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A Journey of Truth – Chapter 11.

A Journey of Truth – Chapter 11.
This Chapter at a Glance:

• Prelude ~ The Morning Bugler;

• The Curiosity;

• Disabled FSV-FG –A Journey of Truth;

The Kangaroo Courts and The Hardship Route;

Disabled FSV-FMG – PRF;

Gardiner-the-Greedy;

Disabled FSV-FMG  – An Accounting;

Measuring your Opponent;

The Great Charade;

Reductio ad Absurdum;

Arrogance, Ignorance,  Envy, and Meanness;

Legal Opinions;

Statutory Internal Dispute Resolution Procedures;

Where is the Spirit of Lancashire?

 Prelude  – The Morning Bugler.

The time is long overdue to publish the case of disabled FSV-FMG.

It is of special importance, not because of the human elements of his journey through life, though they are meritorious in their own right, but because he has unremittingly pursued the ‘curious circumstances’, as he describes them, in respect of his pensions which have been thrust upon him and his family by the LFRS at a particularly difficult time in his family life.

This Chapter is of special benefit to those presently engaged in similar activities, or considering such initiatives, because they may wish to mirror and take advantage of his initiative using it as a template of IDRProcedure.

With disabled FSV-FG’s approval the Morning Bugler will publish in transparency, in live time, these activities as they unfold without any form of Copyright restrictions thus, in effect, providing downloadable templates as the Statutory IDRP is implemented in all its fully documented detail.

Should the Reader be minded, it will be helpful to study the relevant legislation placed in the Morning Bugler’s online libraries and to take a refresher look at the Legal Opinions which were originally presented to the Readership by Mr. J. M. Copplestone-Bruce, Life  Member  of  the  Inner Temple

Bar, which will provide further food for thought when considering one’s own pensions and their accuracy and credibility. Go Here.

The published coverage will be politically judgemental especially in Stage II in which 25 elected Lancashire Combined Fire Authority Members have a Statutory duty placed on them individually by Parliament not only to fully implement the IDRP but to reach a legally detailed Determination which they must place before the Applicant, within the Statutory period of 2 calendar months, which commenced running on the 17th June 2016.

Patiently step by step in spite of the usual long stone walling period disabled FSV-FMG has sought simple answers to simple direct questions from an LFRS represented by Warren and LCC pension contractors by Wisdom.

As one might expect those forced answers have been supplied reluctantly and with the usual circumspection where honesty is concerned.

So having exhausted the usual absurdities of the LFRS, disabled FSV-FMG determined with the help of another pro bono barrister that he would invoke the use of the Statutory IDRProcedures provided by Parliament to pursue his burgeoning ‘curiosity’.

 The Curiosity

The following hand drafted personal letter at that time from disabled FSV-FMG to the Editor has been typed in reproduction and edited to remove personal circumstance which need not concern the Reader but are not untypical of the type of life’s circumstances which afflict all normal families from time to time.

Nevertheless it provides a valued insight into the trusting reaction of all those who in decent innocence found themselves the victims of Warren, Lister, Wisdom, and Hutchinson’s guileful and mendacious pogrom against them designed to save their employment which they know is on the line.

“Dear Paul,

Before I launch into my reason for writing I hope you and all yours are hale and hearty and in your case enjoying your retirement.

Like many others, I expect, I have disturbing pension news in the form of a letter from the Authority…copy enclosed. It more or less coincided with the Retired Members newsletter in which Kevin suggests that in such circumstances you may be contacted. I would greatly appreciate any information that comes my way so that I have knowledge of antecedents before I communicate with the Brigade.

My retirement from the service has not been particularly productive or happy. If you read on you will see why the pension news is personally disturbing.

I was led to believe in my circumstances I could apply for Incapacity Benefit. I did, and after being examined and having various medical reports scrutinised I was paid the benefit.

After a year or so I learnt to managed my back problems and became restless to the point where I got a job with the Authority driving a small bus and collecting and delivering people to the day centre in Burnley. Unfortunately some of them were very heavy and needed manhandling. This put me back to square one and laid me up for a while.

I was in and out of benefit for a while and then 51/2 years ago the blow of blows….”

This was not as the Reader might assume connected with disabled FSV-FMG pensions but the sudden illness of a family member which required the collective gargantuan and valiant efforts of them all over the following years to overcome a grievous blow to their family tranquility, such are life’s afflictions.

Over time, like many others all pulling together, they succeeded, and as if life was not cruel enough it was about this time that Wisdom’s unsolicited, unpresaged, shocking letter arrived without the slightest caring prelude.

If the LFRS had engaged properly in their duties of pastoral care and acted in a civilised courteous manner in which we now know they are not remotely interested, at least this family might have been spared yet another ‘blow of blows’, but being the self-serving people the LFRS ‘management’ are, which includes the prerequisite of a lack of common humanity, this family were subjected to completely unnecessary callous hurt, indignity, and humiliation.

Disabled FSV-FMG and his family should have the last word, at this pivotal moment…

“There are people in this world worse off than us but it doesn’t stop me from being curious about the circumstances now thrust upon me. Yours etc”.

Disabled FSV-FG –A Journey of Truth

It is a typical story reflecting the experience of at least 167 disabled FSV’s in Lancashire, and dare the Bugler say it, probably thousands of disabled FSV’s across the UK.

In the case of the Lancastrians these 167 and their families were to be sent down Warren’s Hardship Route with the exception, as we shall see, of those disloyal Freemasons who are, as ever, privileged to be ‘more equal than others’…

As might be expected disabled FSV-FMG personal ‘experience’ was not a pleasant one from the outset during his contacts with Warren(LFRS) and Wisdom(LCC), the latter whom we must not forget in her recent claimed pension management expertise with the London Fire Brigade included a ‘Degree’ which of course she did not possess then, or now,  and who together with Hamilton-Hutchinson(LFRS) and Lister(LCC), Wisdom’s equally unqualified pension scheme management ‘boss’, were, and remain, collectively the proactive architects of this complete pension fiasco to the present day, but they could successfully construct and enforce a ‘Hardship Route’.

Their self-serving purpose is clear, and remains their perpetual intent, to cover up their corporate management failure of the Lancashire Firefighters’ Pension Scheme of which Warren is the Scheme manager and to preserve their own employment set against their obvious individual failures as self-promoting self-described pension ‘practitioner experts’.

As usual in their aggressive and vexatious determination they were determined that, come ‘Hell or High Water’, that ‘might was right’, that they would force disabled FSVs, including disabled  FSV-FMG,  to  pay  back  alleged

‘overpayments’ and in the process publicly humiliate them whilst protecting and advancing their ‘careers’.

In effect punishing the victims for the LFRS gross negligence.

Bullying, coupled with perpetual mendacity, were and continue to be, their unprincipled ‘tools’ set against the inescapable mediocrity of lax incompetence in all that they do.

It ought to be remembered that these self styled ‘experts’ continue to choose to conveniently ignore the fundamental point which is that if ‘overpayments’ had occurred (which is disputed) and accepting that most certainly individual ‘underpayments’ in excess of £45,000.0 had occurred, then the simple fact of the matter remains that if both had occurred(which are symptomatic of a Pension Scheme in meltdown) then the pension scheme managers and administrators must, quite simply, be culpable in their failure of fiduciary duty of care to the Firefighter Scheme Members of Lancashire.

In a landmark judgement, in another national case, the Pensions Ombudsman confirmed the logic of the position that failing to pay the correct pensions was quite simply, maladministration.

In the case of disabled FSV–FMG and 166 others their first knowledge that anything was amiss with their pensions, without prelude or personal LFRS pastoral contact, a common humanity alien to the LFRS, was the receipt of a standard letter of demand from Wisdom on the 15th February 2008. Go Here 

The Kangaroo Courts and The Hardship Route

In the meantime with his hands full, disabled FSV-FMG continued to listen to the ‘grapevine of gossip’, as the horrifying stories started to emerge of Warren, Hamilton, Wisdom and Hutchinson’s  ‘kangaroo courts’, a Torquemada of enjoyment for them.

This was where unwitting and innocent victims were invited to SHQ only to be ambushed with the news of alleged pension improprieties for the salacious and puerile  delight of these immature intimidating bullies who, with glee,  imposed their threats on FSVs and their families, ‘because we can’.

Families who really had little, if any idea, what they were talking about, but who nevertheless had the mortifying experience of having all these spurious accusations heaped on their shocked heads…

But this was only the beginning, soon they were to find themselves sent down Warren’s infamous ‘Hardship Route’.

One wonders if Warren is a student of Auschwitz history?

The lesson to disabled FSV-FMG and others was clear. Do not respond to these ‘invitations’ to go to SHQ. If a reminder is needed of these experiences. Go Here.

During the next 27 months disabled FSV-FMG’s income was arbitrarily and oppressively reduced without any form of detailed accounting, another straw on an already overburdened camel’s back, as he and his family extracted themselves from their emotional maelstrom, not that the LFRS minded in the least.

Over this period the LFRS, ‘we will because we can’, removed without face to face discussion in the region of £7000.0 and to this day they have failed to provide any form of accounting and if they had done so they would have discovered that in fact they had taken more money than they alleged the ‘overpayment’ was, yet in spite of this they have still refused to provide either an explanation how this disastrous pension management failure arose in the first place; to provide a final accounting which ought to have included the return of the excess of alleged monies owed, with compound interest, or an apology.

The doughty Disabled FSV-FMG “being curious about the circumstances now thrust upon me.”… when eventually his personal family circumstances permitted, commenced to exercise his ‘curiosity’ by asking for a copy his PRF.

Disabled FSV-FMG – PRF

This action, which history has repeatedly confirmed, when eventually the LFRS are forced to provide a PRF, set against the individual’s retained contemporaneous notes and records, simply repeatedly confirms how appalling the lack of maintenance of actual individual pension records have been at the LCFB/LFRS and its pensions provider/contractor the LCC for the preceding decades.

This long running PRF saga which a somnolent ICO finally woke up to after years of their negligence and the gullibility of regularly swallowing accomplished mendacity from the likes of Gardiner and Warren has not only brought the LFRS

to the current and continuing attention of the ICO but has helped to educate other FSVs nationwide what their rights are in respect of their ‘subject data’ namely their Personal Record Files and their firmly established legal entitlement to a copy.

This DPAct ‘subject data’ request you will note was responded to by another of Warren’s sorcerers apprentices the inimitable Lee Gardiner so we must digress for a few paragraphs to update the life and crimes of Gardiner-the-Greedy. Go Here.

  Gardiner-the-Greedy

Readers will recall that fraudster Gardiner lives in Warrington and during his sojourn with the LFRS repeatedly claimed visits to the new North West Fire Control, concerning which he had not the slightest responsibility, as the basis for fraudulent mileage claims to the tune of, a never challenged, £40,000.00, imitating our old friend CC David O’Toole who was his political boss at that time.

Later on  the remarkable ‘discovery’ of Gardiner’s fraud (but never O’Toole’s) by Warren was no doubt, a golden opportunity to remove, after suspension(does this Hamiltonesque technique sound familiar?) an embarrassing underling who might rock this clerk’s career boat later on by revealing Warren’s secrets. They will hang together…

Gardiner having served his purpose in the stonewalling of PRF applications and the ICO having finally caught up with these two mendacious scoundrels it was time for Warren to dispose of him.

Readers may recall the Bugler’s predictions where Hamilton was concerned that the corrupt Lamplighters will ‘park’ Hamilton for a 2 year holiday, paid for by the DWP and Taxpayers of Lancashire, whence he will ‘reappear’ once more in  a  ‘suitable’  local  authority   post, probably  in  the

North West, cleansed of all his guilt whilst, like Gardiner, preserving his LA pension.

Perhaps these are outlandish predictions?

A short time after Gardiner resigned from the LFRS but still clutching his fraudulent £40k of Lancashire ‘expenses’ and his pension he suddenly reappeared in a ‘holding post’ with the Lancashire local authority Pendle Community Service.

Just recently the LFRS moles informed  the Bugler that Gardiner has reappeared after a suitable ‘cooling off/cleansing’ period at the Cheshire Fire and Rescue Service HQ  in Winsford as none other than, you will have guessed it, its Data Protection & Freedom of Information Officer with no doubt an intact transferred local authority pension; without the vacancy being advertised; without examination of his prior ‘credentials’; without short listing; without interview…

One wonders have the elected Cheshire Members of Gardiner’s new Fire Authority been made aware of and approved these curious arrangements?

 It follows a strategic pattern which in time Warren will follow…

  Disabled FSV-FMG  – An Accounting

In returning to a doughty disabled FSV-FMG we find that the situation in his family had by now stabilised though in respect of his pension he was not content to allow matters to rest and ultimately he demanded not only his PRF but an accounting from the LFRS. Go Here.

Furthermore, in attacking the stonewalling delays on his PRF disabled FSV-FG reported the issue to the ICO for action. Go Here.

Following this up with a letter to clerk Warren. Go Here.

Confirming his professional narcissistic tendencies under the guise of a letter from his underling Gardiner this clerk impertinently writes back … “as a gesture of goodwill to you I enclose a copy of your PRF as requested by the ICO.”.

Go Here.

Of course disabled FSV-FMG challenged this portentous statement in a letter to Warren which is  simply an

outstanding letter which summarises the heinous treatment he and many others have received at the hands of Warren over these past 8 years, having travelled his Hardship Route.

Warren is a fool to alienate such accomplished potential opponents . Go Here.

Never one to leave matters incomplete the indomitable disabled FSV-FG “ being curious about the circumstances now thrust upon me.”… once more in January 2015 having pondered on the contents of his private and service records contained in his PRF and having carefully read the contents of the Morning Bugler, in particular 1992 Statutory Instrument No.129, concluded that there were still more ‘curious’ circumstances concerning the calculation of his pensions which he ought to seek clarification on from the LFRS so he contracted his pension providers the now renamed LCC  ‘Your Pension Service’, Wisdom of course. Go Here

Measuring your Opponent

One substantial oversight by clerk Warren and his coterie of unqualified pension lay ‘experts’ is that long before they were unfortunately employed by the LFRS and the LCC, Officers in the  Fire Service nationally were being carefully selected to attend the Fire Service College famous ‘Long Fire Prevention Course’.

This was an examinable, pass/fail,  intensive mind-numbing full time 16 week course on the construction, the reading, the understanding, and the subsequent enforcement of the 32 very many complex and varied Acts of Statute Law which they were subsequently required to enforce on the streets at that time.

Disabled FSV-FMG was such a successful candidate as indeed was the Bugler.

A prerequisite to understanding the law is the capability not only to understand its drafting structure and intent but to actually read and understand its inflections and nuances.

It is self evident that this clerk Warren, his contractors, and his current legal ‘advisors’ simply do not have this essential academic background or training, nor the accomplished implementation skills which is reflected in their day to day working ignorance of the pension laws they are responsible for.

Even, when its suits, ignoring the Home Office who at considerable expense and consultation produced the famous expert ‘Commentary on the Firefighters Pension Scheme’ which in all probability they disdained because they could neither read nor understand even this plain English edition, but ‘umble Firefighters  like  disabled  FSV-FG  could.

In spite of these pension ‘experts’ obvious inability and general legal illiteracy, a skilled but disabled FSV-FG set out  to patiently ask the LCC  ‘Your Pension Service’ a series of simple plain English questions in correspondence in order to establish what is called in law, ‘common ground’. In other words both sides to a dispute agree that, barring a Court’s decision to the contrary which has primacy, that this is what a particular provision of a law, in this case Statutory Instrument No.129 and its detailed provisions, actually mean in practice.

In the deliberately slow and ‘lost’ correspondence which followed, disabled FSV-FG, was able to extract ‘common ground’ agreement point by point but only up to the point whereby Wisdom et al entered their endless loop of legal ignorance returning to the same incorrect point time and again which, in a nutshell was, that it really does not matter what the law says it is what we say that counts.

A  mind numbing ‘paralegal’ philosophy yet again of ‘I will because I can’.

N.B. A paralegal, a rather faux expression, is an individual ‘qualified’ by work experience who is employed by governmental agency, or other entity, and who performs specifically delegated associated legal procedures for which a lawyer is actually responsible.
It makes more sense just to write ‘clerk’.

So which part of S.I.129 is Warren/Wisdom unable to understand? Or more accurately for their own devious purposes, which part is it that, by their calculating responses, they say that they are unable to understand?

  The Great Charade

For light relief the correspondence (with journalistic licence) went something like this:

Q: Why am I being paid a Rule B1 Ordinary pension when you compulsorily discharged me and awarded me a Rule B3 ill-health pension and Rule B4 Injury award?

A: That is because we have decided that you are only entitled to a Rule B1 Ordinary pension…

Q: But you agreed and confirmed that you compulsorily discharged  me with a Rule B3 ill-health pension and Rule B4 Injury award? So why am I receiving a Rule B1 Ordinary pension?

A: This is all a bit technical for you and I am enclosing the relevant parts of the S.I.129 but you will see you have completed 35+ years service and thus regardless you are only entitled to a Rule B1 Ordinary pension for 30 years service…

Q: But doesn’t the HO Commentary state in plain English  that a Rule B3 ill-health pension and Rule B4 Injury award are compensation for loss of my income through injury/ ill health?

A: Yes it does but the words I am reading does not put a construct(ion) on it quite like that…

Q: Rule B1 says that I am categorically not allowed by law to receive a Rule B1 Ordinary pension if you awarded me a Rule B3 ill-health pension and Rule B4 Injury award is that not so?

A: Yes it does…

Q: Can you explain to me what is the purpose of Rule B3/B4 if it was never going to be used to compensate me and others in the event I/we were compulsorily discharged through ill health/injury?

A: These Rules are only for those who were injured before they had served 30 years and you served more than 30…

Q: Are you saying that if I was injured after serving 30 years or more and was compulsorily discharged I would not receive compensation in any form, but if I was injured before 30 years service I would? Where does it say that?

A: Yes, because you have served 30 years and are only entitled to a Rule B1 Ordinary Pension and because I cannot find where it says that yet, but please refer to my answer to Q.5…

Q: But why am I being paid a Rule B1 Ordinary pension when you compulsorily discharged me and awarded me a Rule B3 ill-health pension and Rule B4 Injury award?

A: That is because we have decided that you are only entitled to a Rule B1 Ordinary pension…

Q: But is that not in contravention of the Statute law?

A: Yes, that is what the law says, but it  does not mean that…

Q. Please explain to me what role Rule B3 plays and why was it included in the S.I.No:129?

A. Regardless of how many years you have served and how much extra contributions you have paid on top of 30 years service, and regardless of whether or not you were injured on duty, and regardless of whether of not we compulsorily discharged you, Rule 3 Paragraphs 4 and 5  limit your pension to a Rule B1 Ordinary pension…

Q. But you have just told me, and we have agreed, that Rule B1 forbids the payment of a B1 Ordinary Pension if you have awarded me a Rule B3 pension?

A. I am including the relevant parts of SI129 Rule B3 for your information…

  Reductio ad Absurdum

Finally this correspondence with the LFRS/LCC and its patently obvious paltry pension law knowledge brought, as anticipated, a patient but determined disabled FSV-FG to the point of reductio ad absurdum.

This famous Latin expression reflects a common form of legal argument which seeks to demonstrate that a statement is true by showing that a false, untenable, or absurd result is a fact in law when it is clearly nonsense.

But quietly, disabled FSV-FMG had established inescapable common ground points in law until Warren/Wisdom’s creative imagination and their version of the law  ran out,

and signally, they failed to underpin their statements with legal authority which should have included quotes from any Legal Opinion (s) which by this extended time they ought to have in their possession.

Once more disabled FSV-FMG exercising the privileges of his former rank wrote to the Chief Fire Officer, not as he made clear to the CFO at one acerbic point, a clerk whom he would not normally speak with on any matter of importance. Go Here. 

Eventually 1 month later Warren roused himself enough to reply. Go Here.

  Arrogance, Ignorance,  Envy, and Meanness

It is clear that an all pervasive and erosive ethos exists in the minds of the clerks administering pensions that the law really does not matter and can be disregarded with impunity.

This ethos is coupled with the false notion that not only are they the law but they can with impunity exploit the ignorance of the law by FSVs who it must be remembered in their naivety placed their unwavering trust in those who would administer their pensions, with honour and honesty, when the time came to have their pension placed into payments.

Would that this was so, but as we all well know this trust was ruthlessly exploited and shamelessly manipulated.

Were these clerks’ actions driven by limitless power coupled with envy and small minded meanness?

Only these clerks can answer that question but objective Readers can also.

These clerks nauseatingly remind FSVs that they are the ‘husbanders’ of all these public funds, once again forgetting the fact that it was not just public monies, but a common ‘pension pot’ which includes substantial FSVs’ monies.

Have they conveniently forgotten the 11% contributions paid into these Pension Funds by FSVs, over their working lifetime of saving and investing for their green pasture days?

Legal Opinions

So before we leave this miasma of deliberate ignorance by the LFRS there is one topic which must be placed before the Reader, Legal Opinions.

In the early days of this dispute the LFRS sought a legal Opinion to attempt to legalise their arbitrary and oppressive actions in recovering alleged ‘overpayments’.

This was in addition a smokescreen to divert attention from their abject failure to manage the Lancashire Firefighters Scheme in the first place but was also to provide career protection for all these clerks involved.

The Legal Opinion which the LFRS purchased even though they had in-house resources via the LCC was never published to anyone though it seemed to come via Eversheds; clerk Warren carefully cherry picked and quoted the small parts which supported his motives…and protected his employment.

The facts of the matter in law were very simple.

No one doubted the LFRS legal right to recover monies they had paid in error but they conveniently forgot to quote the unpleasant Truths from the Opinion they had received.

There was the small Truth of the 1980 Limitation Act which set limits on the time period the LFRS could go back in recovery, which is yet another example of ignoring those portions of the law which did not suit the LFRS version of the Truth and which ignores their over arcing Statutory failure which was the duty to pay the correct pension(s) in the first place.

During the period of the dispute which followed the LFRS have never on a single occasion repeated the practice of seeking or supporting their position with another legal Opinion, or Opinions, when it came to the point of whether or not over the preceding decades it had, or had not, been paying the correct pensions to hundreds of their disabled FSVs.

Now this seems very odd on the face of it or a surprising omission given their previous enthusiasm for seeking a legal Opinion where 167+ so called ‘overpayments’ were concerned.

It is a reasonable conclusion, based on their coyness when this subject is raised, that it is probable that they have indeed sought and received such an Opinion but it has brought the gloomiest of news.

Namely, that they owe millions of ££s in underpayments to their own Scheme Members, which has now become the ‘secret of all secrets’ that Warren has kept, not only from  the elected Members on the CFA, but from public scrutiny, by claiming ‘privilege’ should anyone suspect its presence and ask for it under FOIA.

This position is about to change rather dramatically because regardless of whether or not the LFRS have previously received an Opinion on the accuracy of the pensions already paid out to Scheme Members the use of Statutory IDRP Stage II by disabled FSV-FG has placed a legal onus in Statutory law on all 25 individual elected Member of the LCFA which he has further reinforced by the issue of an individual legal service of his Stage II Application to each of them.

The Statute requires that when a LCFA decision is concluded that it will present to the Applicant a detailed legal ‘Determination’ which has been legally underpinned with the authority of detailed stated pension law encapsulated in a supporting Opinion.

Should this ‘Determination’ avoid compliance with the law and consequently the Applicant not be satisfied with this ‘Determination’ then it will need to be of such a legal standard in defence of the LCFA position that it will be capable of withstanding the scrutiny of the Court of the Pensions Ombudsman, the High Court of Appeal, and if needs be, the Supreme Court and the ECJ.

How such a ‘Determination’ could be concluded without individual elected Members of the LCFA (who have no knowledge of pension law) receiving the benefit of independent legal advice in the form of an Opinion, or better still, Opinions, is indeed a moot point.

Should, for example, the LCFA maintain the position that disabled FSV-FG is being paid the correct pension and state that their ‘Determination’ is based on ‘privileged’ legal advice, one assumes an Opinion(s), then when this dispute is placed before the Court of the Pension Ombudsman it can also be assumed that P.O. Mr.Arter’s first and obvious question to the LCFA will be, was the LCFA ‘Determination’ based on independent legal advice and if not , why not?

Of course at that point the LCFA will be by Court procedure required in ‘discovery’ to release that Opinion(s) to disabled FSV—FMG’s legal advisors so that they can argue his case before the P.O., and any subsequent Courts of Appeal.

On the 19th June 2016 , in another case, P.O. Mr.Arter made the following statement… “ In future, if I believe the case is of wider importance, I will consider the merits of instructing counsel.”

There can be no doubt of the “wider importance” of the case of disabled FSV-FG and if the PO considers such a routine action of ‘instructing counsel’ then one wonders why the LCFA would not?

If the Reader wants the correct Opinions in law Go Here.

  Statutory Internal Dispute Resolution Procedures

So finally having patiently reached the point that the Statutory Instrument No.129 was a clear as mud to these clerks and rather than waste more time with their transparent ignorance of the law and their stonewalling it became time for disabled FSV-FG to invoke 1996 Statutory Instrument No.1270 IDRP which is a Statutory Instrument of the 1995 Pension Act. Go Here.

A Statutory Instrument which was further clarified by the DCLG in Fire Service Circular 1/2009. Go Here.

On the 15th December 2015 disabled FSV-FG submitted his Stage I application which took the form once more of simple questions. Go Here.

After the Statutory 2 months on the 19th February 2016 the Chief Fire Officer issued his Stage I ‘Determination’ though multiple authors can clearly be spotted in the prose, a case of the blind leading the incompetent. Go Here.

N.B. Of particular interest is clerk Warren’s reference to Item 4 and ‘another case’. This is without doubt the most bizarre statement the Clerk has made to date in which he lies about telling lies to the Pensions Ombudsman which is a  matter of evidential fact and which will be presented to the Readership shortly for their judgement in another expose of this Master of Mendacity the leader of the Mendasineers and an accomplished dissimulator.

The Bugler is grateful to the Clerk for reminding the Editor that on the Journey of Truth that this blatant example of his unbridled mendacity needs to be published using the original correspondence as the Clerk is entrapped in his own web of falsehood, manipulation, and dissimulation gone spectacularly wrong…

Disabled FSV-FMG – IDRP Stage II

Hardly surprisingly the CFO’s ‘Determination’ simply confirmed his advisor’s (Wisdom/Warren/Nolan) flawed opinion on the pension law and as an expected consequence disabled FSV-FG subsequently invoked Stage II of the Statutory IDRP and made Application to the LCFA that they carry out a review of the CFO’s ‘Determination’ and that the elected Members of the LCFA make a ‘Determination’ on Stage II within the stipulated two calendar month period. Go Here.

At the same time a personal electronic copy was issued to each of the 25 elected Members on the LCFA and to the political Leaders of the Lancashire County Council(who eventually acknowledged).

In what can only be described as a miraculous act of alacrity bearing in mind that disabled FSV-FG had hand delivered his Stage II Application to both the CFO and the Chairman of the CFA on Thursday 16th June he received from the inimitable Warren an acknowledgement and response on the following Tuesday morning of the 21st June 2016.

What is of particular note in this response is that whomever cobbled together the hasty reply seems to be under that misapprehension that there are LCFA IDRProcedures, and then again puzzlingly, there is the Statutory IDRP?

Quelle est la différence?

It is rather confusing that any person of real legal note would be unable to distinguish the difference between two sets of procedures in the unlikely event that two actually exist? Why would they? Go Here.

It is also fascinating to record that Warren brazenly decided to ignore the existence of Parliament, its enactment of the Statutory IDRP, and need or consequence of the existence of the 25 elected members of the Lancashire CFA.

Though in the case of the latter he is entirely right to do so such has been their response to the electronic delivery of

disabled FSV-FG’s Stage II Application where out of a total of 25 elected LCFA councillors only 2, (Cllrs Crompton & Smith-Labour) chose to acknowledge receipt of what is only after all the legal service of a Statutory Notice under the Statutory IDRP.

Not that it matters but Warren’s response contains not a single word of comment/rebuttal on the question of pension law.

Once more confirming his complete ignorance of such matters which is odd given he is only the delegated Lancashire Firefighters Pension Scheme manager.

He did seem overly anxious, indeed panicked, by his critical need,  as anticipated, to avoid losing control of the ‘game’ using, as ever, his rather threadbare overused publicly transparent stonewalling and deceit.

This game is played out.

But because Warren has no role, nor should he, in the IDRProcedure other than his pension ‘management’ actions being subjected to scrutiny and accountability disabled FSV-FMG responded, not to clerk Warren, but to the Chair of the CFA CC F.DeMolfetta. Go Here.

In light of the underwhelming response from the habitually lazy Councillors of the LCFA and having approached the LFRS Democratic Services who refused to accept the legal service of the Statutory Notice to all 25 elected Members disabled FSV-FG at his own considerable and unnecessary substantial  expense sent a full recorded delivery copy of his Stage II Application, with its current associated correspondence, to every single councillor on the LCFA.

An individual Statutory Notice has now been placed before every single councillor and the Bugler will publish the individual names and political party of those who refuse this legal service, which is a Contempt of Court, and thus it will be reasonable for the Public and their electorate to assume that they are complicit both jointly and severally, in a public act of corruption in direct breach of the Statute law.

   Where is the Spirit of Lancashire?

The 1st July 1916 at 07:30hrs is an especially poignant moment in the living history of Lancashire. It encapsulated all that was Heroic in the days of a living Lancashire Spirit.

There was exemplary comradeship born of the common bonds of hardship in this industrious class of Lancashire men who stood ankle deep in the mud and rats of Flanders Fields awaiting their Fate.

These were real men, even admired by their enemy who watched from a 1000 yards away; they possessed special human Lancashire qualities even in their domestic poverty.

A innate spirit of Nationhood and Identity; an innate spirit of Dignity; a innate spirit of Duty; an innate spirit of Honour; a innate spirit of Decency; an innate spirit of Fair Play; an innate spirit of knowing Right from Wrong; an innate spirit that it was Right to be Honest.

But because they were Lancastrians there was never a question of courage, neither physical, nor moral. They always knew what had to be done and regardless of the personal price, they did it.

And lest we forget, there were Lancashire Firemen who stood in those trenches…

When next, the elected Councillors on the Lancashire Combined Fire Authority, in all their indolent vanity, stand before a Cenotaph listing the Accrington Pals and the ‘Glorious Dead’ of this Nation there is but one question which they should ask themselves.

How would I have measured up to these Heroic standards and values and its final challenge of Life or Death?

In the 8 long years of this pension struggle not one single Councillor, including to his eternal shame a Fireman called Wilkinson, has stood up publicly to be counted in defence of their disabled Firefighters in their fight for Truth and Justice.

Is this how the world Readers of this newspaper will measure the Lancastrian Spirit of today when the flags flutter; the drum beat rolls; and the bugle sounds the Last Post?

It is 07:31hrs, the whistles have sounded, we did our duty, now the time is overdue for you Councillors to do your duty.