The Leeds Crown Court has ruled today that Angie McLoughlin, a former police officer with the West Yorkshire Force, should be paid her full injury pension dating back to 1984 after her award was upgraded from a Band 1 award to a Band 4 award. As the Judge noted in her judgment, this claim will have consequences for many other former police officers who have their pensions adjusted due to incorrect awards.
Please find the judgement here
The court verdict will result in a substantial back payment of unpaid pension monies for Mrs McLoughlin.
The Chief Constable had recognised that the 1984 award was flawed because Mrs McLoughlin was awarded a Band 1 pension despite the view of the awarding doctor that her duty injuries meant she could undertake no paid work and agreed that this decision should be reviewed. In 2018 and a new determining doctor decided that Mrs McLoughlin ought to have been paid a Band 4 pension from 1984 until the pension was reviewed in 2007.
That left the question as to whether Mrs McLoughlin was entitled to recover her unpaid pension going back to 1984. Mrs McLoughlin said she was but the Chief Constable said that the new decision did not mean any money was owing claim under the Regulations and that any claim for payment was out of time.
The Judge ruled in favour of Mrs McLoughlin on both issues, and she will thus secure payment of the pension to which she was always entitled.
Mr Ron Thompson of Haven Solicitors, who acted for Mrs McLoughlin said
“This is an important decision for many injured former police officers. It is plainly the right decision because it means that any officer who is awarded the wrong pension will not be left short-changed. It was disappointing that the Chief Constable did not recognise his obligation to pay Mrs McLoughlin her full pension but, as a result of his refusal to do so, the Court has now produced a detailed ruling to explain how the Regulations work and why adjusted pensions have to be paid in full. That will set a precedent for all other Police Pension Authorities”
Haven Solicitors instructed David Lock QC of Landmark Chambers.