Last week Salford City Radio’s Ian Rothwell devoted a whole programme to the CedawinLaw case for mediation to solve the impasse of compensation for the 50swomen who faced a six year delay in getting their pension. Three speakers discussed the issues. Jocelynne Scutt, a former Australian judge and anti discrimination commissioner for Tasmania, gave an update description of the present legal position and how you do not have to court to start a mediation process. Janice Chapman ,a 1950s woman, gives a heart rending account of how women have already been discriminated against before they got their pension and then had to wait six more years before they could get it and how alternatives to work longer are often not possible. I give an interview questioning the wisdom of Waspi’s legal case for partial maladministration and how the All Party Group on State Pension Equality is moving towards insisting that all groups campaign together rather than the division between Waspi and all the other groups which has bedeviled the issue for years.
The All Party Parliamentary Group on 50swomen pensions finally heard from CEDAWinLaw about what they want to see the Government do about responding to compensation for the 50s women deprived of their pensions for six years.
Until this month the only organisation allowed to approach the group were WASPI and their lobbyists Higginson Strategy. The meeting was in private. An attempt to allow me to attend was banned by the chair, Rebecca Long-Bailey, the Independent MP for Salford, on the grounds that none of the other meetings had been open to journalists.
However I was not to be put off by that and have now managed to piece together who was there, what they said and how they were received.
The two main speakers were Joanne Welch, who organises CEDAWinLAW and Jocelynne Scutt, the former Australian judge, author of a report on the discriminatory nature of the treatment of the 3.6 million women and chair of the people’s tribunal, that examined the issue.
Their arguments will be familiar to my readers – seeking mediation with the government to decide the level of compensation rather than accepting the guidelines by the former Parliamentary Ombudsman, Robert Behrens, for limited compensation for partial maladministration. They were also given a strong briefing from Jocelynne Scutt on the direct and indirect discrimination against the women. She also welcomed Sir Keir Starmer’s commitment to using civil procedures such as mediation to end disputes – though the government is silent about doing this for 50s women.
What was clear to the group was this was the first time they had been told what CEDAWinLAW stood for – including a suggestion that the money could be paid in a lump sum and tax free over five years on top of their pension.
Of course the government does not want to get into such talks and would rather keep postponing making any payments.
Sir Julian Lewis MP
Here the strongest condemnation of this government’s approach came from Sir Julian Lewis, the Conservative MP for New Forest East.
He said at the meeting that the treatment of 50swomen was rather similar to all other cases where the government owes large sums of money in compensation – likening the delay in reaching a settlement to those seeking compensation in the contaminated blood and sub postmasters cases.
” The government wants to spin it out as long as possible hoping that people will get disheartened and give up or will have died by the time they can get any compensation.”
He said last night: ” The delay is equivalent to asking these poor old ladies to wait to end the both the First and Second World Wars for payment. The six year delay on payment of their pension is equivalent to the time the UK spent fighting each of the two world wars.”
Rebecca Long-Bailey MP: Official Portrait. Pic Credit: Chris McAndrew UK Parliament
So who did turn up to hear the case? Present in person as well as Sir Julian Lewis were Labour peer Lord Bryn Davies of Brixton; Ian Byrne, Independent MP for Liverpool, West Derby, who joined Dr Scutt when she presented a letter and petition to Downing Street earlier this year; Ruth Jones, Labour MP for Newport and Islwyn and Adrian Ramsey Green Party MP for Waveney. Five other MPs sent their personal assistants to the meeting. They were Chris Bloore, Labour MP for Redditch; Bell Ribeiro-Addy, Labour MP for Clapham and Brixton Hill; Mary Kelly Foy, Labour MP for the City of Durham; Kate Osborne, Labour MP for Jarrow and Gateshead East and Aspana Begum, Independent MP for Poplar and Limehouse.
The delegation did feel they had a fair hearing and Rebecca Long-Bailey praised them for giving such a clear description of their aims and promised to take their views on board. We shall see.
For those wanting more detail Jocelynne Scutt was initerviewed on Salford City Radio by Ian Rothwell this week and outlined a similar case there. This is the local radio station whose MP is Rebecca Long-Bailey, where I also have appeared on a number of occasions.
The interview is below.
Joanne Welsh has a five minute call for mediation on YouTube which you can hear below
We now await development but don’t hold your breath for an early resolution.
Lawyers for CEDAWinLAW, the group fighting for equality for all women, have now drawn up papers to take Mel Stride, the work and pensions secretary, to the high court over his failure to agree to any mediation to sort out the seven year running sore over settling the 50swomen pensions issue.
CEDAWinLAW in a statement today said: ” CEDAWinLaw is best pleased to announce that its legal team is about to file an application to the court to commence legal proceedings on our behalf representing all #50swomen against the secretary of state for work and pensions.”
“Without waiving privilege CEDAWinLAW is pleased to say that leading counsel advises that there are grounds to seek permission to launch a full Judicial Review based on an unreasonable refusal to mediate and they are to be pursued on behalf of ALL 1950’s Women.”
The decision follows work by lawyers Edwin Coe and human rights KC John Cooper to draw up a case after their crowdfunder raised enough cash to prepare a legal strategy. The crowdfunder is now raising funds to fight the case in the courts.
The legal challenge will be on behalf of all 3.5 million remaining 50s born women who faced a six year delay before they got their pension with many of them saying they never realised the change was coming.
Mel Stride himself at first tried to ignore any call for mediation by not replying to a request from mediation lawyers Garden Court Chambers which was prepared to act as a mediator. But the request itself triggered a legal process and in the end he replied refusing any mediation.
It has since become known that the DWP in a confidential submission to the Parliamentary Ombudsman, Rob Behrens, has said it has done nothing wrong re maladministration and said to pay any of the women compensation could amount to the ministry facing “a major fraud.” See my blog on thishere.
The case for the women has been strongly articulated by former Australian judge Jocelynne Scutt in her judge’s report on the inequalities they faced.
She said: “The 50s women have the right not to be discriminated against on the ground of age and/or sex. Those rights are enforceable. However those rights have been breached by the failures and actions of the Department of Works and Pensions in the way they failed to notify, and in the way they went ahead to apply the legislation albeit they had failed to notify and therefore the 50s women had no notice of the need to reorganise their retirement plans or their paid work arrangements. “
She has recently recorded a fresh video:
Jocelynne Scutt
John Cooper, KC , who will arguing the court case, said:
“ This is an important challenge for so many #50sWomen in this country. The weight of the evidence indicates a grave injustice to them, and we will robustly represent their interests as we move forward with the assistance of a first class legal team.”.
CEDAWinLAW have notified party leaders, party deputies and committee chairs plus Sir George Howarth’s ADR group about the legal action with the mobilised #50sWomen’s voting bloc also in mind ahead of next year’s General Election.
Ian Byrne MP has agreed to apply for a Back Bench Debate on Mediation and Kim Johnson MP plans to table an Early Day Motion on Mediation.
The petition to Parliament has been updated. See here.
In another development the Parliamentary Ombudsman, Rob Behrens has extended the consultation on his proposals to handle the maladministration report by making no recommendation for compensation but leaving it to Parliament to decide. It will now finish on January 19 rather than by Christmas.
Davina Lloyd interviews Dr Jocelynne Scutt, author of the groundbreaking Judge’s report on the plight of 1950s women who faced a six year delay in getting their pensions
Meanwhile Rob Behrens, the Parliamentary Ombudsman, stalls WASPI on any date they will get his delayed findings
It is well worth watching the above video interview with Dr Jocelynne Scutt which explains clearly and concisely the current impasse over resolving the dispute between 3.5 million 1950s born women and the government over the six year delay in getting their pensions.
She provides both a clear explanation of why an Alternative Dispute Resolution is the only way to solve the impasse and why the Ombudsman’s current draft report – now being rewritten – only provides a partial solution to the problem by concentrating solely on the delay caused by maladministration and not on the direct discrimination against the women themselves under the UN Convention on the Elimination of all Discrimination Against Women (CEDAW). The latter is crucial because Mrs Thatcher signed up and ratified this convention in 1986 and the UK is responsible to the UN in Geneva to follow its provisions.
As Dr Scutt argues ” the law is the law”.
Laura Trott MP Pensions Minister Pic credit: Official Portrait, House of Commons
Her explanation comes as the pension minister, Laura Trott, has muddied the waters saying that the offer of mediation by the internationally respected law firm Garden Court Chambers, cannot be taken up at the moment by Mel Stride, the works and pension secretary, because the Parliamentary Ombudsman is still working on his report.
Laura Trott is wrong. Mediation can go ahead while the Parliamentary Ombudsman is still investigating as it is an entirely separate from whatever the Ombudsman recommends. Indeed it might save Rob Behrens a lot of work as he is obviously struggling to put together a fresh report and would probably love to drop this hot potato.
The reason why Laura Trott is offering these lame excuses and why there is silence from Mel Stride, I suspect, is that Garden Court has started a legal process by writing now twice to the Secretary of State and offering to act as impartial mediators to end this dispute. Their reputation as impartial mediators is second to none.
“No reply” Mel Stride, secretary of State for Work and Pensions
He is trying to avoid replying because if he says yes – it will automatically go ahead. But if he says no, his lawyers at the Department for Work and Pensions have probably warned him he risks the whole matter going back to the courts. If that happens what sensible judge is not going to think the Secretary of State is being obstructive. To borrow Cabinet colleague Michael Gove’s words on another matter, he will be portrayed as “a blocker not a builder.”
The dilemma both the government and Parliamentary Ombudsman are facing is what is the position of the UK under CEDAW. If Dr Scutt’s cogent judgement is correct,, they just can’t ignore the implications of direct discrimination for this particular group of people. It is the ” elephant in the room.”
I am grateful to the Waspi Pembrokeshire branch for tweeting about the recent meeting between the Parliamentary Ombudsman and Waspi which ended in a stalemate despite them sending in two lawyers to help argue their case. The Ombudsman could give no publication date when this so called ” urgent” issue could be resolved and talked of completely rewriting the second part of its report because of the issues ” Waspi and others ” had raised.
Rebecca Hilsenrath,chief exec of the Parliamentary Ombudsman’s Office
I suspect the “others” refers to Dr Scutt’s judgement as I know CEDAWinLaw has sent her judgement to the Parliamentary Ombudsman’s chief executive, Rebecca Hilsenrath, and I can’t see how the Ombudsman can produce a report without referring to it. Mrs Hilsenrath has also agreed to meet CEDAWinLAW on a date yet to be agreed.
Again I advise everybody to watch the interview for a clear understanding of the present position taken by CEDAWinLAW as everyone awaits events.
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Mel Stride, Secretary of State for Work and Pensions
One of London’s top law firms has written to Mel Stride, the work and pensions secretary, inviting him to agree to mediation talks to end the long suffering impasse on awarding compensation to the now 3.5 million 50s born women who had to wait another six years before they got their pension.
Garden Court Chambers, which takes up human rights issues, has a specialist role in mediation. Next month it will be hosting a seminar evaluating the use of mediation in the Court of Protection, which makes and regulates decisions on behalf of people who don’t have the mental capacity do so, publishing research done by Dr Jaime Lindsey of Essex University.
The law firm has a long history of looking at women’s equality issues and two years ago hosted a people’s tribunal looking at the full implementation in the UK of the UN Convention on the Elimination of All Discrimination Against Women (CEDAW) which Lady Thatcher ratified in 1986.
Six barristers and leading KC’s from the firm gave their time pro bono to advise on the legal arguments and took evidence from witnesses. The pro bono support was seen as unprecedented at the time. Each session was chaired by a panel of senior lawyers from the firm. They were ” counsel assisting ” to Dr Jocelynne Scutt, the former Australian judge and anti discrimination, who chaired the hearings.
Dr Jocelynne Scutt
Dr Scutt also chaired a one day inquiry which looked into the long standing plight of 50s women who were having to wait for their pension. Dr Elgun Safarov, vice chair of (CEDAW) from Geneva, gave evidence. She is in the UK teaching law at Buckingham University.
Dr Scutt’s report into the issue was published at the end of November and concluded that there was direct discrimination of women for all pensioners born after 1950 but those born up to 1960 had to bear the full brunt of the change.
Dr Scutt said: “What my report says is that women born 1950s were directedly discriminated against because they were targeted to bear the full impact of the change from 60 years, so as to equalise the retirement age with men’s retirement age. Most had no notice, or inadequate notice, of the change so suffered egregious economic hardship, stress, anxiety and psychological trauma as they had to change retirement plans and try to negotiate staying in their jobs or getting a new job in a time frame that was unrealistic or impossible to do.”
It has also to be taken into account that 9.8m men were given 5 years free auto credits to retire 5 years early, aged 60, whilst the state pension of 3.8m 1950’s women was twice deferred, by stealth, and they were then coerced back to work for up to another 6 years having been denied the promised similar auto credits awarded to men.
Dr Scutt hand delivered the report to Rishi Sunak at Downing Street just before it was published. It was also delivered to Robert Behrens, the Parliamentary Ombudsman, who is currently involved in a long inquiry into how much the women should be compensated after finding partial maladminstration.
CEDAWinLAW.com sent the judge’s report to Garden Court Chambers and briefed the law firm on the issue. and asked them whether this injustice would benefit from mediation talks.
The law firm has now written to Mel Stride inviting him to consider impartial mediation talks as a further pro bono move.
This move chimed in with MPs who have been calling for an an Alternative Disputes Resolution talks. Sir George Howarth, Labour MP for Knowsley and Lloyd Russell-Moyle, MP for Brighton, Kemptown and Peacehaven, have already written to Mr Stride.
Yasmin Qureshi, Labour’s women and equalities shadow minister
Yasmin Qureshi, Labour shadow women and equalities minister, has added her voice saying ” 50s women have been left in the lurch” and drawing Mr Stride’s attention to the judge’s report’s conclusion:
‘Government and Parliament have a responsibility to face up to and acknowledge the grave wrong done. There is no room for obfuscation or quibbling. Historical discrimination requires relief. There is a moral imperative to right this wrong. The law is on the side of the 1950s-born women. 1950s born women alone are the group targeted.This is a debt of law and honour. Full restitution is the only proper legal, ethical and moral outcome.’
Some 50 MPs from the Labour Party to the Scottish National Party, Plaid Cymru, the SDLP, Alba and the Democratic Unionist Party support Sir George’s initiative.
Gina Miller when she was interviewed by Channel 4
At the same time the campaigner, Gina Miller. leader of the True & Fair Party, and best known for her fight with the government over Brexit, has accepted an invitation to advocate with CEDAWinLAW on behalf of all 1950’s women victims.
Finally Ms Rebecca Hilsenrath, Chief Executive Officer of the Parliamentary Ombudsman’s office, has agreed she will meet Joanne Welch, from CEDAWinLAW.com. A date has to be agreed between both parties.
This is the statement issued by CEDAWinLAW: “CEDAWinLAW.COM takes this welcome opportunity to thank The Hon Dr Jocelynne Scutt AO for her ongoing treasured pro bono counsel.
Today, Gina Miller, Leader, True & Fair Party, welcomes CEDAWinLAW.COM’s announcement below and has accepted our invitation to join us as we advocate for 1950’s Women with said matters in hand.
Garden Court Chambers impartial invitation letter to Mediation Talks with Joanne Welch, Founder, CEDAWinLAW.COM, [on behalf of all 1950’s Women out of The Judge’s Report] has been sent to the Rt Hon Mel Stride MP, Secretary of State for Work & Pensions.
Ms Rebecca Hilsenrath, CEO, PHSO, has invited Ms Welch to meet with her.”
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Rob Behrens, Parliamentary Commissioner to stand down in March.
Promise of an early resolution for the £3.6 million 50s born women to get compensation for their delayed pensions appear to have been dashed with no movement from the Parliamentary Ombudsman to solve the problem.
Despite a court agreement in May to revise the final report on compensation for the women to correct what Waspi calls the Ombudsman’s “legally flawed” decision to award minimum compensation for the women who have lost up to £50,000 by the six year delay they faced when the pension age was raised from 60 to 66, nothing has happened. Waspi has raised £147,500 from the public for a judicial review of the decision which never happened.
Angela Madden, chair of Waspi
The Waspi statement in May was very confident the organisation could hold Robert Behrens, the Parliamentary Ombudsman’s feet to the fire and get great concessions for the women. At a Labour Party Conference meeting last year, Angela Madden, chair of Waspi, said she would expect women to get £10,000 a year compensation. See my bloghere.
What a contrast with the downbeat statement a few days ago.
“”WASPI are disappointed and frustrated by the length of time that the Ombudsman is taking to rewrite his Second Report on the injustices cause by DWP maladministration. The Court Order requiring that reconsideration was sealed on 12 May 2023. It is unclear precisely what has been done since then.
” We can confirm that neither we nor, as far as we are aware, any of the sample complainants have been contacted to comment on a draft, or on anything new that the Ombudsman has gathered from the DWP. That opportunity to comment is guaranteed by the Court Order, which suggests that finalisation of the report is still some way off.”
In desperation Waspi have got their lawyers, Bindman’s, to write to the Ombudsman. But as their statement says:
“We have not had the courtesy of a reply. We also have asked for a meeting with William Wragg MP, the Chair of the Public Administration and Constitutional Affairs Committee (PACAC), to whom the Ombudsman reports. That meeting has yet to take place.”
Failure to reply is quite common from the Ombudsman’s Office. BackTo60, who have repeatedly told the Ombudsman that he should have to consider whether the failure to compensate the women is in breach of international agreements signed by the UK government which ratified the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),.
Dr Jocelynne Scutt
This argument is particular powerful following the report by Dr Jocelynne Scutt, the former Australian anti discrimination commissioner and judge, which found it was in breach of CEDAW and was clearly discriminatory against the 50swomen.
Now while it might be convenient for the government and the Ombudsman to pretend this report doesn’t exist, the findings are being taken seriously by the committee implementing the convention in Geneva who have to do a report to the UN on Britain’s compliance with it. Given the Ombudsman’s public pride of his role on the international scene with other Ombudsmen his reputation could easily be sullied if he is found to have ignored an international convention.
But perhaps he doesn’t care. The other major development while Waspi was awaiting his report is that he is to step down from the job next March. He announced this in his annual report published on July 20 which he said was his valedictory report.
This means when Parliament comes back in September the emphasis will switch to finding a successor, drawing up a short list and having the new Ombudsman’s appointment scrutinised and approved by Parliament via the Public Administration and Constitutional Affairs Committee.
What should worry Waspi, which chose to go down this route, is there must be a temptation to delay his findings so his successor has to sort it out. Also even if he does come out with his findings before he leaves, it will be up to his successor to persuade the government to implement them. Given by then Parliament will be engulfed with preparations to fight the next general election, the government might be tempted to push it into the long grass or make vague promises in the hope of garnering votes.
The annual report provides some interesting facts and figures on the operation of the Ombudsman’s Office. A table reveals who uses it showing more women than men complain to the Ombudsman and the main age groups are between 35 and 74 and 84 per cent are white.
The report also reveals disabled people are heavily reliant on it. When one looks at the breakdown of the board however, there is not a single person with experience of a disability on it, which means the disabled have no voice at the top of the organisation. The board has one gay member and three people from ethnic minorities.
The organisation fares well in the employment of women both among its staff and the board as 59 per cent of staff and 58 per cent of the board are women. Disabled people form 13 per cent of the staff just above gay people and just below people from ethnic minorities.
The report also shows that some £588,000 of taxpayers money was spent on management consultancy last year compared with just £22,000 the previous year. This does seem an extraordinary amount of money from a budget which the government has limited.
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