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.
Remembering DC Stephen Oake of GMP Police who was killed on duty eighteen years ago today.
Thinking of Stephen's family, friends and colleagues on this sad day.18 years on. Remembering our fallen colleague, DC Stephen Oake.
Stephen was a police officer serving as an anti-terrorism detective with Greater Manchester Police, who was murdered while attempting to arrest a suspected terrorist in Manchester on 14 January 2003.
He was posthumously awarded the Queen's Gallantry Medal, after a civil service committee decided in 2006 that Stephen's actions had not met the "extremely high" standards of bravery beyond the call of duty for the George Cross. The highest civil decoration in the United Kingdom.
On 14 January 2003, Oake and some of his colleagues went to a flat at number 4, Crumpsall Lane, in the Crumpsall area of north Manchester, as part of an immigration operation. The resident was not expected to be there, but the police found Algerian-born illegal immigrant Kamel Bourgass, who had arrived in England in the back of a lorry three years prior, and two other unknown men. Bourgass was not immediately recognised, despite being wanted in London in connection with what became known as the Wood Green ricin plot, a bioterrorism plot to attack the London Underground.
When he believed the officers had identified him in connection with the ricin plot, Bourgass suddenly made an attempt to escape and, in the process of doing so, punched one officer and picked up a kitchen knife. Stephen, who was unarmed and not wearing protective clothing, went to restrain the suspect but was stabbed eight times in the chest and upper body, including one blow which penetrated his heart. Despite his extensive injuries, Stephen clung to his attacker, protecting his colleagues until they could bring Bourgass under control; three other officers suffered stab wounds before the suspect was eventually contained. Stephen later died of his injuries.
Stephen's full police funeral at Manchester Cathedral was widely publicised and attended by over 1,000 people including then-Prime Minister Tony Blair. The cortege was escorted through Manchester city centre by mounted police wearing full ceremonial dress, and Stephen's coffin was carried by six former colleagues through a guard of honour into the cathedral. Proceedings inside were relayed to a crowd of hundreds outside by loudspeaker, in scenes similar to the funerals of Fiona and Nicola.
Greater Manchester's then-Chief Constable Michael Todd paid tribute to his fallen officer. He said: "Steve was a hero. He and his sacrifice, the ultimate sacrifice, will never ever be forgotten by us."
Our thanks to Hampshire Federation Secretary for the great tweet today.
It is our pleasure to be here to assist federation branches around the UK. We know that they are stretched to their very limits in the current climate and will do all we can to make their lives easier.
Our thanks go to all police officers around the UK who are working flat out to look after us.
Please stay safe, we are all behind you and hope things ease off for you in the not too distant future. ... See MoreSee Less
You'll be supported until you become injured on duty at which point you'll become a burden and unsupported. If you leave your much loved career through injury we'll do everything we can to take your pension off you by fair or foul means. http://Iodpa.org
Damn me, just checked work emails (slaps wrists) but had a smashingly supportive email from @iodpaorg who not only are going to support and advise a former member but also praised the work we are doing acknowledging the challenges we are facing
Thank you @iodpaorg 🙏