Police widows and a widower have lost their claim that a 'demeaning' regulation in the service pension scheme infringes on their human rights after the Court of Appeal ruled that a judgment did not err in law.

The scheme, which closed to new members in 2006, ceases payments if the widow or surviving civil partner remarries, forms a new civil partnership, or cohabits as husband and wife or civil partners.

A replacement 2015 scheme now allows benefits to be payable to widows, widowers, civil partners and cohabitees for life if their spouse or partner’s ‘death was in the line of duty’ and ‘even if they remarry, enter into a further civil partnership or cohabit'. From 1 April 2022 all active pension scheme members were moved to the 2015 scheme.

Sharon Green, Jaqueline Jennings, and Paul Sneller, represented by Professor Conor Gearty KC in Green and others v The Commissioner of Police of the Metropolis, argued that the scheme was not compatible with Article 12 – the right to marry – of the Human Rights Act 1998 and that Mr Justice Fordham had erred in his approach to article 12.

Jennings, who was married to a police officer who died in service, stated that the scheme's regulation C9 ‘prevented her from progressing with her life.’ She added that she found ‘the fact she cannot share her life with anyone “restrictive, controlling, demeaning, archaic and very depressing”.

Jennings’ widow’s pension is around £1,000 per month. She told the court ‘at some stage [she and the person she has met] will want to think about moving in with each other but that would not be possible or feasible as a result of regulation C9.’

The appeal judgment found that disapplying regulation C9 would cause ‘significant economic implications, estimated by the government actuary’s department at £198 million.’ It added that the ‘same would be true of other public service pension schemes’ including local government, the fire service, the NHS, teachers and the civil service.

Lady Justice Alpin said: ‘The cessation of the benefit is not a penalty or levy on marriage. The cessation under regulation C9 is inherent in the nature of the pension benefit itself. It was always defeasible.'

The appeal was dismissed.