Dear West Midlands Police and Crime Commissioner,
I note that the PCC has the responsibility and authority to request the forfeiture of part of the pension payments due to officers if they manage to retire before being dismissed,with the first recorded forfeiture on your website being decision 021-2018,Officer Allan Richards jailed in November 2016 for 21 years after conviction for multiple sex offences against children, but who managed to take an untouchable lump sum and only had a forfeiture penalty of 50% of his remaining police pension.There are two other forfeitures recorded, 002-2019 p.c Tahsib Majid,retired prior to his 15 year jail term for drug dealing,30% forfeiture, and 003-2019 p.c Wahid Husman,retired prior to his 16 year jail term for drug dealing,30% forfeiture 30% forfeiture approved by the PCC.
In each case it has taken well over 12 months after conviction before the decision of the Pensions Advisory Committee has been concluded,presumeably allowing the offenders to collect their full pension during the delay.
I note that recently an officer,Lee Bartram,was apparently sacked despite avoiding a prison sentance for indecent images of children, and the media reported "The process to strip Bartram of his police pension has also begun".
https://www.expressandstar.com/news/crim...
From the taxpayer`s perspective these issues of police pension are confusing and I would appreciate clarification, either within the the strict terms of FOIA or treated as request for general information.

FOI Q1.Does the pension forfeiture process(PFP) officially begin by the OPCC requesting proceedings from Nick Hurd,Minister of State for policing and fire and, if so,how many PFP requests have been made on a monthly basis from November 2016 until June 2019?
FOI Q2.The Police Pension Regulations 2005 state a forfeiture must not be greater than 65% of the remaining pension,in recognition of the employee`s own contributions,which cannot be subject to forfeiture.I am unaware of the generosity of the police pension scheme, please advise how the non-contributed 65% of pension is made up to help understand if some of it is protected and why only a 30% forfeit was imposed for the organised drug dealing officers who operated for years before discovery.
FOI Q3.Officer Lee Bartram was sacked in February 2019,please advise the date a request for a forfeiture proceedings was received from the Chief Constable,please advise the date the request was forwarded to the Home Office for Mr Hurd`s approval,and please advise the date a response,if any,has been received from them.Obviously the final notification from the Home Office will be a signed document,but please confirm if the preceeding correspondence trail is by way of email or post.

Thanking you in anticipation.
Yours faithfully,

Dennis Fallon(BScHons)

West Midlands Office of the Police and Crime Commissioner, West Midlands Police and Crime Commissioner

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Benjamin Johnson, West Midlands Police and Crime Commissioner

5 Attachments

Dear Mr Fallon,

Thank you for your request, please find attached your response.

Kind regards

Ben Johnson
Business Support Officer

West Midlands Police & Crime Commissioner
Lloyd House
Colmore Circus Queensway
Birmingham
B4 6NQ

Tel: 0121 626 6060
Int: 801 6035

Web: www.westmidlands-pcc.gov.uk
Twitter: @WestMidsPCC
Facebook: www.facebook.com/WestMidsPCC

Keeping your personal information safe and secure is a priority for us. We have updated our Privacy Notice in line with the new data protection regulations (GDPR), and we have made it easier for you to understand all the information we collect and why we collect it. To find out more about how we use your personal information please look at our PRIVACY NOTICE

show quoted sections

Dear Benjamin Johnson,
Unfortunately, your response contains some incomplete or confusing information that requires clarification,and I would appreciate your help in explaining the situation.
Reference my FOI Q1 you have helpfully attached the POLICE PENSION FORFEITURE POLICY(PPFP) and advise that, regarding the data of requests to the Home Office,1 request March 2017,2 requests May 2018,2 requests October 2018,and 1 request January 2019.
According to the PPFP,part 9,All pension forfeiture decisions should be formal.Decisions shall be published but may be supported by confidential supporting information which shall not be published,and PPFP,part 30,explains that the Chief Executive should inform the Home Office of final outcomes and decisions.
CLARIFICATION 1.The PCC has the responsibility to publish all decisions,as explained on your website,but according to your response 6 requests were made to the Home Office but only 3 decisions are reported on your website,namely 021-2018 Allan Richards,002-2019 Tahsib Majid, and 003-2019 Wahid Husman.
Please clarify the names of the 6 individuals corresponding to each of the dates forfeiture was requested from the Home Office,and please confirm the final outcome for each individual as decided by the PCC and relayed to the Home Office.Please clarify why the PCC has only selectively published some outcomes,which seems to be contrary to the PPFP requirements.
Please confirm the procedural timescale relating to decisions 002-2019 and 003-2019(court convictions on 2nd October 2017),namely date referred by the Chief Constable to the PCC,date referred by the PCC to the Home Office,and date confirmation received from the Home Office, with PPF amount being decided by Thomas(Tom)McNeill,as acting Chair,on the 15th January 2019.
It obviously was a very serious decision needed to be taken to further penalise corrupt police officers who had been dealing class A drugs and abusing police systems whilst on duty, over a period of 5 years plus,please advise where was David Jamieson on Tuesday 15th January 2019 and what status does Tom McNeil have within the OPCC,how many hours per week is he contracted and what is his rate of pay?
I am only trying to assess the appropriateness of the delegation,in the public interest.

Clarification regarding FOI Q2,please confirm that the police pension scheme consists of an officer paying a 35% contribution and the taxpayer(namely me) boosting the contributions by an additional 65%.If so,does the 65% come from central government or local funds?Obviously if the OPCC are authorised to make pension decisions they should be able to advise how the system works.

Clarification regarding the 2 redacted decision notices released,this is a little pedantic observation but why have certain paragraph identifying numbers been redacted,this has been done deliberately but seems a very strange decision to implement.

Thanking you in anticipation of providing explanation of the forfeiture situation confusions.

Yours sincerely,

Dennis Fallon(BScHons)

Benjamin Johnson, West Midlands Police and Crime Commissioner

1 Attachment

Dear Mr Fallon,

Thank you for your further request. Please find attached a response to your request.

Kind regards

Ben Johnson
Business Support Officer

West Midlands Police & Crime Commissioner
Lloyd House
Colmore Circus Queensway
Birmingham
B4 6NQ

Tel: 0121 626 6060
Int: 801 6035

Web: www.westmidlands-pcc.gov.uk
Twitter: @WestMidsPCC
Facebook: www.facebook.com/WestMidsPCC

Keeping your personal information safe and secure is a priority for us. We have updated our Privacy Notice in line with the new data protection regulation (GDPR), and we have made it easier for you to understand all the information we collect and why we collect it. To find out more about how we use your personal information please look at our Privacy Notice

show quoted sections

Dear Benjamin Johnson,
Thank you for dealing with my request in a sensible and professional manner.
I am surprised that uncompleted requests to the Home Office have not been chased up, but the Government has been in turmoil and may now get going.
Thank you for completion.

Yours sincerely,

dennis fallon(BScHons)

dennis fallon left an annotation ()

Regarding the STRANGE reply to Q3,the chasing up of a pension penalty announced in the media by Chief Con. Dave Thompson regarding his perverted convicted officer Lee Bartram, something very odd is going on as Mr Thompson has NOT, in reality, commenced the process by officially reporting to Mr Jamieson, reply quote "We are awaiting this information from West Midlands Police and the process has not yet commenced".
https://www.bbc.co.uk/news/uk-england-bi...