Derbyshire contemplating reviews?

View previous topic View next topic Go down

Derbyshire contemplating reviews?

Post by Beachcomber on Thu Mar 24, 2016 8:12 pm

Derbyshire Narpo have just circulated their 2015 Annual Report. In it there is a section headed 'Injury on Duty' which indicates that Headquarters are contemplating whether to resume reviews.

Apart from certain exceptions, the force hasn't carried out reviews since 2009, although IOD pensioners have been notified on a couple of occasions that reviews were to be recommenced.  Quite what the eventual policy will be is anyone's guess but it is highly likely that the aim will be to ease the forces's finances and the welfare of the IOD pensioner will not be much of a consideration. The force will apparently be looking at the overall health of the pensioner to apportion his or her 'overall work capability' as well as 'recognised changes in the employment field' in determining if there has been a substantial alteration in the pensioner's disability. One could be forgiven for thinking that it gives the force an awful lot of scope to manipulate the disability level to the minimum. Doubtless the force will claim that their policy is in accordance with the Regulations but we should take such claims with a pinch of salt.

Derbyshire collaborates with other forces in the region and it is likely that one force will test a policy or procedure and, if successful, others will adopt it. Reviews are going to start again at some point so perhaps the time has come for these forces to stop faffing about and 'bite the bullet'.  We will then have the opportunity to respond and react to whatever they have dreamed up. Not all IOD's will be able to challenge these reviews either because of age, infirmity or other reasons, but those who can must do so.

Derbyshire IOD's were present at the recent national IODPA/ADfPO meeting and were able to speak to the solicitors present. When reviews start we MUST challenge them through all the means at our disposal. It is only by subjecting the review policies and procedures to rigorous independent scrutiny that the whole IOD review issue is clarified and legality and fairness is ensured.  IOD's are reminded that we have a very experienced legal team available to help.
avatar
Beachcomber
Admin

Posts : 126
Join date : 2015-01-22

http://www.pipin.org.uk

Back to top Go down

Re: Derbyshire contemplating reviews?

Post by petew on Fri Mar 25, 2016 8:19 pm

Beachcomber wrote: The force will apparently be looking at the overall health of the pensioner to apportion his or her 'overall work capability' as well as 'recognised changes in the employment field' in determining if there has been a substantial alteration in the pensioner's disability.

Where do the regulations allow this or have we missed something? Sigh

petew

Posts : 3
Join date : 2015-10-11

Back to top Go down

Re: Derbyshire contemplating reviews?

Post by Beachcomber on Fri Mar 25, 2016 8:59 pm

The Narpo item says that the force is contemplating resurrecting reviews to comply with "latest Home Office guidance" - so we have missed something... Now I recall that some time back NAMF came up with some proposed 'guidance' which looks very similar to this. As we all know, NAMF 'guidance' has no statutory authority whatsoever. However that won't stop some forces applying worthless guidance and 'trying it on'.

There is something despicable going on here because a policy like this is sure to mean that they will target the weakest of our colleagues at a time when they are at their most vulnerable. It looks as though if an ex officer suffers a serious condition like a stroke, they will assess the effect on his/her earning capacity and only then will the effect of the index injury be applied. It is very likely that such a policy would result in reductions in IOD pensions for every IOD pensioner eventually as the individual suffers either serious illness, medical condition or a general decline in health associated with age. I don't think that was the intention of the legislators who formulated the Regulations.

The Narpo item also says that the force has a duty to keep existing injury pensions under review. This is something that we know - but why in actual practice, does this 'duty' only seem to be applied only to Bands two, three and four. Surely the same criteria should apply to 'all' injury pensions including those at Band One?

Nasty niff with this....
avatar
Beachcomber
Admin

Posts : 126
Join date : 2015-01-22

http://www.pipin.org.uk

Back to top Go down

Re: Derbyshire contemplating reviews?

Post by Jacksnipe on Sat Mar 26, 2016 2:28 pm

Beachcomber, Thanks for posting this up. Is it worth getting Ron Thompson to run his critical eye over same, afterall he is one of the foremost expert solicitors in this field and will be the lawyer of choice backed by Federation Funding for a future challenge if required. Forewarned is Forearmed !


Jacksnipe

Posts : 2
Join date : 2016-02-06

Back to top Go down

Re: Derbyshire contemplating reviews?

Post by Beachcomber on Sat Mar 26, 2016 4:32 pm

This is generating quite a lot of interest and discussion. The information in the Derbyshire Narpo Annual Report is not very precise. I know from speaking to Ron recently that he will be keen to assist Derbyshire IOD's and he will be appraised of the situation with Derbyshire as it develops. I will send a copy of the item to Ron - I have just had a little smile as I imagine his response.........
avatar
Beachcomber
Admin

Posts : 126
Join date : 2015-01-22

http://www.pipin.org.uk

Back to top Go down

Re: Derbyshire contemplating reviews?

Post by Adversity on Sun Mar 27, 2016 3:23 pm

GUIDANCE ON MEDICAL APPEALS UNDER THE POLICE PENSIONS REGULATIONS 1987 AND THE POLICE (INJURY BENEFIT) REGULATIONS 2006 SECTION 5 -a Government document- https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/117711/section-5.pdf


“More than one medical condition causing loss of earning capacity
24.
The simplest case of apportionment is where there are two separate causes of loss of earning capacity, each making a contribution to the loss. Where, for instance, a person is disabled partly on account of a medical condition occasioned by a qualifying injury and partly by another medical condition , the degree of disablement must be assessed on the basis of an apportionment of the disablement to take account only of the condition occasioned by the relevant injury”.

Can't argue with that-in black and white isn't it. Also chapter 20 of same document- “The SMP therefore needs to discount the effect of a non-qualifying injury and any other cause whether classified as an in jury or not - e.g. a non-duty injury, and injury received through default, or some other cause”.

Adversity

Posts : 30
Join date : 2015-01-30

Back to top Go down

Re: Derbyshire contemplating reviews?

Post by Urtica on Wed Mar 30, 2016 5:05 pm

Firstly, the Guidance you refer to is now several years old. It was first issued in 2006, and has hardly been amended since. I takes no account of several important High Court cases, and is thus seriously out of date. The HO gave up on issuing guidance on injury awards in 2010.

Secondly, part of this guidance was withdrawn at the same time the Annex C guidance was binned. To rational folk, but probably not to HR managers, that would seem to make the whole of the guidance suspect. Rather like when you catch a defendent out in a lie under oath - one lie makes the whole of the testimony unreliable. The guidance was issued by the same civil servant who put out the Annex C rubbish. That contained direct lies.

Thirdly, the section highlighted above relates only to the assessment of degree of disablement at the time when the injury award is granted.

It is unlawful to apply apportionment or revisit causation at the time of a review.

Fourthly, the ony task of the police pension authority, acting through the SMP, at review is to determine whether there has been any alteration in degree of disablement since the time of the last final decision. The SMP can not look at the whole health of the individual - he has to look only at the disabling effects of the duty injury and decide whether there has been any alteration. If the SMP looks at the whole medical picture he will be conducting an entirely fresh assessment of degree of disablement, which is unlawful.

Only if there is a substantial alteration in the medical condition - the disablement - resulting from duty injury can the SMP go on to advise the PPA that the injury pension can be revised. Note that if some new job has become available, which was not available at the time of the last final decision, and the individual is now able to do that job, it can be considered when revising the degree of disablement. In practice, this is very, very, unlikely to happen, as there is, in my view, no such thing as a completely new job. Every job demands the same old mental and physical abilities, no matter what you call it.

If Derbyshire are relying on the old HO guidance, or on the more recent guidance issued by the National Attendance Management Forum then they will face immediate and effective challenge, as both sets of guidance will lead them up the garden path and into the weeds and nettles of unlawfullness.

Derbyshire NARPO should talk this through with Ron Thompson.

Urtica

Posts : 43
Join date : 2015-01-24

Back to top Go down

Re: Derbyshire contemplating reviews?

Post by Jacksnipe on Sat Apr 02, 2016 8:50 am

Urtica, Your clear summary is much appreciated. Derbyshire regularly use weasel words(and worse) in most of their dealings with IOD's. They have on their side a naive/compliant/crony NARPO and on too many occasions in the not too distant past the same applies to the local Federation. They will have to be challenged in due course and this account will help focus minds.
Thank you.

Jacksnipe

Posts : 2
Join date : 2016-02-06

Back to top Go down

Re: Derbyshire contemplating reviews?

Post by Twix on Wed Oct 05, 2016 8:40 pm

Pipin 'News' reports that -

The latest Derbyshire NARPO Branch newsletter refers to a report being submitted to Head of HR for progression through the ranks with 2 options:

1. That only those officers below 70 years of age be reviewed.

2. Review those awarded injury 10 years ago, bearing in mind those only reviewed 3 years ago.



This looks very similar to the way that Notts are reviewing ex officers.  Does anyone have any further information?

Twix

Posts : 7
Join date : 2016-02-16

Back to top Go down

Re: Derbyshire contemplating reviews?

Post by Beachcomber on Wed Oct 12, 2016 8:12 pm

This development is not unexpected but until the reviews commence we won't know how Derbyshire intend to proceed. Such information that we have seems rather confusing and some of our members are very unsure about what the proposals actually mean.  

The review situation with Derbyshire has been somewhat confused and there appear to have been several policies put forward and considered over the past few years and this latest development could be a result of some regional policy.  

Derbyshire was a force that, back in the day, actually had an IOD review policy. IOD's had an annual review for the first five years following retirement which would usually culminate in the SMP recommending that the pensioner would not be reviewed again, and most cases, that was the case with pensioners not being called for review for many years - that is until the force adopted unlawful HO guidance and started reviewing again. Even that notorious guidance recognised the disproportionate effect of a reduction in banding on ex officers who were young in service and who had not enough service to build up a normal police pension and I believe that the old Police Authority accepted this point, I don't know if this ever filtered down and became part of the process or not.  

There have been a number of policies considered but never implemented by Derbyshire over the intervening years and this has led to enormous uncertainty and anxiety for ex officers and we have the situation where IOD's have been reviewed, told they would not face review again, then years later reviewed again, in some cases the IOD pension was reduced then reinstated following High Court cases which declared the guidance and subsequently the policies based on it to be unlawful. Then the force has dithered about for several years and is now reportedly considering further reviews, all of which continues to place an intolerable burden on pensioners.

One factor that has really come to the fore in the last ten years or so is the negative effect these reviews have had on the health and welfare of ex officers. It could never be described as fair treatment and, for many, injury on duty has become a punishment, not just from the everyday pain and aftereffects of their injuries but from intolerable anxiety of these reviews designed to benefit force finances to the detriment of ex officers. We have dedicated officers injured in the course of their duties  protecting the public who have suffered far more than the criminals who in many cases have caused their injuries.

We will have to wait to see what happens, although given the history of reviews in this force IOD's are bound to be suspicious of the force's intentions. We can only make an assessment when reviews start.  Most IOD's will now be aware of our legal team and will know how approachable our solicitors are.  Anyone who has attended meetings of IOD bodies will know that our solicitors are prepared to challenge any injustice and will always be prepared to give advice.

When these reviews commence our legal team will be able to advise and proceed in the appropriate manner to clarify legal issues and challenge where necessary.
avatar
Beachcomber
Admin

Posts : 126
Join date : 2015-01-22

http://www.pipin.org.uk

Back to top Go down

Re: Derbyshire contemplating reviews?

Post by Mercury on Sun Oct 23, 2016 7:49 pm

This force was one of those who participated in the HOC46/2004 pogrom against its injured ex officers. There were unconfirmed suggestions a while ago that they saw nothing wrong with continuing using average earnings as a comparator.  Some IOD's from this force think it is likely to 'try it on' and introduce a review policy based on what they think they can get away with. The 'Wheeltappers and Shunters Social Club (Not A Realistic Pensioners Organisation) are unlikely to be much help.

Mercury

Posts : 6
Join date : 2015-01-22

Back to top Go down

Re: Derbyshire contemplating reviews?

Post by Beachcomber on Wed Oct 26, 2016 8:17 am

Narpo are our official representatives but lack the means to act effectively on the behalf of it's IOD members. Effective representation requires resources which the organisation doesn't possess. We are grateful for the efforts of those Narpo members and branches who do try to help IODs but it is a daunting task which requires stamina and commitment. Ideally, it would be so much more effective if the people actually handling IOD matters were IOD's but it is not an ideal world and the people who are permitted to discuss these issues with HR depts in forces are unlikely to have experienced the maladministration that we have had to endure. Forces like Derbyshire have earned the mistrust of IOD's and unfortunately non - IOD representatives may be more trusting and therefore more susceptible to manipulation and acceptance of policies which are detrimental to our entitlements under the Regulations.

IOD's have been forced to act on their own behalf because official representation was generally not fit for purpose. IOD's now have their own organisation which is growing in strength and capability. perhaps one day it will be able to take on the mantle of being the official body for representation of IOD ex officers.

We won't know how Derbyshire intends to proceed until they start reviews and we don't know if the local branch has been able to influence the policy in any way - there doesn't appear have been any consultation with IOD members that we are aware of.

If there are any IOD's who do not already know, the fact that a force introduces an IOD policy which they claim has been produced with staff association consultation does not make it right, legal or legitimate. Only when the policy has been thoroughly measured and tested independently through legal process can it be deemed acceptable and we must ensure that we respond with robust challenges where needed.
avatar
Beachcomber
Admin

Posts : 126
Join date : 2015-01-22

http://www.pipin.org.uk

Back to top Go down

Re: Derbyshire contemplating reviews?

Post by Sponsored content


Sponsored content


Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum