Tag Archives: compensation payments

Updated: The Ombudsman’s much delayed justice train for 50swomen lost pensions

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Sir Robert Behrens:Parliamentary Ombudsman

Parliamentary Ombudsman slips out progress report on 50s and 60s born women pensions complaint

It is commonly known in Whitehall that if want to bury bad news, choose an obscure part of your website, make a big announcement and don’t put out a press release .Yesterday I found out Sir Robert Behrens, the Parliamentary Ombudsman, has done just that.

His announcement on the progress of his four year long investigation on maladministration by the Department for Work and Pensions over notifying the women amounts to pretty much a non announcement. Partly this is because he is restricted by an Ombudsman law which urgently needs updating, Partly it is his own fault that he has made so little progress.

I suspect that he may have thought it was a good idea to make this announcement because it was clear from the recent report on the Ombudsman by the House of Commons Public Administration and Constitutional Affairs Select Committee that people are dissatisfied with his progress. There are conflicting reports that another announcement may be imminent to follow this up.

WASPI Cheltenham statement yesterday

Cheltenham WASPI 19th March

We understand that the Parliamentary & Health Service Ombudsman may make an announcement “imminently”.We expect that this will be the official result of the first stage of their investigation. This will decide whether there was maladministration when we were given inadequate notice of the changes to our State Pension Age.

There are three stages that must be completed before decisions about any compensation can be made:Stage 1: Was there maladministration?Stage 2: If so, did the maladministration lead to injustice?Stage 3: If so, what recommendations should be made to put things right? This could include compensation.It is important to remember that a positive decision on maladministration does not automatically mean that we will get compensation. It is only the first step in the process. Please note that any decision made by the Ombudsman will apply to ALL 1950s women affected by a delay to their State Pension, not just those who have made an official complaint.You can read full details of this process, and how compensation is calculated, here https://www.ombudsman.org.uk/complaints-womens-state…We will let you know as soon as we hear anything further. In the meantime please share this information with anyone you know who’s affected.”

ReplyForward

It will have to be good if it is meant to mollify people he hasn’t done a good job. The announcement is good in explaining to people how an Ombudsman handles an inquiry and why people need to be patient but bad in hiding his own mistakes which have contributed to this delay.

The worst example of this was his decision to pause the investigation in 2017 the moment it became clear that the BackTo60 group, campaigning for the women, were going to the courts for a judicial review on behalf of the 3.8 million women who thought they had been cheated by the decision.

Belatedly yesterday he has now admitted this was false.

“We have reviewed the Court of Appeal’s judgment and it does not affect our investigation. Our investigation is looking at the issues from a different perspective to the courts,” says the announcement.

DWP lawyers argued in court that the ministry had no obligation to tell the women

The announcement suggests that – despite the DWP’s lawyers arguing in the courts that under the 1995 Act the DWP had no obligation in law to tell anyone about the change – that the failure to inform everyone affected properly could have been maladministration. The announcement admits that the first stage of the investigation on this matter is complete and they have a preliminary finding but are not allowed by law – under the 1967 Ombudsman Act – to tell any member of the public about it.

The second clue is that he talks about the second stage – which is discussing any financial remedy for maladministration. This can only happen if the first stage is proved. The advice says there were “complaints that women were given inaccurate information about the number of years of National Insurance contributions they needed to receive a full State Pension. We will be looking at this issue as part of stage two of our investigation. “

  “Our investigation is looking at the issues from a different perspective to the courts,” Parliamentary Ombudsman

What is depressing for the women is what the Ombudsman has ruled out . He won’t investigate full restitution or the payments of ” auto credits” – up to five years of insurance contributions only for men over the age of 60. The auto credits are controversial because originally the government intended to give them to women between 2010 and 2018 when they raised the pension age.

Low compensation

The level of compensation is also likely to be low – the one example he gives is a figure of between £500 and £950. In fact the Ombudsman can order anything from an apology and no compensation to over £10,000 in the most extreme cases.

This will be a drop in the ocean for those who have lost £40,000 or more from this decision.

It looks like any compensation will be for all including women born in the 1960s as well as the 1950s.

The real scandal is how long this will take. Covid 19 has already killed a substantial number of women in this group and bad health, stress and poverty is putting many others at risk. You only have to read the comments from people on my blog to see this.

No idea when he will report

He can’t even give a ball park date when he will report. The more he delays the fewer people will get any compensation because they will be dead. Unlike other inquiries the grim reaper will keep reducing the size of the overall compensation package.

While Covid 19 has left the government with huge bills, the effect of the pandemic since it is more severe on the elderly is reducing the Treasury’s pension bill and killing off those who would have got a pension later.

I wouldn’t suggest that ministers would be so callous to welcome the huge number of deaths among the elderly, but it is certainly saving them a lot of money on pension costs.

On Byline Times: Labour ambush the Tories over 50swomen pensions:is it an election game changer?

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Standing firm for full restitution for 50swomen

This article unlike my earlier one on the offer of compensation to 3.8 million 50swomen looks at the political moves that led Labour to make this offer which is not full restitution. It asks whether it is going to be a game changer in the 2019 General election? Read it in full on Byline Times here.

On Byline Times: BackTo60 group to seek permission to appeal Judicial Review blocking compensation for 50swomen pensions.

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Campaigners after the judicial review.

Tonight I have written a story for Byline Times disclosing that lawyers have decided to seek permission to appeal the Judicial review which rejected all the discrimination claims for the 1950s born women who face a six year delay in getting their pension. The story is here.

BackTo60 have also launched a £72,000 crowdfunding site to raise money for this action. The crowdfunder site is here. Already at time of writing it has raised over £10,000.

How government cuts led to blunders in complex criminal compensation awards

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carole oatway chief executive of the Criminal Injuries Compensation Authority

Carole Oatway, chief executive of the Criminal Injuries Compensation Authority

CROSS POSTED ON BYLINE.COM

The government’s obsession with cutting Whitehall  staff is always portrayed by ministers as getting more ” value for money” and greater efficiency. No doubt it will be said again when the remorseless reduction continues over the next two years.

Yet this year’s  crop of annual reports has produced  a vignette from one Whitehall body that nobody knows much about which rather disproves this case.

The Criminal Injuries Compensation Authority is not well known but for those who suffer serious injury it is vital to ensure they receive some compensation for an injury that is no fault of their own. They include British victims of terrorist attacks including recently those injured in Paris and Tunisia and the families of those killed.

Most of its payouts are routine based on a tariff which was already reduced to save public money by Chris Grayling when he was justice secretary.

But for 10 per cent of claimants their cases are complex and they need a detailed assessment by Whitehall staff. It is these that have gone wrong.

As I wrote in Tribune this month the situation through staff cuts and people quitting the agency because of stress caused by their workload. The agency admits it itself.

It’s annual report for the last financial year says: “This issue … is the consequence of an exceptional level of staff turnover in 2015-16, that has resulted in a reduced level of resources  across increasing workloads. This situation is now being rectified with a major recruitment exercise underway.”
The errors were originally found when the National Audit Office, Parlia­ment’s financial watchdog, ran a spot check on payments made to victims in complex cases.
The worst case involved a significant overpayment of £69,023 on an award of £356,964 due to a maths mistake by a caseworker.
Another case revealed a potential underpayment of £15,118 on an award of £69,976 on a case involving two linked claims for dependency.
Other mistakes included under­pay­ments of £80 on a £395,727 award, £1,463 on a £113,071 award, and over­payment of £42 on a £445,355 award.
The NAO investigation triggered an internal inquiry by the agency which found even more errors. The CICA has now ordered a review into its practices.

The report says : “CICA tested a further 98 complex cases, based on a random sample selected by the NAO, and found 17 errors; 8 overpayments and 9 underpayments. These included three errors over £10,000 and four errors of under £80 on sample of cases with a combined value of over £5 million.”

The CICA took its time to reply to me and had to be pressed to admit that while it was refunding those who had been shortchanged it had no power to claim back money it had overpaid. Good news for those who got more cash but hardly an efficient way to run a service.It also stressed that it was only a relatively small number of people and not a huge part of its budget.

But this is not the point. For the individual suffering some damaging injury an underpayment of £15,000 is not a sum of money they won’t miss.

There is also a much wider point. Civil service cuts have also led to people being underpaid benefits, short changed on taxes and the bad handling of cases by public bodies. Cuts being imposed next include the Equality and Human Rights Commission losing lower paid case workers – meaning it will either cut the number of cases it handles or open the risk of stressed staff making mistakes. None of this seems to affect the higher paid.

The government should realise that it can’t magic savings in public services without any consequences for the general public. Something I suspect they won’t want to know as it damages their belief  that austerity doesn’t matter.