Home Office circular 007/2012 Broad subject: Police Service Issue date: Fri Mar 30 14:31:31 BST…
Home Office circular 007/2012
Guidance on police injury award reviews
- Broad subject: Police Service
- Issue date: Fri Mar 30 14:31:31 BST 2012
Crime and policing group, policing directorate, police productivity unit
No linked circulars
- Sub category: Police pensions
- Implementation date: Tue Feb 21 00:00:00 GMT 2012
For more info contact:
020 7035 1828
Chief officers and chairs of police authorities
This circular advises recipients that parts of guidance on police injury award reviews, as specified below, are cancelled.
The relevant parts are:
(i) Home Office Circular 46/2004: in Annex C the section entitled ‘Review of injury pensions once officers reach age 65’
(ii) Guidance on medical appeals: paragraph 20 of section 5, entitled ‘Degree of disablement after age 65’
The High Court gave a decision on 21 February 2012 in the judicial review case of Simpson. This judgment concerns guidance on police injury award reviews, principally that contained in Home Office Circular 46/2004 concerning reviews of the injury awards of former officers who have reached age 65. The court concluded that the relevant guidance on this particular issue is inconsistent with the Police (Injury Benefit) Regulations 2006 and unlawful.
Under Regulation 37 of the 2006 Regulations, the responsibility for such reviews lies with the relevant police authority. (Note. This is subject to amendment by the Police Pensions (Amendment) Regulations 2011 (SI 2011/3063), in consequence of changes made by the Police Reform and Social Responsibility Act 2011 and the introduction of police and crime commissioners in 2012.) We would advise, in the event that such reviews are being conducted or considered, that police authorities should satisfy themselves that they are acting in accordance with the regulations and the relevant case law in the light of the decision in Simpson.
We are currently considering the further implications of the court’s decision and will provide further information and advice as appropriate in due course.