Women’s State Pension Age Communication: PHSO Report Debate
Full Debate: Read Full DebateLord Palmer of Childs Hill
Main Page: Lord Palmer of Childs Hill (Liberal Democrat - Life peer)Department Debates - View all Lord Palmer of Childs Hill's debates with the Department for Work and Pensions
(2 days, 1 hour ago)
Lords ChamberMy Lords, I thank the Minister for repeating the Statement, but it does not, in my view, completely address directly the issue that lies at the heart of the anger felt by many WASPI women. I am assured that the maladministration identified by the ombudsman, and the associated question of a financial remedy, arose from decisions taken under a Labour Government that were the responsibility of Labour Ministers. In the years that followed, there was notable and sustained support from Labour Members for the WASPI campaign, including calls for compensation, voiced by individuals who now occupy the most senior positions in government.
Now that Labour is in power, that position appears to have been abandoned. The result is not merely disappointment, but a profound sense of betrayal. It is no wonder that WASPI women are furious. At no point in the Oral Statement, as far as I can see or understand, was this reversal acknowledged. Instead, attention was diverted towards general references to changes in the state pension age, which did nothing to address the specific findings of maladministration or the expectations that were so clearly raised.
There is a strong sense of frustration surrounding this issue, not only among Members of this House but, more importantly, among the WASPI women. Much of that frustration arises not simply from the substance of the decision but from the manner in which it has been handled and communicated by the Government. From welfare reform to the winter fuel payment, and now this, a pattern has emerged of poor communication and delayed decision-making. Too often, it is not the policy itself that causes the greatest anger but the uncertainty, delay and lack of clarity that surround it. Indecision is itself a decision. In this case, it has meant leaving people’s lives and expectations suspended for months.
In recent months, expectations appear to have been raised only to be lowered again. Following the ombudsman’s report, many campaigners believed that a different outcome was genuinely under consideration, only to be told once more that nothing had changed. The Minister will recall suggestions that decisions on this matter were left unresolved until after the general election in 2024. That is not entirely accurate. Statements made before the election set out the Government’s position with some clarity, which makes it legitimate for WASPI women to ask why more recent communications appeared to imply that the issue and situation remained open.
Against that background, can the Minister explain how the Government now intend to communicate their position clearly and directly to WASPI women? Will letters be issued setting out the decision and the reasons for it? If so, when and in what form will that communication take place? Given the strength of feeling among those affected, this must be treated with the gravity it deserves. More broadly, there is a sense that poor managerial experience has characterised the handling of this matter, further undermining trust.
That damage has been compounded by the contrast between earlier rhetoric and the position now being taken. The Deputy Prime Minister and the Justice Secretary spoke of a cliff edge facing WASPI women. The Foreign Secretary said she was fighting for a fair deal. The Chancellor said she wanted justice. The current Secretary of State for Work and Pensions publicly associated himself with MPs campaigning for a better outcome. Those who once stood beside them now appear, in their eyes, to have turned away.
I know that the Minister referred to pension credit and the importance of take-up, and I completely share that with her. I did my very best when I was in her position to make sure that we did everything we could to ensure that pension credit was taken up and increased. I am not sure if progress has stalled or whether there has been any improvement, so can the Minister clarify the position on take-up of pension credit and whether this can be used to placate some of these genuine WASPI women?
My Lords, I thank the Minister for bringing this Statement to the House. The Government say the WASPI women should have known about the changes. I am reminded of a quote from the book The Hitchhiker’s Guide to the Galaxy:
“But the plans were on display … you found the notice, didn’t you? … It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying ‘Beware of the Leopard’”.
Another relevant quote from the same book said:
“All the planning charts and demolition orders have been on display at your local planning department in Alpha Centauri for 50 … years”.
The issue here is whether these women were communicated with adequately. Some 3.6 million WASPI women have been badly treated. They were given some hope; we have an ombudsman who made a recommendation to provide some justice and pay some compensation. Can the Minister say why this recommendation has been ignored? We have heard apologies but no compensation.
If you were a woman who knew that, at a certain age, you would receive a pension you probably did not give it another thought that the rules had changed. Of course, lots of announcements were made, and lots of letters were sent—sometimes belatedly, as the ombudsman said—but the truth is that the messages were not received or understood. The ombudsman has recommended compensation of £1,000 to £2,950 per person. I ask the Minister, very bluntly, why this recommendation has not been implemented. It is not a question of justice, but a reluctance to spend money on a group of people who cannot fight back.
Can the Minister take back to her colleagues in the department that there is a feeling—I hope—across this House that the WASPI have been maltreated and that the least they should expect is for the recommendation of the independent ombudsman to be put into effect? It is not enough, in my view, but it has come from the ombudsman, and I would like to hear what reasoning the Minister can give for ignoring this. I hope that she will take back to her colleagues in the other House and in the department the feelings of this House that the ombudsman’s decision should be honoured.
My Lords, I am grateful to both noble Lords for their questions. Last November, the Secretary of State for Work and Pensions told Parliament that the Government would make a new decision in response to the ombudsman’s findings on state pension-age communications. That followed relevant evidence coming to light as part of legal proceedings challenging the original decision announced in December 2024. The Secretary of State has now concluded the process to make a new decision, and there is a copy of the Government’s full response in the Library.
We need to be clear as to exactly what the ombudsman did and did not investigate. The ombudsman did not investigate the decision, first taken in 1995, to equalise the state pension age nor to accelerate the increases. There are different views about the raising of the state pension age and about the decision of the coalition Government in 2011 to accelerate equalisation and the rise to the age of 66. However, that is not the subject of the ombudsman’s decision. What the ombudsman investigated is how the change in state pension age was communicated to the women affected and whether, within a specific and narrow time period, there was maladministration and injustice, and if so, whether it warrants compensation. The ombudsman concluded that the department’s communications met expected standards between 1995 and 2004. However, it found that between 2005 and 2007 there was a 28-month delay in the DWP sending personalised letters to the women affected. The ombudsman found that this was maladministration. We accept that those individual letters could have been sent earlier and the Secretary of State has apologised for that. We also agree with the ombudsman that the women did not suffer any direct financial loss from the delay.
The question is about the impact of the delay in sending those letters. However, the evidence taken as a whole, including that from 2007, suggests that the majority of 1950s-born women would not have read and recalled the contents of an unsolicited pensions letter, even if it had been sent earlier. Further, the evidence also suggests that those less knowledgeable about pensions, the very women who most needed to engage with a letter and where it might have made a difference, were least likely to read it. An earlier letter would therefore have been unlikely to make a difference to what the majority of women knew about their own state pension age. Indeed, the 2007 report concluded that automatic pension forecast letters had only a negligible impact on pensions knowledge and planning and the department stopped sending them.
The evidence also shows that the vast majority of 1950s-born women already knew that the state pension age was increasing thanks to a wide range of public information, including in leaflets, through education campaigns, in GP surgeries, on TV and radio, in cinemas and online.
To compensate specifically only those women who suffered injustice would require a scheme that could reliably verify the individual circumstances of millions of women. That includes whether someone genuinely did not know the state pension age was changing and whether they would have read and remembered a letter from many years ago and acted differently. It would not be practical to set up a compensation scheme to assess conclusively the answers to those questions.
The alternative might be to introduce a targeted scheme, which we considered could possibly allow people to self-certify, but that could not be done in a way that was fair and represents value for money. Even if we asked women to self-certify that they experienced injustice, we would have no way of verifying it. As for a flat-rate scheme, it would cost up to £10.3 billion and would simply not be right or fair, given that it would be paid to the vast majority who were aware of the changes.
I fully recognise the strength of feeling on this issue. Many women born in the 1950s have experienced significant disadvantage, not least in the labour market. We will continue working towards equality for women in the workplace now and in future, and ensure that those with lower pension outcomes due to the inequalities they have faced in the past receive the right support. We are delivering support to low-income pensioners and pensioners more broadly by increasing the rate of the state pension, supporting the poorest through pension credit, and investing more money in the NHS to reduce waiting lists and to strengthen vital services.
For example, as the noble Baroness, Lady Stedman-Scott, mentioned, our pension credit take-up campaign has been promoted to eligible pensioners and their friends and family. That is having a good effect and I would be very happy to talk more on that if noble Lords are interested. We are seeing significant numbers of increases in claims and awards, which is really helpful.
I turn to a couple of the other specific points that were mentioned. The noble Baroness challenged us as to why Labour in opposition took a different view. I will just say two things to her. The first is that she will appreciate, having been both in opposition and in government, that there is information that one has in government that one does not have when one is in opposition. We understand that many people are unhappy with what has happened. Although she is suggesting that it is entirely Labour’s fault, I suggest to her that quite a bit of the anger is about the rise in the state pension age and, in particular, the decision of the coalition Government to accelerate that in 2011, which meant a significant number of women finding that their state pension age went back more quickly than they had expected.
This decision is not about that; we need to separate the two things. We considered the ombudsman’s report very carefully, not just once but twice, and gave it due and proper process, including the information that Ministers were not able to see before they were in government. We concluded that it is right to apologise for the maladministration, but we believe that the decision we have taken on remedy and compensation is the right one.
In response to the noble Lord, Lord Palmer, that is the reason we made the decision. We accepted the ombudsman’s finding of maladministration. We did not accept the ombudsman’s approach to injustice for the reasons that I have explained about the impact of the not sending of those letters. The finding was narrowly about a 28-month delay. Because the evidence suggests that the majority of women were aware that the state pension age was changing, we do not accept that it is possible, on that basis, to construct a compensation scheme that would be targeted at those who experienced injustice.
The noble Lord, Lord Palmer, challenged me about the ombudsman. The ombudsman did their job, and the findings were fully and properly considered, but decisions on a compensation scheme of this scale are properly for Ministers and the Government to take. That is the case and, indeed, always will be.
This is a challenging issue, but it was right for the Secretary of State to review the evidence and to reach a decision based on due process and on the body of evidence. Looking forward to the future, we are taking important steps to support women in retirement to make sure that things like this do not happen again and to help them to build a better life for themselves and their families.