R (on the application of Laws) v Police Medical Appeal Board [2009] EWHC 3135 (Admin), [2009] All ER (D) 38 (Dec)
The proceedings concerned a constable who had been found for the purposes of reg H1 of the Police Pensions Regulations 1987 (SI 1987/257), to be disabled from performing the ordinary duties of a member of the police force. It was also found that her disability was likely to be permanent.
The court ruled that each determination of the select medical practitioner, or on appeal by the board, was to be treated as final; thus, where an injury pension had been reassessed under reg 37 of the Police (Injury Benefit) Regulations 2006 (SI 2006/932), and a decision had been made by the select medical practitioner concerning the degree of the recipient’s disablement at that date, that decision was final for all purposes, subject to the continuing duty, periodically, to reassess the pension under reg 37.
While the Metropolitan Police Association had a duty under reg 37 to carry out from time to time further reviews of a potential recipient’s injury pension, it could only revise the pension if
