Promise of an early resolution for the £3.6 million 50s born women to get compensation for their delayed pensions appear to have been dashed with no movement from the Parliamentary Ombudsman to solve the problem.
Despite a court agreement in May to revise the final report on compensation for the women to correct what Waspi calls the Ombudsman’s “legally flawed” decision to award minimum compensation for the women who have lost up to £50,000 by the six year delay they faced when the pension age was raised from 60 to 66, nothing has happened. Waspi has raised £147,500 from the public for a judicial review of the decision which never happened.
The Waspi statement in May was very confident the organisation could hold Robert Behrens, the Parliamentary Ombudsman’s feet to the fire and get great concessions for the women. At a Labour Party Conference meeting last year, Angela Madden, chair of Waspi, said she would expect women to get £10,000 a year compensation. See my blog here.
What a contrast with the downbeat statement a few days ago.
“”WASPI are disappointed and frustrated by the length of time that the Ombudsman is taking to rewrite his Second Report on the injustices cause by DWP maladministration. The Court Order requiring that reconsideration was sealed on 12 May 2023. It is unclear precisely what has been done since then.
” We can confirm that neither we nor, as far as we are aware, any of the sample complainants have been contacted to comment on a draft, or on anything new that the Ombudsman has gathered from the DWP. That opportunity to comment is guaranteed by the Court Order, which suggests that finalisation of the report is still some way off.”
In desperation Waspi have got their lawyers, Bindman’s, to write to the Ombudsman. But as their statement says:
“We have not had the courtesy of a reply. We also have asked for a meeting with William Wragg MP, the Chair of the Public Administration and Constitutional Affairs Committee (PACAC), to whom the Ombudsman reports. That meeting has yet to take place.”
Failure to reply is quite common from the Ombudsman’s Office. BackTo60, who have repeatedly told the Ombudsman that he should have to consider whether the failure to compensate the women is in breach of international agreements signed by the UK government which ratified the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),.
This argument is particular powerful following the report by Dr Jocelynne Scutt, the former Australian anti discrimination commissioner and judge, which found it was in breach of CEDAW and was clearly discriminatory against the 50swomen.
Now while it might be convenient for the government and the Ombudsman to pretend this report doesn’t exist, the findings are being taken seriously by the committee implementing the convention in Geneva who have to do a report to the UN on Britain’s compliance with it. Given the Ombudsman’s public pride of his role on the international scene with other Ombudsmen his reputation could easily be sullied if he is found to have ignored an international convention.
But perhaps he doesn’t care. The other major development while Waspi was awaiting his report is that he is to step down from the job next March. He announced this in his annual report published on July 20 which he said was his valedictory report.
This means when Parliament comes back in September the emphasis will switch to finding a successor, drawing up a short list and having the new Ombudsman’s appointment scrutinised and approved by Parliament via the Public Administration and Constitutional Affairs Committee.
What should worry Waspi, which chose to go down this route, is there must be a temptation to delay his findings so his successor has to sort it out. Also even if he does come out with his findings before he leaves, it will be up to his successor to persuade the government to implement them. Given by then Parliament will be engulfed with preparations to fight the next general election, the government might be tempted to push it into the long grass or make vague promises in the hope of garnering votes.
The annual report provides some interesting facts and figures on the operation of the Ombudsman’s Office. A table reveals who uses it showing more women than men complain to the Ombudsman and the main age groups are between 35 and 74 and 84 per cent are white.
The report also reveals disabled people are heavily reliant on it. When one looks at the breakdown of the board however, there is not a single person with experience of a disability on it, which means the disabled have no voice at the top of the organisation. The board has one gay member and three people from ethnic minorities.
The organisation fares well in the employment of women both among its staff and the board as 59 per cent of staff and 58 per cent of the board are women. Disabled people form 13 per cent of the staff just above gay people and just below people from ethnic minorities.
The report also shows that some £588,000 of taxpayers money was spent on management consultancy last year compared with just £22,000 the previous year. This does seem an extraordinary amount of money from a budget which the government has limited.
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