Gareth Morgan

Staffordshire Police Put The Brakes On

Staffordshire Police Put The Brakes On

Whoa!!!

— [Anonymous] command to stop or slow down, usually horse or vehicle

We have breaking news…

Staffordshire’s Chief Constable, Mr Morgan, has thrown the gears of his review truck into reverse.

A few weeks ago Mr Morgan took the extraordinary step of deciding that failure by IOD pensioners to allow access to their medical records amounted to a failure to attend a medical interview or examination. His stance was that full access to medical records was a necessary step in any medical examination or interview.

Seventeen of our members had received letters just four weeks prior to Christmas from Mr Morgan advising that because they had refused access to their medical records he would be reducing their injury pensions and the reductions would be backdated, indicating that they would also claw back the money from the affected pensioners.

Mr Morgan’s decision was robustly challenged by our solicitors, acting on behalf of the IOD pensioners concerned.

Pensioners have now heard from Mr Morgan’s solicitors that he, in his role as Police Pension Authority (‘PPA’), accepts that the letters notifying pensioners of his decision to reduce their pensions,

. . . did not sufficiently explain the reasons for the decisions. Further, the decisions should not in the circumstances have had retrospective effect.

 

Our solicitors have been told that Mr Morgan,

. . . proposes to provide each of the proposed Claimants with further decision letters, containing a fuller explanation of the reasons for the decision taken in each case…

 

Meanwhile no reductions in injury pensions will be made at this time.

IODPA can not comment in detail on the issue as the legal arguments will be continuing, and may be heading for the Administrative Court should the PPA wish to see his interpretation of regulation 33 tested.

However, we can say that all of the IOD pensioners affected by Mr Morgan’s threats to reduce their injury pensions can now have a peaceful Christmas without the extreme fear that any future decision by CC Morgan will not allow him to backdate any pension payments.

Staffordshire – The Story To Date

Staffordshire – The Story To Date

All the things I really like to do are either illegal, immoral, or fattening.

Alexander Woollcott (1887-1943)

 

Elsewhere on our web site are numerous comments concerning the action taken by Staffordshire Police in reducing the pension payments due to a group of disabled former officers. The comments make clear the feelings engendered in reaction to this dramatic turn of events.

IODPA has refrained from making comment as the issue is undoubtedly going to be subject to prompt legal challenge.

However, we can give an account of what has happened so far.

Officers who are injured on duty to such an extent they can no longer perform the ordinary duties of a constable can be required to retire. They can be awarded a one-off gratuity payment plus a pension, payable for life, as compensation for no-fault injury.

The compensation scheme is governed by The Police (Injury Benefit) Regulations 2006, which is secondary legislation made by a Minister of State under provision of The Police Pensions Act 1976.

The Regulations, specifically regulation 37, allow the question of degree of disablement to be considered from time to time, as appropriate, for it is recognised that the disabling effects of duty injuries may worsen or lessen. If there has been a substantial alteration, then the amount of pension paid can be revised accordingly.

On 26th April 2017 Staffordshire Police commenced a programme intended to review the degrees of disablement of the over 300 former officers who are in receipt of an injury pension.

The programme quickly ran into difficulties as pensioners raised issues questioning the legality of the programme, both in concept and in detail.

A major issue was the insistence of Staffordshire Police that it be allowed full unrestricted access to individual’s medical records, from birth, and to personal financial information.

A number of pensioners refused to give permission, on the grounds that their personal data enjoyed detailed protection under data protection law and that there is nothing in the 2006 Regulations to require a former officer to submit any medical records made by any other doctor to the force or to any doctor employed by the force.

A further concern expressed by some pensioners was that they had no confidence Staffordshire Police was capable of conducting the review process lawfully. The content of various policy and process documents created by Staffordshire Police concerning the review programme arguably contained misinformation and misrepresentation of law.

A number of reviews were held, and the doctor tasked by Staffordshire Police to decide whether there had been any alteration in degree of disablement reported that, in some instances, due to the absence of permission to access medical records, he could not make a decision. The doctor later withdrew himself from any further involvement in the review process.

In December 2017 Staffordshire Police published a letter which sought to apportion all blame on the difficulties being experienced to, ‘a small number of individuals’.

It emerged that in the majority of instances where pensioners had refused unrestricted access to their medical records no decision was made on alteration of degree of disablement, despite it being a requirement of the relevant regulation (regulation 30) that the appointed doctor is referred the question ‘for decision’.

Each of the individuals concerned had attended an appointment arranged by the force with the force’s doctor. They answered all questions which were put to them, and allowed themselves to be medically examined where this was requested. Some provided medical evidence showing there had been no alteration in their degree of disablement. in some cases, the pensioners were recalled within months to attend a second medical examination. Again, they fully complied.

On 26th November 2018, we reported that seventeen pensioners had had their pensions reduced.

This is the letter that was sent out to those who had refused permission for unrestricted access to their medical records. We reproduce a redacted copy of one of those letters here.

Morgan letter redacted

 

The letters announce that Staffordshire Police has turned to regulation 33, which it relies on as giving authority to reduce the injury pensions of those who had refused permission for unrestricted access to their medical and access to financial records.

It is worth reproducing regulation 33 here:

Refusal to be medically examined

  1. If a question is referred to a medical authority under regulation 30, 31 or 32 and the person concerned wilfully or negligently fails to submit himself to such medical examination or to attend such interviews as the medical authority may consider necessary in order to enable him to make his decision, then—

(a) if the question arises otherwise than on an appeal to a board of medical referees, the police authority may make their determination on such evidence and medical advice as they in their discretion think necessary;

(b) if the question arises on an appeal to a board of medical referees, the appeal shall be deemed to be withdrawn.

 

The letter indicates that Staffordshire Police has taken the view that it was not enough for the individuals concerned to have submitted themselves to such medical examination as had been arranged for them with the force’s doctor, and to have allowed themselves to be interviewed by the doctor.  Staffordshire Police appears to believe regulation 30 covers access to personal medical and financial information. Staffordshire Police thus claims there has been either a wilful or negligent refusal.

Consequently, a decision has been made by the force to reduce the pensions of the individuals concerned.

Moreover, the reductions are to be back-dated to the time when they saw the force’s doctor.

The letter is essentially identical to each individual. Each letter fails to give any reason or insight into how the decision to reduce the pensions was taken, or on what evidence.

IODPA understands that solicitors have been instructed in challenging this extraordinary action by Staffordshire Police.

We will provide updates as the situation evolves.

Gareth Morgan Invokes Regulation 33 On Seventeen Disabled Pensioners

Gareth Morgan Invokes Regulation 33 On Seventeen Disabled Pensioners

 

Gareth Morgan (pictured) has sent out letters to seventeen Staffordshire police pensioners informing them he is dropping their injury pensions based on his interpretation of Regulation 33 of The Police (Injury Benefit) Regulations 2006. He is also intending to back date his decision.

We cannot comment on this any further for legal reasons, but here is what Staffordshire Police have posted on their website –

 

The Staffordshire Saga

The Staffordshire Saga

Never let the truth get in the way of a good story.

― Mark Twain

 

Staffordshire Police is one of less than a small handful of forces which remain determined to abuse the ‘review’ provision contained within The Police (Injury Benefit) Regulations 2006.

Chief Constable Morgan, fresh from his experiences with attempting to run a mass review programme of injury pensions in Avon and Somerset, has committed Staffordshire to a similar enterprise.

Mr Morgan’s story in Avon and Somerset, which he has repeated in Staffordshire, is that there is a duty to review the degree of disablement of all former officers who are in receipt of an injury on duty pension. In an open letter dated 21st December 2017 CC Morgan writes,

On 26 April 2017 Staffordshire (sic) Police began a pension review of retired Injured on Duty (IOD) officers in accordance with Reg. 37 (1) of the Police (Injury Benefit) Regulations 2006 which places a duty upon the Police Pension Authority (the Chief Constable) to review whether the degree of the pensioners’ disablement has altered.

 

There is a duty, which is subject to a discretionary process before being acted upon, which allows a Police Pension Authority (‘PPA’) to,

. . .  consider whether the degree of the pensioner’s disablement has altered . . .

 

A PPA must, for each individual, first determine whether it is appropriate to consider whether their degree of disablement has altered. It must first identify a suitable interval has passed since the time of the last final decision was made on degree of disablement. In some instances, there may never be a suitable interval.

Let’s  put this as simply as possible. Unless a PPA can show, with a record of its reasoning process, that there has passed a suitable interval then a PPA is not entitled to make any consideration on degree of disablement.

This aspect of the Regulations was settled way back in 2003, in the case of Crocker. The court opined,

I regard the review provision as the key.  There is no need to speculate.  As and when circumstances dictate, the pension is reviewed.  The doctors, the Medical Referee, and Selected Medical Practitioner can, and here did, indicate when they thought that that should happen.  Such a power is wholly inconsistent with a need to forecast the future and then to test the calculation of the forecast against the actual out turn on a number of occasions.  The means by review of correcting the pension when circumstances change obviates the need not just to speculate, but to speculate and review as well.

 

That determination is not hard to understand, but in plainer English, the court decided that doctors, medical referees (now PMAB’s) and SMPs should not speculate about when any alteration in an individual’s degree of disablement might occur. A PPA should not use those speculations as reason to conduct a ‘review’.

Moreover, the court decided that any ‘review’ should be a reaction to a perceived change in circumstances of an individual.

Staffordshire Police, and others, should note well the deliberate use of the singular pronoun in regulation 37, which identifies – ‘the pensioner’. Not, ‘all pensioner’s degrees of disablement’ or even, ‘pensioner’s degrees of disablement‘.

When the Regulations speak of the singular person they intend a singular consideration, not a mass consideration.

The PPA should therefore conduct a full review only after having considered that the degree of the pensioner’s disablement has altered.

We have to comment too, that a ‘consideration’ is a very different concept to a ‘review’. In fact, the word ‘review’ does not appear anywhere in the Regulations.

What Staffordshire Police mistakenly reads into the Regulations is a carte blanche duty to intrude into the lives of disabled former officers. They think that they can demand a range of sensitive medical and financial information to which they have no legal right. They think that they can task their HR or Occupational Health departments to collude with the doctor hired by the force to conduct medical assessments and examination with a view to influencing what should be an independent medical decision by the SMP.

Staffordshire Police set about their plans to conduct a mass review programme in the manner of a surgeon removing a leg to treat an ingrowing toenail.

The truth is, all Staffordshire Police are entitled to do is to make a polite enquiry of only those pensioners where there my be a strong indication of alteration. Their duty is discharged entirely once they get the answer that there has been no alteration.

We can for the moment leave aside well-founded suspicions that wherever a force has decided to hold mass reviews the decision to do so has been based entirely on an expectation of saving money.

Such expectations have proved to be illusory.

The facts are that over a ten year period, up to 2015, across the country, when most forces were conducting reviews, the vast majority resulted in a decision there had been no alteration in degree of disablement.

Even if Staffordshire Police’s intentions were entirely based on an altruistic desire to comply with the basic concept that a police pension authority needs to ensure the correct level of pension continues to be paid, should circumstances alter, then conducting a mass review is not the way to go about it.

So, what has happened so far? What progress has been made since Mr Morgan’s announcement in April 2017?

A recent Freedom of Information request has revealed some interesting facts.

A company called IMASS/Medigold was contracted to provide a doctor or doctors to conduct the medical aspects of the reviews. This company’s doctor commenced his work with Staffordshire in February 2018.

A doctor assessed 26 injury on duty pensioners. He made a decision there had been no alteration in degree of disablement in 6 cases. In the remaining 20 cases he decided he could not make any decision. No former officers were decided to have experienced any alteration in degree of disablement.

There is no option in the Regulations for a SMP to discharge his task by not deciding. Once a PPA has commenced a consideration it must ensure a decision is made. Staffordshire PPA is in breach of its duty in respect of those 20 pensioners who have no finality.

Surely, common sense should prevail in these circumstances. A PPA has only one realistic option, which is to record the SMP’s ‘no decision’ as a decision there has been no alteration. It is inhuman to leave pensioners up in the air with the uncertainty a failure to decide engenders.

Other evidence of what has resulted from reviews is contained in a Progress Report dated 22nd March 2018.

Police_Pensions_Board_Half_Yearly_Report_140318

 

It states a total of 45 injury on duty pensioners had been reviewed, or were in the process of being reviewed. Of them, 13 were decided to have no alteration in degree of disablement. In 4 cases, the pension was reduced due to a decision there had been a substantial improvement in degree of disablement. Of the remaining 28 pensioners there was no news.

Each review will have cost at least £500 to £600 and if there are appeals and court cases resulting from unlawful application of the regulations the experience of Avon and Somerset will be repeated in Staffordshire. When Mr Morgan was DCC in Avon and Somerset he saw a bill which ran into hundreds of thousands of pounds.

IODPA finds it hard to understand why Staffordshire police pension authority is happy to waste so much public money in conducting ‘reviews’ as currently constructed, when it is open to it to devise a process which will allow it to comply with regulation 37 at minimal cost, and without visiting anxiety and real harm on vulnerable disabled former officers.

Staffordshire Police tell a good story, but just like those of Mark Twain, it is complete fiction. And not even slightly amusing.

The ICO Audits Staffordshire Police

The ICO Audits Staffordshire Police

We are drowning in information and starved for knowledge.

― Author Unknown

 

One of the many advantages of being a member of IODPA is the availability of expert knowledge on a variety of topics, all relevant to police injury pensions.

One way we assist our members is by informing them of their rights as ‘data subjects.’

The term ‘data subject’ refers to any individual person who can be identified, directly or indirectly, via an identifier such as a name, an ID number, location data, or via factors specific to the person’s physical, physiological, genetic, mental, economic, cultural or social identity. In other words, a data subject is an individual whose personal data can be collected.

In the course of an officer’s career, their force accumulates considerable quantities of information about the individual. In the case of injury-on-duty pensioners that accumulation of data does not stop on their retirement – their force keeps on gathering it.

Trouble is, some forces don’t look after the personal information they acquire.

It is fair to say that data protection law rarely springs to the forefront of injury-on-duty pensioners minds. That is understandable, but when we see that a large and professional organisation, seems to have little knowledge of how the law requires them to manage the huge quantities of data they acquire and store, then we begin to worry.

One such deficient organisation is Staffordshire Police, which has just been shockingly revealed to be in dire need of improving its data handling processes and procedures.

The Information Commissioner’s Office has recently published its Executive Summary of a Data Protection Audit which it conducted of Staffordshire Police. You can read it here.

staffordshire-police-audit-052018

 

The report concludes Staffordshire Police could provide only limited assurance that,

processes and procedures are in place and delivering data protection compliance.

Moreover, the audit identified,

considerable scope for improvement in existing arrangements to reduce the risk of non-compliance with the DPA.

The ICO report is also critical of Staffordshire Police’s lack of a data protection policies, a lack of awareness of arrangements for sharing information, out of date information about data protection on its web site, failing to advise people about fair processing of personal information, an inability to show that information held was accurate and up to date, no publication scheme covering freedom of information requests and responses, and a low training rate of employees on data protection.

That covers pretty much all of the areas of data protection law, and shows that Staffordshire is failing in all of them.

What this means for injury-on-duty pensioners can be best illustrated by recounting some of the experiences of our members.

We are told of swathes of personal information being lost or destroyed, including important records confirming entitlement to an injury pension.

We are informed of the opposite – of Staffordshire unnecessarily retaining huge quantities of sensitive personal financial and medical information relating to former officers, and in some cases, relating to third parties such as family members.

We hear of long delays in responding to Freedom Of Information Act requests.

We are notified of inaccurate information being held, and of very sensitive personal information being accessed by employees without the permission of the data subject.

 

The situation is so bleak within Staffordshire Police that some of our members have been compelled to make formal complaints to the Information Commissioner’s Office. It is our understanding that these complaints will reveal even more deficiencies in Staffordshire’s handling of personal information.

The ICO report advises, ‘The matters arising in this report are only those that came to our attention
during the course of the audit and are not necessarily a comprehensive statement of all the areas requiring improvement.’

IODPA believes that Staffordshire is only one of many forces who are failing in respect of data protection.

The Information Commissioner’s Office provides a valuable and important safeguard of injury-on-duty pensioners’ data rights and we applaud the ICO for its work and for bringing the deficiencies of Staffordshire Police into the light of public knowledge. The findings of the ICO’s initial audit are, we hope, a salutary wake-up call to Staffordshire and to all other forces who casually process so much personal information whilst starved of knowledge of data protection law.

CC Morgan cancelled today’s IOD meeting at Staffordshire Headquarters

CC Morgan cancelled today’s IOD meeting at Staffordshire Headquarters

We recently reported that Chief Constable Gareth Morgan had invited vulnerable pensioners to Staffordshire Police Headquarters to discuss the Police (Injury Benefit) Regulations 2006 and in particular Regulation 33.

He also rejected the offer for the pensioners legal representatives to attend in order to represent their clients.

We understand that the meeting scheduled for today was cancelled. We can only assume that there were no takers to his invitation?

 

 

If you didn’t see them, here are the original blogs –

https://iodpa.org/2018/07/13/chief-constable-morgan-sends-letters-to-vulnerable-pensioners/

and

https://iodpa.org/2018/07/23/cc-morgan-refuses-pensioners-legal-representatives-to-attend-a-meeting/

 

CC Morgan refuses pensioner’s legal representatives to attend a meeting

CC Morgan refuses pensioner’s legal representatives to attend a meeting

We recently published a letter sent by Chief Constable Morgan of Staffordshire Police to  pensioners in our blog found here – https://iodpa.org/2018/07/13/chief-constable-morgan-sends-letters-to-vulnerable-pensioners/

He invited pensioners who are currently subject to an ongoing review to meet him, so that he may discuss his obligation to make a determination under regulation 33 of The Police (Injury Benefit) Regulations 2006.

Any such determination under Regulation 33 is a legal decision and Mr Ron Thompson of Haven Solicitors who represents a number of the pensioners has quite rightly requested that he and his colleague Mark Botham be allowed to attend the meeting in order to represent his clients best interests.

Mr Morgan has refused to allow the vulnerable pensioner’s legal representatives to attend the meeting on their behalf on the basis that

 

…it was not not my intention for the meeting to be adversarial in any way.

 

We’ve been passed Mr Morgan’s response by one of the pensioners.

 

Morgan_letter_to_Ron

 

Chief Constable Morgan sends letters to vulnerable pensioners

Chief Constable Morgan sends letters to vulnerable pensioners

Chief Constable Morgan of Staffordshire Police today sent a letter to former police officers, all of whom are disabled, either mentally or physically.

These pensioners have been under review for a considerable amount of time and have to date fully complied with The Police (Injury Benefit) Regulations 2006 which govern them.

They have been sent this letter by Mr Morgan who has given them a week to comply.

Our advice is that these vulnerable and injured pensioners should politely decline his offer.

 

Morgan_letter

 

Watch out for a more detailed blog on this letter shortly.

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 unlawful 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.

Newsflash: Avon & Somerset Stops Reviews

Newsflash:  Avon & Somerset Stops Reviews

All injury on duty pensioners in Avon & Somerset have today received a letter from the, apparently outgoing, director of resources Julian Kern.  The letter says:

After careful consideration, the Avon and Somerset Police Pension Authority has decided not to progress with their automatic review process of injury on duty awards.

This is consistent with a number of other forces and we will not recommence these reviews until such time as there is a change in legislation and guidance from the Home Office.

The Police Pension Authority will however continue to support and facilitate any reviews requested by a pensioner (in accordance with the relevant statutory framework) to enable injury on duty awards to be adjusted to reflect any change to the degree of disablement, or relevant earnings capacity in accordance with regulations.

We understand that your review may already be in progress but have decided to stop these with immediate effect unless you advise us that you wish the review to continue. If this is the case you can contact us via email using the following email address: IODReviews@avonandsomerset.police.uk .
Yours sincerely
Julian Kern
CFO and Director of Resources

For three long years IODPA as been shouting about the illegality of the process conducted by this force as well Nottinghamshire, Merseyside, Northumbria and more recently Staffordshire.  It seems A&S have finally worked out that they could never be successful in buying a new vehicle fleet to the expense of those injured on duty and at last it has dawned on them that their legal costs would just keep on mounting.

Note that A&S do not admit having done anything wrong.

Gareth Morgan was the DCC of Avon & Somerset.  He has recently been appointed as the Chief Constable of Staffordshire.  We challenge Staffordshire to follow the lead of A&S and send out a similar letter.

We will continue to place pressure on all the above forces to make them comply with the Police Injury Benefit Regulations.

A and S stop review letter

 

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...