Police Pension Scheme (PO-11805)

Ombudsman’s Determination

Outcome

I do not uphold Mr H’s complaint and no further action is required by Warwickshire Police.

My reasons for reaching this decision are explained in more detail below.

Complaint summary

Mr H’s complaint against Warwickshire Police is that it has refused his request for the early payment of his deferred pension.

Mr H contends that Warwickshire Police have unjustly used his dismissal from the force as a reason for not paying his deferred pension early. He says that the circumstances of his dismissal were irrelevant.

Mr H says that :

• it was held in R (on the application of Williams) v PMAB and Merseyside Police Authority [2011] EWHC 1119 (Admin) that a Selected Medical Practitioner or Police Medical Appeal Board has a duty under article 6 of the ECHR to provide an officer going through the process with a fair hearing.
• in the case of R (on the application of AB) (Claimant) v Commissioner of Police of the Metropolis (Defendant) & (1) Independent Police Complaints Commission (2) FE16 (Interested Parties) [2016] EWHC 2714 (Admin), it was held that a police officer was not prevented from retiring even though he faced potential misconduct proceedings following the death of an individual shot by another officer. Preventing a person from conducting his financial affairs lawfully was a very serious interference in his right to conduct his life, the prospect of disciplinary proceedings was speculative, and the benefit to the public where it was only ordinary misconduct proceedings was not great.
• he has a legitimate expectation that his human rights would be upheld and that matters would be dealt with fairly, reasonably, lawfully and proportionately.

Mr H says that there are inconsistencies in how Warwickshire Police decides on the early payment of deferred pensions. He says he knows of ofiicers who have had their deferred pensions paid early on the grounds of mental health issues.

Mr H also claims that the time taken by Warwickshire Police in considering his case was unreasonable.