Police Federation of England and Wales & Ors, R (on the application of) v The Secretary for the Home Department & Anor

Police Federation of England and Wales & Ors, R (on the application of) v The Secretary for the Home Department & Anor

Regulation B7(7) imposes a statutory duty on the Government Actuary to prepare commutation tables for use by police authorities, and this duty includes reviewing and revising the tables as necessary to ensure actuarial equivalence. The Home Secretary has no statutory discretion to delay or determine the date of implementation for policy or cost reasons. Once the Government Actuary prepares new tables, they take effect from the date of preparation. The Home Secretary's decision to delay implementation to 1 October 2007 was unlawful.

Parties
1st Claimant: The Police Federation of England and Wales; 2nd Claimant: Ian Rennie; 3rd Claimant: Robert James Kitchen; 1st Defendant: The Secretary for the Home Department; 2nd Defendant: The Government Actuary’s Department
Jurisdiction
England and Wales
Judgment Date
17 March 2009
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Application for judicial review allowed
Legal Topics
Statutory Interpretation, Police Pensions, Judicial Review, Actuarial Tables, Commutation Factors
Administrative Law Pensions Law Public Law Statutory Interpretation Police Pensions Judicial Review Actuarial Tables Commutation Factors

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Parties

The Police Federation of England and Wales

1st Claimant

Ian Rennie

2nd Claimant

Robert James Kitchen

3rd Claimant

The Secretary for the Home Department

1st Defendant

The Government Actuary’s Department

2nd Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether Regulation B7(7) of the Police Pensions Regulations 1987 imposes a statutory duty on the Government Actuary to prepare and review commutation tables independently of the Home Secretary
  2. 2 Whether the Home Secretary has discretion to determine the date of implementation of new commutation tables or to delay their effect for policy or cost reasons
  3. 3 Whether the tables prepared by the Government Actuary take effect from the date of preparation or from a later date determined by the Home Secretary

Ratio Decidendi

Regulation B7(7) imposes a statutory duty on the Government Actuary to prepare commutation tables for use by police authorities, and this duty includes reviewing and revising the tables as necessary to ensure actuarial equivalence. The Home Secretary has no statutory discretion to delay or determine the date of implementation for policy or cost reasons. Once the Government Actuary prepares new tables, they take effect from the date of preparation. The Home Secretary's decision to delay implementation to 1 October 2007 was unlawful.

Court Disposition

Application for judicial review allowed

Orders

  • Declaration that the Defendants acted unlawfully in introducing the updated tables from 1 October 2007 only
  • Mandatory order to require the Government Actuary to determine the date upon which the updated tables should take effect, being 1 December 2006