Injury Award Reviews and Funding

Injury Award Reviews and Funding

Please see below an excerpt from our National website regarding ‘Injury Award Reviews’. At present Essex Police have not begun to review all injury awards but if other forces have started it may become a reality for us also.

If you do get a review and don’t know what to do then please contact me ASAP. The Essex Police Federation are still obliged to assist under current Federation Rules and I would be able to present your case for representation and if necessary funding for legal advice/representation.

Kind regards
Roy Scanes
Chelmsford Branch

Injury Award Reviews and Funding

We are aware that some Forces are currently conducting Injury Award Reviews under Regulation 37 Police [Injury Benefit] Regulations 2006.

The recent FISHER v Northumbria case reinforces previous case law when determining the ‘uninjured’ earnings capacity, when carrying out a review under Regulation 37; and we would remind members of the TURNER case, which concluded that:

The SMP is not entitled to take into account jobs which were previously available to the pensioner (even if not considered at the last review) or which the pensioner had previously carried out since these jobs cannot be evidence of a change in the pensioner’s degree of disablement.

The SLATER case is also relevant in that it concluded:

That reviews at a CRA must relate to the individual circumstances of the officer. This means the blanket National Average Earnings figures cannot be used to cut pensions

We have recently been in contact with the National Police Federation regarding support and funding issues for our Members, including the matters of legal advice and representation.

Whilst the National position is that the Federation will support cases involving retired officers but legal advice and representation will only be granted based on the merits of each individual case. This same process now exists for serving officers.

We have become aware that some local Police Federations have decided that they will not assist or support retired members involved in this process in any way and will not forward any claim forms requesting funding from the National Police Federation.

In view of this we would advise our Members to approach their local Police Federation in the first instance to seek their support, advice and funding. Thankfully, we are grateful to the majority of local Police Federations who are still willing to support retired members in accordance with Federation rules.

If this is not forthcoming, the Member has the option of contacting their local NARPO Branch and/or NARPO HQ for advice and assistance and we will do our best to advise you in challenging the decision yourself.

If these options are not available, or appropriate, or if you prefer, you can seek your own legal advice at your own expense. We appreciate this is not ideal, but we have liaised with a specialist firm of Solicitors who can assess the circumstances of an individual’s case and give the appropriate advice at a fixed fee. They are Haven Solicitors

However, it is a Member’s choice to decide if they wish to take legal advice and which firm they choose to instruct on their behalf.