Whitehall’s rip off ministry: The DWP dodges paying compensation to millions of pensioners – and the Parliamentary Ombudsman lets it off

Department for Work and Pensions or Department for Deviousness and Dishonesty?

You may remember I wrote a long article on a decision taken by the Government to no longer provide an index linked guaranteed minimum pension to millions of pensioners when they new pension came into force. The blog is here.

This decision never debated in Parliament meant the government has got away with not paying out anything from a £1000 to tens of thousands of pounds over the lifetime of their pension, depending on how long they were contracted out by their employer from the old SERPS scheme. The numbers could be as high as 11 million.

The Parliamentary Ombudsman, Robert Behrens, was asked to investigate and came to the conclusion that there had been maladministration and two people shared £1250 compensation. Unlike the row over the 50s and 60s born women who lost out by not being informed by the government over the rise in their pension age, no record exists, as far as I can find out, of the ministry repealing this provision in the 2014 Pensions Act.

Steve Webb: Ducking responsibility

And the man responsible for piloting that legislation, Liberal Democrat minister Sir Steve Webb, while publicly championing millions of women pensioners who have been underpaid by the ministry, is strangely silent about this issue which is he must be responsible.

What has happened since has taken morality and standards in Whitehall to new depths and exposed a level of deviousness and dishonesty among civil servants and cowardice in the Parliamentary Ombudsman’s Office that fittingly goes with a government headed by a serial liar.

In September 2019 the Ombudsman gave the ministry three months to sort out this issue. His proposals were quite clear. He asked the ministry to “review and report back on to us on the learning from this investigation, including action being taken to ensure that affected individuals receive appropriate communication from the DWP about their state pensions.

“ln particular, the DWP should ensure that their literature clearly and appropriately references that some individuals, who have large GMPs and reach State Pension Age in the early years of the new State Pension, may be negativity affected by the changes. The DWP should advise individuals to check their circumstances, and should provide instructions for how to do this;”

Sweet nothing happened

So what happened? Sweet nothing. The DWP ignored the deadline and then produced a factsheet which I know from correspondence the Ombudsman clearly felt did not fit the bill. But after one attempt to get this changed the Ombudsman dumped the issue and wimped out of getting the ministry to implement their recommendations.

Their press office told me: “

“We closed this case in November 2020 after working with the Department for Work and Pensions on compliance. At this point we referred the case to the Work and Pensions Select Committee, to oversee DWP’s ongoing work in this area. They will hold the Department to account on the actions it has agreed to take.

Actually the communication got lost and the committee knew nothing of this to the following April.

The DWP to cover its back claimed when challenged said:

“Working with the Ombudsman, we have now published information on gov.uk about this complex policy area and welcome anyone who wants to know how they have been affected by the policy change to contact us.

“Publishing this factsheet is the final step in the DWP meeting the requirements of the PHSO findings in relation to the way the GMP indexation policy change was communicated.”

It turns out that the Ombudsman agreed to this tardy response.

23 month delay

What finally happened was on August 12 in the middle of the Parliamentary recess, the department 23 months after being asked put out a publication notice amending its guidelines. The link is here.

I can’t imagine a more devious method about informing people and Parliament about this – in the middle of the August holiday. It is designed not to be seen.

Furthermore it does not comply with the recommendations which is why I say it is dishonest. There is no reference as you will see to the Ombudsman’s report, and the fact that people could be entitled to compensation. There is no mechanism for people to apply for the compensation and the notice was not even accompanied by a press release.

The losses are considerable for some people – about £27,000 for some women over the lifetime of their pension – but the information does not spell that out properly. Indeed all the DWP had to do was copy and paste as I have – a table from the Government’s Actuary Department ( at the bottom of this blog) which provided an ” oven ready ” guide to the losses.

Pathetic consultation using ignoramuses

A pathetic consultation process was held by the DWP – where they sought out the most ignorant people about pensions to comment- and only found seven out of 40 who agreed.. We only know this because the Commons Works and Pensions Committee published the details – the ministry itself has not published it.

There are probably millions of people who should at least get £500 in compensation but Therese Coffey, the secretary of state, is determined that nobody should know about it. It does not bode well for the 50s and 60s born women over their pensions compensation. She has already said the Labour Party should compensate the women not the taxpayer.

Bad news for fighting Climate Change: How Whitehall bungled first Green home insulation scheme

Sarah Munby, permanent secretary, BEIS, clearly not to up to the job over this

In a few weeks time Britain will be playing a pivotal role by hosting the Cop 26 international climate change conference in Glasgow.

Tight targets are going to be set which if not met will mean even more dramatic weather catastrophes than we are seeing now as the planet warms up.

So is Whitehall up to the job? If one takes the first example of action to save energy the answer is a resounding no.

A damning National Audit Office reveals an extraordinary poor performance by BEIS – the business and energy ministry – in getting 600,000 homes – mainly owned by low income families updated with new home insulation to cut their fuel bills and save energy.

The Treasury had earmarked £1.5 billion. The ministry ended up spending only £314 million. Its 600,000 homes target was missed by over 550,000. The administration costs were astronomical – for a scheme that provided grants of up to £5000 or £10,000 for low income income families – it cost over £1000 per house. Instead of of 600,000 saving up to £600 a year in fuel bills – only 47,500 will benefit.

And it should have provided a much needed job boost providing work for 82,500 people during a time when work was in short supply Instead it created just 5,600 jobs before the scheme was closed down last March.

Worse still both customers and contractors were badly treated. Delays paying contractors and customers getting their vouchers led to over 3000 complaints.

Why Sarah Munby is to blame for this fiasco

Who is to blame for such a mess? The answer must lie with the permanent secretary, Sarah Mundy. She is supposed to be this new business friendly appointment bought into government by the Tories to shake up Whitehall. Her biog on the gov.uk website said: “Sarah joined BEIS in July 2019 as Director General, Business Sectors. Before that, Sarah worked at Mckinsey, where she led their Strategy and Corporate Finance practice in the UK and Ireland.

“She has worked with some of the UK’s largest companies to change their strategic direction, and led much of McKinsey’s work on productivity across the UK economy.”

But she in no way lived up to her billing. To be fair HM Treasury gave the Department an over-ambitious 12-week timescale to design the scheme, consult with stakeholders and procure an administrator.

This came at a time when the Department was supporting vaccine procurement, and undertaking activities related to EU Exit. The Department accepted that delivering the scheme within this timescale posed a high risk, but judged it was justified by the need to support businesses in the wake of the COVID-19 pandemic.

A US global company’s cheapskate bid

But it is at the back of the NAO report that her real failings show up. She was obviously entranced by business to use a new state of the art digital voucher system and gave the contract to ICF, a US global consulting and technology company, based in Fairfax, Virginia. The report reveals they put in a cheapskate bid. Their technology was not up to the job as shown by repeated reviews of failures in the digital voucher scheme. This led to the scheme having to managed manually- which is why it cost £1000 per house.

The NAO said: “ICF’s proposed costs for the development of the digital solution were less than half that of the second cheapest bidder, triggering the need for a review under government contracting guidance. The Cabinet Office review concluded there was not enough information within the bids to understand specific costs, and thus whether any adjustment should be made for a low bid.”

But it came back to Sarah Munby. She ignored the Cabinet Office. Having chosen the contractor she was then warned by every single contractor asked to undertake the work that it couldn’t be done in time. But she still went ahead.

Whitehall sceptics ignored

And the same came from inside Whitehall. The Department presented the Scheme’s full business case to its Project and Investment Committee on the 28 September, ahead of the Scheme’s final approval for launch on 30 September last year. The Committee decided not to approve the full business case, raising concerns that the digital systems for the Scheme were not yet fully developed and tested. They were right but still she ignored them and went ahead. Within six months it had to be abandoned and it is largely her fault. As a result hundreds of thousands low income families have lost the chance of cutting their energy bills this winter.

One can only agree with the verdict of Meg Hillier, chair of the Commons Public Accounts Committee.

“The Green Homes Grant scheme was set up to fail, with an undeliverable timetable and overly complex design which took little account of supplier and homeowners’ needs….

Government cannot hope to achieve its net zero ambitions if it doesn’t learn the lessons from this botched scheme.”

Time for a Women’s Rights Law and real radical change – CEDAW President’s report

Jocelynne Scutt, President of the CEDAW People’s Tribunal

A major blueprint for how the United Kingdom can transform its laws to end all forms of discrimination against women and properly implement the UN convention ratified by Margaret Thatcher in 1986 has been published by the CEDAW People’s Tribunal.

The 252 page report written by Jocelynne Scutt, with the backing of a researcher team,, proposes to end the piecemeal implementation of parts of the UN Convention Eliminating All Forms of Discrimination, both in national law and in different parts of the UK.

Its conclusion said: “The proposal now made by the CEDAW People’s Tribunal that the United Kingdom seize the opportunity now presented to it and introduce a Women’s Bill of Rights into the United Kingdom Parliament provides
a real opportunity to do this – create a climate where women’s rights are truly recognised as human rights, and human rights as women’s rights – with the United Kingdom taking the lead.”

it says it is time to replace fine words by politicians on women’s rights with deeds and includes comprehensive proposals backed up by research for almost every conceivable area of British life to improve the rights of women. Indeed in the space of one article it is impossible to encompass every area of this report – you will have to read and study it for yourself.

The shortcomings of the Equality Act

Some of the more dramatic findings reveal shortcomings in the 2010 Equality Act – which is probably the UK’s major contribution to women’s rights – both in sections that have never been implemented and the fact that its provisions don’t apply to Northern Ireland – which the present government insists should remain an integral part of the UK.

To back up that last point the report said:
” No devolved authority to have the power to undercut or reduce the provisions, extent or scope of the Women’s Bill of Rights and to address any potential conflict or proposal by any devolved authority to do so, the UK Act to include a provision prohibiting its terms from being excised from operation in the devolved jurisdictions. This provision to be based in the principle herein stated, namely that all women of the United Kingdom, wherever residing, are entitled to equal rights without being deprived of them by reason of residency in any devolved jurisdiction.”

But it does not rule out as Scotland and Wales introducing their own legislation both to improve any UK Act or if the government doesn’t introduce any legislation for Scotland and Wales to go ahead with their own law as they are proposing to do now.

Royal Courts of Justice – time judges learnt about CEDAW

The report also insisted on widespread training for lawyers and public officials on what CEDAW means.

“That the Women’s Bill of Rights include a provision making it mandatory for members of the judiciary and magistracy at all levels to receive education and training on an initial and regular basis, including remaining up to date with CEDAW jurisprudence, and that this provision extend to all holders of public office, whether by appointment or election, in international, national and local bodies and authorities.”

This is a point I felt during the Court of Appeal hearing on the judicial review of women’s pensions that the judges did not seem to have a clue about CEDAW – and in my view this contributed to their decision to throw out the case.

It also makes it mandatory for every piece of legislation to have a gender impact assessment and for all government departments to have a gender impact assessment for every new policy they introduce. Since women are the majority in this country I would have thought that to be essential.

The report picked up that many women do not understand their rights because it is not presented in simple and clear language and the information is not available ( take the 50swomen case in informing women about the rise in the pension age for example).

The ” whole person ” approach to women’s rights and discrimination

There is also a failure to connect discrimination against women to other serious forms of discrimination. As the report said:

“The discrimination of women based on sex and gender is inextricably linked with other factors that affect women, such as race, ethnicity, religion or belief, health, status, age, class, caste and sexual orientation and gender identity. Discrimination on the basis of sex or gender may affect women belonging to such groups to a different degree or in different ways to men. States parties must legally recognize such intersecting forms of discrimination and their compounded negative impact on the women concerned and prohibit them.”

Where is particularly bad the report said the government should use “special measures” – specific legislation to address the problem – to end this inequality.

The report looked at major policy issues such as Brexit, climate change, the Covid 19 pandemic and the Windrush scandal and how they affected women.

It quoted evidence on how these separate issues impacted on each other. One passage read:

“The evidence further provided a snapshot view of the rise in hostility in the lead-up to, the confirmation of, and the continuing aftermath of Brexit. The Covid pandemic has exacerbated this, in that because Black and minoritised women (along with their male counterparts) have been in the forefront – both as doctors, nurses, healthcare workers and cleaning staff in hospitals, and suffering from being more susceptible to the virus – this has militated against their interests in the community, too – drawing racist attacks as if they are to blame because of that greater susceptibility”.

It tackled controversial issues such as migration, asylum seekers, women being detained in prison and made strong recommendations on how to deal with these issues. And it dealt with the lack of equal pay for women, and being forced by the partners into credit debts -coining the phrase ” sexually transmitted debt.”

” Sexually transmitted debt”

“This term, coined by lawyer Jenny Lawton and barrister Emma Swart recognises the position of women who, believing
their signature does not ‘count’ and under pressure that is difficult or impossible to counter, sign contracts – including mortgages and guarantees – at the behest of husband or partner, plunging them into debts they did not envisage, from which they do not profit, and which they did not wish to accumulate. Not infrequently, this occurs with the complicity, to a greater or lesser degree and even amounting to collusion, with banks or other financial providers.”

It also looked at faith marriages among the South Asian community which are not recognised by civil law and how they can lead to polygamous marriages, trafficking and women left with nothing in a divorce settlement.

This gives you an idea both of the breadth of issues covered by the tribunal and the need for widespread reform in many areas to give women full rights. And I haven’t touched on violence against women and domestic abuse.

This is truly a major document and a basis for major campaign to change the entire approach to women’s rights. Read it, digest it, and go forward and campaign for change.

Exclusive: “Frightening” DWP letter to pensioners: Report for telephone interview or we can stop your pension

The ” frightening” DWP letter ( the telephone numbers of the pensioner and the official and his name have been blacked out

This a picture of the offending page 2 of the DWP letter

The headline in this story is a paraphrase of an extraordinary letter to be sent out to 15,000 people randomly chosen by the Department for Work and Pensions. Some 180 pensioners are being contacted this month.

The ministry has mounted an exercise to check fraud and error in payments for the state pension alongside universal credit, attendance allowance, PIPs, carer’s allowance, pension credit, housing benefit, and the employment and support allowance. It is run by the Performance Measurement Team. The ministry are asking people on other benefits to send them original documents showing their savings, pay slips, rent books and tenancy agreements.

It comes as the ministry faces a potentially damning report from a National Audit Office inquiry into the underpayment of state pensions to tens of thousands of women under the old state pension system replaced in 2016.

The NAO want to know how these mistakes occurred , what is being done to put them right and what lessons have been learnt. The NAO made it clear yesterday it had nothing to do with this exercise mounted by the DWP.

This also comes on top of a finding of “maladministration” by the Parliamentary Ombudsman over the ministry’s failure to inform 3.8 million 50swomen adequately about the rise in the pension age from 60 to 66.

The letter reproduced above is pretty insensitive to say the least – since it will be going to elderly people aged anywhere from 66 to their 80s and 90s.

Onus put on pensioners not the DWP

As you can see it puts the onus on pensioners to answer questions correctly-with the threat of prosecution or fines if they don’t.

” You have a personal responsibility to make sure all the information you give during the call is correct and complete.

If it isn’t and we pay you too much money you may have to pay the money back. You also risk being prosecuted or having to pay a financial penalty.”

But it gets worse. Under the heading What will happen if I do not hear from you it says:
If you fail to be available for this review and do not contact me, your entitlement to State Pension may be in doubt and your payments may be stopped. ( Bold type my emphasis).

This is “coercive and threatening language”- Rosie Brocklehurst

Pensioner Rosie Brocklehurst

Rosie Brocklehurst from St Leonards, is one who got the letter and contacted me.

She saId: “There could be 15000 terrified pensioners receiving this letter all of whom are being threatened with having their state pension. stopped if they do not “make themselves available.” This is abusive coercive and threatening language in my lexicon.”

She is 71.  She said: “The letter they send out is couched in language that is designed to frighten and certainly frightened me. I am not well and have had a chronic condition for 18 months. I have no other income but state pension and pension is not means tested. I am married and claim nothing else but my pension..”

Two points First you have to claim your pension but the calculations are done by the DWP. So if the figure is wrong it is not your responsibility, it is theirs and there is a history of the ministry getting things wrong.

The second is you are entitled to your pension. There is no way the DWP or anybody else can take it away from you. Whoever drafted that letter should have changed it for pensioners. I suspect that it may be illegal for the government to stop pension payments which they have already calculated. Certainly if the grounds are not agreeing to be interviewed.

I have contacted the DWP press office but they took over two days to reply. This is their reply;

“We urge people not to worry. We would only suspend payments in very specific circumstances such as where a pensioner has died and we are continuing payments.

“These reviews, introduced in 1997, take a sample of claims from across several benefits to help us identify cases where the department has paid the wrong amount.”

“The wording of our letters is kept under constant review.”

However what does it not say is that the state pension was exempt from all reviews since 1997. A decision to include it was taken in February this year. No explanation was given why the ministry suddenly decided to include it.

Parliamentary Ombudsman officially says maladministration over 50s women pensions – but it will still be a long wait for justice

Amanda Amroliwala, Deputy Ombudsman Pic Credit: Parliamentary Ombudsman

Rob Behrens, the Parliamentary Ombudsman, today published his report finding there was maladministration by the Department for Work and Pensions in issuing advance warnings over the rise in the pension age for women born in the 1950s and 1960s.

The report – as previously revealed on this website – is little changed from its draft version – and still insists that up to 2005 there was no maladministration over telling the women that their pension age would rise. After that the report says there were delays.

Amanda Amroliwala, Parliamentary and Health Service Ombudsman CEO, said: “After a detailed investigation, we have found that DWP failed to act quickly enough once it knew a significant proportion of women were not aware of changes to their State Pension age. It should have written to the women affected at least 28 months earlier than it did.

‘We will now consider the impact of these failings, and what action should be taken to address them”

The decision to publish the first part of the investigating before announcing whether the women will be compensated is unprecedented. But according to the press office ” this is because it is the most important investigation we have done” and ” there is a lot of public interest”.

The report is now laid before Parliament and MPs will be able to press the government about its findings.

Andrew Gwynne MP

Andrew Gwynne, joint chair of the All Party Group on the State Pension Inequality for Women, said:

This report is a landmark moment in the ongoing fight for 1950s women to receive justice, and a vindication of what campaigners have been saying for years. The PHSO has conducted a thorough investigation of a number of complaints and found that there were failings in the actions of the DWP in communicating changes to State Pension.

The DWP must urgently address these findings and advise 1950s women what actions they will take to right the wrongs committed by successive Governments. For too long 1950s women have been ignored, and this must change.”

The question is now what will happen next. The report is the first part of a three stage process.

What happens next?

The next stage will be to examine how badly the women were affected by this process. According to the press office this may not be just examining how the six complainants were affected but will look wider. It is not clear at this stage how this will be done and how long it will take.

Then there is a third process -deciding how much compensation the women will get. It will be nothing like the sums of money women lost – often adding up to as much as £50,000 – but is more likely to be hundreds or low thousands.

Again it is not clear whether the Ombudsman will publish these two processes separately or just issue a final report.

My guess – and it is only a guess- is that this may take a year.

Even when it is published the Department for Work and Pensions will need time to respond and a lot will depend on the timetable the Ombudsman gives them to respond and compensate people.

If I take previous cases involving the DWP- the six will get their compensation within a month- while the remaining millions will have to wait. Also the Ombudsman cannot compel the DWP to compensate them – but pressure from MPs should ensure that people will eventually get the money.

The 3.8 million women and those born in the 1960s are still a long way from justice despite this ruling today.

Previous stories on my blog on this issue are:

https://davidhencke.com/2021/06/07/exclusive-parliamentary-ombudsman-proposes-to-say-maladministration-by-dwp-over-the-rise-in-the-womens-pension-age/

https://davidhencke.com/2021/06/12/50s-women-pensions-flaws-in-the-parliamentary-ombudsmans-preliminary-maladministration-report/

I haven’t gone into much detail on the report as you would have read it when I published the draft on June 7.

Those who want to see the report It is here.

Worst audit report for the Department for Work and Pensions in 33 years

A damning loss of control of Universal Credit payments has meant that the Department for Work and Pensions has received a drubbing from the ministry’s auditors, the National Audit Office, and led to its accounts being qualified for 33rd year in succession.

While the ministry has been praised for its swift response to the pandemic by uplifting Universal Credit by £20 a week and coping with a doubling of people on the benefit, the grim costs to the ministry’s finances are revealed in its annual report.

Overpayments on Universal Credit have skyrocketed, criminal gangs have targeted business payments and the ministry has had to set aside £1 billion to pay 132,000 pensioners who have been underpaid their pensions for up to 30 years.

A new problem of identity theft of some 5000 claimants has also hit Universal Credit leaving some claimants losing benefit for weeks.

Overpayments hit record £8.3 billion

DWP estimates it overpaid £8.3 billion of the £111.4 billion that it spent on benefits in 2020-21, an increase of £3.8 billion on the previous year. The rate of overpayments increased from 4.4% in 2019-20 to 7.5% in 2020-21. Nearly all of the increase in fraud and error was on Universal Credit. DWP estimates it overpaid £5.5 billion of Universal Credit (14.5%) and underpaid £540 million (1.4%).

The NAO reports: “DWP has identified four key fraud and error risks within Universal Credit that it needs to tackle, as they are the largest causes of fraud and error. It is looking to improve controls over incorrectly reported self-employment earnings, savings, living arrangements and housing costs. It has also identified several organised criminal attacks during the pandemic, with fraudsters targeting Universal Credit in particular and making claims in other people’s names.

The Department is owed £5 billion of overpayments, placing additional strain on its resources and potentially causing uncertainty and hardship to claimants. It is not sure how much of its estimated loss of £8.4 billion in 2020-21 it will recover, as it has attempted to recover only 10% of the estimated loss in the last 5 years.”

The ministry is now having to bring in more staff to sort out the fraudulent claims and a criminal investigation has been launched.

On the underpayment of pensions the ministry has promised to pay the people by the end of next year.

Gareth Davies, NAO head ” fraud and error at record levels”

The NAO report says: “The Department commissioned a root cause analysis to understand the cause of these underpayments. This analysis identified a range of process and control issues including poor staff training, instructions and quality review that led to the underpayments. These issues have also affected the Department’s initial work to quantify and rectify errors. The Department has asked the Government Internal Audit Agency to review State Pension legislation to ensure there are no further entitlements that may be underpaid.”

“The impact of this underpayment on the individual pensioners is significant, and it is vital the Department learns lessons to avoid systemic underpayments in the future and correct past underpayments.”

Gareth Davies, the head of the NAO, said:

“I am concerned that the level of fraud and error in the benefits system continues to increase year on year, now reaching its highest level since records began. This has a real impact on public funds and on those who face deductions to their income due to overpayments.

“I recognise that the pandemic and the resulting surge in the number of claimants has increased DWP’s exposure to fraud and error. It must now review all cases that could have been subject to fraud during this time, whilst continuing to progress our past recommendations on how to reduce fraud and error.”

The new human rights battle: Scotland v Westminster goes to the Supreme Court

Nicola Surgeon: Official Portrait. Scotland’s Minister Nicola Sturgeon said the move was “politically catastrophic and morally repugnant “.

This week the Supreme Court held a ground breaking hearing that could have huge implications for human rights legislation in this country.

The UK government under Boris Johnson took the Scottish government to the Supreme Court to stop them incorporating into Scottish law a United Nations Convention which the UK ratified in 1990 under Mrs Thatcher.

The United Nations The United Nations Convention on the Rights of the Child (UNCRC) is an international human rights treaty that grants all children and young people (aged 17 and under) a comprehensive set of rights. 

It is one of four UN Conventions – the others cover race equality, the disabled – and of course CEDAW- which covers all forms of discrimination against women.


Boris Johnson: pic credit: UK Parliament Jessica Taylor

Just like CEDAW the UNCRC has not been properly implemented. It covers everything from the age of criminality of children ,detention of children, rights for asylum seekers children, and the ill treatment of children including issues like using solitary confinement.

A scathing report from Parliament’s Joint Committee on Human Rights in 2009 expressed severe disappointment on how little the government had done and how fine words used by ministers were not put into practice. Since then there has been a big drop in the number of children being arrested and detained but a lot of other issues, including raising the age of criminal responsibility have not been implemented. The report can be read here.

Now Scotland’s decision to implement it – passed unanimously by the Holyrood Parliament – with every party backing it, has infuriated Boris Johnson who ordered his aides to block it.

This is what happened this week – and the Scots were joined by the Welsh – in fighting the government.

Scotland’s Minister Nicola Sturgeon said the move was “politically catastrophic and morally repugnant “.

Her deputy, John Swinney told MSPs during the final debate on the UN convention bill that the UK government’s request that it be amended amounted to a “orchestrated and sustained assault” on Holyrood’s powers.

Sir James Eadie: now wanting to stop Scotland forcing UK ministers to improve children’s rights

Step forward Sir James Eadie ,the Treasury Devil, who also blocked 50swomen getting any restitution for lost pensions and told the courts that the government was not obliged to tell anybody the value of the state pension.

He has been engaged by Johnson to fight it and it soon emerged why.

He told the court the case concerned “whether the Scottish Parliament has the legislative competence to subject acts of the UK Parliament with the need to comply with the UNCRC and to assign or delegate to the Scottish courts powers to strike down, rewrite or declare incompatible provisions of the acts of the sovereign UK Parliament”.

The UK Government has said their concerns “are not about the substance of the legislation” but whether the Scottish Parliament has the legal ability to pass the bills. In written arguments, Eadie said: “Both bills, [ there was a local government bill as well] in slightly different ways, purport to bestow upon the Scottish courts extensive and, in part, unparalleled powers to interpret and to scrutinise the legality of primary legislation passed by the sovereign UK Parliament at Westminster.”

Don’t give a damn about implementing human rights

It means in slightly less legal language that putting these powerful UN conventions into Scottish law could lead to the Scottish courts striking down unfair and discriminatory laws passed by Westminster – in this case involving the treatment of children. This is precisely why the government fear CEDAW.

So the game is finally up – and it explains why this government is so tardy in putting these conventions into law. They want to bathe in the fine words of these conventions – but really they don’t give a damn for extending human rights to anyone – whether it is a 10 year old child, a 1950s born woman, an asylum seeker, a disabled person or someone who isn’t the same skin colour as the majority of the population.

As MSP Neil Gray warned: “Not only are they threatening the powers of Holyrood but also the rights of Scotland’s children. Scotland’s Parliament has been under sustained attack from the Tories who have been using Brexit, which people in Scotland overwhelmingly rejected, to tighten Westminster control.

“Now they are threatening to strike down legislation that was passed unanimously at Holyrood.”

The all male judges in the Supreme Court who heard the case are reserving judgement.

50s women pensions: Flaws in the Parliamentary Ombudsman’s preliminary maladministration report ?

Last week I had sight of the Parliamentary Ombudsman confidential preliminary report into whether there was maladministration in informing some four million women that their pensions would have to wait another six years before they got their penswion.

The report found that there was – but only from 2005. The report exonerated the Department for Work and Pensions for its handling of everything from 1995 – when the Pensions Act was passed – to 2004.

Its official words were: ” Between 1995 and 2004, accurate information about changes to State Pensions Age was publicly available in leaflets, through DWP’s agencies and on its website. What the DWP did reflects expectations set out in the Civil Service Code, the DWP Policy Statement, the Pension Services Customer Services Charter and the Benefit Agency Customer Charter”.

I thought I would check their findings against the release of hitherto secret documents from the DWP following the court case brought by BackTo60 which I obtained when the case was over.

The Ombudsman’s report says it applied the same standard to events that happened before 2005 and after 2005 – when internal documents showed the ministry did have tougher standards for the delivery and supply of information for benefits and pensions from 2006 which strengthened the Ombudsman’s hand.

What surprised me therefore was the lack of weight in the Ombudsman’s report placed on a key document in February 1997 -just months before the general election that saw Tony Blair’s landslide victory.

It read: “Ministers have seen your submission of 20 January seeking agreement to run an advertising campaign aimed at informing/reminding women of the change in state pensions age following the Pensions Act 1995.

“Ministers do not see a pressing need at this stage to run such a campaign but would be prepared to re-consider at a later date.”

Lack of curiosity

There seems to be a remarkable lack of curiosity by the Ombudsman about this. For a start the internal document shows it went right up to Peter Lilley, then Secretary of State, which is the highest level in the ministry. Secondly they don’t ask what sparked civil servants to seek such action.

Perhaps it might be because the the DWP devoted just two sentences in an appendix to the legislation to any thought of communicating the change to millions of people. They decided to leave it in the hope that employers might voluntarily tell their staff. Why should they, surely it is the government’s job? The DWP anyway insisted in the court case they had no obligation to tell anybody.

The second point is that the Ombudsman is right to mention that leaflets were printed, there was some advertising and were distributed in benefit offices and citizen advice bureaux. What they don’t say is the quantity. Internal documents show the DWP spent just £80,000 printing 47,000 leaflets to inform the 3.8 million women affected. How pathetic is that for a communications policy?

Priority given to independent financial advisers

Priority was given to informing independent financial advisers, representing the wealthiest pensioners, who received personalised letters. For some reason, this letter appeared to be missing from the 1,600 pages of documents submitted by the DWP as part of the judicial review.

Yes some £6.5 million was spent by Alistair Darling, the Labour social security secretary in 2001 on advertising -including the notorious talking dogs advert – but ministers at the time tell me the emphasis was then on getting people to take out a second workplace pension to supplement the state pension not on the impending rise in the pension age for women.

So it seems curious for me that the Ombudsman has let off the ministry for this period while coming down strongly against them after 2005 when people had little time left to plan to alter their retirement plans. The evidence that millions of people didn’t know as the internal documents reveal is shaming for the DWP, as is the slow way they reacted to the facts. Indeed, ironically it was only because civil servants feared someone would complain to the Ombudsman that they thought they must cover their backs.

Flaw in the process

My other thought about the report is the process. Normally the Ombudsman might be dealing with one family or a small group of people in handling a maladministration case. In this instance they are asking six people to respond to their report on behalf of four million people. It puts a huge burden on those six people to have the knowledge and time to respond to get this right. I don’t know who they are but I am not sure in this case this is entirely the right process – since they can’t share the findings with other people or get advice.

This is one reason once I discovered the report had been circulated rather more widely than the six – including with the DWP and MPs – that I thought, on public interest grounds, it ought to be more widely known.

Revised All Party Pension Inequality Group for Women to act as bridge to get justice

The new Parliament has seen a complete revamp of the all party group tackling the long standing festering issue of pension inequality for millions of women caused by the mishandling of the rise in the women’s pension age.

Out go Carolyn Harris, the former chair and Labour MP for Swansea, East and co chair Tim Loughton, Conservative MP for East Worthing and Shoreham.

In come Andrew Gwynne, Labour MP for Denton and Reddish as the new chair and Peter Aldous, Conservative MP for Waveney as co chair.

The good news is that the change means a fresh start and a move to a more inclusive approach taking in the views of all the different women’s organisations that represent those born in the 1950s who were faced with a wait for up to six years to get their pension. Unfortunately under his predecessor Carolyn Harris this was not always the case and it was a never completely clear what this group of MPs wanted in compensation for the millions of women affected by the change.

Andrew Gwynne summed up the change succinctly.

“The APPG on State Pension Inequality exists to keep the issue of the 1950s women’s pension injustice alive.

“As new Chairs, Peter Aldous and I are informally taking evidence from all the 1950s women’s groups to get as much information as possible. We also await the Ombudsman’s report.[This is the report on maladministration]

“We recently had a good meeting with BackTo60 who are providing information to us about CEDAW and whether there is a parliamentary route on the issue.”

I gather that as well as Waspi and Waspi 2018 they have asked Joanne Welch, who ran BackTo60, to address a full meeting of the committee.

welcome news

This is particularly welcome news as for years we had a ridiculous position of a major court case seeking a judicial review of the government’s handling of the issue running alongside complaints to the Parliamentary Ombudsman – with the former being ignored by this committee. The first dealt with the past inequalities that were enshrined by the legislation, the second with whether the Department for Work and Pensions was guilty of maladministration in handling it.

The first ultimately failed but the fact that it took place at all is due to a ruling by Mrs Justice Lang – a remarkably independent woman judge – who decided that it couldn’t have possibly been known in 1995 that the new act would cause such present hardship to a group of women born in the 1950s. She incidentally took an equally controversial decision to save at the eleventh hour from destruction Brandon Station on the Suffolk/ Norfolk border designed by the architect who supervised the stone carvings in the Houses of Parliament. See my blog here.

The great news is that MPs will now look at all proposals from full restitution to compensation, take account of what the Parliamentary Ombudsman finally says, and be able to present their views to ministers who have been extremely reluctant to award any money at all to the 50s women.

CEDAW People’s Tribunal

They have also acknowledged the link to CEDAW – the UN Convention on the Elimination of all Discrimination Against Women, ratified by Margaret Thatcher in 1986.

With a CEDAW People’s Tribunal due to be held from June 21 in London with the backing of lawyers from Garden Court Chambers – it also very likely that the plight of the 50swomen will form part of wide ranging submissions covering violence to women, unequal pay and job discrimination.

The other members of the committee are: Philippa Whitford, SNP MP for Central Ayrshire; Liz Saville Roberts, Plaid Cymru MP for Dwyfor Meirionnydd; Ruth Cadbury, Labour MP for Brentford and Isleworth; Jason McCartney, Conservative MP for Colne Valley; and Gavin Newlands ,SNP MP for Paisley and Renfrewshire North.

Exclusive: Parliamentary Ombudsman proposes to say maladministration by DWP over the rise in the women’s pension age

Sir Robert Behrens – provisional ruling

Provisional findings point to some compensation likely to be paid to women born in the 1950s and 1960s

A confidential letter seen by this website shows the Parliamentary Ombudsman, Sir Robert Behrens, has managed to both exonerate and damn the Department for Work and Pensions for its handling of the administration of the rise in the pension age for millions of women born in the 1950s and 1960s,

The letter contains the provisional findings of an investigation which has taken years to undertake by his office – also wrongly temporarily halted because of a court case brought by Back To 60 seeking full restitution of the hundreds of millions lost by pensioners on grounds of inequality not maladministration.

The ministry is exonerated for all the work it did between 1995 and 2004 – from the passing of the 1995,Pensions Act.

DWP exonerated for first nine years of the announced change

The relevant paragraph reads: ” Between 1995 and 2004, accurate information about changes to State Pensions Age was publicly available in leaflets, through DWP’s agencies and on its website. What the DWP did reflects expectations set out in the Civil Service Code, the DWP Policy Statement, the Pension Services Customer Services Charter and the Benefit Agency Customer Charter”.

But the provisional report go on to make findings of maladministration for the department’s handling of events from 2005 to 2007 when it belatedly found out through internal research that people still did not know about the change and needed targeted information.

The report reveals that at the time the ministry had a sufficient database to have issued targeted information to people who were affected by 2005. But the huge delay in sending out letters meant in the worse case scenario many women did not get an official letter until 14 years after the event. The letter quotes Paul Lewis, a financial campaigning journalist, saying on average women born in the 1950s did not get a letter until one year and four months before they turned 60.

DWP ” did not get it right “

It says: ” We think DWP’s decision making following the 2003/04 research failed to give due weight to relevant considerations, including what research showed about the need for ” appropriately targeted” information, what was known about the need for individually tailored information, or how likely it was doing the same thing would achieve different results. It failed to make a reasonable decision about next steps. In Augusts 2005 DWP did not ” get it right”. And its failure to use feedback to improve service delivery meant it did not seek continuous improvement. Our provisional view is that it was maladministration.”

” We think DWP then failed to act promptly on its 2006 proposal to write directly to affected women, or to give due weight to how much time had already been lost.. It did not get it right because it did not meet the requirements of the Civil Service Code and it did not take all relevant considerations into account. And it failed again to use feedback to improve service delivery and seek continuous improvement.. Our provisional view is that was also maladministration.”

” We think maladministration led to a delay in DWP writing directly to women about changes in the state pension age. In our view that letters would have been issued around 28 months earlier than they were if the maladministration had not happened.”

This led to women who were not aware of the changes being given less time to make changes to their retirement plans. ” The next stage of our investigation will consider the impact that injustice had.”

The report seems to exonerate Whitehall for the way it handled the pension changes in 2011 with letters going out 18 months after the further change. But because of a huge delay in sending out letters to the women affected by the changes in 1995 many did not know until just before they thought they were going to retire.