Pipin News & Comment.
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14th April 2019.
The Pensions Ombudsman has made a number of IOD related determinations over the last decade or so and has ruled in favour of the pensioner in a high percentage of cases, (see our PO Determinations page for list of determinations). In the latest determination, the PO has decided against an Essex pensioner who has failed to obtain an injury award. The PO decision can be downloaded from the link below: PO - 11718. 10th April 2019. The Leeds Crown Court has ruled that Angie McLoughlin, a former police officer with the West Yorkshire Force, should be paid her full injury pension dating back to 1984 after her award was upgraded from a Band 1 award to a Band 4 award. As the Judge noted in her judgment, this claim will have consequences for many other former police officers who have their pensions adjusted due to incorrect awards. The court verdict will result in a substantial back payment of unpaid pension monies for Mrs McLoughlin - Press Release The judgement can be downloaded from the link below. This is a very important and interesting case and study of the judgement is recommended. Our congratulations to Angie McCloughlin and, once again, our thanks to the David Lock QC and Ron Thompson of Haven Solicitors. Judgement - ANGELA McLOUGHLIN and THE CHIEF CONSTABLE OF WEST YORKSHIRE 29th March 2019. The Derbyshire NARPO Annual Report 2018 carries this item from the Secretary under the heading 'Injury on Duty'. "The latest news is that they still don't have any plans to implement a programme. As soon as they do, I will let you know". The inference is that the force intend to commence a review programme at some future date. When that time comes it will be necessary to scrutinise the policy and procedure to ensure that the Regulations are strictly adhered too and, where challenges are required, to pursue matters through the appropriate channels. A number of Derbyshire IOD's are already members of IODPA and the organisation will provide the necessary assistance and legal expertise when required, therefore it is in the interest of all IOD's to become members. 28th February 2019. Our legal team applied for an injunction regarding the IOD pension reductions made by Staffordshire Police resulting from the PPA's interpretation of Regulation 33. IODPA report that Staffs Police have conceded the Injunction application and no reductions will be made until after the full Judicial Review, however, if the JR should be unsuccessful, reductions could be backdated. 24th February 2019. Are police officers mere cannon fodder to be discarded without regard when injury and ill health result from their duties? Your attention is drawn to this item from the Mail on Sunday: Homeless Police Officer - Mail on Sunday 24.02.2019 We should all be very concerned. We should also never forget the tragic case of Adrian Bill. See also this story from Big Issue: Homeless ex-policeman Russell Monk on how, like many others, he has fallen through the cracks of a broken system 13th February 2019. This item 'Police shortages: 'Working alone left me with PTSD' from the BBC today reports that a Police Federation of England and Wales (PFEW) survey found nearly 90% of officers say they are under-staffed. PTSD is the cause of many injury on duty retirements and officers and ex officers suffering from this and similar conditions have found membership of our own IOD Charity has helped. Further information on Police Charities is available from this list Police Charities (it is noted that IODPA does not yet appear on this list.) Our members may also be interested in information available on the Police Federation Survey Hub 2nd February 2019. Following his decision late last year to invoke Reg.33 on seventeen IOD's, we understand that the Chief Constable of Staffordshire has now informed those ex officers of the reassessment of their IOD pensions. We further understand that the decisions involve reductions, although we are not aware of the details. As IOD's we are only too aware that the administration of IOD pensions is rotten to the core. IOD's are forced to defend their entitlement to the correct level of pension and they will continue to do so. This particular issue is but one aspect of in a wider scenario and it is indicative of the attitude that prevails in some police forces who treat their own injured officers worse that the criminals who, so often, have been the cause of those injuries. This particular Chief Constable has decided to pugnaciously progress this issue and the lawyers from the IOD legal team will defend it through the appropriate process. 19th January 2019. The Thames Valley Police (TVP) NARPO newsletter announces that the force intend to start reviewing ALL of its IOD's. 'at the behest of the Home Office'. It is stated that this will not be a money saving exercise and the Regulations will be complied with. As more detail becomes available, we will be able to make a more informed assessment but It is hoped that this will be a fresh approach and has been positively received by the IOD representative organisation IODPA. IOD reviews are always very stressful for recipients but IOD's are not opposed to fairly conducted reviews which comply with the Regs. Naturally, given the recent history of IOD reviews, there will be some scepticism and each aspect of the policy and process will be closely observed and, if necessary, tested through the appropriate channels. Perhaps this development may be the way ahead but, after the way so many forces have treated us (and in some force areas, continue to treat us) trust will have to be earned. TVP IOD's who are not already members will find it beneficial and reassuring to contact IODPA, a charity for IOD's, run by IOD's. TVP NARPO Newsletter. 1st January 2109. 2019 opens very much like 2018 with the situation in Staffordshire dominating events. The mass review programme which started in 2017 saw three SMP's come and go. IOD ex officers took sound legal advice to establish their responsibilities under the Regulations, attended the review interviews and cooperated to the level demanded by the Regulations.. As we are only too well aware, our compliance with the Regs does not satisfy the demands of the Police Pension Authority (PPA) and IOD's believe they have fulfilled their obligations with the Regulations as they are written, not as the PPA would like them to be written! As a consequence, the Chief Constable, in his role as PPA, has recently written to a number of our colleagues informing them that he was invoking Regulation 33 with the intent of reducing their IOD pensions. This move has been widely seen as an attempt to intimidate or bully pensioners into complying with the PPA's unwarranted demands. Hopefully, in 2019, we should see this issue examined and resolved in the Administrative Court. Some in authority may claim that their problems with IOD's result from a small minority of disgruntled troublemakers. Fortunately, it is easy to dispel this myth and the truth of the matter is plain. IOD ex officers did not cause the problem and the responsibility lies completely with the authorities who have subjected IOD's, often very vulnerable IOD's, to underhand and unlawful procedures aimed at reducing pension expenditure. We have experienced abusive policies based on unlawful guidance, dubious legal advice, medical reviews skewed to favour the authorities finances, not to mention intimidating practices, demands for unnecessary and unwarranted personal data etc. Against this background, for more than a decade IOD's have been forced to defend their pensions, this is not a case of a few individuals being stroppy or difficult – this is a very important subject which has a major impact on the lives of injured ex police officers. Anyone who doubts this can find the truth by studying the findings of important High Court cases and Pensions Ombudsman determinations on the subject of IOD pensions, reviews and administration. Links to many of these cases are available on this web site. IOD's have been forced to organise themselves and it is very much in the interest of any IOD officer or ex officer to become involved with IODPA, the dedicated IOD support charity.. When the PPA decides to conduct a review, it cannot be relied upon to act in the interests of the officer/ex officer, quite the contrary. It is up to the individual to defend their IOD pension and IODPA is the organisation capable of effectively supporting that defence. The current situation in Staffordshire is but a single issue in an increasingly complex arena. Once this genie was let out of its bottle, it is unlikely ever to return. PIPIN wishes all IOD's success in the coming year. |
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