Reviews of injury awards

The request was partially successful.

Dear Essex Police,

I am interested in information relating to injury awards pursuant to the Police (Injury Benefit) Regulations 2006 SI 2006/932.

1. How many individuals currently receive injury awards from your force?

2. For each of the three years 2017/18, 2018/19 and 2019/2020 please provide the number of police officers granted an injury award.

3. For each of the three years 2017/18, 2018/19 and 2019/2020 please provide the amount paid to all those in receipt of injury awards.

4. For each of the three years 2017/18, 2018/19 and 2019/2020 please provide the number of reviews carried out of injury awards.

5. For each of the three years 2017/18, 2018/19 and 2019/2020 please provide the number of reviews that resulted in the level of pension:

i. remaining unchanged;
ii. increasing; and
iii. reducing.

6. For each of the three years 2017/18, 2018/19 and 2020 please provide the number of individuals contacted regarding a review who did not answer the questionnaire sent to them in connection with their review.

7. Please provide a copy of the questionnaire sent to those in receipt of injury awards regarding their review.

8. Please provide the number of officers in receipt of an injury award (include those who were awarded injury benefit by another force) who currently work for your force, if any.

Yours faithfully,

D Moore

Info Rights Freedom Essex, Essex Police

1 Attachment

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

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

 

Please note that Essex Police are actively publishing information within
our publication scheme webpage, information supplied as part of this
request could be used within the scheme.  Please click on the following
link to search details of existing publications
[3]https://www.essex.police.uk/foi-ai/af/ac....

 

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
[4]www.ico.gov.uk, specific information relating to submitting a request
can be found at: 
[5]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: 101 | Email: [6][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.

 

[7]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:
[8]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: [9]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 [10]https://ico.org.uk/

 

 

 

show quoted sections

D. Moore left an annotation ()

The NIAO published an informative report on injury pensions in March 2020:

https://www.niauditoffice.gov.uk/sites/n...

One backdated payment cost £429,000 in arrears alone.

Appendix 4 includes examples of the amounts payable to officers dependent on years of service and the extent of disablement.

BBC story:

'The Police Service of Northern Ireland (PSNI) is facing a bill of nearly £500m for officers hurt on duty.

The Audit Office has called the scheme for payments "not fit for purpose", and said substantial changes were needed to make things affordable.'

https://www.bbc.co.uk/news/uk-northern-i...

Legal cases:

[2020] EWHC 2477 (Admin)

https://www.bailii.org/ew/cases/EWHC/Adm...

[2020] EWHC 345 (Admin)

https://www.bailii.org/ew/cases/EWHC/Adm...

Dear Info Rights Freedom Essex,

Clarification:

"8. Please provide the number of officers in receipt of an injury award (include those who were awarded injury benefit by another force) who currently work for your force, if any."

The word "officers" in the request refers to former officers granted injury awards, not officers currently working for you who were previously granted injury awards. In other words, I am interested in former officers granted injury awards who currently serve in any role e.g. staff.

Yours sincerely,

D. Moore

Info Rights Freedom Essex, Essex Police

2 Attachments

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

 

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 enquiry:

 

I am interested in information relating to injury awards pursuant to the
Police (Injury Benefit) Regulations 2006 SI 2006/932.

1.  How many individuals currently receive injury awards from your force?

2.  For each of the three years 2017/18, 2018/19 and 2019/2020 please
provide the number of police officers granted an injury award. 

3.  For each of the three years 2017/18, 2018/19 and 2019/2020 please
provide the amount paid to all those in receipt of injury awards. 

4.  For each of the three years 2017/18, 2018/19 and 2019/2020 please
provide the number of reviews carried out of injury awards.

5.  For each of the three years 2017/18, 2018/19 and 2019/2020 please
provide the number of reviews that resulted in the level of pension:

 

i. remaining unchanged;

ii. increasing; and

iii. reducing.

 

6.  For each of the three years 2017/18, 2018/19 and 2020 please provide
the number of individuals contacted regarding a review who did not answer
the questionnaire sent to them in connection with their review.

7.  Please provide a copy of the questionnaire sent to those in receipt of
injury awards regarding their review. 

8.  Please provide the number of officers in receipt of an injury award
(include those who were awarded injury benefit by another force) who
currently work for your force, if any.

 

Having completed enquiries within Essex Police and in respect of Section
1(1)(a), Essex Police does hold information relating to your request.
Under Section 1(1)(b) the below has been provided in relation to your FOI.

 

1.  How many individuals currently receive injury awards from your force?

261

 

2.  For each of the three years 2017/18, 2018/19 and 2019/2020 please
provide the number of police officers granted an injury award. 

2017/18 – 1.

2018/19 – 0.

2019/20 – 0.

 

3.  For each of the three years 2017/18, 2018/19 and 2019/2020 please
provide the amount paid to all those in receipt of injury awards. 

These figures include the short-term (3 month) injury pension elements
paid to widow/ers of deceased former officers who were in receipt of
injury benefits at the time of death

 

• 2017/18 - £3,517,132.36

• 2018/19 - £3,583,912.70  

• 2019/20 - £3,617,349.73

 

4.  For each of the three years 2017/18, 2018/19 and 2019/2020 please
provide the number of reviews carried out of injury awards.

2017/18 – 1.

2018/19 – 0.

2019/20 – 0.

 

5.  For each of the three years 2017/18, 2018/19 and 2019/2020 please
provide the number of reviews that resulted in the level of pension:

 

i. remaining unchanged – 0

ii. increasing; and – 0

iii. reducing. – 1

 

6.  For each of the three years 2017/18, 2018/19 and 2020 please provide
the number of individuals contacted regarding a review who did not answer
the questionnaire sent to them in connection with their review.

This data is no longer held.

 

7.  Please provide a copy of the questionnaire sent to those in receipt of
injury awards regarding their review.

Please see attached.

 

8.  Please provide the number of officers in receipt of an injury award
(include those who were awarded injury benefit by another force) who
currently work for your force, if any.

This question is ambiguous. We have therefore answered the following more
appropriate question: “the number of former officers currently in receipt
of an injury award (including those who were awarded injury benefit by
another force, where known) who currently work for your force, if any”.

– 1 (one).

 

Essex Police trusts that the information provided is of assistance. Thank
you for your interest in Essex Police.

 

Kind regards,

 

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

Telephone: 101 | 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]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 [5]https://ico.org.uk/

 

From: Info Rights Freedom Essex
Sent: 21 September 2020 14:14
To: D. Moore <[6][FOI #692332 email]>
Subject: RE: FOI 14828 Injury Awards

 

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

 

Please note that Essex Police are actively publishing information within
our publication scheme webpage, information supplied as part of this
request could be used within the scheme.  Please click on the following
link to search details of existing publications
[7]https://www.essex.police.uk/foi-ai/af/ac....

 

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
[8]www.ico.gov.uk, specific information relating to submitting a request
can be found at: 
[9]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: 101 | Email: [10][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.

 

[11]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:
[12]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: [13]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 [14]https://ico.org.uk/

 

 

 

show quoted sections

D. Moore left an annotation ()

Important information regarding the backdating of injury awards can be found in this appeal by the Chief Constable of South Yorkshire Police:

[2021] EWCA CIV 1699

https://www.bailii.org/ew/cases/EWCA/Civ...

The appeal was dismissed.

The former officer was permanently disabled in 2005 and required to retire. He claimed an injury award in 2016.

"43. It follows, in my judgment, that at any given time a former police officer is either entitled to an injury award under regulation 11 or he is not, regardless of whether he has made a claim..."

The award was backdated to 2005.