Ombudsman capitulates to DWP intransigence NOT to pay a penny and leaves it to MPs to decide

In what must be the most extraordinary provisional decision by any Parliamentary Ombudsman Rob Behrens has decided NOT to make any recommendations for compensation for maladministration he found affecting 3.5 million 50s born women who had to wait an extra six years for their pensions.

Some details of his confidential letter sent out to Waspi, MPs, the test case complainants and 500 other pensioners have leaked out and show basically the Ombudsman has , in my words.” kopped out ” of his job to compensate people wronged by public bodies. This is after spending six years – with various breaks – investigating the issue.

The letter reveals that the Department for Work and Pensions has put enormous pressure on the Ombudsman not to award anything by telling him before he has completed his final report they have no intention of paying it.

These are the key paragraphs:

The official Ombudsman website says the aim is to publish this as a final report in March.

So what are the repercussions if this goes ahead? It obviously means it would go to Parliament which would have to have a debate and a vote on various levels of compensation. But the Parliamentary agenda is largely in the hands of the government and government whips. The government still has a large majority and Rishi Sunak, the PM, has shown little, if any, interest in this issue. All the government has to do is put down a motion saying the DWP doesn’t want to pay any of the women and whip Tory MPs to vote for it.

There might be a small rebellion by Tories but not enough to defeat it. It is by no means certain that Labour would support it, despite the former shadow chancellor, John McDonnell promising £58 billion to settle this issue. Labour seeing itself in power later next year would not necessarily be keen on paying a multi billion package to the women when faced with a tight spending constraints.

The other extraordinary result of such a provisional decision is that this is a bitter blow to Waspi, who went down the Parliamentary Ombudsman route. The have raised huge sums of money from these women – all it turns out for nothing. They are still running a crowd funder – supposedly for a judicial review into the Ombudsman’s decision. They capitulated at the court door- going for the Ombudsman to rewrite his findings. Well he has now, and recommends they get nothing. Should they continue to raise money now it could be seen as fleecing their supporters as they now have nowhere to go.

The only bright light in this terrible situation is that CEDAWinLAW has now raised all the £15,000 it needs for lawyers to go ahead to work out a strategy to bring a Group Class action against the DWP. Since it looks like the only thing that could make the DWP listen is a court decision, this is the only avenue left.

But there is something worse in the Ombudsman’s provisional decision. Should it go to a vote in Parliament and Parliament votes to give them nothing, that is the end of the matter. Parliament is supreme and even the courts have to bow to Parliament. In other words, the Ombudsman’s decision, however he likes to dress it up, condemns 3.5 million mainly poor pensioners to go to their graves without a penny in compensation. Some friend of the oppressed indeed.