‘In Major v Chief Constable of Essex Police [2024] EWHC 3290 (Admin), the claimant, who was a member of the Police Pension Scheme, unsuccessfully sought ill-health early retirement in 2019, following a report by an appointed medical examiner that the claimant was not medically unfit for service. In 2023, during disciplinary proceedings against the claimant, a medical report was obtained on his behalf which supported a disability claim, and later that year a further application for ill-health early retirement was made on behalf of the claimant. The appointed medical practitioner produced a further report which concluded that he was medically unfit for service, but not permanently. The claimant argued that he had a right to appeal that decision, on the basis that it was made under a fresh referral based on the claimant’s condition and prognosis in 2023, rather than by way of a reconsideration of the 2019 application. Although the high Court allowed the claimant’s challenge on a different ground, it went on to consider the general question of whether the statutory scheme permitted a new referral where a report had already been issued on the question of permanent unfitness for service. The Court held that the statutory scheme did not preclude an officer seeking a fresh decision as to whether or not he was permanently medically unfit, and rejected implications in earlier case law that that was not possible, on the ground that the issue had not been the subject of specific discussion. The Court said that that did not mean that officers could repeatedly request referrals, as it would no doubt be open to the Chief Constable to refuse the referral where the process was being abused.’

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Pensions Barrister, 6th January 2025

Source: www.pensionsbarrister.com