Merseyside Police Authority, R (on the application of) v Gidlow & Anor

Merseyside Police Authority, R (on the application of) v Gidlow & Anor

A police officer's psychiatric injury resulting from the handling of a grievance procedure and the perceived failure to vindicate him is not an injury received in the execution of duty under the Police Pensions Regulations 1987. The medical referee erred in law by equating 'in the execution of duty' with 'whilst on duty' and by relying on irrelevant considerations. The decision is indistinguishable from Stunt, where injury from disciplinary proceedings was not compensable.

Parties
Claimant: Merseyside Police Authority; Defendant: Dr D A Gidlow; Interested Party: Godfrey Reilly-Cooper
Jurisdiction
England and Wales
Judgment Date
08 December 2004
Procedural Posture
Judicial Review / Judgment
Outcome
Decision of the medical referee quashed; matter remitted for rehearing by a different medical referee.
Legal Topics
Police Pensions, Injury in Execution of Duty, Judicial Review of Medical Referee, Psychiatric Injury, Grievance Procedure
Administrative Law Employment Law Pensions Law Police Pensions Injury in Execution of Duty Judicial Review of Medical Referee Psychiatric Injury Grievance Procedure

Case Brief

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Parties

Merseyside Police Authority

Claimant

Dr D A Gidlow

Defendant

Godfrey Reilly-Cooper

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether psychiatric injury suffered by a police officer as a result of a grievance procedure is 'an injury received in the execution of duty' under the Police Pensions Regulations 1987
  2. 2 Whether the medical referee erred in law in upholding the officer's appeal for an injury award

Ratio Decidendi

A police officer's psychiatric injury resulting from the handling of a grievance procedure and the perceived failure to vindicate him is not an injury received in the execution of duty under the Police Pensions Regulations 1987. The medical referee erred in law by equating 'in the execution of duty' with 'whilst on duty' and by relying on irrelevant considerations. The decision is indistinguishable from Stunt, where injury from disciplinary proceedings was not compensable.

Court Disposition

Decision of the medical referee quashed; matter remitted for rehearing by a different medical referee.

Orders

  • The decision of Dr Gidlow is quashed.
  • Mr Reilly-Cooper’s appeal is remitted for hearing by a different medical referee.