This summary was drafted with the assistance of the Board’s legal adviser in order to attempt to clarify the impact of the judgement in the case of Palestine Solidarity Campaign and another v Secretary of State for Housing Communities and Local Government on LGPS administering authorities. The summary concludes that the fundamental duties and responsibilities of authorities are not altered by the judgement, in particular that authorities remain responsible for investment decisions.

Should the authority wish to consider non financial factors in its investment decisions it may do so taking into account the requirements of the guidance including the potential financial impact and the views of members. Such consideration may legally result in boycotts or disinvestment should the authority decide to take such action.

The summary represents the views of the SAB and does not constitute legal advice nor should it be relied upon or treated as a substitute for specific legal advice relevant to particular circumstances.

(Summary, Supreme Court decision on LGPS investment guidance, pdf 5 pages 190kb)