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Public Sector Pensions Quarterly update – Summer 2025

22 Aug 2025 3 min read

Welcome to the summer edition of Public Sector Pensions Quarterly, our newsletter dedicated to news and developments in the world of public sector pensions law.

It’s safe to say there’s been no shortage of developments since our last edition in May.

As expected, over the past couple of months there have been a number of significant publications including responses to the LGPS Fit for the Future consultation, the consultation on imposing inheritance tax on unused pension pots and death benefits and the small matter of the draft Pension Schemes Bill.

This newsletter includes items on all of these as well as an important update on the Virgin Media judgment and s37 confirmations, the LGPS Access and Fairness consultation, recent ESG and cyber developments and our regular “case of the quarter” feature.

Policy update

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Local Government Pension Scheme round-up

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Kensington & Chelsea Pension Fund in the spotlight

In June Kensington & Chelsea Pension Fund investments hit the headlines when a decision was made to invest £100m of pension fund assets in local authority housing, buying 250 properties to be leased back to the borough to house the homeless. Michael Hayles was invited to provide legal comment in this Telegraph article:

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Focus on governance

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From the Courts

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Case of the Quarter

Clark v Derbyshire

Dedicated readers of PSPQ may recall that last July we wrote an article about the Court of Appeal ruling in Clark v Derbyshire regarding the legal status of the police disablement gratuity scheme, which the court concluded was not an occupational pension scheme within the meaning of the Pension Schemes Act 1993.

In a recent and related development, Pensions Ombudsman Dominic Harris has written a letter to the Work and Pensions Committee explaining the impact of the decision, which takes the scheme outside of the Ombudsman’s jurisdiction. Mr Harris explains that TPO’s jurisdiction is limited to “investigating and determining complaints related to occupational pension schemes”. Whilst historically TPO has dealt with complaints relating to a number of public sector injury arrangements, applying the Court of Appeal’s decision in Clark v Derbyshire is likely to mean that many statutory public sector injury schemes are now outside TPO’s jurisdiction.

Mr Harris notes that, as well as having to reject some 60 active cases that have already been brought to TPO, this would potentially leave individuals in such schemes without access to an Ombudsman. Given the importance of the issue, Mr Harris says TPO is seeking Leading Counsel’s opinion to ensure that this is indeed the correct analysis as regards the effect of the court’s decision, and is also liaising with the DWP.

Team news

It’s awards season and we’re delighted to be celebrating a host of nominations. Firstly, as a team we are thrilled to be named as finalists in 3 categories at the forthcoming PMI Pinnacle Awards – Team of the Year, Impact on Climate and Innovation in New Product or Service.

And we are very proud that solicitor Callum Duckmanton has been shortlisted for a brace of awards at the Professional Pension Rising Star awards. Callum is shortlisted for both Lawyer of the Year and Trainee of the Year – congratulations Callum!

Last but not least, and hot off the press, we’re delighted to be one of three firms shortlisted for Law Firm of the Year at the LAPF Awards, as well as being nominated for Lawyer of the Year at the LGC Investment Awards.

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