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.
The word ‘secret’ on the blog featured picture is conveniently obscured by the text.. This works as a good analogy with explaining regulation 12:
If, within 12 months of an injury on duty, you are totally and permanently disabled so that you are unable to earn any money in any employment, you will be entitled to a disablement gratuity under the provisions of the Police (Injury Benefit) Regulations. • The gratuity is the lesser of (a) five times the annual rate of your pensionable pay on the last day of service or (b) four times your total remuneration during the 12 months ending with the last day of service together with your total pension contributions. • The gratuity is reduced by the amount of any other gratuity payable under the Police Pensions Regulations and takes account of damages or compensation recovered in respect of the disability.
Up to 5 times the last pensionable pay. Quite a substantial monetary figure.
This gratuity is provided under regulation 12 and is rarely known about. The permanently disability isn’t physical disability, it is the disability of earning capacity and therefore includes the mind as well as the body. It is the total inability to earn.
The scandal is that it is never given. People given a 100% band 4 are never told about it by the federation. Those that do find out about are often told they have passed the 12 months and therefore not eligible. Those that apply within the 12 months are told that their 100% disablement of earning capacity is not permanent and so aren’t eligible.
Do you see the paradox? An award of a lump sum gratuity is never given due the hurdles put in place – the police pension authority use a circular argument to deny its application and the federation neglects to inform its members of it and to fight for it on their behalf. There are hundreds of IOD award recipients retired on 100% band 4 awards that should have had the regulation 12 gratuity but were deliberately misled about their entitlement to it.
The permanence can not argued as that it is a defining criteria of an injury on duty award (under regulation 30) BEFORE the degree of disablement is calculated. If the degree of disablement is 100% then the IOD recipient has total disability of earning capacity. Therefore the gratuity should be given automatically – why should the onus be on a claimant to claim given they are suffering a debilitation that amounts to them being totally disabled from earning due to the injury they received in the execution of their duty.
Given that conjecture is prevented as there is a power to review under regulation 37 the decision of entitlement to the gratuity should be given in the here and now. There is no remit to speculate about an improvement – if the 100% remains for 12 months post retirement regulation 12 is applicable. If someone has been a band 4 for years, missed the 12 month window due to maladministration and has never been able to have any earning capacity then regulation 32 may be used to reconsider the entitlement to a regulation 12 gratuity.
PFEW have launched a compensation claim against the Government on behalf of members who were victims of discrimination and suffered any 'injury to feeling' as a result of the changes to members' pensions by the introduction of the 2015 Scheme.
The deadline has been extended to 27th August 2020 and all applications must be in by this date. There will be no further extensions and any applications after this date will not be accepted.
If this could affect you, please read the information on the below links including the FAQs on the PFEW website to see if you are eligible and if you are, please contact your federation office of your previous force to get a link to the application form.
Please share this post so we can reach out to as many retired officers who this may affect.
The Police Federation of England & Wales is launching a compensation claim against the Government on behalf of members who were victims of discrimination and suffered any ‘injury to feeling’ as a result of the changes to members’ pensions by the introduction of the 2015 scheme.
Remembering three Metropolitan officers who were murdered on this day fifty four years ago.
We also think of their colleagues, families and friends today.Remembering Metropolitan Police Officers - Detective Sergeant Christopher Head, T/Detective Constable David Wombwell, and Police Constable Geoffrey Fox. Murdered on duty on this day in 1966 #LestWeForget ... See MoreSee Less
Thames Valley Police Federation Chairman Craig O'Leary: Give the ultimate protection to those who protect us...life must mean life
PC Andrew Harper loved being a police officer.
Today and every day, his Thames Valley colleagues remember him as “Harps”, a brave hero killed on duty doing his job.
On August 15 last year Andrew should have been going home to his wife Lissie and looking forward to a long and loving marriage and a highly successful career.
He stayed on four hours after his shift finished to combat crime. That’s what police officers do.
But on that summer night his life was taken away from him by cowardly criminals who are not worthy of being named.
They should be spending the rest of their lives in jail for their despicable crime. They will not.
And that is why we need an Andrew’s Law, which would see criminals convicted of killing emergency services workers spend the rest of their lives in jail.
The Police Federation of England and Wales — and all our brave colleagues across the country — fully sup- port Andrew’s widow Lissie in her call that anyone killing a police officer, fire fighter, nurse, doctor or paramedic spends the rest of their lives behind bars.
The dangers out there for our policing colleagues, who we represent, are very real.
Police officers go to work each and every day to fight crime and protect the public. But in doing so, every day 84 police officers in England and Wales are assaulted on duty. Punched, kicked, bitten, spat at, driven at by cars, stabbed. And sometimes worse.
More than 30,000 colleagues were assaulted last year, many receiving bad injuries.
Sadly, on very rare and horrendous occasions, a colleague makes the ultimate sacrifice. We know many of their names.
PC Keith Blakelock. PC Sharon Beshenivsky. PC Nicola Hughes. PC Fiona Bone. PC Yvonne Fletcher. PC Dave Phillips. PC Ian Dibell. PC Keith Palmer. PC Gareth Browning.
And now, of course, PC Andrew Harper.
When police officers are killed on duty, then it hits right at the heart of our democracy. We ask police officers to go out there and keep the Queen’s peace on behalf of society.
So society must offer the greatest protection for those who are killed protecting it.
Those guilty of such a wicked and deliberate crime such as killing a police officer forfeit their right to freedom. Those responsible should face the rest of their lives in prison. Those in society who hurt those there to protect us should face the full force of the law and judicial system.
The law must be changed. We must protect the protectors.
In 2013 then Home Secretary Theresa May told hundreds of police officers at the Police Federation Annual Conference that criminals who kill a police officer should automatically face life in prison without parole.
She said: “We ask police officers to keep us safe by confronting and stopping violent criminals for us.
“We ask them to take risks so that we don’t have to. That is why I am clear that life should mean life for anyone convicted of killing a police officer.”
That is as true today as it was then. But seven years on, that has not happened. Nothing has changed.
Those who killed Andrew will be free in a few years, while Andrew’s wife Lissie — as she says — faces a life sentence.
Police officers are pleased to have the public support of the current Home Secretary Priti Patel and Prime Minister Boris Johnson. But we need more than these words. We need action. We need Andrew’s Law.
We need to sit down with the Home Secretary and have a sensible discussion around some of the proposals.
I know the Home Secretary is fully aware of this campaign and my appeal to her would be to come and sit down with Lissie and myself and have this discussion.
Since we lost Andrew, the support we have received from the police family and the public in the UK — and indeed across the world — has been overwhelming.
On behalf of all my colleagues in Thames Valley Police, and all officers across the country, I would like to express my gratitude for that support. It has been really appreciated in what has been an incredibly tough time for all.
We now need to harness that support and call on the British public and politicians of all parties to back Lissie in her campaign. ... See MoreSee Less
Pensions of retired police officers under attack https://thismon.ee/a/8545531 via @ThisIsMoney We have a group claim v Staffordshire Police, further to the group action v Avon & Somerset police, which itself followed the historic ET test case win by our client David Curry @iodpaorg