WASPI success in judicial review against the Secretary of State for Work and Pensions
12 Nov 2025
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On 11 November 2025, in response to high-profile judicial review proceedings commenced by WASPI, the Government announced that it would reconsider its decision not to compensate WASPI women for maladministration by DWP, and its response to the PHSO’s finding of injustice and recommendation that affected women should be compensated.
WASPI (with the PHSO making supportive submissions) contends that the Secretary of State had no cogent basis for departing from the PHSO’s findings and recommendations, as the Government had misunderstood the PHSO’s reasoning, relied on faulty research, overlooked key evidence that supported the PHSO’s conclusions, and breached the public sector equality duty.
The Secretary of State has now accepted that the decision cannot stand because important information about the effectiveness of Automatic Pension Forecast letters was not brought to his predecessor’s attention by DWP officials at the time of the original decision, such that the decision must be retaken following a review of all the evidence (including “any further survey material or other evidence” that ought to be taken into account).
The parties are considering whether, in light of this change of position by the Secretary of State, the hearing currently due to take place in December 2025 needs to go ahead.
Tom Hickman KC and Tom Leary, instructed by Bindmans, are representing WASPI.
The statement is available here.
