DOJ

The Department Of Justice And The Case Of The Missing ‘Medical Appeal Tribunal’

The Department Of Justice And The Case Of The Missing ‘Medical Appeal Tribunal’

As most of our members are aware, we, at IODPA support officers and pensioners throughout the whole of the UK. Recently, we have been supporting a number of RUC/PSNI pensioners regarding their injury pensions.

The regulations governing England and Wales is The Police (Injury Benefit) Regulations 2006, for Scotland it is The Police (Injury Benefit) (Scottish) Regulations 2006, whilst Northern Ireland have The Police Service of Northern Ireland (Injury Benefit) Regulations 2006.

The Scottish regulations are a mirror of the those used in England and Wales whereby a pensioner is initially assessed by the The Selected Medical Practitioner (SMP), and if they disagree with their decision, they have the right of appeal by having their case heard by a panel of medical experts called a Police Medical Appeal Board (PMAB). The SMP is selected and employed by the individual police force making the assessment, whilst the PMAB is conducted by a Home Office nominated company, currently Duradiamond Healthcare Ltd (trading as Health Partners).

The PMAB is usually made up of three doctors, a Chair, a clinical specialist in the field to which the pensioner is suffering and one other.

Only Northern Ireland, based on their regulations, deviate from this path. The process starts the same, whereby a pensioner is initially assessed by the SMP, but in their case, if they disagree with their decision, they have the right of appeal to what can only be described as a second SMP called the Independent Medical Referee (IMR). The SMP is employed by the Northern Ireland Policing Board (NIPB), whilst the IMR is employed by the Department of Justice (DOJ).

If the pensioner is still dissatisfied with the decision of the IMR, they have the ability to appeal a second time to a body called the Medical Appeal Tribunal (MAT). This is similar to the the PMAB, but is made up of specific people.

Regulation 33 states –

“…consisting of three persons, including a barrister or solicitor of not less than seven years’ standing and a retired police officer or retired member of a police force in Great Britain who, before he retired, held a rank not lower than that of superintendent.” “Either party may be represented before the tribunal by counsel, by a solicitor or by such other person as appears to him appropriate, adduce evidence and cross-examine witnesses”

The MAT is appointed by the DOJ.

Therefore, the final appeal in England/Wales/Scotland goes to the PMAB, and in Northern Ireland it goes to a MAT.

That seems quite clear to us, and we are aware of approximately 100 PMABs taking place each year in England/Wales/Scotland. So now let’s turn our attention to NI…

In 2017, there were no MATs…

In 2018, there were no MATs…

In 2019, there was one MAT, this being on the 5th February at the Castle Buildings, Stormont Estate, Belfast.

In fact this was the LAST recorded MAT by the DOJ.

This means that there have been no MATs in

2020…

2021…

2022…

2023…

2024…

2025…

and to date none in 2026.

Does that mean that there were no pensioners who wished to appeal their IHR/IOD award decision during this period?

The answer is an emphatic ‘no’!

We know of a good number who has wanted to appeal the IMR decision to a MAT and have not been given what the Regulations state they are entitled to.

If that’s the case, the immediate question that springs to mind is – how can the PSNI and DOJ lawfully administer the regulations of The Police Service of Northern Ireland (Injury Benefit) Regulations 2006. The simple answer is, they can’t. We understand that instead of allowing pensioners their lawful right of appeal, the PSNI and the DOJ are sending pensioners back to the same or different SMPs or IMRs in a merry-go-round of delay upon delay.

A series of Freedom of Information requests to the DOJ reveals the following –

  • In Autumn 2024 the DOJ started a review into the into the lack of a MAT.
  • In April 2025 there was no start or end date for the selection process.
  • It was also confirmed that at this time, there are 16 applications waiting for a MAT.
  • In September 2025 there are no panel members appointed to undertake a MAT.
  • In November 2026 the DOJ stated their aspiration to have a MAT established early in the New Year.

So, here we are in mid 2026, and we are still waiting…

What’s also surprising to us, is that many of the pensioners in Northern Ireland were originally represented by a local firm of solicitors. We find it remarkable that such a company would allow the PSNI/DOJ to willfully circumvent the law without the strongest of representations. We are not aware of any.

To conclude, in the last nine years, only one MAT has been held for one RUC/PSNI officer despite a large number appealing the IMR decision.

This is unacceptable.

Officers, who have been seriously injured whilst on duty and are extremely vulnerable, deserve to have the regulations followed correctly so that their appeals can be heard by a truly independent panel. There is absolutely no excuse for MATs not to be provided for officers.

We, in conjunction with solicitor firm, IOD Ltd, will continue to support RUC/PSNI officers and hold PSNI and the DOJ to account. In our opinion, they have been allowed to circumvent the regulations to the officer’s detriment for far too long.