Pipin News 2010.
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13th December 2010
The Northern Ireland Justice Department Review of Police Injury Award Arrangements (Final Report of Review Panel) dated 30th September 2010 is now available. This review was undertaken as a result of serious public concern when the way injured former officers had been treated was highlighted in the BBC’s Nolan radio programme. Please note that the publication date precedes the announcement of the ‘Laws’ decision. Click Here Thanks to EC for this item 20th November 2010 We are still no further on at present. We understand that some of our colleagues are anxious to press ahead with appeals etc. and the Police Authorities all seem to be waiting for the revised Home Office advice to be issued. The Home Office, in recent correspondence, confirm that they considering the implications of the Court of Appeal’s judgement in the ‘Laws’ case. They are unwilling to suggest when the revised guidance might be made available. The Home Office have commented to one of our members: “The relevant Regulations give discretion to police authorities in these matters. Police authorities are not bound by Home Office guidance on this nature, although such guidance would clearly be intended to give authorities an appropriate point of reference to promote consistency, etc. However, such guidance is not intended, and does not have the effect, of fettering police authorities’ discretion provided for in the Regulations.” Does the wording of the above paragraph indicate a subtle change in attitude, echoing recent cases where the Regulations have prevailed over the guidance issued by the Home Office in its circular 46/2004? It also gives an insight into how the Home Office places the responsibility firmly with Police Authorities in this matter. 4th November 2010 We understand that updated guidance from the Home Office was not available at the National Attendance Management Forum earlier this week. It is now expected to be available, according to one police authority, either late this year or early next year. 27th October 2010 Our Devon and Cornwall representative informs us that his force have now written to all it’s IOD pensioners regarding the DWP information that other forces requested earlier this year. The letter adds : ' We are currently awaiting instructions from the Home Office on possible changes to the review of injury pensions and these changes may affect the circumstances in which it is appropriate to undertake medical reviews. Once again, as soon as we have more information we will advise you of how such changes may affect you'. It is interesting that the author of the letter who describes herself as an 'Employee Relations Specialist' seems to be of the impression that the Home Office Circular will contain instructions, whereas the Home Office have been at great pains in the past to impress upon all and sundry that their circulars are not mandatory but simply advisory. Thanks to Peter and Bruce for this circulation. 21st October 2010 One of our colleagues reports that his Police Authority have informed him that, following the recent ‘Laws’case, the matter is expected to be discussed at a national forum on 1st November and that the Home Office is likely to issue further advice to P.As shortly afterwards 13th October 2010. The Judgement in the ‘Laws’ case has been announced this morning. The appeal was dismissed. Thus, the significant original decision in this case stands. The principles of Turner, Pollard and others are reinforced. Click here to download the Judgement 12th October 2010 The Judgement in the Laws case is scheduled for tomorrow 13th Oct. (Thanks to Bruce for this information) 8th October 2010 The Northern Ireland Department of Justice has now completed its report on Police Injury on Duty Award arrangements. 5th October 2010 This update is really just to show that we are still active! The network ‘grapevine’ has been very quiet and there hasn’t been much to report since the review process was suspended in March pending the appeal of the ‘Laws’ case. The appeal was heard back in June and we are told that we can expect the decision to be handed down and published this month. This result will be significant and will shape the future of the Home Office policy on IOD pensions, it should clarify the legality (or otherwise) of some aspects of this policy. There are PMAB appeals waiting to be heard, we also have the Home Office ‘review’ which has also been ‘on ice’ pending the ‘Laws’ outcome. . 12th August 2010 We are informed of a new decision which has gone in favour of an ex officer who had been reduced from Band 2 to Band 1 on reaching the age of 65. The IOD pensioner has successfully appealed and below is a small extract of the decision: “It is quite clear to the Board that irrespective of a pensioner's age the Regulation requires any change in degree of disablement to be as a result of a change in the earning capacity being affected by the injury received in the execution of duties. This does not appear to the Board to allow age related comparator change on the assumption that once an individual his normal retirement age he no longer has the earning capacity that he previously enjoyed the day before. Additionally the Board find the Police Authority's argument that new jobs have been found that would suit the Appellant to be very unconvincing. To the Board's mind, even if the availability of a new job could be regarded as a reason to support a significant change in earning capacity, the jobs described by the police authority in this case do not appear to be genuinely new. The Board believe the Appellant is right to argue that the job content is essentially generic and that broadly similar jobs will always have been available for the Appellant. In order for this argument to be”convincing, 2nd July 2010The Initial Report on the Review of Police Injury Award Arrangements in Northern Ireland has been published 26th May 2010 The Northern Ireland Justice Department has announced an urgent review of Police Injury Pension arrangements. Click Here Thanks to EC for this item Record of the NI Justice Dept. proceedings 21st May 2010 BBC Radio Ulster have devoted the whole of it’s Nolan Show to the issue of IOD pension cuts. The whole one and a half hour show will be available on BBC I player.for the next seven days (28.05.10. This item is no longer available on I player). 10th April 2010 Everything appears to be quiet at the moment, no doubt awaiting the outcome of the ‘Laws’ appeal. However, I am sure that there is activity going on in the background. You may have noticed that there is going to be an election shortly and the NARPO web site has published an ‘Election Issues’ document on it’s Press Release section. 11th March 2010 The Home Office have issued interim advice to Police Authorities on IOD reviews. Click Here to view the document. February 2010 Last week the Rt Hon. Bob Ainsworth MP, the Secretary of State for Defence put before Parliament the scheme which should be implemented within the next 12 months. The Guaranteed Income Payment (GIP) mentioned equates to our IOD pension. GIP is payable for life and there is no reduction in the GIP once a person reaches 65 years and gets the State pension. South Wales Appeal Success. Please click here for information on this case (from the NARPO web site) Northumbria Update Apparently Northumbria are going ahead and pursuing PMAB hearings for all 27 cases held up in the log jam. It is said 5 appeals have been successful to date and all other appellants are to be given dates from April onwards for their hearings. Northumbria PA appear to be taking on every pensioner even though Northumbria PA have fallen foul of the initial procedure by automatic reduction to Band 1 having attained age 65 years. 27th January 2010 Thanks to our colleagues in West Yorks for informing us of a new successful appeal by an 83 year old pensioner against reduction to Band 1. Click Here (NARPO web site) 11th January 2010 We now have details of the PMAB decision referred to below: Click Here (NARPO web site) |
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