WASPI campaigners say they are on course for a High Court showdown with the Government over the decision not to pay compensation to millions of women
WASPI campaign leaders say they are on target for a High Court showdown with the Government after clearing a major hurdle.
The group is seeking a judicial review after ministers rejected giving payouts of up to £2,950 to over three million women. This was despite a Parliamentary watchdog calling on ministers to urgently set up a compensation scheme last year.
Failures at the Department for Work and Pensions (DWP) meant many were not properly informed the state pension age had gone up – so they could not plan for retirement. Campaigners say they have been told case is arguable, setting them on course for a court hearing.
Angela Madden, who chairs the Women Against State Pension Inequality (WASPI) campaign, said: “This is a landmark moment in our campaign that shows the DWP what we all already know – that the Government’s decision was formed on baseless claims that will fail to stand up under scrutiny.”
Judges told WASPI leaders their claim “ought to be considered at a final hearing”, the group said. A No10 spokesman said: “Our position has not changed.”
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Mrs Madden accused the DWP of trying to avoid “humiliation” by refusing a Cost Capping Order – which could force campaigners to pay an unlimited settlement if they lose. A hearing to consider an application for such an order will also take place, WASPI said.
Without this safeguard, it said, it may be forced to withdraw its case. Mrs Madden said: “This is a government department which is in complete denial of its mistakes. However, the ombudsman already says they have got things wrong, and now the courts could be about to make a similar decision.”
Last year a report by the Parliamentary and Health Service Ombudsman (PSHO) suggested compensation ranging between £1,000 and £2,950 could be appropriate for each of those affected. This could cost taxpayers up to £10.5billion, a sum Keir Starmer said is not justified.
The Government has accepted there was maladministration and apologised – but in December last year said a blanket compensation scheme could not be justified. Between April 2010 and November 2018 the State Pension age for women gradually increased from 60 to 65. It went up again to 66 in October 2020, and is due to go up to 67 by 2028.
Lawyers for the campaigners argue that the Government’s reasons for concluding that people should not receive any remedy are a breach of legal principles.
The PM was told in March that he set a “dangerous precedent” by ignoring the watchdog’s recommendation. The leaders of Unison, GMB, the Communication Workers Union, Transport Salaried Staffs’ Association and the Fire Brigades Union, said the decision will make many question the point of an Ombudsman.
They wrote: “By disregarding its report, the Government has established a dangerous precedent that suggests official checks and balances on ministers can be ignored, eroding public trust in our democratic institutions.”
And they said members and the wider public are “unequivocal” that payouts should be awarded. Announcing there would be no compensation last year, Work and Pensions Secretary Liz Kendall told MPs: “Given the vast majority of women knew the state pension age was increasing, the Government does not believe paying a flat rate to all women, at a cost of up to £10.5 billion, would be a fair or proportionate use of taxpayers money.”