnaire about his health for the Force to review in advance of an SMP referral.

He pointed out that the Force had no legal authority to demand copies of any of his medical records or force him to complete a Force questionnaire.

The Mersey Force refused to back down, claiming they had discussed this approach nationally, and had support ( we assume from the National Attendance Management Forum) to do this. The force then suspended the former officer’s entire police injury pension to try to put pressure on him to disclose medical records and fill in their questionnaire.

The former officer, with Police Federation support, also refused to back down. He instructed specialist solicitor, Ron Thompson of Haven Solicitors LTD. Mr Thompson instructed Landmark barristers David Lock QC and Richard Clarke, who promptly drafted Judicial Review proceedings to challenge this unlawful suspension.

The result was that, just before the Chief Constable was due to file his “Defence”, he backed down and lifted the suspension, The Chief Constable will also pay all the former officer’s legal costs, meaning that the episode will not result in any cost to the former officer or the Police Federation.

Ron Thompson commented on the outcome saying:

“This was an unnecessary and totally avoidable dispute. All the Chief Constable’s staff had to do was to read the wording of the Regulations to see that they had no power to force former officers to hand over medical notes or fill in questionnaires, particularly in advance of any decision to make a referral to the SMP.

The lesson from this episode for Forces is that no amount of misguided “advice” from the National Attendance Management Forum can change the meaning of the words of the Regulations.

Any other Force that tries this tactic can expect to be served with the same type of
legal challenge”
[Ends]

 

IODPA Grand Prize Draw

IODPA Grand Prize Draw

Our Grand Prize Draw October 2017 is now officially open and we are inviting our supporters to participate to be in with the chance of winning a multitude of brilliant prizes!

IODPA Grand Prize Draw Book of 5 Tickets

We’re excited at some of the prizes that we’ve now managed to secure, some of which are listed below.

As we progress with our charitable purpose of providing assistance to retired police officers and serving officers who are in need, hardship or distress who are disabled as a consequence of being injured on duty, we need your support more than ever to ensure that we can continue to support the rights of injured officers.

Every £2 book of 5 tickets sold helps to make a real and lasting difference so enter our Grand Prize Draw today!

Our fully functional internet shop has 900 books on offer. PayPal and credit cards are accepted.  Anyone can register as a customer at the shopping cart.  Members can use their membership login to access the shop.

Access the shop by the above link or navigate to it on the main menu

Good luck!

This group of police force HR managers, occupational health personnel and the odd force solicitor is supposedly concerned in its quarterly meetings with keeping the police workforce fit and well. The clue is in the name - it is supposed to concentrate on people who work. However, it spends time also considering matters relating to disabled former officers. Quite what legitimates this group's interest in disabled private citizens who are in receipt of a police injury pension is a mystery.

The mystery deepens when it is revealed that the Home Office and representatives of the commercial company which has the contract to run Police Medical Appeal Boards, HML, also regularly appear on the list of delegates. The mystery morphs into something smelling of conspiracy when the delegate list is entirely absent of any representative of any of the people whose lives the NAMF seeks to affect. There is nobody from the Police Federation, nor from NARPO, nor anyone from any disablement charity, mental health association, etc. etc. In other words, the NAMF is a one-sided talking shop. Even at that level it is not properly representative of all police forces, for we note that there are rarely, if ever, delegates present from every area.

Those of us with long memories, recollect that the Home Office claimed that it had conducted what it called a 'survey' of all forces, way back in 2004, prior to finalising its unlawful guidance issued as Annex C to HO circular 46/2004. The HO claimed that their survey showed that it was common practice for forces to review the degree of disablement of injury-on-duty pensioners once they reached what would have been normal force retirement age. This is what the guidance said:

'This Guidance is being issued to help ensure a fairer, more cohesive approach to the payment of injury benefits to ill-health retired officers who have reached the compulsory retirement age with their Force. A recent survey found that practice in this area was diverse. Some forces automatically reduced degree of disablement benefits to the lowest banding when this age had been reached - others continued to pay benefits at the same rate until the death of the Officer concerned.'

The plain truth, revealed through Freedom of Information Act requests, was that there never was any survey. The HO later tried to claim that the bold, unmistakable claim made in its guidance resulted from 'round the table discussions' at meetings of the NAMF. Yet nothing even hinting at such discussions appeared in the minutes and the HO could not produce a single scrap of data nor any record or any other evidence to show quite how it had come to the conclusion that some forces automatically reduced benefits to the lowest band at what would have been normal force retirement age.

Shockingly, further research revealed that absolutely no forces, not a single one out of the 43 in England and Wales, had ever reduced benefits to the lowest band at what would have been normal force retirement age, automatically or otherwise. The Home Office was caught out in a blatant lie. It was a lie intended for one purpose only - its actually intent was to give an air of normalcy to the huge change in practice which the HO wished to bring about.

This astounding act by a Government department tells us what the NAMF was then, and remains now. It's objective in so far as police injury on duty pensions is concerned, is to subvert the law of the land. The law cannot be changed retrospectively, so the inner circle work to find ways to unlawfully manipulate it through influencing gullible HR managers, and by training carefully selected corruptible SMPs how to refuse grant of an injury award and how to conduct reviews which reduce the degree of disablement of retired officers.

And so the machinations of the NAMF continue...