The great stonewall: How Mel Stride and Rishi Sunak have stymied 50swomen compensation

Rishi Sunak

After years of waiting for compensation for maladministration and discrimination some 3.5 million 50s born women have been left in limbo yet again even for the paltry sums of up to £2900 compensation recommended as a guideline by Rob Behrens, the former Parliamentary Ombudsman.

The explanation given by both Mel Stride and Rishi Sunak any time they are asked by MPs is that the Ombudsman’s report is so complicated that they will be spending an age to study it. They keep citing that it took Rob Behrens five years to write, deliberately ignoring that the Ombudsman unnecessarily paused his work for nearly two years while the Department for Work and Pensions was facing a judicial review over discrimination from Backto60 – now CEDAWinLAW.

DWP

In fact their excuse – which was never strong to start with – is rapidly wearing thin. The truth is that civil servants have had months to study the likely outcome of the Ombudsman’s report since it is not much different from the draft report he circulated – and was leaked on this blog – over 18 months ago..

And the Ombudsman knew that civil servants at the DWP then did not believe they had put a foot wrong and rejected any suggestion that there was any maladministration at all. Indeed their draft reply also leaked on this blog – had the temerity to suggest that these women were a load of fraudsters who would put in fake claims so they certaInly should NOT get any compensation.

What is becoming clear to exasperated MPs whether on the Commons Work and Pensions Committee or the Public Administration and Constitution Affairs Committee is that the government have no intention of naming a date when they will reply. And the government know they do not have to implement the Ombudsman’s paltry findings because the law allows them to ignore or reject any recommendation from the Ombudsman.

As Jackie Doyle Price tweeted as the new Tory chair of PACAC : “We are extremely disappointed that the Government is unable to tell us when it is planning to respond to @PHSOmbudsman‘s report into the communication of state pension age changes to #50swomen.”

Indeed are the government going give them any money at all – just issue an apology. That is what Ben Wilkinson, the Telegraph’s head of money said in an article recently and it is echoed by the private pensions industry which was always opposed to the women getting any compensation. And there are signs that some Tories such as Samuel Kasumu, Boris Johnson’s former special adviser, think the same – though their MPs are wary of alienating 50swomen in case they lose even more votes at the next General Election.

Sir Keir Starmer Pic Credit: Chris McAndrew / UK Parliament

Labour are not much better – the party leadership abstained on a Scottish National Party motion- calling for compensation suggesting Sir Keir Starmer is not keen either. Many Labour backbenchers take a different view and have raised the issue of how unfairly the women have been treated.

What is also missing is a more rounded debate. It is centred – no doubt by Higginson Strategy, lobbyists for WASPI, solely on the demands of WASPI which seems content to accept the Ombudsman’s recommended findings.

The debate pushed by CEDAWinLAW for an alternative solution – mediation with Mel Stride, the work and pensions secretary , has been ignored by too many MPs. This too involves a compromise but Mel Stride is not playing. CEDAWinLAW’s lawyers judged it was unlawful of him not to agree to this. And it is pity through not having enough funds to go through the case and the threats of adverse costs by both the DWP and, at one stage, Waspi, that this could not go to court. Waspi. didn’t support any mediation either. Mel Stride has still to reply again to a letter from CEDAWinLAW’s lawyers.

CEDAWinLAW has asked the UN CEDAW committee in Geneva to open an inquiry into the government’s handling of this. If they do the Government will face international criticism and the UK’s reputation for fairness and treatment of women in society will be further damaged.

In the end the government know that by remaining silent they can delay this as long as they like. But ministers should be careful. Although a number of the women are now dead, there is still a sizeable number who could take their revenge on the government through the ballot box. And time is also running out for the government when they have to call a general election.

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Exclusive: New mediation demanded for 50s women as judicial review is postponed

CEDAWinLAW takes the fight to the UN in Geneva

Former judgeJocelynne Scutt (middle) with Professor Natasha Despoja, a CEDAW committee member ((left) and Dr Elgun Safarov ( deputy chairman ( Right)

CEDAWinLAW, the successor organisation to Backto60, has decided to postpone its legal action on behalf of all 1950s women to force Mel Stride, the work and pensions secretary, to go to mediation over the long standing fight over the six year delay in paying out women’s pensions.

A statement from the organisation emphasises that this is a postponement not a total withdrawal of the case since preliminary work by their lawyers has found that Mell Stride did act unlawfully by not agreeing to mediation. Effectively it leaves a Sword of Damocles hanging over Mr Stride and Liz Kendall, his potential Labour successor as work and pensions secretary, should the party win the next general election.

The statement reads:

CEDAWinLAW has decided to postpone its action against the Secretary of State for Work & Pensions. Whilst its case is clear that the Secretary of State refused unlawfully, reasonable invitations to mediate made by Garden Court, it has decided to wait upon further developments before proceeding with its judicial review which it will now withdraw. Funds generously donated have been used in launching the judicial review and taking advice. Those funds fell short in timing of providing funds for a full-blown fight in front to the court. Our counsel said of the fight; “This is an important challenge for so many 1950’s Women 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 our legal team.”. Whilst in the short term we have not achieved our goal for 1950s women’s pension rights, we have brought further notice to their plight and increased the political pressure which continues to build. We shall succeed for all those women

The decision will be disappointing for the women as an early court hearing on mediation was seen as better bet than the compensation likely to be awarded by the Parliamentary Ombudsman which is in the region of £1000 to £2900. The Department of Work and Pensions opposes compensation to any of the women either via the Ombudsman’s guidelines or through mediation.

CEDAWinLAW was able to raise money easily for the first stage to allow lawyers to prepare a case but lack of further wider publicity meant there was not enough money to continue to a full hearing.

WASPI did not help either. It expressed interest in becoming a party to the case and their lawyers demanded access to the all the papers. They also threatened CEDAWinLAW with costs unless they handed them. When they got access to the papers they decided not to proceed and instead their board sided with the Department of Work and Pensions case against CEDAWinLAW . The WASPI board quote the DWP’s contention that Australian judge Jocelynne Scutt’s report which found discrimination against all 3.8 million had no standing. Unfortunately for them this is not the view of the UN Convention on the Elimination of All Forms of Discrimination Against Women, whose deputy chairman, Dr Elgun Safarov, gave evidence to the people’s tribunal run by Jocelynne Scutt, who regard the findings as very important.

This continual divide between the organisations which includes banning WASPI women seeing any of my articles on their sites has been a gift to the DWP who don’t want to see the women get a penny.

However other developments mean that is not the end of the story. The UN Convention on the Elimination of All Forms of Discrimination against Women , has already received from Jocelynne Scutt a paper to on discrimination in women’s pensions in the UK. This can form the basis for an inquiry which would put the UK in the dock.

CEDAW are already not pleased that after 40 years membership of CEDAW, the UK has not passed all the legislation to comply with the convention, and has written to the UK about this. The UK at the moment is trying to ignore this but cannot stop the body setting up an inquiry.

Mel Stride

Other developments will happen when Parliament returns on April 15. Mel Stride has already met a senior politician and, fresh from his universal roasting by MPs from all parties on the Ombudsman’s report, is beginning to think he will have to offer something.

The SNP is also active. Patricia Gibson, the SNP’s Attorney General spokesman and MP for North Ayrshire and Arran, is planning to put up a backbench motion calling on Mel Stride to agree to WASPI’s demand for compensation and wants to press it to a vote. But given the different political rivalries in the Commons, there could be a danger it could be lost.

CEDAWinLAW is also drawing up a strategy to continue to press for mediation. More news on this is likely to be announced soon.

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The overlong and continuing battle for 50swomen to get their delayed pensions: My interview with Marie Greenhalgh on South Manchester’s Radio Wythenshawe FM

This week I gave a long interview with radio presenter Marie Greenhalgh who is also a 1950s born woman. It is as much a chat as an interview.. For those who missed it and would like to have heard it here it is – courtesy of the community radio station. I was absolutely delighted to be given such a chance to explain in detail this sorry story which has never been properly covered by mainstream media and TV. After the chat there is some music and reaction to my interview and chat.
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Mel Stride roasted over his ” no undue delay” posture on compensating the 3.5 million 50swomen who had waited a decade to get justice

Mel Stride

Not one MP in Parliament came to the rescue of Mel Stride, the work and pension secretary, when he made his initial statement on the Parliamentary Ombudsman’s report which concluded that there was maladministration over the delay in communicating the six year delay to women in the 1950s and either Parliament or the DWP should compensate them.

Essentially it was a holding statement with the minister emphasising that it was a complex 100 page report which he had to consider very carefully.

“The ombudsman has noted in his report the challenges and the complexities of this issue. In laying the report before Parliament, the ombudsman has brought matters to the attention of the House and we will provide a further update to the House once we have considered the report’s findings.”

He also tried to drag in the judicial review, then pursued by Back to 60, for the reason for the delay in the Ombudsman’s report, citing that the two courts the High Court and the Court of Appeal had presented as fact that the DWP had not acted unlawfully ( no one said they had) over maladministration. The trouble is he got it wrong, the hearings which I attended, were about discrimination in the past not maladministration. As Marcia Will Stewart, the lawyer from Bimberg Peirce, said in 2019 “Our judicial review had nothing to do with maladministration investigation, whatever others may say”. And as she was bringing the case I prefer her analysis to Mel Stride’s.

Liz Kendall

Indeed Mr Stride’s only other friend in Parliament was Liz Kendall, Labour’s Opposition spokesman, who said:

“This is a serious report that requires serious consideration. The ombudsman has rightly said it is for the Government to respond but that Parliament should also consider its findings.

“Members on this side of the House will look carefully at the report too and continue to listen respectfully to those involved, as we have done from the start.” ( in other words we don’t want to lose your vote in case you think we are siding with Tories).

Tories were not Stride’s best friends

But it was the Tories who, while polite, were not his best friends. None of them defended the government’s delay and all pressed for a decision. It started with Caroline Noakes, who chairs the Women and Equalities select committee, who said:

““I recognise this is an interim update but I would gently press (Mr Stride) that Waspi women have been waiting five years for the ombudsman, they won’t want to wait for a select committee inquiry into this report in order to see action from the Government.”

Soon it became clear that many other Tories, mindful of holding on to their seats, did not want unnecessary delays. Tory MPs representing Stroud, Scunthorpe, North Norfolk, Eastbourne, Waveney, Weston super Mare, Amber Valley and the Isle of Wight were among many who made it abundantly clear they would not brook this being pushed into the long grass.

Bob Seely

Bob Seely, the MP for the Isle of Wight, while praising the government for keeping the triple lock, had every reason to be concerned – he has the largest number of 50swomen in his present constituency and foul wind combined with their lack of support ( even if the Island now gets two seats) could sweep him away.

But the government faced its greatest attack from the Scottish National Party who members slammed ministers. Patricia Gibson, their official spokesman and MP for North Ayrshire and Arran, hit out at ” timid Labour” and ministers.

“We in the SNP stand shoulder to shoulder with these women, who have been abandoned and betrayed by the UK Government and the future Labour Government. Will the Secretary of State tell the House what it will take to compensate these women? Do we need another TV drama to embarrass and shame the Government into doing the right thing? “

Other SNP MPs cited deaths of the women in their constituencies and the anger among the women. Ian Blackford, the former Westminster SNP leader said: “Can we imagine what would happen in this place if it was announced that private sector pensions were being put back by six years? Rightly, there would be outrage, and there should be outrage about what happened to the WASPI women.”

Joanna Cherry picked up on Mel Stride and Labour muddying the waters over raising the judicial review

“The WASPI campaign has asked me to emphasise its annoyance about how often Government Ministers, when talking about these issues, attempt to muddy the waters by referring back to the unsuccessful litigation to reverse the increase to the state pension age, or to claim direct discrimination. That was not litigation by the official WASPI campaign, and I am sure that its members were annoyed to hear a senior Labour Front Bencher doing the same thing on the radio last night.”

Labour backbenchers took a much stronger line than their front bench demanding a timetable for the implementation of compensation starting with Marsha de Cordova, representing Battersea.

“The Secretary of State has said that he wants to continue to look in detail at the findings of the report, but surely he should be able to make an unambiguous commitment to compensation for these women.”

Imran Hussain, representing Bradford East said: “Will he at least accept that every time a Minister stands up and says “undue delay” or “due process” they really mean that they have no intention of addressing the problem, and are saving face and kicking the can down the road?

Other criticism came from Jeremy Corbyn and John McDonnell, the former shadow chancellor, told him:” we have no confidence in the Department for Work and Pensions to resolve its basic failure of decades ago..”

It will not have been a pleasant experience for Mel Stride who was probably glad Parliament closed for the day after this statement. He would be extremely stupid not to take note but MPs will have to keep up the pressure to get any compensation out of this government. Only the fear of being swept out of power will make them do anything, but whether it be enough money will be another matter.

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Exclusive: Legal papers lodged at the High Court to start proceedings against Mel Stride over 50swomen pensions

Royal Courts of Justice

UPDATE: Papers have now been served on Mel Stride, Secretary of State for work and pensions, and the DWP for acting unreasonably in refusing to agree to mediation over theissue of the six year delay to 1950s women’spensions. The ministry will now have 21 days to file a response and then the case will have to go to court.

The Government’s attitudein not recognising there is a problem chimes well with their handling of the Post Office postmaster’s scandal and in delaying compensation for people hit by the contaminated blood scandal. Their attitude to my mind suggests there is a Whitehall playbook to avoid paying people any compensation for as long as possible, probably drawn up by Government lawyers, in the hope that many people will be dead before the inevitable pay out is made.

Since the publication of this blog the DWP has confirmed it is now involved in litigation with CEDAWinLAW but does not wish to comment about it.

But interestingly Rob Behrens, the Parliamentary Ombudsman, has pulled back from his threat to pause his investigation ( see below). He now says he will review the position only if the courts give permission to CEDAWinLAW to bring a judicial review. This means the confidential consultation will continue until January 19 and the report is still scheduled to be published on March 23.

The legal battle against Mel Stride, the work and pension secretary, over his refusal to consider mediation in the long running dispute over50s women pensions has begun.

Papers were lodged at the High Court yesterday by lawyers representing the campaigning group .CEDAWinLAW on behalf of 3.5 million people who faced a six year delay to receiving their pension.

In a statement the organisation said:

“CEDAWinLAW earlier instructed Professor John Cooper KC, ‘One of the Top 10 influential lawyers in the UK’, 25bedfordrow.com and David Greene, Senior Partner, edwincoe.com to represent ALL 1950’s Women in a judicial review against the Secretary of State for Work & Pensions in relation to the DWP’s refusal to mediate following from the Judge’s Report which sets out in depth the way in which those affected have enforceable rights which have been breached.

We are delighted to announce today that our legal team has issued at the court an Application for a Judicial Review in the matter which, in turn, is now being served on the Respondent.

Included as part of the lodged Application & Bundles, an expert witness statement authored by The Hon Dr Jocelynne Scutt AO, the former Australian judge, who produced a report on the discrimination faced by 50s women.

Please kindly donate to meet our legal team costs and @crowdjustice platform fees. The link is :https://www.crowdjustice.com/case/group-class-action/

Mel Stride, Work and Pensions Secretary

The lodging of the papers will mean the Department for Work and Pensions will have to lodge a response to the new judicial review breaking their silence over the matter and their refusal to contemplate any mediation over the matter.

What the position of the Parliamentary Ombudsman, Robert Behrens, to this new development is not entirely clear. He is handling a separate case involving maladministration and is currently consulting in confidence over 500 people and the six complainants on his final report until January 19. His plan was to publish it on March 23 just a few days before his retirement. His main findings and the Department’s response to him were published on this blog here and here.

During a hearing with the Commons Public Administration and Constitutional Affairs Committee in November Mr Behrens in a reply to Ronnie Cowan, the Scottish National Party MP for Inverclyde, said:

“It is not in our hands, Mr Cowan, to be able to be definitive about what the end date is going to be. If there is further litigation, then that will delay the process even further. That is out of our
hands.”

It now is and his reaction and the DWP’s reaction to this new development is awaited.

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Exclusive: Mel Stride now facing legal battle over refusal to agree to mediation over 50s women compensation for lost pensions

Mel Stride work and pensions secretary

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 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 this here.

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 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 ’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.

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Exclusive: DWP paper says paying any maladministration compensation to 3.5 million 50s women is ” a major fraud risk”

Entire DWP submission to Ombudsman on women’s right to pension compensation leaked to this blog

All 3.5 million 50s born women including the six “test case” complainants should get no compensation because there has been no maladministration and no evidence of financial loss, the DWP has told Rob Behrens, the Parliamentary Ombudsman. Even if there were maladministration the submission says his report does not show “there was injustice as a consequence of that maladministration.”

Their 118 paragraph submission rejects his entire draft report and his modest proposal of £1000 compensation for the six test cases, which the department says is, anyway, too high.

The coruscating response to the Ombudsman in a document marked ” official sensitive” is highly critical of his findings, the campaign to get compensation by WASPI, and makes the extraordinary suggestion that many of the claims by women could turn out to be fraudulent.

The attitude of the officials to the claim explains the real reason why Mel Stride, the Work and Pensions Secretary, is against mediation as he is obviously being advised that the ministry has no case to answer and why the Ombudsman, who must be embarrassed by the language in the submission, has turned to Parliament as a last resort.

The findings must be a major blow to Angela Madden, the organiser for WASPI, who only last year claimed at the Labour Party Conference that the women would get £10,000 to £20,000 compensation from the ministry.

Much of the submission is devoted to the Ombudsman’s proposal that all the women who have similar circumstances must get similar compensation and fund set up to deal with the wider question of compensation for financial loss. This means that the department would have to examine each case in detail which , according to the paper , would mean employing 5,500 extra staff, and take away people from other work like paying people’s pensions on their retirement and awarding pension credit.

The submission says: “DWP would not have information on all 1950s-born women and we would have to source their information – for example, through HMRC. We would also need bank details in order to make an automated payment and these would be obtained through outreach and/or some way for citizens to provide their details. Such a scenario would take significant setting-up and would have wide ranging impacts on DWP’s other critical business, with likely costs of the digital aspects.” It says this would take 18 months to set up.

It is the fraud claim over financial losses that is most extraordinary.

The submission says: “We are concerned that the Ombudsman’s proposed recommendations would generate a major fraud risk and be hugely and disproportionately burdensome to implement.”

“… we expect that the existence of a scheme would result in many claimants endeavouring to provide such evidence. The Department would then have to try out many extensive and expensive investigations to decide whether the evidence was sufficient to prove financial loss. We expect that claimants will be
encouraged to make claims for financial loss and that template letters will be circulated to support such claims. The cost of living crisis may also drive increased volumes of claims.

“This seems to be an entirely unnecessary expense for the taxpayer given that the Ombudsman has found no sufficient evidence on the 6 sample cases, we found no sufficient evidence on the 10,000 cases, and we cannot see how sufficient evidence could be available.”

The submission does not even accept that that there was anything wrong with the ministry’s communication to 50swomen. The Ombudsman makes another modest proposal that officials report to him and the chairs of the work and pensions and public administration select committtees, Stephen Timms and William Wragg on what they have done six months after his report is published.

“”You have recommended that within 6 months of your final report we explain to you and the chairs of the WPSC and PACAC what we have done since these events happened or what we plan to do.

….”we do not agree to report to you and the chairs of the 2 committees within 6 months of your final report being published. Also, your findings relate to historic events. We are not clear on the benefit of
considering these events with the advantage of hindsight.”

I am not surprised this confidential submission was labelled ” sensitive”. It shows up the arrogant way officials behave towards 3.5 million elderly women, their disdain for remarkably modest proposals from the Ombudsman, dislike of organisations like Waspi for organising ” template letters” and a level of complacency they have in their administration of this vexed and prolonged process of raising the pension age. Their official attitude is little better than Boris Johnson’s quip during the Covid pandemic “let the elderly die”.

I have not bothered to either inform or contact the Ombudsman’s Office or the DWP on this leaked report as the Ombudsman is bound by law from commenting during an investigation and the DWP never comment on leaked documents.

Please donate to Westminster Confidential so I can continue exposing what is really going on in government.

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Exclusive: 50swomen prepare to take the DWP to court again over failure to compensate them for lost pensions

Top human rights lawyer and a past president of the Law Society to draw up legal case strategy for 3.5 million women

John Cooper KC Pic credit: 25 Bedford Row Chambers

CEDAWinLaw, the successor body to BackTo60, announced today that it has started preparations to take the Department for Work and Pensions to court again.

The move will re-ignite the row over the long drawn out dispute over the failure by government to compensate or recognise the plight of 3.5 million women who had to wait an extra six years for their pension. At present progress on the dispute is stymied by the long time the Parliamentary Ombudsman is taking to decide how much compensation the women are entitled to and the scope of their complaints.

David Greene. Pic credit: Law Society Gazette

Mel Stride, the work and pensions secretary, and Laura Trott, the pensions minister have also blocked any discussion of mediation between CEDAWinLAW and the government hiding behind Robert Behrens, the Parliamentary Ombudsman’s protracted delay in reaching any decision on the issue. This particular claim by ministers is vigorously contested by Jocelynne Scutt, the Australian judge, who says both processes are separate and mediation is possible while the Ombudsman considers his report

In a statement today CEDAWinLAW said: “CEDAWinLAW has instructed John Cooper KC ‘Top Silk’ out of 25bedfordrow.com via David Greene, Senior Partner, edwincoe.com to represent all 1950’s Women in a Group Class Action against the Secretary of State for Work & Pensions out of The Judge’s Report which sets out in depth the way in which those affected have enforceable rights which have been breached.

We plan to initially raise £15,000 to determine a case strategy with Counsel to be published, in due course.”

John Cooper is one of the leading human rights lawyers, having been the lead prosecutor in the People’s Iran Tribunal in The Hague; a leading KC in the Manchester Arena bombings inquiry, numerous high profile murder trials and fraud cases and is described as the preferred KC for cases which challenge the Establishment.

He said today: “This is an important challenge for so many women 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”

David Greene is regarded as an expert in bringing Class Actions for groups and cited as one of the best litigators in the City. He is a past President of the Law Society which represents solicitors.

Mel Stride, work and pensions secretary

The announcement today was made inevitable by Mel Stride, the works and pensions secretary, refusing any mediation talks. These had been offered by Garden Court Chambers and ministers initially decided to ignore the request only to find themselves under pressure by Garden Court Chambers to have to respond. as it is a recognised legal process. Once he had refused he opened himself up to potential legal action. The offer for mediation still stands.

The decision today is also a victory for CEDAWinLAW, whose predecessor BackTo60, were refused a hearing of their judicial review by the Supreme Court after initially winning a case to bring it in the lower courts.

Jocelynne Scutt

By doggedly pursuing the issue despite this setback they got Jocelynne Scutt, former anti discrimination commissioner in Tasmania and an Australian judge, to hold a people’s tribunal, assisted by Garden Court Chambers. Her findings produced in a report found that 50swomen had been the subject of direct discrimination contrary to international law under the UN Convention of the Elimination of all forms of Discrimination Against Women and Girls, ratified by Margaret Thatcher in 1986.

Despite attempts to pretend this was of no significance notably by Andrew Gwynne, MP who supports WASPI and is now a Labour shadow minister for social care, as just ” a personal view”, lawyers from three firms, Garden Court Chambers ( for mediation) ,25 Bedford Row, and Edwin Coe (for the class action) have decided that it presents an arguable case.

CEDAWinLAW is seeking to raise £15,000 to cover the development of a legal case strategy . Their website if you want to donate is here.

A decision to go back to the courts will present fresh problems for the DWP which thought it had seen the end of legal action after the judicial review was blocked by the Supreme Court. It could also present problems for the Ombudsman’s Office as Robert Behrens used the previous legal action to pause his investigation.

I have asked both to comment. The Parliamentary Ombudsman’s Office said “as far as we are aware no legal proceedings have been issued so no implications for our investigation.”

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Ian Rothwell’s radio show: Interviews with Dr Jocelynne Scutt, myself and Kris Gibson

Featuring latest developments in the long running battle to put right the injustice to 3.5m 50sborn women who faced delayed pensions

Australian former anti discrimination commissioner and judge Dr Jocelynne Scutt

The CEDAWinLaw organisation, which backs full implementation of the UN Convention for ending all discrimination against women and girls, has put up links to the interviews this week on Salford City Radio’s Ian Rothwell show. These reveal the latest move towards getting mediation for the 50s women who faced a six year extra wait to get their pensions.

Mel Stride, the work and pensions secretary has refused any mediation so tougher action is being considered and legal advice has been sought. The link to the website is here.

Worth watching developments over the next coming weeks. Doesn’t look like anyone is going away. Meanwhile the number of 50swomen who have died without getting any compensation has reached over 300,000.

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Dr Jocelynne Scutt on why mediation is the only legal way forward to solve the 13 year old pensions dispute for 1950s women

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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