Asked by: Ged Killen (Labour (Co-op) - Rutherglen and Hamilton West)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 8 February 2019 to Question 217138, what designation has been assigned to those complaints.
Answered by Guy Opperman
I refer the honourable gentlemen to the answer previously given in response to Question 217138. The Independent Case Examiner closed all live complaints concerning changes to women’s State Pension age when they became subject to legal proceedings, as is required under its governance contract. In the event the legal proceedings fall away or there is no determination on the matters which form the basis of this group of complaints, the Independent Case Examiner could consider reopening the cases at the request of the Department. The Department cannot evaluate the potential merits of making such a request until the legal proceedings have been concluded.
Asked by: Ged Killen (Labour (Co-op) - Rutherglen and Hamilton West)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 8 February 2019 to Question 217138, what assessment she has made of the potential merits of her Department instructing the Independent Case Examiner to reopen complaints relating to the equalisation of the state pension age cases in the event that legal proceedings fall away.
Answered by Guy Opperman
I refer the honourable gentlemen to the answer previously given in response to Question 217138. The Independent Case Examiner closed all live complaints concerning changes to women’s State Pension age when they became subject to legal proceedings, as is required under its governance contract. In the event the legal proceedings fall away or there is no determination on the matters which form the basis of this group of complaints, the Independent Case Examiner could consider reopening the cases at the request of the Department. The Department cannot evaluate the potential merits of making such a request until the legal proceedings have been concluded.
Asked by: Ged Killen (Labour (Co-op) - Rutherglen and Hamilton West)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 4 February 2019 to Question 214627 on State Retirement Pensions: Females, whether she plans to instruct her Department to re-open complaints relating to the equalisation of the state pension age in the event that (a) the matter is no longer the subject of legal proceedings and (b) there has been no legal determination on the issues which form the basis of the complaint to the Independent Case Examiner as set out in that Answer.
Answered by Guy Opperman
The Independent Case Examiner closed all live complaints concerning changes to women’s State Pension age when they became subject to legal proceedings, as is required under its governance contract. In the event the legal proceedings fall away or there is no determination on the matters which forms the basis of this group of complaint, the Independent Case Examiner could consider reopening the cases at the request of the Department.
Asked by: Ged Killen (Labour (Co-op) - Rutherglen and Hamilton West)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether as a result of the ongoing judicial review into complaints in relation to the equalisation of state pension age, women that have lodged complaints that are being processed will have their complaints (a) paused or (b) closed until the judicial review is complete.
Answered by Guy Opperman
This government and the various other bodies are acting no differently to all previous governments subject to a legal challenge on such an issue.
Following the High Court’s decision on 30 November 2018 to grant the claimants permission to proceed to a full judicial review hearing on the changes to State Pension age, the department has reviewed its handling of such complaints.
The department has concluded that the issue in the Judicial Review does impact on the ongoing complaints. Therefore, the DWP has decided to temporarily suspend action on current and future complaints on State Pension age matters until the final court decision in the judicial review. We do not think it is appropriate for the DWP to investigate a matter that is currently being considered by the High Court. An update explaining this will be added to the gov.uk website, and anyone who has an affected complaint we will notify. Matters that are unrelated to the judicial review will be progressed as normal under DWP’s complaints procedure.
This approach is consistent with the decision taken by the Parliamentary and Health Services Ombudsman. Following the decision of the High Court to grant permission for a judicial review to go ahead on the changes to State Pension age, the Parliamentary and Health Ombudsman’s office has confirmed that they will be taking no further action on current and future complaints they receive on changes to State Pension age until the court proceedings conclude.
The Independent Case Examiner provides an independent review of complaints which remain unresolved following a final response from the DWP. As such, the Independent Case Examiner has also considered its position in light of the High Court decision. The Independent Case Examiner Office has no role to play in matters which are, or have been, the subject of legal proceedings. As a result, following the High Court decision, the Independent Case Examiners’ Office took action to close all live State Pension age complaints, in line with its agreed operational parameters.
The table provides information on the number of cases closed at the Independent Case Examiner relating to State Pension age changes, and the rationale for closing them. The number rejected (b) may increase (complaints cannot currently be accepted due to the judicial review).
Reason for complaint closure | Number |
(a) Independent Case Examiner investigation report issued | 192 |
(b) Rejected (the complaint failed to meet the Independent Case Examiner acceptance criteria) | 1,598 |
(c) Withdrawn by complainant | 1 |
(d) Closed following the High Court decision to grant permission for a judicial review of the Department’s handling of the change to women’s State Pension age – it is not within the Independent Case Examiner remit to consider issues which are, or have been, subject to legal proceedings. | 2,505 |
In the event that the High Court makes no legal determination in respect of the complaint regarding State Pension age change, the Department will review its position once more and consider lifting the suspension.
At this point the Independent Case Examiner Office could, at the request of the Department, also re-open those complaints closed as a result of the judicial review. This would be on the understanding that: (a) the matter is no longer the subject of legal proceedings and (b) there has been no legal determination on the issues which form the basis of the complaint to the Independent Case Examiner.