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Vol 31~ 8th August 2019.

Current Affairs ~ Volume 31 ~ 8th August 2019
This Volume at a Glance:

• Disabled FSV~FG a ‘Stalking Horse’ Pension case from beginning to end;

• Disabled FSV~FG an Officer of his Fire Service Generation?

• Disabled FSV~FG seeks his Personal Record Files(PRF) from LFRS;

• LCC/LFRS Pension Law Capable or ‘Custom and Practice’ clerks?

• Internal Dispute Resolution Procedure;

Disabled FSV~FG initiates IDRP Stage I ;

• The ‘Ticking Clock’;

Disabled FSV~FG initiates IDRP Stage II ;

The ‘LCFA’ Response ?

• LCFA negligence & Criminal Misconduct in Public Office;

• Culpability ~ LCFA Elected Members;

• LCFA ~ Sleepwalking To Bankruptcy ?

Outstanding 1998 Data Protection Act ‘subject data’ Request;

• Disabled FSV~FG and The Pension Ombudsman.

Disabled FSV~FG an Officer of his Fire Service Generation

A ‘cradle to grave’  Fire Service College educated Officer, trained extensively and repeatedly throughout his Service career by repetitive attendances at the College to absorb all relevant disciplines including the reading, interpretation, and implementation of Fire Service applicable legislation.

In calculating the correct pension he ought to have been receiving, from its inception in July 1998, disabled FSV~FG read, understood, and used the applicable Law; 1992 Statutory Instrument No:129 & Schedules (its included data formulae) in conjunction with the plain English 1992 Home Office ‘Commentary’ on the Statute.

From that point forward it was a simple matter of inserting his relevant personal data(including his attained, and/or, projected rank  and Service, had he not have been injured) into the Statutory formulae provided in the SI to correctly calculate the monies he should have been paid, as against the underpayment he had actually received, and is receiving, for the continuing period of his pensions.

In addition, due to the ‘loss of amenity from knowingly fraudulent underpayments, he is entitled to apply and calculate,  based on established Court case law,  

commercial compound interest rate on those monies which continue to be owed to him whilst taking into account in this Invoice a Barrister’s Opinion on this specific aspect by Mr. John M. Copplestone-Bruce(Inner Temple) published on The Morning Bugler.

It should also be stated at the outset that the time line, with its included associated contemporaneous correspondence exposes the deliberate obfuscation all pension Complainants are subjected to by their pension providers and The Pension Ombudsman working in complicity to defeat the Law and thus deny these Pension Beneficiaries their just pensions.

This commentary on disabled FSV~FG case is designed to act as a guideline for all Pension Beneficiaries(including first or second person) who suspect that they may also be being knowingly defrauded of their legitimate disablement pensions viz, SI 1992; Rule B3 and/or Rule B4 pensions; Widow’s Half pay benefit, and other associated benefits entitlements, which they and their legal representatives may wish to explore for themselves using ‘The Morning Bugler’ as a research and support source, on the route to TPO.

Disabled FSV~FG seeks PRF from LFRS

On or about October 2010 disabled FSV~FG overheard discussions at a Service funeral regarding  queries arising in connection with, whether or not, disabled FSV’s were receiving the correct disability pensions from the LFRS. This raised his interest.

Ultimately he became aware of a relevant website called ‘The Morning Bugler’ (TMB) which he consulted, researched, and absorbed.

On the 21st October 2010 intrigued by TMB’s contents he decided as a first step in seeking clarity to write to the LFRS.

He was aware from his Service background of his ‘subject data’ entitlement under the 1998 Data Protection Act ; he paid his Statutory £10 fee; and asked for a full copy of his Personal Record File(PRF) in particular asking that all his Service pension records be included.

He anticipated, based on the palpable experience of others on TMB, that the LFRS would not be helpful. He was not to be disappointed

As anticipated, the LFRS immediately commenced ‘stone walling’ in the person of Mr.L.Gardiner the FOI manager.

Eventually disabled FSV~FG now being aware of previous issues between the ICO and LFRS in the matter of PRFs complained to the Information Commissioner who replied directing him to write to the LFRS reminding them that the ICO had, over a period of 5 years, already made positive release decisions on similar requests from other LFRS FSV’s to which they must comply.

Grudgingly under ICO threat of Contempt of Court proceedings the LFRS finally released his PRF in August 2011.

Readers may recall that fraudster Gardiner-the-Greedy who lives in Warrington and during his sojourn with the LFRS repeatedly claimed visits to the new North West Fire Control , for which he had not the slightest responsibility.

This became 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 fraud 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 Warren’s career boat later on with such secrets.  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 would ‘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 were 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 reappearing in a ‘holding post’ with the Lancashire local authority Pendle Community Service.

LFRS moles informed  the Bugler that Gardiner then reappeared after another suitable ‘cooling off/cleansing’ period at the Cheshire Fire and Rescue Service HQ  in Winsford as none other than, you will have guessed, its Data Protection & Freedom of Information manager with no doubt an intact transferred local authority pension; without the post being advertised; without examination of his prior ‘credentials’; without short listing; without interview… so it is reasonable to assume that Gardiner was, and remains, a grateful though criminally fraudulent Freemason.

For the Contemporaneous Correspondence Go Here.

LCC/LFRS Pension Law Capable or ‘Custom & Practice’ Clerks?

Following a study of his PRF in association with the relevant pension law disabled FSV~FG decided to explore the legal capability of his LCC pension providers(‘Your Pension Service’ ~ who work under the instruction of the LFRS) but who claimed pension legal ‘expertise’ in the persons of the LCC Head of Pensions Mrs.D.Lister and her deputy Ms. J. Wisdom but who it transpired in reality were just unqualified local authority pension ledger clerks but who astonishingly were, and remain, responsible for over 120 LCC Pension Schemes disbursing £3-4mil in pension payments per annum; the latter, Wisdom, later falsely claimed  she possessed a ‘degree’ in pension administration when in fact she did not…

The initial objective was to ascertain the actual competency of Lister/Wisdom/LFRS in pension law, and whether or not, this was based on their direct competent  legal training in, and knowledge of, actual pension Law, or was this claimed ‘expertise’ simply based on an accrual of inherited monkey-see-monkey-do custom and practices during their in~post ‘training’ ?

The natural flaw in all of this is that these originally established custom and practices should have been  originally firmly grounded in training in absolute law at the beginning of their employment by formal staff training and then by repetitive training as staff change, and if this was not so, then were  these current custom and practices in fact simply a collection of anecdotal custom and practices by unqualified-in-law ledger clerks? 

To achieve the objective of establishing the validity of these customs and practices the adopted strategy was to ask a series of simple test pension questions by email from various FSVs which demanded simple answers. 

For example, why was disabled FSV~FG being paid a Rule B1 Ordinary pension when the Fire Authority had decided to compulsory discharge him under Rule B3 (ill-health) and Rule B4(injury award) ?

Wisdom responded on 23rd February 2015 in which she contradicted both the law and herself repeatedly stating that disabled FSV-FG’s pension was calculated as a Rule B3 ‘ill-health’ pension ~ which is correct ~ but then with complete confused aplomb ~ a hallmark of her lack of sound legal training or knowledge ~ she proceeded to state that his Rule B3 pension was in effect ‘capped’ (there is no such reference to any such word or meaning in the Statutory Instrument) by Rule B5 (a notional pension) thus making it a Rule B1 Ordinary pension !

In effect, in spite of being awarded Rule B3/B4 pensions, he was unlawfully being paid a Rule B1 Ordinary pension, but for which there was no ‘Wisdom’ of legal explanation?

Now if anyone’s logic has failed them at this point one ought not to be ashamed.

Once more disabled FSV~FG sought clarification on the points Wisdom had raised in this correspondence.

Wisdom replied on the 7th April 2015 including her rationale ~ which is not the Law ~ but which simply confirmed her ignorance of the Law, in that she was clearly incapable of reading or understanding the ‘art’ of the Law; but still clinging in legal ignorance to the absurd notion, in the face of the drafted Law, that even the Rule B1 Ordinary pension he was being paid was, in her legerdemain, not only ‘capped’ but was the ‘equivalent ‘of a Rule B3 pension; which not only flew in the face of the Statute but begged the question, what then was the function of Rules B3 and B4? ; a question which she has never been inclined to, nor capable of, explaining.

This absurd position then became the mantra of the LFRS and those ‘explaining’ the Statutory Instrument to legislatively ignorant Pension Complainants, up to, and unbelievably including an ‘opinion’(Not a Determination) from TPO in March 2019.

Legislatively ignorant feeding on, and sustaining, legal ignorance.

In further correspondence disabled FSV~FG then used the relevant formulae which Wisdom had supplied to calculate an Invoice of Personal Loss, including compound interest, of the monies he was owed in payments on his pensions, which amounted to a 21 year balance of some, £554,905.87.

It ought to be remembered that it is always an important point in Law, in all these proceedings, to issue a formal Statement and/or an Invoice to the Fire Authority confirming personal income loss.

Not surprisingly this correspondence, including the Invoice, was ignored but it is on the record.

Nevertheless at the conclusion of this exploratory exercise five critically important points were confirmed:

(a) The LFRS confirmed that disabled FSV~FG was entitled to Rules B3 and B4 pensions by reason of a decision of the Lancashire Combined Fire Authority; a position lately re~confirmed by TPO.

(b) The LFRS confirmed that disabled FSV~FG was Statute barred from receiving a Rule B1 Ordinary pension, under any circumstances, because the Fire Authority had decided that he was entitled to a Rule B3(ill-health) and Rule B4 ( Injury Award); a position lately re~confirmed by TPO.

(c) That neither Lister (in a prior Court case Lister stated on Oath that she had not a single pension administration qualification), nor had Wisdom had any formal training in the ‘art’ of reading the relevant Statute Pension Law.
That their claimed expertise was simply accumulated anecdotal custom and practice which they used regularly with its consequences of under and over payments which simply confirmed that jointly with the LFRS they had not the slightest understanding of Statutory Instrument No:129 law which they claimed to administer for over 2000 Lancashire FSVs and their Beneficiaries;

(d) TPO in its ‘opinion’ in March 2019 confirmed on behalf of itself and the LFRS/LCC that “there was no dispute” that disabled FSV~FG  was entitled to receive Rules B3(ill-health) and Rule B4(injury award) pensions; furthermore TPO confirmed that he was Statute barred from receiving a Rule B1 Ordinary pension. 

(e) But, the LFRS/LCC jointly with TPO failed to explain using ‘legal authority’ why he was not receiving his correct entitlement since 1998?

In rounding this up disabled FSV~FG rather neatly summarised the LFRS’s unsupportable position in a letter on Tuesday 1st September 2015 by exercising his privileges of rank in directing it to the Chief Fire Officer Kenny, who  replied one month later via clerk Warren on the 1st October 2015 without any explanation or apology for the delay.

The contents, were simply regurgitated ‘Wisdom’ which now confirmed Warren’s own complete and abysmal knowledge of Pension Law as the delegated Pension Scheme manager.

A response which he had drafted for CFO Kenny!

Furthermore it failed to take the opportunity offered to confirm that the LFRS position was supported in law by a Barrister’s Opinion thus confirming that they did not possess an independent legal Opinion, or if they secretly did, it was adverse to the position they had adopted.

Further, with reference to clerk Warren’s internal bullying, that this perverse and false reply was a perfect example of his perpetual and endemic mendacity/misconduct in public office when challenged about his abuse of power both external and internal.

Having presented several last opportunities to the LFRS/LCC to have a sober rethink about their ‘interpretation’ of the Law and certainly at the very least taking this last opportunity to seek a Barrister’s Opinion on the self-evident illegal stances which they were collectively adopting in error, they rejected all these opportunities, effectively exhausting any further dialogue.

In any event as disabled FSV~FG sagely points out there is no tolerance supported in the Statutory Instrument for any form of compromise because self-evidently the ‘Law is the Law’.

For the Contemporaneous Correspondence Go Here.

Internal Dispute Resolution Procedure ~ IDRP

In continuum it will be useful to provide a brief refresher outline of the legislative background to Internal Dispute Resolution(IDRP), its function, its purpose, and who can use it…

IDRP, a Pension Statute, was amended  by enactment in ‘2008 No:649 Pensions’. Its normal function is to provide a legal framework within which initially Pension Complaints and issues can be dealt with informally as they arise within a normal, mutually respectful, arbitrational, and trusting atmosphere, between a Pension Scheme Beneficiary and a Pension Provider in order to reach a mutually acceptable resolution and thus preclude the necessity for the formal use of IDRP and/or subsequent Court action.

Needless to say this does not apply to the LFRS.

The term ‘Internal’ can be misleading. It implies that a Complainant must be an active or former member of the Fire Service to initiate the procedure but when one considers that a Beneficiary, for example a Widow, or Beneficiaries in general can directly use it also without recourse to a solicitor or a ‘representative’ its potential use becomes much more simple, significant, and attractive to those persons pursuing their pension rights.

Indeed the law is clear, such a person need only be a Beneficiary (in its broadest sense) of a Pension Scheme to have the legal entitlement to use IDRP when and how they choose, unencumbered, and directly with the Pension Providers.

There is a proviso that that they keep within the Statutory time frame(3 years) for complaints  and implement the simple paperwork Procedure which the Pension Providers are required to supply as template Application forms to the Beneficiary.

All this is assuming that IDRP has becomes necessary because informal discussion leading to a mutual resolution has failed.

IDRP with respect to the Fire & Rescue Service(FRS) is allowed to be a little different. Normally IDRP has a single Stage process that is Beneficiary/Complainant direct to Pension Provider.

In the case of the FRS it hs two Stages.

Stage I is between the Beneficiary and the Chief Fire Officer when (s)he is given two calendar months to investigate properly and provide a formal decision. Usually by this time discussions have failed to produce a mutual resolution and the CFO takes up a defensive position of the

rejection of a Complaint which of course must be based on independent legal advice which he has received and which the Complainant has been fully informed of.      

‘Ambushing’, as it is called much later in UK law, is not permitted by the Courts.

Stage II, once more using the template Application forms provided by the FRS, is as involved as one wishes to make it, but all within the time framework of two months which the Fire Authority have to reply.

It can for example just be a bald re-statement of the original Complaint, or after seeking assistance, it can be a bald re-statement of the original Complaint but supplemented by amateur or professional legalese quoting the pension law and outlining where the Complainant believes the CFO has got it all wrong again.

The stark difference between Stage I and Stage II is that the Complaint in its entirety including all the correspondence and the result of Stage I shall  by Statue law be presented to all the Elected Members of the Fire Authority, or its authorised Quorum for Pensions, to be completed within 2 months.

Remember the burden of proof falls on the CFO and the Fire Authority to demonstrate that they are correct in law by, in detail, quoting case law and legal authority for any negative decision they conclude.

It is reasonable for the Complainant to assume that the Fire Authority has sought and obtained legal advice, at both Stages, which it would be for the Fire Authority to share with a Complainant in its written conclusion, if only for the Complainant to challenge the Fire Authority further at The Pension Ombudsman.

If a surviving Beneficiary of the 1992 Firemen’s Pension Scheme feels that their pension payments may well not be correct can the Bugler recommend further plain English reading on the IDRProcedure sources which have already been comprehensively addressed on TMB website and to be found at:

The Libraries ~ Legislation-Guides-Official Documents ~ Year 2008 Go Here.

Enacted Law-Read and Understand ~ Go to Sub Heading… Understanding the Pension Acts & DCLG ‘advice’ – Internal Dispute Resolution Procedures Go Here.

Disabled FSV~FG initiates IDRP Stage I

When disabled FSV~FG decided to initiate IDRP Stage I it was set against this back drop of the paucity of LFRS and LCC(The Pension Providers) Pension Law knowledge; having rapidly exhausted any dialogue, such as it was; and because as time advanced he became more positive in reaching a conclusion that he was not being paid his correct pensions.

Put simply disabled FSV~FG felt sure there was a case to be answered and the final straw was that the LFRS was clearly incapable, unable,, and/or unwilling to discuss this whole issue face to face with lawyers present if needs be.

It should be noted for those astute Readers following all this as an aid memoire or guide for the future because they feel all this may be applicable to their pensions that by disabled FSV~FG initiating the use of IDRP(which is completely free) he was moving from the realms of informal ‘dialogue’ into the exercise of his Statutory rights in law which was intended ultimately  to call the Lancashire Combined Fire Authority(LCFA) to account and in law to offer them a final opportunity to defend their actions supported by not only the law but by independent Opinion or Opinions of that law using ‘legal authority’ as a basis in fact.

So on the 18th December 2015 disabled FSV~FG initiated IDRP Stage I by ‘legal service’ that is by both recorded delivery, and by hand to the correct address of the LFRS SHQ; in addition the Bugler delivered a copy directly to the Chairman of the LCFA at his home address. There can therefore have been no doubt that these Application documents under IDRP had been legally served.

A Statutory time framework of 2 months for a IDRP Stage I normally starts the ‘clock ticking’ upon receipt by the respondent(LCFA) by hand or recorded delivery of the Application fully detailed in writing.  The respondent has 2 months to complete Stage I in full and without further delay issue a full and detailed response, or seek in writing, with a full legal explanation, an extension of this time period.

It is worth recording that Stage I could well just have been a repetition of the informal comments expressed in the earlier desultory ‘dialogue’ correspondence but because this was now a formal Statutory procedure it was thought best that Stage I should be based on the law and a legal analyses of where disabled FSV~FG thought the LCFA as the Pension Scheme manager was entirely wrong.

A glance at the documentation will confirm the beginning of the change of authorship and expert style to the later simply superb ‘ art of legalese’ of the inestimable integrity of pro bono Barrister Mr. John. M. Copplestone-Bruce(Inner Temple) who has authorised the publication of disabled FSV~FG case file in his generosity to help other disabled FSV’s and in particular their Widows and Beneficiaries which includes the use of his phraseology should they be so minded.

It goes without question that the Bugler feels that the imprimatur of such generosity by J.M.C.B. must be recognised by anyone exercising the use of all his professional material in any action they may wish to pursue on their own behalf even though J.M.C.B. has not asked for this.

Integrity is a shared value resting on all of us as a consequence.

Meanwhile In anticipation of an unacceptable response from the LFRS at Stage I, or in expectation that the LFRS would breach the 2 month Statutory time limit, disabled FSV~FG continued to prepare the full documentation for IDRP Stage II.

Remarkably the Chief Fire Officer of the LFRS replied personally on the 19th February 2016 within the Statutory time limit.

This was, as expected, simply a regurgitation of pension wisdom from Wisdom drafted for the CFO by clerk Warren but nevertheless this cleared the legal way to proceed immediately with IDRP Stage II.

The ‘Ticking Clock’

Since the commencement of his interest into, whether or not the LFRS was paying his correct pensions, disabled FSV~FG was particularly conscious of when the legal ‘clock’ may ‘have started ticking’ on this due legal process?

Because a Statute of 3 year time Limitation/Disbarment was a well exercised cynical ploy used time and again to reject Pension Complaints by the TPO under the direction of Ms.Nicol/Mr. Strachan their so called ‘Jurisdictional’ unqualified-in-law civil servants; a denial of Justice action which was in TPO’s complicit conjunction with the LFRS, anticipated by disabled FSV~FG.

Research and legal advice based on long established High Court case law clarified that the due process clock ‘did not start ticking’ until, in effect, the equivalent of the ‘Issue of Proceeding’ in County Court  had taken place, which in the case of the TPO was the formal issue of an IDRP Application by disabled FSV~FG under IDRP Stage I to the Fire Authority.

Though jointly  they might wished it otherwise, it was nevertheless the law.

Hypothesising that even if this was not the legal case and that the ‘clock ticking’ phase may have  commenced earlier when disabled FSV~FG became aware at some

indeterminate point, that he might not be being paid the correct pensions he would nevertheless be well within the 3 year statutory framework for submission of a Complaint to TPO when finally he became convinced he was not being paid the correct pensions.

Disabled FSV~FG applied a cautionary proviso to his own actions and in particular to those he would become engaged with, which was to ensure he did not allow the LFCA/TPO to waste time, to attempt deliberate sidetracking, or stonewalling in the wasteful misuse of time as the LCFA/TPO were notoriously infamous for.

It was an LCFA/TPO ‘game’ disabled FSV~FG was acutely aware of before commencing and others in the future may wish to dwell on this important legal point of time before they commence the path to the TPO.

The first TPO entrapping question will always be “when did you become aware/convinced that you were not being paid the correct pension?”.

To which the inevitable answer will always be … “When I first issued an IDRP Stage I Application to the Fire Authority”.

Contemporaneous Correspondence for IDRP Stage I
Go Here.

Disabled FSV~FG initiates IDRP Stage II

Having rapidly exhausted IDRP Stage I, which is more of a formality than anything else, it became time, without delay, to implement IDRP Stage II after disabled FSV~FG had been informed of the CFO’s decision in writing at Stage I.

Though in anticipating this result disabled FSV~FG had already drafted his Application for the implementation of IDRP Stage II.

It is an over arcing Statutory prerequisite for all Stage II proceedings that the Pension Complaint documentation ‘shall’ (law absolute) be placed directly before each  Elected Member of the Lancashire Combined Fire Authority via the Clerk(a solicitor) to the Authority.

Stage II should not be placed, before LFRS employees, whose legal role is absolutely clear which is to simply act a non-interventionist, non-commenting, administrative facilitators.

Disabled FSV~FG’s objectives at Stage II were as follows:

1. To reject the CFO’s Stage I Decision;

2. To initiate IDRP Stage II;

3. To place the detailed accurate law in curiam before the collective and individual Members of the LCFA for their personal adjudication with recorded Minutes and Votes;

4. To exercise normal procedural practice within IDRP where questions at Law are raised by a Complainant and with a reasonable expectation, that the LCFA would engage an independent Counsel to examine the Law and contained in the Complaint, and in

the LCFA to issue a lawful and legally binding conclusion which confirmed or countermanded the CFO’s decision all with detailed legal justification, and/or in the interim, to engage in a legal dialogue to facilitate such a conclusion;

5. To test and exercise the collective and individual democratic, criminal, and civil law mandate of the legal duties laid upon each individual Elected Member of the LCFA and their proactive individual impartial and honest conduct in public office;

6. To test once more the veracity and compliance of the Clerk to the LCFA; the Chief Fire Officer; and the delegated Lancashire Firefighters’ Pension Scheme manager and his staff, and his pension provider contractor the LCC, in their individual and collective lawful conduct in public office.

On the 16th June 2016 following extensive legal consultation and legal drafting disabled FSV~FG initiated IDRP Stage II in legal service by both recorded and hand delivery of document to the LFRS SHQ.

In addition, in further legal service, all 25 Elected Members of the LCFA received a recorded deliver copy of IDRP Stage II sent directly to their home addresses.

It was anticipated that by law a full and detailed response would be received from the Full Committee of the Lancashire Combined Fire Authority(LCFA) by 20th August 2016.

For Contemporaneous Correspondence Go Here.

The ‘LCFA’ Response ?

Normally if clerk Warren replies at all, after stonewalling for months, it is usually to be mendacious but in this case, hardly surprisingly it was only four days later on the 20th June 2016 when he acknowledged receipt of the IDRP Stage II  Application.

If the Bugler did not already know, he might have asked why?

The answer was, like Warren and his criminal associates, quite simple.

Criminals have a useful habit of repeating what they might consider to be a successful criminal deception in the ‘trade’. During the years when the Bugler was to be found  on the formal side of law and order, both at HMP Wymott, and on the Parole Board, where such corrupt ‘clever’ acts were known as ‘the smirk’.

We were all aware that this IDRP Stage II would as Warren once stated on the record be for him… ‘tricky territory’… when on that occasion he was corruptly arranging to send all the ‘Awkward Squad’ along with their Widows and Beneficiaries, down the LFRS pension “hardship route”; a policy endorsed by both CC F.DeMolfetta(Lab) and CC D.O’Toole (Con) which simply illustrates that being ‘out of control’ fellow Freemasons far outweighs their loyalty to any political party .

Previously clerk Warren and his associates had acted criminally in the case of disabled FSV~PB’s Pension Complaint by insisting to him that his case had been placed before all the Elected Members of the LCFA when in falsehood it had patently not. It was so simple to verify.

Not satisfied with this, Warren and his associates then in a pure criminal act knowingly substituted the 2008 Pension Guide to the 2006 Pension Scheme, for the 1992 Home Office  ‘Commentary’ to the ’92 Firemen’s Pension Scheme, thus deceiving the then Pension Ombudsman King, though whether or not King was complicit in this corrupt act, remains a moot point.

Warren and his associates would, on this strategic occasion of disabled FSV~FG Pension Complaint have to be seen with their fingers in, and robbing the Lancashire Firefighters’ Pension Fund publicly, which would confirm once more the endemic nature of their  complicit criminality whilst demonstrating publicly that everything has to pass their controlling sentry posts which is their corrupt way, as we all know, of restricting control of the the entire LFRS, which includes all the uniformed personnel from the new CFO Johnson down, and all the politicians(of whatever colour) from the Chair of the LCFA DeMolfetta upwards; limitless and unaccountable power  in the hands of a very corrupt few.

Because the Bugler et al knew the modus operandii of Warren intimately and the collective corrupt criminal conclusion based on normal practice,sociopathic mindset  of him and his LFRS/LCC associates,  along with the

great useless mass of LCFA politicians he controls, it was quite easy to lay a series of public man traps into which he and his criminal associates would fall, if driven to collective blind panic.

Tactics demanded that IDRP Stage II documentation was to be designed to collectively produce a concerted legitimate overwhelming number of elements of both accurate pension law and firm evidence of prior complicit collective criminality.

All designed to flush Warren and his associate out from their undergrowth and drive them in their required blind panic stampede into the public mantraps which had been set to entrap them and which in the event they all promptly and obligingly fell into.

Blind panic was to originate over those matters over which cWarren and his criminal associates would not easily be able to control but which would surely publicly confirm to those innocent employees at the LFRS what criminals he and his political ‘out of control’ Freemason cronies really are including, but not limited to, leading politicians LCFA Chair CC F. DeMolfetta(Labour) and CC David O’Toole(Conservative) to say little of their shady minnow LFRS assistants standing in their shadows of which their solicitors are examples.

The reality was in making such an attack of decency on public corruption at the LCFA/LRS and using the current Peak Panic situation as an analogy the exercise was to punch so many holes in the LCFA/LFRS dam that there was not enough fingers around to plug them with.

Clerk Warren had firstly engaged in major criminality to protect himself before from the TPO(Assuming it was interested) over the  FSV~PB Pension Complaint. Would he then act, as predicted, in a similar manner when dealing with disabled FSV~FG Complaint ?

Finally having learned nothing and not having the intellectual capacity to generate an original intelligent thought of his own clerk Warren and his political associates employed the same ‘smirk’ trick once more for a third time against the In~Service Firefighters on another pension dispute in which once more he and they alleged that this Stage II  has also been placed before all Elected Members of the LCFA in a month when neither emergency meeting of the LCFA or scheduled had actually taken place…

There is stupid, and then there is clerk Warren…

The correspondence generated by this successful strategy of honesty-against-corruption speaks volumes of how these criminals in association with the perpetual somnambulant disinterest of the Elected Members of the LCFA found themselves flat footed and finally without the power to control the events they found themselves in the middle of. Go Here.

LCFA negligence & Criminal Misconduct in Public Office

At the commencement of the drafting of this Application, you will recall, disabled FSV~FG set out 6 objectives which he desired to test with the purpose of illustrating Publicly just how corrupt his pension providers at the LFRS, the LCC, and finally the LCFA really are.

Number 6 on his list was to test and demonstrate how institutionally corrupt the LCFA and its Elected Members had become over the period of more than a decade which ran in parallel with the period of this Pension Dispute.

It could be suggested that these Elected Members had been repeatedly ‘groomed’ by the likes of Chief Fire Officer Kenny, Warren, and Mattinson the Finance manager in a gross abuse of their Politicians trust but as we well know Politicians have a primary duty which is to ask searching questions, coupled with calling those to account who they are responsible for, if only to build and sustain Public confidence in their Fire Authority.

What other purpose does the LCFA have for its existence?

It hardly stretches any imagination to conclude that the LCFA had become, and remains, too close to their ‘managers’ and indeed too trusting to even call them to account.

But let the Public be the final judge of the state of the LCFA by studying the perpetual case histories and hard evidence repeatedly presented on The Morning Bugler.

This IDRP Application is yet another such scandalous example of corruption which the LCFA have failed to address.

If one carefully reads the contemporaneous correspondence arising from disabled FSV~FG Stage II Application you will note particularly in respect of LCFA Elected Members and their public duties, the very careful legal drafting and the repeated use of ‘legalese’ in the prose which points out to these elected politicians not only what their public duties are, but more importantly

what their public and personal liabilities are also in terms of the civil and criminal law should they fail to conduct themselves properly in public office whilst carrying out these duties, particularly when certain criminal matters are repeatedly placed before them for their attention and they knowingly and deliberately fail to act.

It is a Citizen’s duty, which falls on every single person in the UK, whether or not, they are elected members of a Local Authority in which case they have to two principal duties to carry out, one as a Citizen, and the other as an Elected Politician in a democracy which is to immediately report all such criminality to the Constabulary because if they knowingly decide not to do so then they personally  become liable to the charge of aiding and abetting criminal acts.

The key phrase in law used in this Application were the words “severally and individually liable”.

In order to ensure that they knew what those duties are, and remain, again and again the legal points were made, in point of fact once more, mantraps were laid for these lazy, disinterested, or complicit corrupt politicians into which, as anticipated, every single one of the 25 Elected Members fell…

Indeed because of past experience with these politicians who had previously been named and shamed -though it is doubtful they were-at the LFRS/LCFA it was clear then and anticipated with this Application, that their continuing dismissively arrogant attitude would confirm their individual and collective criminal misconduct in public office which they obligingly did.

It will be of little reassurance to those Politicians who have ‘come and gone’ because the Statute of Limitations does not apply to criminal acts or to those, whether knowingly or not have aided and abetting such acts.

Ignorance of the law is still no excuse for failing to act.

Lancashire Combined Fire Authority ~ August 2019 ~ Labour Party Group ~ with no overall majority

CClr H.Khan

Clr H.Khan

Clr Smith

CClr Jackson

CClr Holgate

CClr Hennessy

CClr Martin

CClr DeMolfetta

CClr Parkinson OBE

CClr Khan OBE

CClr Beavers

Clr Blackburn

Lancashire Combined Fire Authority ~ August 2019 ~ LibDem & Independent Group ~ Holds balance of power

 

 

 

 

 

    CCllr Howarth                                                                                                                                                                 CCllr Oates

Lancashire Combined Fire Authority ~ August 2019 ~ Conservative Party Group ~ no overall majority

CClr Kay

Clr Williams

CClr Britcliffe

CClr Shedwick

CClr Wilkins

CClr O’Toole

CClr Brown

CClr Clarke

CClr Eaton

CClr Perks

CClr Stansfield

Culpability ~ LCFA Elected Members

Each Councillor was sent in legal service a single hard copy of the IDRP Stage II documentation at the  considerable expense of Recorded Delivery to each individual’s home address namely all the 25 Elected Members illustrated above.

It is beyond doubt that each Councillor received this documentation because a whole 2 of the 25 sent an acknowledgement, and indeed a third, the salacious Conservative County Councillor Britcliffe  refused legal service. Perhaps this might have something to with the expose as a serial sexual predator written up in his local press where he did the right thing by resigning from his Mayoral duties though his chum the Flash Miles Parkinson Miles(above ) rushed to his aid.  Go Here.

They are both in good company with the CPS reviewing the evidence presented to it by the Lancashire Police on County Councillor Geoff Driver CBE who remains perpetually on bail while still marching around County Hall all the while threatening those who gave evidence about him and  his nefarious activities with BT One Connect.

Nevertheless we are bound to ask how does clerk Warren and his criminal political associates manage to ‘control’ the sleeping mass of members on the LCFA?

Of course it is by a mixture of methods as you might expect. Playing on their collective disinterested laziness, coupled with their financial greed for doing nothing; across the whole gamut of greed for power with political ambitions; to the rigorous application of the appropriate Party Whips; to limiting their knowledge of what is actually happening for which most are glad of- ‘The I don’t want to know syndrome’; whilst dissimulating and drip feeding malicious gossip about those who oppose them; and when all else fails going behind closed door in Part II Meetings (Public excluded) and repeatedly destroying the integrity and character of their opponents.

A very useful component is the perennial ‘Thirds Rule’ when Councillors are required to do their duties…it goes like this…one third always will…one third will if asked…and one third never will…

It is also easy when the two leading politicians who are supposed to be in political opposition are in fact in bed together because they both have so much to lose which includes their £25k+ a year for their ‘special responsibilities’ as Party Leaders through to their loss of personal freedom now that they are well beyond the point of no return in criminality terms.

The day will come when first they smell that special smell of a place like HMPrison  Wymott or HMPGarth in Lancashire.

It just takes the curiosity of one Policewoman or man to believe the truth which they read on TMB for the wheels of the tumbril to begin turn, what a promotional opportunity.

But all this does not account for the single Independent Councillor, nor the single LibDem councillor, who mathematically ought to hold the balance of power but simply refuse to do a single thing with this unique power .

How do they account for themselves?

There is one final point which these Councillors well know but ought to be reminded of, which is that, whether they are current Councillors or ex-councillors on the LCFA or not there is no Statute of Limitations on criminal acts.

Nor for those who knowingly aided and abetted such criminal acts by turning away or refusing to have the courage to act on behalf of their disabled FSVs, Widows, and Beneficiaries for whom they are not only legally responsible, for but for the moral responsibility of those in their in pastoral care.

All these Councillors are going to have an insuperable task in denying all knowledge given the extensive and accurate archives held by The Morning Bugler which reflect that at a given moment in this 11+ years saga, and repeatedly, every single Councillor will have received a direct communications from the Bugler on this Pension Dispute.

Frankly the only escape from Justice will be via the Grim Reaper…

LCFA ~Sleepwalking To Bankruptcy ?

Finally before the Bugler moves to the next stage of this Pension Complaint which is now lodged before The Pension Ombudsman, which is yet another interesting tale of obfuscation, abuse of power, and corruption, and then there is the not so small matter of the expenditure of the Lancashire Taxpayers all this has cost, and will cost, which is principally attributed to clerk Warren the manager of the Lancashire Firefighters’ Pension Scheme Fund(LFPSF) and his ‘associate’ Mattinson the Finance manager at the LCFA/LFRS.

Presently as the Bugler has reported there is the dispiriting matter of the LCFA finding some £4.5mil to reimburse the LFPSF which clerk Warren ‘borrowed’ from with the approval of his chum Keith Mattinson the Finance manager supported by all the Members of the Fire Authority which commenced a decade ago by short changing the In-Service Firefighters on their future pensions. 

Recently after engaging an accountancy firm,  and then a Barrister for an ‘Opinion’ the LCFA were advised that with compound interest it will have to find restitutionary payments in the region of £4.5mil; the Barrister’s opinion is that this is the amount they will have to find to legally payback into the Pension Fund which cWarren and Mattinson knowingly ‘borrowed’ from it, a blatant fraudulent act.

However this is just the LCFA’s accountants’ figures and their Barrister’s ‘Opinion’.

The wronged Firefighters representatives will do their own accounting and get their own advice legal advice which will not ignore such matters as, for example, will this restitution include paying back the Firefighters their overpaid  income tax with compound interest?

Tax they ought to have got tax relief on if their pay had been pensionable, as it should?

And because the LCFA and their agents cWarren and cMattinson, knowingly engaged in fraud this will attract Exemplary Damages at Court and/or ex-gratia payments to be shared among these defrauded Firefighters who will certainly be minded to report this complicit criminal fraud to the Lancashire Chief Constable.

Now one wonders how the senior officers, the Masons in Lancashire Constabulary, will handle that?

In the meantime LCFA Chair, CC F. DeMolfetta, cWarren, and Mattinson with an outstanding sense of humour have offered a settlement to the Firefighters in which the LCFA will decide the date when the pay back will go back to, instead of 2010, and the payment of a final settlement of £0.5mil in to the Pension Fund for old time sake…

As the Bugler has stated before there is Stupid and then there is Molfetta,clerk Warren, and clerk Mattinson…

Now if all this was not scandalous enough in these financially straightened times, next the LCFA are going to have to find underpaid pension reimbursements for at least 167+disabled FSVs, their Widows, and Beneficiaries when, not if, the LFCA are forced by law to pay back, with compound interest, over some extremely extended times of pension underpayment -two decades and more- the correct pensions which once more, since 2002 when clerk Warren was ‘appointed’ and took over the LFPSF as Pension Scheme manager, he ought to have  reviewed and corrected; plus all the existing and prior pension underpayment pension errors when he took over but to do this you need to know something about pensions.

Those are the legal duties of a Pension Scheme manager.

Those of you with sharp eyes will have noted the guestimate disabled FSV~FG has calculated his underpayment to be, and based on a median figure of say £250k overdue per Beneficiary, the LCFA are going to have to scrape up around £41.8mil in addition to £4.5mil making around £46.3mil out of a budget of around £55mil leaving an unworkable balance of £8.7mil, and when as the Bugler has commented earlier, the LCFA pleads for HMTreasury support(aka Taxpayers)the HMT will reply …’ well it is all your fault because your Scheme manager had a legal duty to pay the correct pensions in the first place and run the Pension Scheme according to the law and you will have to pay the bills due from your own reserves!”…and then they will walk away.

Now if, the first bill for £4.5mil does not lead to LCFA bankruptcy, the second for £41.8mil certainly will, resulting in the massive closures of many Lancashire FRStations and an equally massive reduction in the uniformed establishment of crews (85% of running cost of the FRS are salaries),  with a commensurate reduction of ‘fire  and emergency cover’ over all of Lancashire, then Bugler does not know, in his experience, what will?

Outstanding Data Protection Act ‘subject data’ Request

On the 6th August 2016 disabled FSV-FG initiated a formal DPA request(Statutory Fee paid) which allowed the LCFA 40 days to respond, viz, 14th September 2016.

He sought all the LCFA internal and external ‘communications’ relevant to himself which were generated during his IDRP action over his pensions.

Although as anticipated the LCFA completely ignored his Statutory Request and exhausted their Statutory permitted response time of 40 days, this Request remains active and remains within the 3 year Statute of Limitations for the purposes of inviting the Information Commissioner’s Office to take action to recover his ‘subject data’ they well knowing that the LCFA have ‘form’ in such matters with the ICO.
Disabled FSV~FG and The Pension Ombudsman
For the purposes of readability the Editor intends to continue this dialogue under a new ‘Current Affairs’ Volume 32.