Date set for Judicial Review of state pensions for 50s born women

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Michael Mansfield QC will taking the case of the injustice to 3.8 million 50s born women to judicial review on May 24 and 25.

The historic hearing into whether 3.9 million 50s born women have been cheated out of their state pension by the government has been set by the High Court for May 24.

The date is later than expected because the Department for Work and Pensions expected to win the hearing for permission to bring the review on November 30 brought by BackTo60 campaigning group and thought they would stop the process in its tracks.

Now the Department has been allowed more time to prepare its case as all of its initial arguments to stop the review were thrown out by the judge.

The Hon Ms Justice Lang – who is also known as Dame Beverley Ann Macnaughton Lang – ruled in favour of all the issues raised by barristers Catherine Rayner and Michael Mansfield on behalf of the women.

This means the government will have to answer whether the decision to raise the state pension age from 60 to 65 and then 66 amounted to age and equality discrimination. The key point is that the judge decided that although the legislation dated back to 1995 the present effects of the change is causing hardship to a specific group of women who were not able to fully contribute to the national insurance fund.

The original hearing also led the government to admit that further changes introduced by the coalition government in 2011 had been part of an austerity programme and reveal that the private pensions industry is also against the women winning their case as it could have a knock on effect on private occupational pensions that are tied to the state pension age.

The issue of maladministration will not be the main feature of the case as this is being dealt with by the Parliamentary Ombudsman. Cases of discrimination and resulting hardship can still be brought by MPs to the Ombudsman. And recently Ben Lake, the Plaid Cymru MP for Ceredigion filed a case on behalf of a constituent.

Joanne Welch, spokeswoman, said

” BackTo60 .com had a resounding victory on 30th November 2018 and our amazing World Class Legal Team pressed home our advantage for a 2-Day Substantive Hearing.
“The substantial significance of our argument has been recognised by the authorities and the case has been elevated to a higher level for determination – this has necessarily involved an alteration of  hearing dates.
” There will now be a much more thorough and robust review as the case will take on an historic perspective and achieve national significance:  it will be heard, May 2019, at the Divisional Court.
Our collective impetus is working so well, thanks to each one of you.  Long may it be so.”

My Blog in 2018: Year of growth

50s women dancing in front of the Royal Court of Justice after the judge granted their request for a judicial review

To my surprise the number of hits on my blog soared to a new record of 464,000 this year- up by over 350,000 from just under 100,000 last year.

This huge increase was almost entirely to the support given by this blog to the plight of the 50s born women who are facing up to six years delay in getting their pensions.

I was persuaded by Joanne Welch, director of the BackTo 60 campaign – who I knew from previous work she had done in helping the victims and survivors of child sexual abuse – to investigate for the energetic campaign whether the government’s reasons for raising the pension age from 60 to 66 were justified. I found they were not on all counts from money, longevity to equality.

The result was a blog which revealed that a decision taken by the Thatcher government in 1988 – as much as £271billion had been denied to the National Insurance Fund – by the abolition of the annual Treasury grant and later limitation of grant payments by successive governments. This post attracted a phenomenal 188,000 and more hits. It still is attracting new readers today.

Subsequent blogs on the subject attracted 14,500, 19,000, nearly 31,000 and over 33,000 culminating in over 56,000 when – against the odds- the 50s women with the help of Michael Mansfield QC won permission for a judicial review. The blog telling you how you can boot out your MP if he or she won’t support the campaign – attracted nearly 31,000 hits – and led to an amazing 4,600 hits on the House of Commons library reference paper which gave a constituency by constituency breakdown of where the affected women live.

Thanks for the deluge of Christmas greetings from so many 50s women this year supporting the blog and my work.

Gosport

The other main achievement this year which I can’t blog about – as I was member of the independent panel- was the report on the scandal at Gosport War Memorial Hospital where at least 456 elderly people had their lives shortened by the over prescribing of drugs. I am very proud of this report and the amazing professional collaboration led by former Bishop James Jones, who chaired the panel inquiry, that produced the findings hidden from people for nearly 20 years.

mental health

I also this year worked with the extraordinary Professor Suman Fernando, who at 85, is a tireless campaigner for mental health reform and author of a book outlining the history of racism in psychiatry.

I was a member of a working party which tried – with only partial success – to influence Theresa May’s planned reform of the mental health act. They were particularly exercised by institutional racism in mental hospitals which sees a disproportionate number of Afro-Caribbeans sectioned every year and some appalling examples of deaths in police custody. The mental health service is in a pretty bad state anyway.

I am unhappy about the outcome and will blog about this later.

domestic and sexual abuse

Last December I was invited to attend a national conference hosted by the BBC on domestic abuse and addressed by leading figures in government, the ministry of defence and Cressida Dick, the Metropolitan Police Commissioner on how employers could help people suffering domestic abuse.

This campaign was led by Elizabeth Filkin, another tireless campaigner and a former Parliamentary Commissioner for Standards. I blogged about it last December and was reminded this Christmas again when I willingly agreed as part of a libel settlement with John Hemming to donate £500 to the Victim Support charity and got it earmarked solely for dealing with domestic abuse.

There also was a great story of hope for child sex abuse survivors when a former victim who successfully saw his abuser jailed for 33 years for crimes committed in North Wales decades ago set up a successful volunteer project in Cumbria to tackle the issue of child sex abuse. See here

fire engine scandal

This year has seen a very gratifying outcome for those who followed the scandal over the privatisation of London and Lincolnshire’s fire engines which led them to be handed to a bunch of spivs who milked the contract for personal gain.

I have been following the story since 2011 when the Fire Brigades Union raised the issue of Assetco taking over responsibility for maintaining and replacing London’s fire engine fleet.

This year the Financial Reporting Council caught up with former Assetco directors John Shannon, Frank Flynn and Matt Boyle and barred them from practising as accountants for 16. 14 and 12 years respectively. They were branded fraudsters and liars for the way they handled the firm’s accounts and the Serious Fraud Office has been passed their details. The blog got over 4000 hits.

The accountant from Grant Thornton who supervised and passed the fraudulent accounts has also been fined along with his firm.

lack of reporting

The one common theme in all these stories – with the major exception of Gosport – has been the paucity or non existence of coverage in the mainstream media. They have been diverted by wall to wall coverage of Brexit but I think it reflects the fact of an increasing reluctance to put resources into proper investigative journalism. The country will be a far less informed place if this continues and it will give a green light to those who think they can get away with bad practices, incompetence, maladministration and fraud and ruin the lives of ordinary people without any proper scrutiny.

Exclusive: Amber Rudd faces new challenge over maladministration of the raising of pension age from 50s Women

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Amber Rudd- the new work and pensions secretary and MP for Hastings

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Two supporters of the BackTo60 campaign have got professional legal support to challenge the government for maladministration over the failure to notify them over the raising of the pension age.

The fresh challenge is in addition to the hearing next Friday at the High court to decide whether BackTo60 can challenge the government through a judicial review.

Pensions Litigation lawyer Mr Ivan Walker (Principal of Walkers Solicitors based in Kent) has agreed to advise Fran Martin and Ros Pain-Tolin  who, are two of the lead cases of 1950s Women. They have got to the final stage of presenting their case to the Parliamentary Ombudsman.

Mr Walker recently represented the members of the Lloyds Bank pension schemes in a landmark High Court claim regarding sex discrimination in the system for contracting out of the State Earnings-related Pension Scheme.

The move is significant because professional legal advice is essential in bringing such a  case. The women are launching a crowd funding appeal  to help finance the move.

The link is here. Go onto the crowdfunder site here:

https://www.crowdfunder.co.uk/search/projects?filter%5Bc%5D=&filter%5Bt%5D=pending&filter%5Bs%5D=

Search live projects and put in 50swomen and then you will get to the site. For some reason this direct link does not work

https://www.crowdfunder.co.uk/maladministration–legal-advice-for-1950swomen

Both women have faced enormous and heart rending struggles to cope since the government pushed back the right to claim a pension from 60 to 65 and it is going up to 66 by 2020. Their struggle is typical of many others who have commented on this blog and have been left with virtually nothing to live on.

Fran Martin told me :

“I received a letter in 2013 from DWP – which indicated that I had a 6 yr hike added to my SP age – This was received 2 years before my 60th birthday in 2015. I was totally shocked and still am.

“I have gone from an optimistic cheerful forward thinking person to a virtual recluse with all the incumbent stresses and strains that this places on other family members. Health has deteriorated too, with high blood pressure, diabetes and anxiety being I feel part and parcel of the result of being misled at what is a vulnerable time in anyone’s life..”

Sleepless nights have become the new norm and even whilst now prescribed sleeping tablets I can still be wide awake at 4 or 5am with worry for a very bleak future if even that exists, I’m not convinced it does.”

She became redundant in 2015 and then saw her plans for a happy retirement ruined.

” I had purchased a retirement cottage in 2008 in Aberdeenshire completely unaware of any state pension Legislation. and which DWP treated as capital – Forced in Dec 2015 to put the cottage up for sale – but with no work and no one coming into Aberdeen to rent, to date the cottage is still on the market. and have costs for the upkeep of same and the flat that I live in Aberdeen.

” I am ineligible for any benefits as the DWP class the cottage as capital. I was also forced to draw down a small private pension in 2015 at the worst possible times for annuities, and use this and small savings to eek out a bleak existence – Dependant to on a mother in her mid 80’s which quite frankly I never thought I would have to be and obviously places stress and worry on her too.”

Ros told me: “I always expected my State Pension to be at 60 in 2015. I never received a letter. ICE  ( who handle pension complaints)say that one was ‘probably’ sent in Feb 2012, but they did not keep any ‘case specific’ records so cannot confirm.”

“I only have a small works pension that I had taken early. I also a degenerative back condition which causes me pain most days and I  suffer from Asthma.

I really don’t know how I would manage at all, if I didn’t have my husband and his Pension to rely on as well. He is now 70 with his own health issues. My Mother almost 95 has also given financial support over the last few years.”

Both women are determined to fight the system so Amber Rudd in her new role  as work and pensions secretary better look out as a storm is gathering not only from them but from millions of other people who feel they have been robbed of their state pension when they should have had it.

 

 

 

 

 

 

 

 

Exclusive: Case for Judicial Review for BackTo60 challenge to government on pensions set for November 30

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Royal Courts of Justice – venue for handing in the papers for a judicial review for the 50s women

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The High Court is to hear the case for a judicial review into the government’s mishandling of the raising of the pension age for 50s women on November 30.

The court granted a two hour hearing today.This means that Michael Mansfield and his team will argue the merits of the case for a judicial review.

The Department for Work and Pensions will oppose any judicial review.  The judge  will decide whether it can go ahead.

The granting of a two hour hearing  is significant in the sense that the court has decided that the merits of both sides of the argument  must be examined thoroughly. Previously the court had thought that 30 minutes was enough to hear the arguments – suggesting that it could be turned down without much debate.

The announcement is a victory for the lawyers arguing the  case and for BackTo 60 in taking such an uncompromising stance. The government has so far refused to budge an inch in recognising the grievances of the 3.8 million women who have lost out – some of them living in dire poverty as a result.

The case will be backed up by the paper from Jackie Jones, a law professor at the University of the West England She has produced the report,  which shows that this group of women have suffered discrimination contrary to an international  convention signed by successive UK governments. It is not a legal document but it is an expert opinion.

 

Exposed: The worldwide hypocritical stance by successive UK ministers on women’s rights and their pensions

CEDAW-logo

The logo of the convention on the elimination of discrimination against women

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A damning academic expert opinion on successive UK government’s failure to meet its international obligations to  1950s women hit by the rise in the pension age is to be presented in court soon as part of an application for a judicial review of the decision

Jackie Jones, a law professor at the University of the West England , has produced the report,  which shows that this group of women have suffered discrimination contrary to an international  convention signed by successive UK governments. It is not a legal document but it is an expert opinion.

The full brief  can be clicked on  here. AMICUS BRIEF 10 September 2018

The reports conclusion’s are stark :

 “The effect of the mechanisms in issue in this case have a discriminatory effect on women born in the 50s, adversely impacting on older women’s health, economic and social life in that the voluntary use of the mechanisms have the effect of failing to provide adequate access to pensions for women and therefore must be removed and full restitution substituted. “

Margaret Thatcher’s government in 1986 took the decision to sign up to the Convention on the Elimination of All Forms of Discrimination against Women (known as CEDAW)  – an international treaty adopted by the United Nations General Assembly and now recognised by 189 countries. In 2004 Tony Blair’s government went a step further and accepted an optional protocol and  UK ministers of all parties have played an active role in its international work for many years.

The UK’s treaty obligations mean that we are signed up, as the report says, to “women’s equality within society, in both the public and private spheres, obligating States to formulate policies, laws and programmes to advance women and promote substantive equality (equality in outcome, not only equality of opportunity) as well as from refraining from actions that will put women in a worse position.

“It includes alleviating economic disadvantage as a result of persistent structural inequality and remedying past injustices that had and continue to put women in a disadvantageous position vis-à-vis men. ”

The report argues that the UK is in breach of its international treaty obligations in three main areas over the treatment of 50s women.

The rise in the pension age from 60 to 65 and then 66 for women was far more drastic than for men who  faced a one year rise in 2020 compared to a six year rise for women. The implementation of the taper which meant women had to wait longer and longer for their pension  and it was made worse by the failure of the government to inform individuals how the decision would affect them. And finally the decision targeted one particular group – those born in the 1950s in a much more drastic way than anybody else – and successive governments have failed to even consider reviewing its effects.

The report says : “The imposition of the mechanisms resulted in women born in the 50s’ access to pensions being postponed, in some cases for years, despite the fact that women born in the 50s had a life-long expectation and had been repeatedly told that they would be entitled to their State pension at 60.

“The effect of the State measures of delay in being able to access State-sponsored pensions has meant a decrease in income for women born in the 50s as well as obligating women born in the 50s to continue to work or to find employment in order to make up any shortfall in pensions. This has led to substantial financial insecurity for the women so affected.

By their actions, the State has discriminated against these women because they are women as the measures only seriously adversely affect women born in the 50s, made the economic and health position of women born in the 50s significantly worse and thereby have infringed their human rights and fundamental freedoms as proscribed by CEDAW. “

In my view the ministers involved are hypocrites. Margaret Thatcher,as Britain’s first women prime minister, deserves praise  for signing the country up to the new convention.

But then her social security secretary, John Moore, within two years started undermining the position of  women  – first by withdrawing Treasury money to the  National Insurance Fund – leading eventually to  a shortfall  of  £271 billion – this included not only pensions but the funding of maternity allowances.

Then John Major’s government took the decision to raise the pension age rather than start paying money again into the fund which would have more than covered the current £77 billion to restore pensions for the 50s women. Successive governments  including Theresa May’s either did nothing or made matters worse by raising the pension age further claiming there was no money.

Meanwhile on the international stage Britain was portraying itself as a world leader in women’s rights with ministers attending the international convention meetings.

Since 1997 when Tony Blair created the position of minister for women in the Cabinet – the following prominent women politicians have held this job. which they combine with other duties. The Labour politicians are Harriet Harman, Baroness Jay,  Patricia Hewitt,the late Tessa Jowell and  Ruth Kelly.

The Tories are Theresa May, Maria Miller, Nicky Morgan, Justine Greening,Amber Rudd and Penny Mordaunt , the current minister who is also international development secretary.

These women should be backing the case for 50s women if they have a shred  of integrity and want to live up to the ideals of a convention signed by Margaret Thatcher which commits the country to the advancement of women.

CEDAR is already planning to hold the UK to account in February for breaching its commitment to women over austerity – 86 per cent of benefits cuts fall on women.

With the judicial review of the raising of the pension age and this international pressure over the UK’s discrimination against women over benefit cuts the scene is set for a perfect storm for the UK government.

 

Judicial Review of government’s handling of 50s women pension changes lodged at High Court

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Royal Courts of Justice – venue for handing in the papers for a judicial review for the 50s women

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Back to 60, the campaigning group  who are supported by 738,000 of the 3.9 million 50s women waiting up to six years to get their pensions, lodged a claim  at the High Court against the  Department for Work and Pensions yesterday.

This is the first stage of taking real action to put right the injustice suffered by the women ever since the government embarked on a policy of continually raising the pension age.  It will be followed by a High Court hearing where a judge will be asked to allow the review to go ahead. It is bound to be challenged by the government which is determined not to pay up but ministers will have to justify their actions.

Backto60 lodged the documents with only 48 hours to spare as the courts  start their  summer recess tomorrow and  the courts will not hear cases  until  after October 1.

The move is the culmination of action taken by the group which now involves support  on the issue from the Equality and Human Rights Commission, which intends to raise the issue at the United Nations, the Fawcett Society and  other ampaigners.

A legal statement from Binberg Peirce & Michael Mansfield QC reads:

“The basis of the legal challenge is that the pension policy implemented by successive governments in respect of women of a particular age group (those born in the 1950s) constitutes a gross injustice and is discriminatory.  The impact on the economic, social and mental well being of these women, who rightly enjoyed a perfectly legitimate expectation of satisfactory provision in retirement, has been devastating.

“The extent of individual distress and hardship is only now becoming evident through real stories of women around the UK. It is deeply ironic that all of this is done in the name of equalisation and equality, when the very means employed to achieve this are themselves discriminatory.

“It is intended that the current pension policy be subjected to both public and judicial scrutiny and, therefore, steps are now being taken towards mounting a judicial challenge.”

At the same time Stephen Lloyd, Liberal Democrat MP for Eastbourne, whose coalition government made matters worse for 50s women by backing an acceleration of the rise in pension ages, has finally got a meeting on behalf of Waspi with the Ombudsman to discuss whether there was maladministration in not informing women.

His comment is picked up by Frances Martin:

stephen lloyd

The government is going to face challenges from all sides this autumn.

 

 

 

 

 

Whitehall’s shameful database of women’s pathetic state pensions

DWP-Department-for-work-and-pensions-500x320

Department for Work and Pensions – still misleading  the public on the huge gap between men and women pensioners

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In May this year  Which? Money published the  results of access the consumer organisation had  to the entire  Department for Work and Pension database on pensions. The headline result press released by Which ? Money here  was that women  are worse off now than men  by a staggering  £29,000 over a 20 year old period.

The disclosure led Harry Rose, Which? Money editor, to warn : “Our evidence shows how variable people’s state pension payments still are. Many pensioners will be shocked by the differences in average payouts to men and women and those qualifying under the old and new systems.”

The issue is worth raising because just last week the Department of Work and Pensions published its annual report ( more to come in a future blog) which despite Which? Money findings  from the DWP’s own database perpetuates the myth that some how today’s pensioners are living the high life with little or no housing costs and longer and longer life expectancy.

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The agenda is clear – paving the way in five years time for yet another rise in the pension age – and totally ignoring the present plight of 50s women denied pensions for up to six years . Add the fact that it could take decades now before men and women receive an equal pension. The average , despite the new state pension, is still 18 per cent, below a typical male pension.

The figures revealed by the Which? Money from the DWP are extremely  alarming if you are a woman. If you are a man you can be complacent – not only did you get a  good deal under the old system you are the main beneficiary of the new one.

The biggest  group of beneficiaries (8.4 million) – getting on average £142 a week- are today’s pensioners who have a long national insurance contributions and qualified for an earnings related pension. Of these 4,958,000 are men and  3,417,000 are women.

Above this on an average of  £174 a week are the spouses of these recipients who died. and they inherited their spouses NI contributions to top up their pension They are 1,454,040 women and 276,960 men – the only category where women  do better. Sadly  they have to lose a partner  to achieve it.

Much lower at £145 a week are those whose spouses died but they themselves did not have a pension  – again most are women –  679,995 to just 2045 men.

Those unfortunate enough not to be entitled to get a pension get just an average of £63 a week  based on their partner’s NI contributions – again there are 545,905 women to 1095 men.

The best off are the new state pensioners – after changes came into force in 2016  and they also had protected money to top up the new pension. They get £181 a week. But 79 per cent of these are men – 142,080 to 17,920 women. The reason for this is directly due to the plight of the 50s women who ceased to qualify for pensions at 60 and many are still waiting for one.

As anyone can see this is woefully unfair to women.  It suggests there is a long way to go to get equality  with men even when women eventually get their pension.

There is also a divide where the money is paid out – highest state pensions – between £153 and £154 a week – are paid out in East Hertfordshire, High Wycombe and Aberdeen. Lowest ( between £128 and £140 a week) – are paid in the London borough of Newham, Leicester, Manchester and Cornwall.

And there are huge differentials if you go abroad. Expatriats living now in Australia, Canada and New Zealand get frozen pensions averaging between £41 and £44 a week.

Those in Europe get pension increases every year  – bringing Spain to an average of £107.76 a week and France to £104.39 a week.

Curiously 10 UK nationals who retired  to Azerbaijan – part of the old Soviet bloc – get  an average of £127 a week.

Don’t ask me why but I did discover this website which tells you how to avoid pension  taxes by putting your money into an Azerbajiani off shore fund. According to the article 2400 British expats have done this and they don’t have to live there and participate in traditional Azerri sports such as ox wrestling or javelin throwing either. They can live in Malta and have the money paid into Azerbaijan to avoid tax. My guess is these must be high rollers who qualify for  a state pension.

Perhaps the government  should investigate this instead.