Police

Police officer - ordinary duties - including operational dutiesR v Sussex Police Authority, ex parte Stewart: CA (Simon Brown and Hale L JJ and Sir Christopher Staughton): 4 April 2000

The applicant was retired as a police constable on the ground of permanent disablement, after sustaining an injury to her ankle.Subsequently, she was certified by a police medical officer as not disabled from performing the 'ordinary duties' of a member of the police force within reg.

A12(2) of the Police Pensions Regulations 1987 (SI 1987 No 257), and the police authority served a notice on her to rejoin the force to perform non-operational duties.

Dyson J refused judicial review of the authority's decision.

The applicant appealed.Gavin Millar (instructed by Russell Jones & Walker) for the applicant.

Mary O'Rourke (instructed by Solicitor, Sussex Police Authority) for the police authority.Held, allowing the appeal, that under the 1987 regulations, police officers might be required to retire on pension if they were disabled and their disablement was thought to be permanent; that if later it were found that the disability had ceased, they might be invited to rejoin the force, and whether or not they did so their pension would be terminated; that the hypothetical member of the force whose ordinary duties the regulations had in mind was the holder of the office of constable, who might properly be required to discharge any of the essential functions of that office, including operational duties; and that, accordingly, the notice was invalid, and the applicant was entitled to remain retired and to draw her pension.

(WLR)