Women’s State Pension Age: Ombudsman Report

Justin Madders Excerpts

Thursday 16th May 2024 Commons Chamber

[Sir Stephen Timms]

The right hon. Gentleman has echoed a number of the points that the ombudsman has drawn to our attention, but I think we should be clear about the fact that a great many people did know about this change. The passage of the legislation was widely reported at the time, nearly 30 years ago, and I vividly recall that in the first of my two stints as Pensions Minister, I spent a fair chunk of most days signing replies to MPs who had written on behalf of constituents who were unhappy about the impending change, or were calling on the then fairly new Government to reverse it. The replies that I signed were robust, and made it clear that the decision would not be reversed. The decision was quite well known, and—the right hon. Member for New Forest West (Sir Desmond Swayne) made a useful point in this regard—I think that citizens have a responsibility to keep themselves informed, by listening to the radio or reading the papers, of changes in the law that will affect them.

However, the ombudsman has established and made clear in the report that the Department found out, at around the second time I was Pensions Minister, that only 40% of women had known about the forthcoming pension age change. Forty per cent. is a large number, but 60% —the proportion who did not know about it—is even larger. The Department found that out as a result of research done in 2003-04, but did nothing about it until 2009. That is the maladministration that the ombudsman has identified. We do not know why nothing was done—well, I certainly do not—because the ombudsman has not told us, but it cannot be credibly argued that this was not maladministration. When a Department discovers information and then does nothing, there is clearly a problem.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

I am grateful to my right hon. Friend for describing his experiences in connection with this matter. We have a clear finding of maladministration, but Government acceptance of that does not automatically follow, so we are having a debate today about whether we accept the findings when, given the timescale, we ought surely to be thinking more about how we deal with issues relating to who is eligible and who is not.

[Sir Stephen Timms]

I agree, and I will come to that point when I talk about the Select Committee’s discussions last week. It is worth adding that the problems caused by that maladministration were exacerbated by the decision in 2011 to increase the state pension age not to 65, as provided by legislation in 1995, but to 66, with very little notice given of that change.

The ombudsman said that had it reported directly to the DWP, it would have recommended that the Department apologise for the maladministration and take steps to put things right. As we all now know, the ombudsman did not report directly to the

Department because of concern that no remedy would be forthcoming. The interim ombudsman, Rebecca Hilsenrath, told the Committee last week that her office had been

“given repeatedly to understand that the Department did not accept our findings.”

Perhaps, when he winds up the debate, the Minister can tell us whether the Department now recognises that there was maladministration in this case.

In laying its report before Parliament in March, the ombudsman asked us in the House to “identify an appropriate mechanism” for providing a remedy. It set out its thinking, namely that the DWP should first acknowledge the maladministration and apologise; secondly, pay financial compensation to the six sample complainants at level 4 of the severity of injustice scale; and, thirdly, identify a remedy for others who had suffered injustice because of the maladministration. As we have heard, the ombudsman estimated that this would involve a sum of between £3.5 billion and £10.5 billion.

We need to find a resolution to this issue, and to find it quite quickly, because it has dragged on for a very long time. Angela Madden, the chair of the WASPI campaign, told the Work and Pensions Committee last week that a woman from the affected cohort dies every 13 minutes, which is a powerful point to make.