Harvey, R (On the Application Of) v London Borough of Haringey & Anor [2018] EWHC 2871 (Admin) (30 October 2018)

Harvey, R (On the Application Of) v London Borough of Haringey & Anor [2018] EWHC 2871 (Admin) (30 October 2018)

The refusal to pay a survivor's pension to the claimant under the 1997 LGPS Scheme is not unlawful discrimination under Article 14 ECHR read with Article 1 Protocol 1. The claimant is not in a relevantly similar position to the comparators, and even if there is a difference in treatment, it is objectively and reasonably justified by the need to maintain the integrity and funding of the pension scheme, avoid retrospective liabilities, and ensure fairness between active and pensioner members. There is no indirect age discrimination as the scheme does not define benefits by age.

Citation
[2018] EWHC 2871 (Admin)
Parties
Claimant: Catherine Harvey; First Defendant: London Borough of Haringey; Second Defendant: Secretary of State for Housing, Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
30 October 2018
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Judicial Review, Discrimination, Article 14 ECHR, Article 1 Protocol 1 ECHR, Pension Schemes, Survivor Benefits
Public Law Human Rights Law Pensions Law Judicial Review Discrimination Article 14 ECHR Article 1 Protocol 1 ECHR Pension Schemes +1 more

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Parties

Catherine Harvey

Claimant

London Borough of Haringey

First Defendant

Secretary of State for Housing, Communities and Local Government

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether refusal to pay a survivor's pension to an unmarried cohabiting partner under the 1997 LGPS Scheme is discriminatory and contrary to Article 14 ECHR read with Article 1 Protocol 1
  2. 2 Whether the difference in treatment between pre-2008 cohabiting partners and spouses or post-2008 cohabiting partners is objectively justified
  3. 3 Whether there is indirect age discrimination against older surviving cohabitees

Ratio Decidendi

The refusal to pay a survivor's pension to the claimant under the 1997 LGPS Scheme is not unlawful discrimination under Article 14 ECHR read with Article 1 Protocol 1. The claimant is not in a relevantly similar position to the comparators, and even if there is a difference in treatment, it is objectively and reasonably justified by the need to maintain the integrity and funding of the pension scheme, avoid retrospective liabilities, and ensure fairness between active and pensioner members. There is no indirect age discrimination as the scheme does not define benefits by age.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • No order for survivor's pension to the claimant