Uncategorized

Dismissed PTSD Officer wins right to sue for discrimination

Dismissed PTSD Officer wins right to sue for discrimination

A former Metropolitan police officer who suffered post-traumatic stress disorder (PTSD) following an assault while on duty, but was dismissed by a misconduct panel who failed to take the PTSD into account, has been given the right to sue her bosses for discrimination at an employment tribunal.

The officer – named in court only as ‘P’ – said the misconduct panel which ended her career in 2012 had been guilty of disability discrimination because it failed to take her PTSD into account.

Previously, police officers could not bring proceedings in an  employment tribunal, to challenge the actions or decisions of the Panel, because it’s a judicial tribunal.

The Supreme Court ruling on Wednesday over-ruled this.  The ruling is a game-changer that determines that police internal misconduct panels do not enjoy judicial immunity and victims of discrimination on the grounds of race, gender or disability can now pursue discrimination claims against the police at an employment tribunal.

P (Appellant) v Commissioner of Police of the Metropolis (Respondent) – The Supreme Court

Case details

It is apparent that this judgement has further implications on other professions, panels and tribunals, including Police Medical Appeal Boards (PMABs).

The Supreme Court is highest authority in the interpretation of UK law and can not be appealed.  Such a judgement shines a light on the thought processes and current paradigm of our leading judges in how, and to whom, the Equality Act applies.

 

Chief Morgan’s Conundrum

Chief Morgan’s Conundrum

“A sum can be put right: but only by going back till you find the error and working it afresh from that point, never by simply going on.”
C.S. Lewis, The Great Divorce

Gareth Morgan, the newly appointed Chief Constable of Staffordshire, who takes up his post on the 19th June, has a problem.

During his tenure as Deputy Chief Constable of Avon and Somerset Police he will have become well aware that maladministration of police injury pensions leads inevitably to increased costs, litigation and disaffection amongst serving officers. Gareth witnessed how attempts to subvert, twist, or bypass the Regulations governing injury pensions achieved nothing more than the transfer of large amounts of ratepayers’ money into the pockets of a certain Dr Phillip Johnson.

This less than eminent medical practitioner, was paid to carry out reviews on the degree of disablement of former officers who are in receipt of injury pensions. In over three years and forty-six billed days he managed only six for which he was paid £146,000 Avon and Somerset Police Pension Authority (PPA) , which is none other than the single personage of the current Chief Constable, has been forced to make a humiliating u-turn and has announced that the planned mass review programme is abandoned.

The force has no will to attempt any further reviews. So, when Gareth becomes the PPA in Staffordshire, what will he make of that force’s plans to hold a similar programme of mass reviews? He can’t claim he is not very well aware of the issues, for in November 2013, the College of Policing started a scoping review of forces’ management of Police Medical Appeal Boards (PMAB). Gareth agreed to act as the Senior Responsible Owner (SRO) for the exercise. Tellingly it was then Chief Constable Mike Cunningham of Staffordshire Police, in his capacity as the Workforce Development Business Area Lead, who for reasons unknown, requested this commission.

The College of Policing soon increased the scope of the review from the original issue of PMABs to the management of police officer ill health retirements and injury on duty assessments, as these areas form the basis of any appeal to a PMAB. And the conclusions Morgan’s College-backed enquiry came to? Given pride of place was the startling figure that appeals against the mistakes made by HR managers and SMPs had cost forces some £4.3 million pounds since 2008. The enquiry revealed that the ill health retirement process is in chaos, with poorly trained personnel performing functions they don’t understand, regularly failing police officers.

It is recognised that these processes are complex and expensive to the force and potentially led to a disservice of officers who have been injured in the line of duty.

Morgan also accepts there have been a number of occasions in recent years when the established practice of police forces, supported by the Home Office, in interpreting the meaning of the 2006 Regulations, has been found to be inconsistent with the true wording of the Regulations!

6 At the time of writing, very few forces are currently engaged in performing
reviews of previous IoD decisions, many having not done so since the Home
Office correspondence in 10 March 2010 following critical case law. The issues
relating to the appropriateness of conducting reviews notwithstanding, the
decision not to review has resulted in a significant degradation of the skill level of those staff members who had previous experience of this work. Many of whom, as a result of ongoing financial cuts to relevant departments, are no longer working for the police service.

The ‘Home Office correspondence’ referred to was a letter from the HO advising that all forces cease reviews, pending a seminal judicial review upcoming in the Administrative Court. That case concerned a former Met officer, Belinda Laws. She won her case. The reviews then being conducted in some forces were unlawful as they were based on the infamous guidance issued by the Home Office in Annex C to its circular 46/2004.

The Home Office later suffered a hammer blow when it had to concede the guidance was unlawful and withdrew it. The Home Office gave a clear indication in a later judicial review case that it was unlikely to want to issue any revised guidance, or indeed, any further guidance whatever concerning injury awards and ill health retirement processes.

Peter Spreadbury, then Head of the Police Pensions and Retirement Policy Section within the Home Office gave a witness statement in the case of Simpson held at Leeds High Court in February 2012. He stated,

‘Should it appear that repeated legal challenges and uncertainty are likely to continue in this area, one possible option is the withdrawal of the relevant guidance and the abandonment of any attempt to give central guidance on the topic.’

Well, legal challenges have continued apace, and uncertainty within HR departments has increased, and the Home Office has withdraw its guidance, and it remains sensibly silent on all matters concerning injury pensions. The ball is firmly in the court of each PPA. They can expect no overt help from the Home Office, though we know that august Department of State sends a representative to meetings of the National Welfare and Engagement Forum. We believe this is more to keep an eye on the rampant idiocy which is displayed there than to try to advise more unlawful attempts to subvert the Regulations.

It is reasonable to assume then that Gareth Morgan is more acquainted than most Chief Officers with the institutional failures of HR departments to properly administer the police injury benefit Regulations.

Gareth also knows first hand of the most vile abuse foisted on vulnerable disabled officers, for it was in Avon and Somerset that the now deceased Dr Reginald Bunting was allowed free rein to practice his sexual perversions on officers and former officers who he was called upon to examine.

Speaking about Operation Hay which investigated the historical abuse he went on record as saying:

“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

Wishful thinking on Gareth’s part, for the day after Avon & Somerset decided enough was enough in their abuse of those injured on duty, the Bristol Post reported that more victims have come forward:

Investigation into pervert doctor continue as more victims come forward

The police investigation into a pervert Bristol doctor is being continued as more potential victims have come forward. Dr Reginald Bunting was said to have been ‘inappropriate’ towards 52 police recruits and staff while he worked for Avon and Somerset Constabulary. Investigations into the doctor’s behaviour and complaints made about him ended this year after a two-year probe.

So, Gareth Morgan’s problem as he takes up his new post is this: he now has a choice to make. Does his follow the lead of his former boss in Avon and Somerset, Chief Constable Andy Marsh and halt the reviews, or does he continue to zealously pursue Staffordshire’s review program as if nothing has happened?

Will we see Morgan fall back on repeating the tired and empty mantra in respect of reviews where various administrators have falsely claimed the Regulations say they “shall“ conduct reviews, or that they are “obliged to review“ as they have “a positive duty” to review? Will Morgan chose to ignore the looming disaster that Staffordshire’s proposed mass review programme will bring? Will he chose to ignore all the evidence which proves most, if not all, forces are utterly incapable of administering police injury pensions within the law?

To add to his problem he has to take ownership of the ill-judged and illegal Staffordshire 2008 “agreement“ which favoured certain IOD pensioners at the expense of others. He will have a tangled mess to attempt unravelling now that Staffordshire’s IOD pensioners have realised the agreement was not worth the paper it was written on. Staffordshire will have to deal with that before it could even contemplate holding any reviews – unless of course Gareth has the stomach for a costly round of appeals and trips to the Administrative Court.

We hope that new Chief Constable Gareth Morgan will look back on his time with Avon and Somerset and reflect on the sour sans-apology June 12th letter to all IOD pensioners from Julian Kern on behalf of Avon & Somerset Police Pension Authority cancelling what he called the “automatic reviews“.

Of course the term “automatic review” is an euphemism for holding reviews only for the purpose of discovering whether there has been substantial alteration in degree of disablement, without any pre-consideration as to whether the degree of the pensioners disablement has altered. This, as regular readers of these blogs will know, is not a lawful process. A review held without first deciding there has been a suitable interval since the previous decision on degree of disablement is unlawful. A review held without any individual consideration of individual circumstances is unlawful. A review held with a view to saving money is unlawful.

The Regulations prohibit anything which might be called an ‘automatic review’. The fact that Kern used this phrase, in what we sincerely hope will be the last letter he is allowed to pen for Avon and Somerset Police Pension Authority, sums up all we need to know about the sheer incompetence of the man. He knows nothing about the Regulations.

We will touch in later blogs about Kern’s reference to suspension of reviews pending future legislation or Home Office guidance but suffice to say IODPA is confident there will be no retrospective legislation, nor will the Home Office ever offer any more central guidance.

Avon and Somerset’s climb-down suspension of all reviews sends a strong signal to Staffordshire, and the other few forces which are still mistakenly in thrall to the idea that reviews can save them money. It also tells anyone who cares to listen that the hugely ignorant and dangerous guidance issued by Nicholas Wirz via the the National Wellbeing and Engagement Forum is a poisoned chalice.

IODPA wishes Mr Morgan well in his new role in Staffordshire. We hope that once he is his own boss, free of the shackles of being merely the number two he was in Avon and Somerset, that he will make some sensible decisions and not only halt the proposed mass review programme, but set about clearing up the historic mess that is the administration of police injury pensions in that area.

Update: Staffordshire Agreement

Update: Staffordshire Agreement

The Staffordshire branch of NARPO has, quite correctly, asked the Police Federation of England & Wales (PFEW) about the “agreement” that was sent out to those as a consequence of being paper reviewed almost a decade ago.  Remember this “agreement” was signed at the time by the individual, local NARPO, local PFEW and Staffordshire police.

Legal Advice March 2008 Agreement

There is a stand-out point that seems to be missed here …  The test whether the contract is a stand-alone, legally binding thing of absolute validity is arguably the wrong question to apply.  It matters not whether the contract, on it’s own, is a legal document of authority.  What matters is the context underpinning how the signed paper came into being and the legitimate expectation such a document provides as a consequence of the processes that occurred before it.

If the conclusion is flawed  (the “agreement“), then the process (a review conducted under Regulation 37) that led to that conclusion is compromised.

So the real significance lies in the gap between the very start of process (including the motivation behind why it commenced) to the finality of the Staffordshire 2008 mass review program, the conclusion of such being the “agreement“.

If the context of the “agreement” is flawed then it opens the fact that the paper review that underpins the “agreement” is unsound.

All those mass paper reviews conducted a decade ago by Staffordshire, in an attempt to limit their exposure to the illegality of the 46/2004 Home Office guidance, were finalised without the knowledge contained in the later judgements found in the Pollard, Turner and Laws judicial reviews.

A mechanism to fix such wrongs is a Regulation 32 reconsideration and the legal advice of the PFEW, however it is interpreted, is a gateway that brings to stark realism the judgement of Justice King in Haworth, R (on the application of) v Northumbria Police Authority [2012]  that a reconsideration …

should be construed as a free standing mechanism as part of the system of checks and balances in the regulations to ensure that the pension award, either by way of an initial award or on a review to the former police officer by either the SMP or PMAB, has been determined in accordance with the regulations and that the retired officer is being paid the sum to which he is entitled under the regulations.

…and that refusal of the police pension authority to allow such right to a mechanism to fix a wrong is:

potentially unlawful interference with a ECHR right

We could have saved the effort of the PFEW by telling those who asked that the “agreement” is not congruent with the “checks and balances” demanded by the Regulations.  Excuse the use of deliberate tautology, but the point is so important that it needs to be repeated with different words: the “agreement” is a dubious result caveated by Staffordshire Police’s 2008 mass review program that was itself, by its very nature, not congruent with “checks and balances” demanded by the Regulations.

Before a person  starts to think they should ever acquiesce to any review there needs to be answers.  Not only shall the review be justified to the individual, a suitable interval needs to have elapsed and individual discretion applied based on that person’s circumstances.  The disabled former officer also needs to fix the damage done by any previous unlawful paper review.

We will be pleased to field any questions you may have about the information contained in this post and the PDF above.  Either comment below, so others can benefit from the conversation, or email us for a private chat admin@iodpa.org

Battle of the ALAMA

Battle of the ALAMA

“I am at liberty to vote as my conscience and judgement dictates to be right, without the yoke of any party on me… Look at my arms, you will find no party hand-cuff on them. ”
David Crockett

In 1835, Mexican President Antonio Lopez de Santa Anna (1794-1876) threw out the nation’s constitution and made himself dictator.  Many Americans in Texas, as well as Tejanos (Mexicans in Texas), hated this blow to their liberty and the growing tensions between Mexico and Texas erupted into violence when Mexican soldiers attempted to disarm the people of Gonzales, igniting the Texan war for independence. Like other states discontented with the central Mexican authorities, the Texas department of the Mexican state of Coahuila y Tejas rebelled in late 1835 and declared itself independent on 2 March 1836.

The Battle of the Alamo (February 23 – March 6, 1836) was a pivotal event in the Texas Revolution. Mexican troops under President General Santa Anna attacked the Alamo Mission near modern-day San Antonio, Texas, United States, killing all of the Texian defenders, one of whom was the famous Davy Crockett.

In an ironic twist of events, Santa Anna had fought for Mexico’s independence from Spain, only to decide to crush the independence desired by the people of Texas.

The Texas revolution finally ended at the battle of San Jacinto on April 21, 1836. It had been an uprising in defence of liberty.

Santa Anna shared a characteristic common to many other dictators. He was as contemptuous of the views, and rights, of the people of Mexico as he was towards the Texians. In 1824 Santa Anna gave his opinion as, ‘A hundred years to come my people will not be fit for liberty. They do not know what it is, unenlightened as they are, and under the influence of a Catholic clergy, a despotism is the proper government for them, but there is no reason why it should not be a wise and virtuous one.

In 2016, a senior representative of an organisation named the ALAMA, which boasts a membership of just 300 occupational health doctors, seems to have experienced a fit of pique. He lobbied the GMC in an attempt to get it to change its rules so as to exclude a certain class of people from the principles of confidentiality and respect for patients’ privacy that all doctors are expected to understand and follow. That class of people was disabled former police officers.

The ALAMA representative wished to prevent them from exercising their right to see a copy of any report written by a SMP before it is sent in to the commissioning authority. He wished to see disabled former police officers also lose their right to withdraw their permission for any such report to be sent in should they find fault with it. (See the guidance on line at http://www.gmc-uk.org/guidance/ethical_guidance/confidentiality_contents.asp)

The lobbyist was Dr Bulpitt, who is Force Medical Advisor for Avon and Somerset Constabulary. He is is the official police representative of ALAMA –  the Association of Local Authority Medical Advisors. He is no Santa Anna, but from him there emanates more than a whiff of the characteristics which distinguish dictators. His approach to the GMC demonstrates that he is contemptuous of the considered democratic view of the eminent GMC, which sets the standards which the more than 281,000 doctors registered with the GMC are required to follow. We are also suspicious that his lobbying was a personal campaign, and does not truly reflect the views of the members of ALAMA.

In ALAMA’s name, Dr Bulpitt has discarded the self evident truth that the GMC guidance follows legislation and complies with legislation. He fails to see that when the law isn’t applied to some, it doesn’t apply to any.

But is it the position of ALAMA, or the views of one man?  We can’t tell if it is the organisation as a whole which is intent on destroying the rights of disabled former police officers, or whether Bulpitt’s lobbying is an example of an individual unilaterally abusing his position within ALAMA to perform some sort of ‘Game of Thrones’ politics of power play.  

Dr David Bulpitt’s position and influence within this small organisation does not just have local consequences within Avon and Somerset. ALAMA represents many of the doctors who work as SMPs across the country. Should Dr Bulpitt’s views sway the GMC to amend its guidance, then that will affect every injury award review and injury award application nationwide.

Unlike Davy Crockett, who solely relied on his conscience and judgement, this particular doctor has the yoke of best practice defined by a regulatory body to adhere to –  best practice that he wants to have the ability to choose when to park aside and who and when to exempt, to suit his own agenda.

ALAMA was founded after a conference on inhalation hazards in Firemen held in Edinburgh in March 1979. In April 1980 a follow-up meeting for local authority doctors in Manchester saw the start of an ALAMA steering committee.

The declared aims of the Association were to hold an annual meeting, to develop some kind of link with the Society of Occupational Medicine, the Faculty of Occupational Medicine and the British Medical Association.

Plainly, its founding aims were not to lobby the GMC to discriminate against certain cohort of people! So, what is the exact lobbying we are talking about?

The GMC are currently reviewing their 2009 Confidentiality guidance – making sure it is “relevant to doctors’ needs and to be compatible with the law throughout the UK.”  The public consultation on the revised draft of the guidance on confidentiality closed on the 19 February 2016.

In January 2016, almost three months after he had professed to the Home Office that he had already contacted the GMC, Dr Bulpitt used ALAMA headed notepaper to belatedly write to that organisation.

(select and use arrows bottom left to navigate pages)

Within his letter he compared the right of certain specified members of the public – who happen to be people retired from the police service – to withdraw consent for medical reports (under the Access to Medical Reports Act) to being synonymous to condoning a repeat of the 2014 Glasgow bus catastrophe that killed six and injured fifteen others.

Just like the Tejanos in 1835, we are understandably appalled at the attack upon our liberty. Such purging of protection under the law for chosen targets leads inevitably to greater and greater abuses and more and more destruction of rights. This process was aptly chronicled by  Martin Niemöller … to misquote this pastor, “First they came … for the people with disabilities. And I did not speak out because I did not have a disability”.

Dr Bulpitt sets his scene by first constructing a diversionary straw-man argument. Ignoring the contentious and unlawful mass review programs instigated by a minority of police pension authorities to reduce their ‘financial exposure’ to the cost of police injury on duty pensions, the doctor starts with smoke and mirrors by saying the OHP (occupational health practitioner, in other words the SMP) is only concerned with the fitness to work, in an attempt to sway the GMC Assistant Director for Standards & Ethics away from his true agenda.

Why let the truth get in the way of a good yarn? That his lobbying has no basis in fitness to work, dealing as it does with the destruction of the rights of people pensioned off from the police service, doesn’t cause Dr Bulpitt to see the irrelevance in his narrative.

Clinical Information obtained and recorded by OHPs, especially during a one off assessment, is exclusively for the purpose of advising employee and employer on fitness for work.  Therefore the consent to request this information is made in that context. Clinical  information is not obtained to provide clinical care and therefore the basis of the consent to  request it is quite different from Drs who provide clinical care.

According to the Introductory Memorandum to The Police (Injury Benefit) Regulations 2006  the Police injury awards do not depend on membership of the Police Pension Scheme, but are in effect compensation for work-related injuries (the degree of disablement in relation to capacity to earn).

Continuing to omit things which irritatingly do not tally with his story, Dr Bulpitt fails to say that a great many SMP’s have in fact become of late a pale shadow of the independent and impartial decision-makers which they are required to be in law.  He leaves out the inconvenient fact that he regularly demands clinical information including full medical records since birth; expunges from his lobbying of the GMC the information that the occupational health unit almost always did provide clinical care to the injured police officer whilst injured and still in service.

Apparently, in Dr Bulpitt’s version of the parliamentary process, it is only civil servants in the Home Office that ‘sets down’ legislation, conveniently forgetting the role of the Houses of Commons and Lords.

The Police Pension Scheme serves as a particular example of where clarity is urgently needed as to whether additional consent is necessary once an individual has requested their employer to enter them into the process for health assessment, and consideration for payment related to ill health. At present GMC guidance appears to sit uncomfortably with the Regulations for the Police Pension Scheme which are set down in Legislation via the Home Office.

Rather peculiarly, the official ALAMA representative’s letter goes from faux concern for Council employed drivers; Police Officers using Firearms; Teachers with responsibility for children, on directly to his real bugbear – the Police Pension Scheme.

Could it be that mention of other local authority aspects were just a diversionary tactic?  Is his real true agenda purely to convince the director of ethics that there is an imagined disconnect between GMC guidance and the Police Injury Benefit Regulations?

At present GMC guidance appears to sit uncomfortably with the  Regulations for the Police Pension Scheme which are set down in Legislation via the Home  Office.

IODPA would like to see evidence of where this proclaimed inconsistency lies. We believe there is no evidence. Dr Bulpitt chooses not to explain himself, and presents as fact something which is wide open to critical challenge. We believe that the current GMC guidance is based on a careful and rational analysis of the Regulations and of relevant court cases which have addressed the issues of confidentiality and consent in respect of reports commissioned by employers and pension scheme managers.

We have witnessed too many instances of reports written by SMPs which contained factual inaccuracies, incorrect application of the Regulations, and which exceeded the limitations of the brief of the SMP to see very readily why Dr Bulpitt wants these reports to be winged direct to the commissioning authority without scrutiny.

He fears that injury on duty pensioners have finally become aware that their rights under the law, and under GMC’s guidance, have consistently and widely been denied. He fears that a high percentage of reports will be subjected to withdrawal of consent and will not land on the desks of HR managers. His ambition to manipulate the Regulations so as to effect reductions of pension payments would be thwarted.

His letter to the GMC exposes very clearly that this doctor has only the wishes of his paymasters in mind, and cares nothing about the health and well being of disabled former police officers, nor cares anything for their right to continue to receive the level of pension their injuries deserve.

Current GMC guidance requires that the patient is offered a copy of the OHP’s report about  them before it is sent. Many Drs consider that the guidance leaves ambiguous whether the  patient is then able to withdraw consent at that point and thus prevent release of the report  to whoever commissioned it.

We would like to request that the GMC consider an additional section in future guidance
advising Drs and patients specifically for situations where health assessments are requested  by third parties from specialist OHPs and which particularly recognises the impartial role of  OHPs making clinical assessments generally and especially in
The context of Health and Safety Legislation.
• When instructed in accordance with the terms of insurance typically in a Pension
Scheme
• When instructed under Regulations set down under legislation e.g. by Home Office

In their reply the GMC calmly proclaims that Dr Bulpitt’s grotequese bus tragedy analogy is already covered by the guidance and the exception Dr Bulpitt demands is given short-shrift.

Our understanding is that patients are entitled to withdraw consent for a  report to be disclosed to a third party unless there is legal requirement to disclose the information, or disclosure can  be justified in the public interest (for example, because failure to disclose the information could leave others at a  risk of death or serious harm).

So what can the ALAMA learn about the Alamo?

After he defeated the rebels at the Battle of the Alamo, President General Santa Anna unwisely divided his forces, allowing Sam Houston to surprise him at the Battle of San Jacinto.  Santa Anna was captured and forced to negotiate with the Mexican government for recognition of Texas’ independence and sign papers saying he recognised the Republic of Texas. He returned to Mexico in disgrace and retired to his hacienda. The people of Texas fought on for freedom and, eventually, on December 29, 1845, Congress admitted Texas to the U.S. as a constituent state of the Union.

Perhaps members of ALAMA will think it wise to consider how this particular representative is behaving and see fit to distance themselves from his lobbying techniques. The majority of conscientious and hard-working occupational clinicians do not deserve to have their ethics sullied by the machinations of one doctor.

One of Crockett’s sayings, which were published in almanacs between 1835 and 1856, was: ‘Always be sure you are right, then go ahead’

Every time we observe the lengths some twisted minds go to subvert the rights of others, IODPA is reinforced that we are right to keep going ahead.

Treatment of officers with Mental Health issues

Treatment of officers with Mental Health issues

Please read this new post from the unconnected ‘Good Cop Down‘ blog.

Treatment of officers with Mental Health issues

by julian180748

Since starting this blog, I am still concerned at the lip service paid by police forces regarding the treatment of officers with mental health issues. I have been supporting police officers as a me…

Source: Treatment of officers with Mental Health issues

A Lyric Poem

A Lyric Poem

INJURED ON DUTY:

As a Police Officer, honest and true
With a commitment to take care of ‘you’!
I did my job with honour and pride
Working all hours, with all else put aside
Even off duty I stayed so alert
And kept an eye open for dishonest ‘perps’
The clock and the payment had nothing to do
With the time that I spent to look after ‘you’
Imagine my shock, my shame and dismay
To find that I wasn’t cared for that way
When beaten on duty and damaged enough 
To be forced to retire, and no longer tough
My life was in pieces, my lifestyle destroyed
Not fit to ever again be employed
My pension too small to upkeep my home
My feelings so hurt that my heart turned to stone
Every relationship broken in two
So difficult now to meet anyone new
When I asked for help I found none for me
The worst of the damage not found yet, you see!
Now my small income has become even less
And worse yet to come as I can’t pass the test
Which would prove that my ailments are ALL a result
Of that fateful day I was beaten to pulp
After 26 years suffering daily ill health
My former force is protecting their wealth
My feelings, integrity, honesty, and respect
don’t count at all as I fall through their net
I now have to fight for my right to exist
The assessors make up information to fit
The criteria required to keep my pension low
After 4 more years of hell to a tribunal I go!

By Anon

The Crocodile Court by Andy Gilbert

The Crocodile Court by Andy Gilbert
The Crocodile Court by Andy Gilbert et al. The Crocodile Court

Book Description

21 April 2015
Carl Byron was a highly thought of police sergeant who loved his job, the only job he had ever wanted to do since he was a small boy. Having just passed his inspectors exam, his career looked like it had a bright future. In private, his life-long battle with mental ill health was starting to take over and Carl was starting to struggle to keep his world together. A series of events took Carl on a journey that meant his life would never be the same again. This is a true story about mental health, the police misconduct system and a very special cat called Alfie. (All royalties are being donated to The Samaritans)
Most Helpful Customer Reviews
3 of 3 people found the following review helpful
 
5.0 out of 5 stars a must read for the legal community 25 May 2015
Format:Paperback|Verified Purchase

This book is an excellent demonstration of how an organisation sets out to keep it’s own house in order. However, in doing so totally loses it’s way and believes the people doing the watching can do no wrong. The organisation has a no compassion approach and a belief that their holier than thou attitude brings a sterile and sanitised Police Service fit for purpose. Or do they just want to control each employee in some kind of Orwellian nightmare.

Carl is now in the best place in my opinion and I hope his story being told will give him the strength to go on to greater things. A sad story well told. It should be read by every prospective and serving Police officer. It should also be committed to memory by every officer following promotion through the ranks.

History tells us that when an organisation see themselves as being the only ones who know what’s right we end up with Labour camps and death camps.

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...