26th April 2018.
Our legal team have won another very important Judicial Review against Cheshire Constabulary in the Manchester Administrative Court on the 14th March 2018. This case centres around whether an SMP who is considering an injury award can revisit the same questions already answered during the ill-health retirement process. Mr Justice LANE quashed the decision of the PMAB stating "police officers who are required to retire on the grounds of permanent disablement are entitled to a degree of finality in respect of their entitlement to pensions. A police officer who has to retire as a result of what is then considered to be permanent disablement caused in the line of duty should not be at the mercy of a subsequent medical assessment, that he or she was not, in fact, permanently disabled".
Press Release from Haven Solicitors.
The latest news from Derbyshire NARPO regarding IOD reviews is that the force still don't have plans to implement a programme.
Members of IODPA are reminded that the next national conference will take place on 21st October, local meetings will be held when necessary in those force areas where reviews are being conducted. For further details please contact IODPA.
18th March 2018.
There is an important Employment Tribunal currently underway in Northumbria regarding a Northumbria IOD. This item from the Newcastle Chronicle gives the background:
"Hero bobby fighting to stop Northumbria Police reviewing his injury payout"
The Chief Constable of Essex has responded to a letter from Essex Narpo re the force's decision to start reviews:
Letter from Essex Chief Constable
25th February 2018.
IOD's representing eighteen UK police forces attended today's IODPA Conference. As expected, there was plenty to discuss, especially regarding the ongoing situation in Staffordshire and Essex, where review notifications have been sent out. There were updates on other forces and discussions on a number of subjects including Regulation 37, data issues, employment tribunals and audio recording of reviews. Solicitors from the legal team were present throughout the weekend and conducted a question and answer session as well as providing advice, guidance and opinion on a variety of pertinent issues.
23rd February 2018.
An initial three day Employment Tribunal hearing brought by a group of Avon & Somerset IOD's against their force has concluded today with the case going forward to a full trial, expected to last two weeks, in October. This is an important issue which affects all IOD's
16th February 2018.
The Pensions Ombudsman has released the latest IOD related determination - PO-17071 . Although this has resulted in a negative outcome, it is just one aspect of a number of areas of complaint made by our IOD colleague which have had greater success.
1st February 2018.
Essex Narpo have issued sound advice for those Essex colleagues who are facing review.
Essex Narpo Advice
There is considerable concern about the way that the force has embarked on this review programme apparently without regard for recent developments. We are all particularly concerned that the questionnaire / consents form which the force requires it's IOD pensioners to complete is highly intrusive and outrageous. The force also appear to be attempting to mislead pensioners by misrepresenting the Regulations in their letter which warns that: a "procedure where a pensioner willfully or negligently fails to submit him/herself for medical examination or attend interviews / completion of review questionnaire as the pension authority consider necessary". The Regulations actually say: 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".
The force appear to be trying to gain compliance through fear and IOD's should not be intimidated. Very good advice is available through IODPA and the legal team.
IODPA advise members that the Conference on 25th February is now fully subscribed. for further details; email@example.com.
18th January 2018.
We are informed that Essex Police have decided to commence IOD reviews.
8th January 2018.
The next IODPA national conference will be held on 25th February and the association advises that only a few places remain. Any members who have not registered and wish to attend should contact firstname.lastname@example.org without delay. The conference venue is at a central location with good motorway access. Three solicitors from the legal team have already confirmed that they will be attending.
Please contact IODPA for further information.
5th January 2018.
The Pensions Ombudsman has published the latest IOD determination in which an Avon and Somerset IOD pensioner has had the complaint partly upheld.
PO-12007 Mr S. 20th December 2017.
Staffordshire have apparently contacted some IOD’s who have received Subject Access Reports (SAR) seeking the return of documentation. Quite why this is occurring is not yet known but this move has caused concern among affected IOD’s.
1st January 2018.
As we start the New Year it is worthwhile to take a look back at 2017.
2017 saw a number of IOD issues clarified through successful challenges in the Courts and official bodies like the Information Commissioners Office. These clarifications include issues such as police pay comparator/ uninjured earning capacity and the provision of medical records and personal data. In some respects the situation appears to have become more complex and a further important development was the ruling that IOD pensions are an occupational pension in relation to the Equality Act 2010. Our legal team, including David Lock QC, have provided advice and opinion on a number of aspects of the IOD situation.
IODPA has continued to evolve rapidly and 2017 saw it gain full charitable status. IODPA is very proactive, supporting IOD's and defending our pensions. Although it is still early days the organisation is trying to introduce innovative support and services that have not been available elsewhere . IODPA has held two very successful national conferences in 2017 as well as a number of local support meetings in areas where review programmes are underway.
2017 saw reviews carried out in some force areas with Staffordshire starting their controversial programme late in the year. Part way through the programme, their SMP withdrew his services abruptly and we await news of how the force intends to continue its planned reviews for early in the New Year. We can expect other forces to introduce review programmes which are likely to consist of reworking previous failed policies and Police Pension Authorities (Chief Constables) will always claim that their process is lawful, fair and in accordance with the Regulations. The purpose of the Regulations is to ensure that the pensioner receives the correct level of pension, not, as the PPA's seem to think, the lowest level of pension! Our forces will probably also continue to perpetuate the erroneous notion that our opposition to their review policies is based on a few disgruntled ex officers!.
Our response will follow the established lawful route of appeals to PMAB and the Administrative Courts coupled with the possibility of other legitimate appropriate avenues and it is our response that will ultimately determine the correct interpretation of the Regulations.
As other forces start reviewing can expect contact from previously unaffected IOD's who will have access to good legal advice straight away from our legal team on our rights and responsibilities in relation to the Regulations and issues such as the correct response to intimidating demands for medical records and unnecessary personal information which are not required under the Regulations.
It was intended to assimilate PIPIN into IODPA in 2017/18 but there has been an upsurge in interest and the web site will continue to operate independently for as long as it is required. The popularity of the IODPA secure forum has resulted in a considerable reduction in participation on the PIPIN forum. It would appear that participants understandably prefer the more secure platform. Therefore if usage remains low, the PIPIN forum will be closed.
PIPIN wishes all IOD's and our supporters a very successful New Year.