Pensions

Police officer medical retirement disabling psychiatric illness resulting from internal disciplinary investigation injury not received in execution of dutyR (Stunt) v Mallett: CA (Lord Phillips of Worth Matravers MR, Simon Brown and Longmore LJJ): 23 February 2001Following an incident outside the House of Commons in July 1993 a police officer was charged with the disciplinary offence of making an arrest without good and sufficient cause.

He was required to submit to the investigation, but not obliged to co-operate with it.He was on sick leave from November 1993 because of the mental stress of the investigation.

In August 1994 a police doctor certified that he was permanently disabled by depression but not as the result of any injury received in the execution of duty.

On appeal Dr Mallett, a psychiatrist appointed by the Home Secretary, agreed with the police doctor.

The officer succeeded on an application for judicial review of that decision on the ground that his injury was suffered in the execution of duty within the Police Pension Regulations 1987.

The Metropolitan Police Commissioner appealed.Elizabeth Slade QC and Timothy Pitt-Payne (David Hamilton, Solicitor for the Metropolitan Police) for the Commissioner.

Gavin Millar QC and Michael Ford (Haslam & Payne) for the officer.Held, allowing the appeal, that a police officer who retired as a result of a permanently disabling psychiatric injury suffered in reaction to an internal police investigation did not suffer injury in the execution of his duty as a constable but as a result of his status as a police constable; accordingly, he was not eligible for an injury pension under the 1987 regulations.