SHARON GREEN & ORS. v METROPOLITAN POLICE COMMISSIONER & ANOR.

SHARON GREEN & ORS. v METROPOLITAN POLICE COMMISSIONER & ANOR.

Regulation C9 of the Police Pensions Regulations 1987, which ceases survivor pensions on remarriage, civil partnership, or cohabitation, is objectively justified and proportionate. The rule maintains the integrity of the contributory pension scheme, adheres to the principle of prospectivity, and was addressed through the introduction of new schemes. The Home Secretary has discharged the onus of justification under Articles 8, 12, and 14 ECHR. The claim fails.

Parties
Claimant: Sharon Green; Claimant: Jacqueline Andrea Jennings; Claimant: Paul Robert Sneller; Defendant: Metropolitan Police Commissioner; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
27 May 2022
Procedural Posture
Judicial Review / High Court Judgment, Permission to Appeal Granted
Outcome
Claim dismissed
Legal Topics
Police Pensions, Article 8 ECHR, Article 12 ECHR, Article 14 ECHR, Discrimination, Prospectivity in Pension Schemes, Retrospective Legislation
Human Rights Law Pensions Law Administrative Law Police Pensions Article 8 ECHR Article 12 ECHR Article 14 ECHR Discrimination +2 more

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Parties

Sharon Green

Claimant

Jacqueline Andrea Jennings

Claimant

Paul Robert Sneller

Claimant

Metropolitan Police Commissioner

Defendant

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / High Court Judgment, Permission to Appeal Granted

Legal Issues

  1. 1 Whether Regulation C9 of the Police Pensions Regulations 1987 is incompatible with Convention rights under Articles 8, 12, and 14 (read with A1P1) of the ECHR
  2. 2 Whether the cessation of survivor pensions on remarriage, civil partnership, or cohabitation is objectively justified and proportionate
  3. 3 Whether the difference in treatment between survivors of officers who died in the line of duty and others is justified

Ratio Decidendi

Regulation C9 of the Police Pensions Regulations 1987, which ceases survivor pensions on remarriage, civil partnership, or cohabitation, is objectively justified and proportionate. The rule maintains the integrity of the contributory pension scheme, adheres to the principle of prospectivity, and was addressed through the introduction of new schemes. The Home Secretary has discharged the onus of justification under Articles 8, 12, and 14 ECHR. The claim fails.

Court Disposition

Claim dismissed

Orders

  • Claimants to pay 90% of the Home Secretary’s costs and the full costs of the November 2020 application
  • Permission to appeal granted to the Claimants on two grounds: (1) whether Regulation C9 impairs the essence of the right to marry; (2) whether the Home Secretary has discharged the onus of justification under Articles 8 and 14