newsflash

Independent report published into allegations regarding former police doctor – Avon & Somerset Police

Independent report published into allegations regarding former police doctor – Avon & Somerset Police

“Anyone requiring a police medical examination held on police premises by a police doctor should have had an expectation of being safe. It is clear that the conduct of some of these medical examinations fell well below this standard.~Deputy Chief Constable Gareth Morgan

Operation Hay Independent Investigation Report
Operation Hay Avon & Somerset Police Response
Independent report published into allegations regarding former police doctor – Avon & Somerset Police

Toxicity travels: NAMF rebrands as NWEF

Toxicity travels:  NAMF rebrands as NWEF

It takes a lot more than a change of name to restore the reputation of a damaged brand…

Suppose you are eager to move forward with your determined but illegal mission to undermine secondary legislation but your plans have been hit by a series of serious high court losses.

Not only illegality, but also  a spectacular juxtaposition of incompetence and malevolence on your part, mixed with gross lack of judgement. Plus hubris. And arrogance. And sheer bloody-mindedness.

What are your options here?  Do you:

a) Learn from your errors and seek to quietly, but determinedly, rebuild your group’s reputation?
b) Put your group’s  ambitions on hold and invest in some capability-development training?
c) Simply change the name of your clandestine organisation?

But … a successful rebranding involves overhauling the goals, message, and culture – not just changing a name.

Unfortunately, it seems like Lesley Ann Knowles, the chair of NAMF  NWEF didn’t get the memo.

The Chair announced she had chosen the new title for the group from suggestions previously discussed and provided to her. The new name of the group being National Wellbeing and Engagement Forum (NWEF). A discussion was held around whether using the word engagement in the title of the forum may cause confusion. However it was agreed by the group that without engagement wellbeing may not be achieved, since effective engagement being important to receive and act upon the voice of the workforce.

Wellbeing‘ & ‘Engagement‘… Blurgh!!

Should be ill-being & alienate. NAMF has chosen to rebrand themselves with a new acronym, the words of which mean the opposite to their true objective.  Words they’ve pulled straight out of the psychobabble and buzzwords prevalent in HR jargon.

Read their December 2016 minutes here:  [toggle pages with bottom left arrows]

Update – Young Judges Win Employment Tribunal

Update – Young Judges Win Employment Tribunal

We recently posted that the Ministry of Justice (MoJ) discriminated against younger judges by forcing them to leave their final salary scheme while protecting older judges.

View at Medium.com

The ruling, which confirmed there had been age, sex and race discrimination, could cost the government up to £118m. The case could also have knock-on consequences for both public and private sector.

The ET judge made this conclusion (page 36 of the judgement):

Conclusion

125. By reason of the transitional provisions contained in Part 2 of Schedule 2 to the Judicial Pensions Regulations 2015 made by the respondents, the respondents have treated and continue to treat the claimants less favourably than their comparators because of their age. The respondents have failed to show their treatment of the claimants to be a proportionate means of achieving a legitimate aim.

Employment Judge S.J. Williams

Read the full ET transcript here mccloud-v-moj.pdf

 

 

 

Defending the Indefensible

Defending the Indefensible

During the festive period we didn’t waste valuable Quality-Street-eating or telly-gazing time.  Our investigative columnist was simultaneously scoffing chocolates and watching Dr Who whilst trawling our archives.

We’ve dusted off a letter from Julie Spence, the former Chief Constable of Cambridgeshire.  As a Chief Constable she made the extraordinary claim was that the guidance in Home Office Circular 46/2004 was mandatory – that she had no choice but to reduce those over 65 years of age to the lowest award and zero percent disability because:

that it is not our job to pick and choose the regulations that we will apply and the ones we will ignore

In a letter written to the local NARPO magazine, Spence was attempting to justify her position, allegedly based on ‘legal advice’ she impudently claims, that the Home Office Guidance that said those over 65 years of age have no capacity to earn was compulsory and it is a cruel irony of life that people are complaining given she is just doing the good the work of restoring order from chaos.  Apparently.

Here’s the full letter.  Also you can find the text of the letter at the bottom of the post.

Nowadays Notts, Merseyside, Avon & Somerset and Northumbria are currently all following the rule of Spence.  Argue black is white and claim what they force upon disabled former and serving officers is mandatory.  When it clearly is no such thing.

You might care to bear in mind that Julie Spence has a law degree, which would lead one to presume she should have known full well the true status of Home Office guidance, and if she was in any doubt about the status of HO guidance she had a telephone on her desk which she could have used to call the HO for clarification.

Instead she decided to follow the same nonsense spouted by force solicitors such as Northumbria’s Nicholas “all SMP’s are judges” Wirz and Avon & Somerset’s Daniel “we can only imply threats to suspend awards” Johnson.

In March 2010 she announced her retirement following repeated challenges over her claim and a matter of days after the Home Office advised all forces to suspend reviews – a clear signal of admission that the guidance she insisted was ‘mandatory’ was in fact unlawful.

The unlawfulness of the guidance and the primacy of Regulations was reaffirmed in the Ayres Pension Ombudsman decision, and the judicial reviews of Crudace, Simpson and the consent order made in Slater.

So the next time some HR Director says they have ‘taken legal advice’, just remember, as far as the quality of the advice goes, they would’ve been better off talking to the coffee machine.

letter from our Chief Constable:  

Dear Mr MaCallum  Congratulations your new role as Chair- man of Cambridgeshire NARPO.

I am sorry that my first letter to you as Chairman is one in which I feel I  express my disappointment.

I read with some surprise David Blake’s  goodbye message contained in the April  NARPO newsletter, and the criticism of me  that I “remain intransigent”. I am concerned  that this gives your members totally the  wrong impression.

If by this it meant that I am bound by  statute, regulations or mandatory Home  Office guidance on the issue of the payments of injury awards, then I am.

If it means that I Will not tax-payers  money where I do not have the authority to  do then I agree.  

If it means that I Will listen , that I am  not prepared to explore avenues that others  have progressed, or that I do not appreciate  or understand all view points on this issue  then I reject the criticism.  

As Police Officers each one of your  members understands, or should under-  stand, that it is not our job to pick and  choose the regulations that we will apply  and the ones we will ignore.  

Sometimes we have to make tough choices  about the action we take. As a public  service, this is what is expected.

NARPO have asked me to look at options  that other forces have used, and I have done  that. I have sought legal advice to explore  the extent of duty and authority that exists.  Further I have sought and received advice  about Home Office Guidance that NARPO  had advised allows discretion, and been told  very clearly that it is mandatory.  

I do not call this call this intransigence.  I call this living with reality. It is a reality that should  have been gripped several years ago and the  fact that it was not is yet another symptom  Of the fact that Cambridgeshire for  many years a failing Force.  

It is One Of life’s cruel ironies that we turn  on individuals who try their best to restore  normal good performance. In fact NARPO  would be better directing their criticism to  those who were part of the system that  allowed that dreadful mess to be created in  the first place.  

I also need to let you know that despite what been written, every officer who  retires from Cambridgeshire Constabulary  may have a meeting with me. Many people  take up this opportunity, a small number  choose not to – that is their choice. If in the  future you want to check what the current  policy in the force is, please feel free to  phone my office and my staff will endeavour to provide all the help you need.  

We need to work together and have an  dialogue, even over the tough times, where  we have to agree to disagree. said, I  truly do forward to supporting  NARPO and would be grateful if you could  rectify any misunderstandings your  members may currently have about the  force. If it would help please print this  letter in any upcoming newsletter.  

Julie Spence OBE Bed LLB MA MBA  Chief Constable

 

Introducing Our Live Feed of UK Employment Appeal Tribunal Case Law

Introducing Our Live Feed of UK Employment Appeal Tribunal Case Law

Happy new year to all our readers!

Under the Equality Act 2010 (Specific Duties) Regulations 2011, police forces are listed bodies (under schedule 19) and are required to comply with the non-devolved general and specific duties under the Equality Act 2010 (EqA). The Court of Appeal has clarified that protection against victimisation contained in the Equality Act can be extended to former employees.

In preparation of our 2017 series focusing on disability discrimination law, we are proud to publish another live connection to the British and Irish Legal Information Institute website.

The new Disability Discrimination EAT Caselaw menu item can be found on the right sidebar:

You will see each Employment Appeal Tribunal case (and new ones as soon as they are published) defined as relating to the Police (either as the named party in the case or referenced by the Judge as relevant to the law as established by the outcome of a former case).

The above search of bailli.org using the terms ‘disability discrimination‘ AND ‘chief constable’/’commissioner of the Met‘ (as at 1st Jan 2017) returns 422 results for EATs.  A  cursory straw-poll of the results shows that 31 cases directly relate to a Police force as a named party in the title of the appeal – so 7.3% of these listed disability discrimination EATs directly involve a police force and the rest involve other employers where the judges have use the legal precedents found in the police related EATs or their subsequent Court of Appeal hearing.

This frequency shows a revealing characteristic of how UK police services apparently fail in their obligations to the EqA given the appeal tribunals they defend are regularly quoted in otherwise non-police disability discrimination court proceedings.   Evidence of deep institutional failure or are forces the unfair victims of vexatious complaining? If the outcomes follow the same pattern of the judicial reviews, the majority of which are found against the police pension authoities, the former is more probable.  We intend to put a meaningful measure to the EAT results.

Is horrendous treatment of those applying, or with an injury award, a proportionate means of achieving a legitimate aim?  Is the aim legitimate and are there no less discriminatory ways of achieving it?   Can police forces admit to discrimination but hide behind the defence of saying it is objectively justified?

Over the coming months we will try to answer these questions and explain in easy terms how these cases relate to those with, or applying for, injury awards.

 

Money Trail

Money Trail

We recently exposed that Dr David Bulpitt has been tasked to review all the victims of an ongoing criminal inquiry:

It was agreed that DBu would review all of the names that are on the Op Hay list to see if they had been given an illegal/incorrect award as a result of being seen by the individual who is currently subject of an investigation.Avon & Somerset OH Review meeting 23rd October 2015 Minutes

We also know that Dr Philip Johnson has been named as ‘working’ on Operation Hay.

johnson-op-hay

It is safe to assume from this email that Bulpitt further instructed Johnson to do the work.  So how much money has the SMP, Dr Philip Johnson been paid?

We’ve looked at the figures published on the Avon and Somerset PCC Openness Spend-over-£500

This only goes up to August 2016.  But we can calculate the missing monetary amount with the answer from this FOI request:

Since 1st December 2015, how much has Avon and Somerset Constabulary paid
to selected medical practitioners contracted to conduct reviews on injured
on duty retired police officers? Please give the exact figure to today’s date with the number of days/hours  worked.

The expenditure for selected medical practitioner is currently recorded as  £74,220. The number of days is recorded as 46 days.https://www.whatdotheyknow.com/request/costings_4#incoming-892664

From Dec/15 to Aug/16, the PCC shows a total expenditure to Dr Johnson (he invoices his work through his limited company of Sarum Occupational Health) as £54,600.

So this means Sep/16 and Oct/16 saw an expenditure of £74,220 – £54,600 = £19,650.

We’ve combined both months into one column in this chart that shows, by month, all the money that Dr Johnson has received from Avon & Somerset police.

cost-sarum

For almost two years Dr Johnson, whilst conducting the pilot review program, did not invoice anymore than £7200 with a monthly invoice average of £5,193.

Then suddenly, once seven months had elapsed from the action log of the 23rd October 2015 OH review meeting – perhaps the same time it takes to review all the medical files of several hundred people – Dr Johnson bills the force £10,800, £17,820 and then over the two months of September and October 2016, £19,650.

Since August 2014, this is a total of £120,887.

£48,180, which is 40% of this total, was billed between June 2016 and October 2016.

 

 

NAMF’s Northumbrian Mafia

NAMF’s Northumbrian Mafia

A quick update from the dark-suited, shadowy world of the National Attendance Management Forum (NAMF). November 1st sees the start of the Mexican Día de los Muertos (the Day of the Dead), so is a suitable date to publish NAMF conference minutes.

NAMF is nothing more than a vehicle for certain elements to put into practice “entryism”. Entryism (or entrism [1]) is a tactic in which the members of an organised group conspire to secretly join a larger organisation en masse, with the intention of changing the targeted organisation’s policies or actions. The NAMF contains a hard core of people of ill intent, with the others there to give an appearance of legitimacy and to be led like sheep by the inner circle. Read more about NAMF here



The June 2016 minutes state that “Don” Chris Rowson, Head of HR at West Midlands Police, has left his position of chairman of NAMF.
namf-june18
Northumbria Mafia have pulled off a coup. The new Don Chair is Lesley Ann Knowles, Head of HR for Northumbria Police, with Steve Mitchell of Notts HR as Vice Chair.

Mitchell has form in the maladministration of injury awards.  Along with the late Dr Ralph Sampson, he was the co-host of their rather despicable ‘all about the money‘ PowerPoint presentation performed to delight some cherry-picked NAMF delegates about the Notts mass review program.

It’s rather ominous that the new chair comes from the force with the most judicial reviews in recent times … Crudace, Simpson and Haworth were all High court decisions won against Northumbria and it’s solicitor Nicholas Wirz by disabled former officers.

Northumbria is a well known pit of despair and they now are the “Boss” of a cloak-and-dagger national cabal – a secret society that, even after a ‘search’, the Home Office has pretended they have no knowledge of it.   Gulp!

Could it be that Health Management Limited (HML), the firm with the Home Office contract to run PMABs, no longer wants any part in NAMF because of those in charge can’t help themselves to muck things up?

namf-june16-2

The above extract also from the June 2016 NAMF minutes show that HML will no longer be attending NAMF conferences.

Of course, the burning question is why is it that the commercial company which has the current contract to run the PMAB hearings has only just realised that sending their employees to NAMF raises the conflict of interest for HML’s reputation for integrity, independence and contractual requirement for high standards, or may be reasonably perceived to do so.

A sure sign that NAMF is careening off a cliff is when high-level staff start fleeing the sinking ship and begin to go back to their day job or even into business for themselves (e.g. former TVP Head of HR and NAMF delegate Chris Sharp).

With Northumbria in charge, NAMF is in such terrible shape. Those going to the Tally Ho! conferences, seeking the elusive gold-standard best practise, will soon realise they won’t find it there and are in fact being misled by the false prophets of Wirz and Lesley Ann Knowles.  Like Mr Rowson, Mr Sharp and HML, they’ll also begin to plan for their own futures by disavowing themselves from the previously cosy NAMF relationship.

 

I, Daniel Blake

I, Daniel Blake

A new Ken Loach, Palme d’Or winning, film  stars actor Dave Johns who plays Daniel Blake, a 59 year old carpenter who finds himself unable to work in the aftermath of a heart attack.  1984 meets uncaring, capitalist Catch-22

Having suffered a heart attack at work, Daniel has been instructed by doctors to rest. Yet since he is able to walk 50 metres and “raise either arm as if to put something in your top pocket”, he is deemed ineligible for employment and support allowance, scoring a meaningless 12 points rather than the requisite 15.

Constant employment for forty years means nothing as he has to navigate his way through the Kafkaesque impersonal benefits system.

The similarity to a SMP ‘assessment’ is stark.  We don’t want to say Daniel Blake’s plight is exactly synonymous with those with, or applying for, an injury award – whether being reviewed or not.  The juxtaposition is the base medical pension is always there … there are exceptions, but those medically retired from the police usually aren’t users of food banks.

What is the same is the  cruel system that pushes those caught up in its cogs to breaking point.

The real Daniel Blakes …

 

Contrasting Medical Reports

Contrasting Medical Reports

Are you sure the report, the one the selected medical practitioner disclosed to you about your  permanent disablement and degree of disability, is the only report in existence?

Could there be another report out in the wild? Did the force actually receive the ‘true’ copy?

Maybe this second report was never intended for your eyes to see.   This hidden report is how the Human Resources director dreamt it to be.    Flawed, corrupted, damaged by the fevers, intoxication, hate and unforgiveness of it’s SMP author.  The report you never get to read tells the story of what the doctor truly thinks about your medical condition – how little your earning capacity is affected; how he doubts your symptoms.

Such deviousness has a precedent.  In July 2016 The High Court granted insurance company LV= permission to bring committal proceedings against solicitors from a defunct law firm after two contrasting medical reports emerged in a road traffic case they were handling.

Her Honour Judge Karen Walden-Smith, sitting as a High Court judge,described the differences between the two reports – one served on the insurer and the other included in the trial bundle – as “stark”.

http://www.bailii.org/ew/cases/EWHC/QB/2016/2590.html

  1. The contrast between the two reports is stark. In the report disclosed with the claim, Mr Iqbal had suffered whiplash injuries to the neck and to the wrist, with a 6-8 month recovery period; whereas the report included in the bundle sets out that Mr Iqbal had mild pain and stiffness on the day of the accident but the symptoms, due to a whiplash injury, resolved 1 week from the date of the accident. The diagnosis of a whiplash injury to the wrist does not even make sense.

How does this relate to Police Injury Awards you may well ask?

These minutes from a Thames Valley Federation meeting suggest not only does this practice happen to retired police officers, but a senior HR manager recently resigned because his involvement in this intentionally and consciously performed misdeed was found out.

On page four there’s this quote:

IHR’s
It remains challenging to secure IHR’s as officers are increasingly asked to explore alternative treatment options. It has come to light that in some cases and at the instruction of the force legal team, that some officers seeking IHR but who have active or potential legal claims against the force, are having detailed capability reports prepared by the SMP, withheld. The force through the CHSS* have indicated that this practice has only been adopted in the last half a dozen cases. The CHSS has provided the full reports upon written request by officers. Haven Solicitors are coordinating the investigation into this practice and JW has made PFEW aware of this practice through the National General Secretary and Martyn Mordecai. Chris Sharp has resigned his position as CHSS, in part on the back of this nonregulatory practice. He will leave us in October.

[*Head of Corporate Health & Support Services]

So just like the contrasting medical reports in the 2016 LV= case,  Chris Sharp the Head of Corporate Health and Pensions Manager at Thames Valley police seemingly commissioned and then withheld capability reports, resplendent in greater sensitive medical detail than the ‘other’ report, from the former officers.  This was performed with the blessing of the force’s legal services department.

And he has resigned as a consequence.

If this is true then the SMP and Thames Valley may have fallen foul of countless pieces of legislation from the Data Protection act to the Access to Medical Reports Act.

In the LV= court case Counsel was perturbed by the existence of two reports.  Counsel was clearly concerned that there was a deliberate alteration of the report to put forward a stronger case for damages.

In The Police Injury Benefit Regulations the qualified medical authority is asked to provide ‘A’ report.  Not two.  Not a ‘certificate’  A Report.  Singular.

Is it the case that Thames Valley has been using the existence of two reports to ‘put forward’ (read bias) the case to reduce the award banding?  And by not disclosing the report benefiting by handicapping any future appeal?

No, surely not…  it surely can’t be that the administration of injury awards is that rife with corruption!  (ahem)

 

Former Met Officer wins UPP Tribunal Appeal

Former Met Officer wins UPP Tribunal Appeal

A disabled police officer has won an Employment Appeals Tribunal (EAT) disability discrimination case against the Metropolitan Police after he was told to return to work despite medical evidence saying the enforced return was impossible.

Mr Finlay Buchanan had been absent from work for eight months when the Met began to take steps under a procedure which bears the name Unsatisfactory Performance Procedure (“UPP”).

http://www.bailii.org/uk/cases/UKEAT/2016/0112_16_3009.html

“Mr Buchanan is a trained police motorcyclist.  He was assigned to the Diplomatic Support Group in 2002.  On 21 December 2012 he was involved in a serious motorcycle accident while responding to an emergency call.

The accident was not his fault: the brakes on his motorcycle failed.  He made a good recovery from his physical injuries.  But he developed serious post-traumatic stress disorder.

By April 2013 he was a disabled person for the purposes of the Equality Act 2010 and by May 2013 the Metropolitan police knew or could reasonably be expected to know he had the disability.  He has never been able to return to work.

At the time of the Employment Tribunal hearing in July 2015 medical retirement was under consideration.  That medical retirement has now taken place.”

The original 2015 Employment Tribunal (ET) unanimously held that the steps to force Mr Buchanan to return to work by implementing the UPP amounted to unfavourable treatment because of something arising from the Claimant’s disability.

But the 2015 tribunal found that the unfair treatment was justifiable  under section 15(2)(b) Equality Act 2010 that allows for a proportionate means of achieving a legitimate aim.  In other words, because they concluded that, as the UPP was administratively correct in it’s over-riding procedures, the application of it had a defence of justification.

However the  ET also accepted that the various items of treatment were because of something arising from the Claimant’s disability and that one member of the panel Dr Moher dissented to the ‘justification’ defence.  He argued that the justification defence must extend to the actual treatment.  He found that the defence was not established.  He said that alternative steps of extending the improvement notice or setting ill health retirement procedures in train should have been adopted.  The process was driven by a mechanistic desire to push on through the formal procedures.

The 2015 ET decision was quashed in this EAT by His Honour Justice David Richardson.

The judge said that the Met’s HR officers did not appreciate the extent of their powers under the Regulations or their discretion under the policies.  He also dismissed the relevance of the case law (Seldon v Clarkson Wright & Jakes) that the Met relied upon saying it would only rarely be applicable to disability discrimination cases.

This EAT case makes it clear that HR managers should not robotically follow UPP procedures and should not blindly use policy when it is not appropriate to do so.

The question will always be whether it was proportionate to the Respondent’s legitimate aims to take a particular step under the UPP.

In making that assessment it is of course relevant to take into account that Parliament has laid down a procedure to be followed before an officer can be dismissed on grounds relating to capability; so long as it is also appreciated that neither Parliament nor the Respondent’s own policies require a mechanistic application of the procedure.

It is also relevant to take into account the impact of applying the procedure in a particular way on a particular officer.  I would, however, caution the ET to make careful findings as to the Respondent’s aims;

I think the policies show they may have been more sophisticated than simply “to move in stages towards either a return to work or dismissal”.

 

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...