Teachers have launched group legal action against the government after pension processing delays left them unable to get divorced.

Staff have been caused “intolerable strain” because of delays and maladministration by the Teachers’ Pensions Scheme (TPS), according to the NASUWT, which is launching the legal claim on behalf of affected members.

Many of them report being trapped in failed marriages for months because the scheme did not issue them with their pension transfer value, without which a divorce settlement cannot be finalised. Some have been unable to move out of the marital home until their assets have been divided.

Lawyers acting for the union claim the failures may be in breach of European convention on human rights as women and children could be stuck in abusive households.

The problem involves the processing of requests for cash equivalent transfer values (CETV) which are required to calculate the value of a pension pot. CETVs are legally required to be issued within three months of request, but TPS, administered by Capita Pension Solutions on behalf of the Department for Education (DfE), has reportedly left thousands of current and former teachers waiting more than six months for a response. In some cases, it has taken up to 18 months.

The delays stemmed from a 2018 court judgment that government changes to public sector pensions in 2015 breached age discrimination laws. As a result, a new system had to be introduced to calculate pension valuations and a four-month embargo on CETVs was imposed in 2023.

The DfE claimed last year that the majority of outstanding cases would be resolved by the end of February 2025, but it backtracked last November and announced this only applied to straightforward requests.

Luisa Stuart said she was left in emotionally draining limbo after requesting a CETV last year. “I got an unclear letter from TPS saying that my request could not be actioned due to delays caused by changes to the ways pensions are calculated,” she said.

“When I called for clarification I was told that there was no timeframe in which they expected to get the correct form out to me and that I could not finalise my divorce without it unless my partner waived his right to half my pension.”

Teacher Beth Fiddes said her life had been put on hold because of the issue. “TPS couldn’t give me any estimate of how long I would have to wait,” she said. “I cannot progress my divorce without the CETV information. We are still cohabiting and this jeopardises the sale of the marital home and my onward purchase.”

Capita declined to comment on the legal action.

Stuart and Fiddes both received their CETVs the day after the Guardian contacted Capita.

The law firm Leigh Day, which is acting for NASUWT, said that it has been approached by more than 50 teachers, some of whom have been forced to remain in marital homes with their children despite a complete breakdown in their relationship.

Ryan Bradshaw, solicitor at Leigh Day, said: “This backlog must be cleared immediately, and those affected deserve compensation for their financial losses and the stress endured. Without proper accountability and reform, this situation sets a dangerous precedent for how we value and treat our public servants.”

A Department for Education spokesperson said: “We understand the disruption this has had for some teachers, and we are working closely with Teachers’ Pensions to resolve this issue as soon as possible.

“Good progress has been made on reducing the number of outstanding cash equivalent transfer values since October and the majority have now been cleared. This issue continues to be a priority for the department and scheme administrator.”

Capita has managed the TPS for 27 years, but in October 2025 the contract will transfer to Tata Consultancy.