Deductions from Police Injury On Duty Pensions

James Godfrey made this Rhyddid Gwybodaeth request to Essex Police

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Roedd y cais yn llwyddiannus.

Dear Essex Police,
With reference to the judgement in the case of Evans and Ashcroft v Chief Constable of South Wales (2018), where it has come to light that many forces may have been deducting too much from police injury pensions since 2010 for those in receipt of certain benefits.

Can you please provide me with the following information?

1. The number of Essex Police Pensioners affected by the judgement?
2. If any work has been carried out to conform to the judgement?
3. Have the affected Essex Police pensioners been made aware of the requirement to repay the value of these over deductions by the force?
4. The estimated cost value of the repayments to Essex Police?
5. The anticipated date when these repayments will be made to those affected?

Thank you for giving this matter your attention.

Yours faithfully,

James Godfrey

Info Rights Freedom Essex, Essex Police

1 Atodiad

Link: [1]File-List
Link: [2]Edit-Time-Data

Thank you for your enquiry which has been logged under the above
reference. 

 

Under the Freedom of Information Act we are required to reply within 20
working days.  The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit.  However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature. 

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part.  The exemption at Section 14 may be
engaged if the burden on the authority is increased through multiple
requests on differing subjects.

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests.  Further
information can be found on the Commissioner’s website at
[3]www.ico.gov.uk, specific information relating to submitting a request
can be found at: 
[4]https://ico.org.uk/for-the-public/offici...

 

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request.  Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Although every effort will be made to ensure a response is provided within
statutory deadlines, due to current circumstances, delays may be
unavoidable.  We apologise for any inconvenience and will endeavour to
process your request as quickly as is practicable.

 

Kind regards

 

 

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Telephone: 01245 452647 | Email: [5][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests:
[6]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [7]info.rights.freedom@essex. police.uk

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

 

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police.

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [8]https://ico.org.uk/

 

 

 

dangos adrannau a ddyfynnir

Info Rights Freedom Essex, Essex Police

2 Atodiad

Thank you for your enquiry which has been logged under the above
reference.

 

In respect of your request, Section 1 of the Freedom of Information Act
2000 (FOIA) places two duties on public authorities. Unless exemptions
apply, the first duty at Section 1(1)(a) is to confirm or deny whether the
information specified in a request is held. The second duty at Section
1(1)(b) is to disclose information that has been confirmed as being held.
Where exemptions are relied upon Section 17 of FOIA requires that we
provide the applicant with a notice which: a) states that fact b)
specifies the exemption(s) in question and c) states (if that would not
otherwise be apparent) why the exemption applies

 

1.         The number of Essex Police Pensioners affected by the
judgement?

2.         If any work has been carried out to conform to the judgement?

3.         Have the affected Essex Police pensioners been made aware of
the requirement to repay the value of these over deductions by the force?

4.         The estimated cost value of the repayments to Essex Police?

5.         The anticipated date when these repayments will be made to
those affected?

 

The local government pensions scheme is a defined benefits scheme
administered by Essex County Council, the scheme is funded and investment
assets built up to meet future pensions liabilities. There are three
schemes in operation which feed into the Police Officer fund.

 

Having completed enquiries within Essex Police and in respect of Section
1(1)(a), Essex Police does hold some information relating to your request,
under Section 1(1)(b), please visit the following
[1]https://www.essex.police.uk/SysSiteAsset...
which provides some detail, otherwise if you do need a more specific
information I would suggest that it may be beneficial to contact Essex
County Council as the administrators of the fund through the FOI route.

 

 

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Telephone: 01245 452647 | Email: [2][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

 

Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.

Please visit this area of our website before submitting FOI requests as
information may already be available.

https://www.essex.police.uk/foi-ai/af/ac...

 

 

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests: 
[3]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [4][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.      

 

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner.  Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police.

 

The Information Commissioner can be contacted at:  Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [5]https://ico.org.uk/.

 

 

 

 

 

From: Info Rights Freedom Essex
Sent: 01 July 2020 07:59
To: 'James Godfrey' <[FOI #673571 email]>
Subject: RE: FOI 14573 Deductions from Police Injury On Duty Pensions

 

Thank you for your enquiry which has been logged under the above
reference. 

 

Under the Freedom of Information Act we are required to reply within 20
working days.  The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit.  However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature. 

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part.  The exemption at Section 14 may be
engaged if the burden on the authority is increased through multiple
requests on differing subjects.

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests.  Further
information can be found on the Commissioner’s website at
[6]www.ico.gov.uk, specific information relating to submitting a request
can be found at: 
[7]https://ico.org.uk/for-the-public/offici...

 

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request.  Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Although every effort will be made to ensure a response is provided within
statutory deadlines, due to current circumstances, delays may be
unavoidable.  We apologise for any inconvenience and will endeavour to
process your request as quickly as is practicable.

 

Kind regards

 

 

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Telephone: 01245 452647 | Email: [8][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests:
[9]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [10]info.rights.freedom@essex. police.uk

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

 

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police.

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [11]https://ico.org.uk/

 

 

 

dangos adrannau a ddyfynnir

Dear Essex Police,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Essex Police's handling of my FOI request 'Deductions from Police Injury On Duty Pensions'.

The Chief Constable for Essex is also the Police Pension Authority for Essex and as such, I consider it to be a reasonable request for the information requested to be supplied.

The link and information offered in your response does not answer my FOI questions, which are not excessive and have been answered simply by other forces from which the information was requested.
Please review your response.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...

Yours faithfully,

James Godfrey

Info Rights Freedom Essex, Essex Police

1 Atodiad

Link: [1]File-List
Link: [2]Edit-Time-Data

Good morning Mr Godfrey

 

Essex Police is in receipt of your complaint to FOI request 14573
regarding the Deductions from Police Injury On Duty Pensions.

 

Essex Police will conduct a review as requested.

 

As you will be aware, the Information Commissioner's guidance for reviews
held under Section 50 of the Act is that they should be completed
within twenty working days of receipt of the complaint (unless exceptional
circumstances arise in which case the authority may extend the deadline by
a further twenty days) this will give a deadline of the 27 August 2020.

 

As advised in our reply, if you are not content with the outcome of the
review, you have the right to apply directly to the Information
Commissioner for a decision.  The Information Commissioner can be
contacted at: Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire, SK9 5AF or via [3]http://www.ico.gov.uk/

 

We will write again by that date.

 

Kind regards

 

 

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Telephone: 101 | Email: [4][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

 

Information Management aspires to be: Helpful, Inclusive & Professional

 

Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.

 

Please visit this area of our website before submitting FOI requests as
information may already be available.

 

[5]https://www.essex.police.uk/foi-ai/af/ac...

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests:
[6]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [7]info.rights.freedom@essex. police.uk

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

 

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police.

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [8]https://ico.org.uk/

 

 

 

dangos adrannau a ddyfynnir

Info Rights Freedom Essex, Essex Police

2 Atodiad

Thank you for internal review request, please accept our apologies in
relation to the delay in responding to this request.  Further review of
this request has been made together with ECC pension administration and
the following revised response can be issued.

 

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities. Unless exemptions apply, the first duty at Section
1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at Section 1(1)(b) is to disclose
information that has been confirmed as being held. Where exemptions are
relied upon Section 17 of FOIA requires that we provide the applicant with
a notice which: a) states that fact b) specifies the exemption(s) in
question and c) states (if that would not otherwise be apparent) why the
exemption applies.

In respect of your original enquiry and review request under Section
1(1)(a), Essex Police does hold information relating to your request,
Essex Police can confirm in respect of Section 1(1)(b) the following data.

We have taken the term of repayment as a reference to the payment which
Essex Police needs to make to the member.

1.         The number of Essex Police Pensioners affected by the
judgement? 79

2.         If any work has been carried out to conform to the judgement?
Yes - 284 injury cases have been assessed and 79 are deemed to be directly
impacted by the judgement. 63 cases have been settled (a further 6 are due
to be settled 1^st October 2020). For the remaining cases, these are
either waiting to be processed or checked; or awaiting further information
from the member.

3.         Have the affected Essex Police pensioners been made aware of
the requirement to repay the value of these over deductions by the force?
Members who are in scope have been / are being written to directly,
outlining the injury pension arrears sum due; and any changes to their
injury pension moving forward.

4.         The estimated cost value of the repayments to Essex Police? The
total arrears settled to date is £25,320.30 with an average settlement per
case of £401.91.

5.         The anticipated date when these repayments will be made to
those affected? 63 have already been settled. A further 6 are due to be
settled 1^st October 2020. It is expected that the remaining cases will be
settled before the end of 2020, although this is partly reliant of
receiving additional information from members concerned.  

 

Thank you for your interest in Essex Police

Kind regards,

 

 

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Email: [1][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

Information Management aspires to be: Helpful, Inclusive & Professional

Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.

Please visit this area of our website before submitting FOI requests as
information may already be available.

[2]https://www.essex.police.uk/foi-ai/af/ac...

 

 

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests: 
[3]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [4][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.      

 

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner.  Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police.

 

The Information Commissioner can be contacted at:  Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [5]https://ico.org.uk/.

 

 

 

 

 

From: Info Rights Freedom Essex
Sent: 30 July 2020 08:14
To: James Godfrey <[FOI #673571 email]>
Subject: RE: FOI 14573 Deductions from Police Injury On Duty Pensions
INTERNAL REVIEW

 

Good morning Mr Godfrey

 

Essex Police is in receipt of your complaint to FOI request 14573
regarding the Deductions from Police Injury On Duty Pensions.

 

Essex Police will conduct a review as requested.

 

As you will be aware, the Information Commissioner's guidance for reviews
held under Section 50 of the Act is that they should be completed
within twenty working days of receipt of the complaint (unless exceptional
circumstances arise in which case the authority may extend the deadline by
a further twenty days) this will give a deadline of the 27 August 2020.

 

As advised in our reply, if you are not content with the outcome of the
review, you have the right to apply directly to the Information
Commissioner for a decision.  The Information Commissioner can be
contacted at: Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire, SK9 5AF or via [6]http://www.ico.gov.uk/

 

We will write again by that date.

 

Kind regards

 

 

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Telephone: 101 | Email: [7][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

 

Information Management aspires to be: Helpful, Inclusive & Professional

 

Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.

 

Please visit this area of our website before submitting FOI requests as
information may already be available.

 

[8]https://www.essex.police.uk/foi-ai/af/ac...

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests:
[9]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [10]info.rights.freedom@essex. police.uk

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

 

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police.

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [11]https://ico.org.uk/

 

 

 

dangos adrannau a ddyfynnir