08 February 2012
Police authorities may have to find tens of millions of pounds
extra to fund their pension liabilities after a retired inspector
won a landmark legal challenge preserving his income. The
ruling by a court in Leeds overturns Home Office guidance that
permitted a review of the pensions of injured officers once they
reach retirement age and resulted in lower payments.
One estimate suggested it could add £80m to police
authorities' bills. A high proportion of police authorities had
accepted the guidance.
The test case was brought by Edward Crudace, 67, who served with
Northumbria police. He was seriously injured when arresting a
prisoner and was forced to retire from the force. His
injuries meant he could not work and he was awarded a substantial
injury pension. When he reached the age of 65, however, it was cut
by Northumbria police, relying on the Home Office guidance, leaving
Mr Crudace with a severely reduced income.
David Lock QC of No5 Chambers, who represented Mr Crudace,
argued that the Home Office guidance was unlawful because it led to
police injury pensions routinely being reduced to the lowest level
when former officers reached the age of 65.
In a high court ruling in Leeds, Judge Behrens reversed the cuts
to Mr Crudace's pension and ruled that the Home Office guidance was
unlawful because it was inconsistent with the statutory scheme
under which the pensions were paid.
The judgment, he acknowledged, would enable other former police
officers who had had their pensions reduced in a similar way to
apply to police authorities for the decisions to be reversed and
for their pensions to be restored.
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