Kate still hopes for widows’ pensions success

23 June 2022

The widow of a West Midlands Police dog handler who died on duty in 1987 is still hoping for a successful conclusion to her campaign for lifelong pensions for all police widows after a judge rejected a legal challenge on existing pension regulations.

Kate Hall is among a number of widows, widowers and civil partners demanding changes to the current regulations which mean the survivors of officers in the 1987 Police Pension Scheme are forced to forfeit their pensions if they chose to re-marry or co-habit with a partner.

Mr Justice Fordham dismissed the claims after several days of legal argument at Manchester Administrative Court last month but did grant permission to appeal on two specified grounds: the application of the right to marry and his decision on justification.

Speaking after the ruling, Kate described the latest setback as “devastating” but urged supporters to “take a breath” and prepare for the next round of the battle in the courts.

She told them: “Having read the judge’s comments and ploughed my way through his judgement, I was relieved to see that there has always been a realistic prospect that our campaign would be successful.

“I would not have started our campaign if I hadn’t believed this to be the case, but I can sleep easier now. 

“The ruling was devastating for us all. But for now, we need to take a breath and be happy - not exactly the right word but I’m at a loss for a better one at the moment - that we are getting a second chance at justice. 

“I know that is far easier said than done but we have survived worse than this.”

Under the current rules, widows, widowers and civil partners of police officers in receipt of an ordinary survivors’ pension are often left facing a choice between companionship in later life and keeping their financial support.

Kate’s husband, PC Colin Hall, was a police dog handler and served with the West Midlands Police for 21 years.

On Sunday 29 November 1987, he was dispatched with a number of his colleagues to tackle a disturbance at a block of flats and, having dealt with the incident, he suffered a heart attack and died at the scene at the age of 40. Kate was 24 at the time with a four-year-old daughter.

She began her campaign in June 2014 calling for a UK-wide policy on survivors’ pensions which would see those who remarry or cohabit after the loss of their spouse retain their pension entitlement in full regardless of how their spouse died. Her campaign also calls for reinstatement of pensions revoked due to remarriage or cohabitation.  

This is the current model in Northern Ireland and is the UK-wide policy for the majority of widows, widowers and civil partners of armed forces personnel.

Kate’s campaign has already achieved an amendment to the Police (Injury Benefit) Regulations 2006 which came into force on 18 January 2016.

The widows, widowers and civil partners of police officers killed in the line of duty and covered by the 1987 Police Pension Regulations now receive their pensions for life if they were in receipt of a special or augmented pension and remained unmarried and were not living with a partner by 1 April 2015.

The survivors of firefighters killed on duty also benefit from these changes.

The campaign is being backed by the National Association of Retired Police Officers (NARPO) and the Police Federation of England and Wales and both have expressed their “profound disappointment” at the ruling.

NARPO president Richard Critchley said: “This decision is a bitter blow to widows and widowers up and down the country.

“Their partners joined the service and dedicated themselves to protecting the public. But it feels like the state has turned its back on them.

“No one should have to choose between financial security or isolation, it’s an impossible decision.

“We welcome the judge taking the unusual step of giving leave to appeal and setting out the direction and grounds for appeal. NARPO takes that very seriously and we now have to consider how we will take this forward. Those decisions will be made very quickly.”

The National Executive Committee of NARPO has decided to lodge an appeal which its legal team is progressing.