Reviews of injury benefits

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Dear Lancashire Constabulary,

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

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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...

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FREEDOM OF INFORMATION REQUEST REFERENCE NO: 3155/20

Please find attached Lancashire Constabulary’s response to your recent
request for information made under the Freedom of Information Act 2000.

I would like to take this opportunity to thank you for your interest in
Lancashire Constabulary.

Data Protection Office

Lancashire Constabulary Headquarters

Tel: 01772 413329

Email: [1][email address]

 

 

 

Personal Data Matters – Let’s Get it Right!

 

 

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D. Moore left an annotation ()

Staffordshire Police statement concerning Judgment [2020] EWHC 2477 (Admin).

Judgment:

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

Statement:

'Staffordshire Police notes the decision of the High Court this morning, 16 September 2020, to dismiss claims made against the force by 18 former police officers regarding review of their injury pension payments. 

The claims were complex and involved significant scrutiny of the force’s administration of injury pension reviews since 2017. The force’s approach to the Claimants’ cases has been upheld by the High Court as justified and lawful.

Staffordshire Police welcomes the clarity that this ruling brings, for how it and other police forces administer injury pension reviews, and for individuals who are subject to these reviews. The force recognises that this has been a difficult and challenging process for all involved. The Court’s decision noted the efforts made by the Chief Constable’s staff, who sought to reassure pensioners and answer questions and arguments about the review process as it progressed.

Staffordshire Police repeats what the Chief Constable said at the outset of the review process:

“I am very mindful of the expectation outlined in Regulations that injury pensions are reassessed. I have a duty to ensure that the use of public money is justified and necessary and this needs to be balanced with the recognition that these benefits were awarded following injury in the course of duty to the public. I am clear that Staffordshire Police will meet its legal commitments to honour injury benefit payments at a level to which each pensioner is entitled.”

The Chief Constable recognises the service and sacrifice made by officers who are permanently disabled by an injury on duty and welcomes the clarity provided by the High Court that the force’s administration of injury pension reviews since 2017 is justified and lawful.'
https://www.staffordshire.police.uk/news...

Injury pension case (May 2021):

'24. The claimant exercised his right of appeal to a BMR provided for by regulation 31 of the 2006 regulations. The BMR in this case was the defendant, PMAB.

43. The Report then goes on to set out that the PMAB found that it had insufficient information to carry out its function and elected to request that it be provided with complete clinical records (occupational and GP) before providing an outcome.

Ground 2 : The PMAB’s position that it did not have access to the Claimant’s medical records was perverse.

62. (3) Accordingly, on ground 2, I would grant permission but direct that within 7 days of the handing down of my judgment any application to amend the grounds is issued and served. That application should be listed to be heard at the substantive hearing.'

2021] EWHC 1292 (Admin)

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

Para. 9 of the following judgment includes a useful summary of changes to the police pension scheme over the years:

[2020] EWHC 77 (QB)

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

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.