Summary
For an injury award under the Police Pensions Regulations 1987, psychiatric illness may in principle result from cumulative occupational stresses. The inquiry is causal, not merely temporal. An event, condition or circumstance must impact directly on the officer while carrying out police duties and cause or substantially contribute to disablement. Execution of duty is not confined to active conduct, and work need not be the sole cause. However, illness caused by an officer’s reaction to disciplinary or investigative proceedings arises from his status as a constable, not from execution of duty. Continuing to work while the stress develops does not alter that characterisation. The appeal was allowed and the medical referee’s decision reinstated.
Factual background
Mr Stunt, a former Metropolitan Police officer, was medically retired after suffering permanent psychiatric injury following an internal investigation into a complaint about his conduct. Dr Colthart and, on appeal, Dr Mallett concluded that the injury was not received in the execution of duty under the Police Pensions Regulations 1987.
On judicial review, Mr Justice Grigson quashed Dr Mallett’s decision. He held that submitting to the complaints procedure was itself part of a constable’s duty. The Commissioner appealed. The central issues were whether the psychiatric injury fell within regulation A11(1) or regulation A11(2)(a), and whether continuing to work while the investigation progressed was sufficient.
Held
- The appeal was allowed unanimously. Simon Brown LJ, with whom Longmore LJ agreed, and the Master of the Rolls concluded that Dr Mallett had not misdirected himself. The order of Mr Justice Grigson was set aside, and Dr Mallett’s decision was reinstated.
- The Police Pensions Regulations 1987 distinguish between injury received in the execution of duty and disablement arising from infirmity more generally. Regulation A11(2) is a deeming provision and is not exhaustive. Regulation A11(1) may therefore apply even where regulation A11(2) does not. The expression execution of duty is not confined to an active act. It can include the fulfilment or discharge of the constable’s function or office.
- The authorities beginning with Garvin v Police Authority for City of London [1944] 1 KB 358 and Police Authority for Huddersfield v Watson [1947] 1 KB 842 were rightly decided within their proper limits. The governing inquiry is whether events, conditions or circumstances impacted directly on the officer’s physical or mental condition while carrying out police duties and caused or substantially contributed to disablement. Causation is not to be applied legalistically. Work circumstances need not be the sole cause, but a connection with service is required; the officer’s status alone is insufficient.
- Those principles did not assist Mr Stunt. His depression resulted from his reaction to the fact and conduct of the disciplinary investigation. His unavoidable and essentially passive subjection to the disciplinary process arose from his status as a constable. It did not constitute execution of duty. The Court expressly rejected the obiter dictum in R v Merseyside Police Authority, ex parte Yates, on which the judge below relied.
- Mr Stunt’s alternative argument also failed. The fact that he continued to work while the investigation progressed did not show that being at work caused or exacerbated the illness. It would be artificial and unsatisfactory to distinguish between an officer who continued working and one who was suspended. The appeal was allowed with costs, and leave to appeal to the House of Lords was refused.
The court’s approach to earlier authorities
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Appellate history
- Court of Appeal: Allowed the Commissioner’s appeal, set aside the order below, reinstated Dr Mallett’s decision and awarded costs.
- High Court, Mr Justice Grigson: On 4 May 2000, allowed Mr Stunt’s judicial review challenge and quashed Dr Mallett’s decision, holding that submission to the complaints procedure fell within execution of duty.
Appeal route
- Appealed fromNot stated in the judgmentThis appealappeal allowed (unanimous; three judges)
- This judgment [2001] EWCA Civ 265 Court of Appeal
Key cases cited
9 authorities cited.
- Police Authority for Huddersfield v Watson [1947] 1 KB342
- Garvin v Police Authority for City of London [1944] 1 KB358
- Bradley
- R v Caldbeck-Meenan, ex parte Clerk to Cleveland Police Authority
- R v Court and Bronks, ex parte Derbyshire Police Authority
- R v Fagin and Travers ex parte Mountstephen
- R v Kellam, ex parte South Wales Police Authority and Milton
- R v Merseyside Police Authority, ex parte Yates
- Sussex Police Authority v Pickering
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Cases citing this case
11 later cases · 8 positive · 3 caution
Most senior citing decisions:
- Mrs Nicola White (R on the application of) v POLICE MEDICAL APPEAL BOARD [2022] EWHC 385 (Admin) explained
- The Commissioner of Police of the Metropolis, R (On the Application Of) v Police Medical Appeal Board [2020] EWHC 345 (Admin) followed
- Stewart v NHS Business Services Authority [2018] EWHC 2285 (Ch) distinguished
- Williams, R (On the Application Of) v Merseyside Police Authority [2011] EWHC 1119 (Admin)
- Merseyside Police Authority v Police Medical Appeal Board & Ors [2009] EWHC 88 (Admin)
- Walker, R (on the application of) v Inner London Crown Court [2008] EWHC 307 (Admin)
- Merseyside Police Authority, R (on the application of) v Gidlow & Anor [2004] EWHC 2807 (Admin)
- Sussex Police Authority, R (on the application of) v Cooling & Anor [2004] EWHC 1920 (Admin)
- Cleveland Police Authority & Anor, R (on the application of) v Knapper [2004] EWHC 770 (Admin)
- South Wales Police Authority v Morgan [2003] EWHC 2274 (Admin)
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