Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, whether as a result of the ongoing judicial review into complaints in relation to the equalisation of state pension age, women that have lodged complaints that are being processed will have their complaints (a) paused or (b) closed until the judicial review is complete.

This government and the various other bodies are acting no differently to all previous governments subject to a legal challenge on such an issue.

Following the High Court’s decision on 30 November 2018 to grant the claimants permission to proceed to a full judicial review hearing on the changes to State Pension age, the department has reviewed its handling of such complaints.

The department has concluded that the issue in the Judicial Review does impact on the ongoing complaints. Therefore, the DWP has decided to temporarily suspend action on current and future complaints on State Pension age matters until the final court decision in the judicial review. We do not think it is appropriate for the DWP to investigate a matter that is currently being considered by the High Court. An update explaining this will be added to the gov.uk website, and anyone who has an affected complaint we will notify. Matters that are unrelated to the judicial review will be progressed as normal under DWP’s complaints procedure.

This approach is consistent with the decision taken by the Parliamentary and Health Services Ombudsman. Following the decision of the High Court to grant permission for a judicial review to go ahead on the changes to State Pension age, the Parliamentary and Health Ombudsman’s office has confirmed that they will be taking no further action on current and future complaints they receive on changes to State Pension age until the court proceedings conclude.

The Independent Case Examiner provides an independent review of complaints which remain unresolved following a final response from the DWP. As such, the Independent Case Examiner has also considered its position in light of the High Court decision. The Independent Case Examiner Office has no role to play in matters which are, or have been, the subject of legal proceedings. As a result, following the High Court decision, the Independent Case Examiners’ Office took action to close all live State Pension age complaints, in line with its agreed operational parameters.

The table provides information on the number of cases closed at the Independent Case Examiner relating to State Pension age changes, and the rationale for closing them. The number rejected (b) may increase (complaints cannot currently be accepted due to the judicial review).

In the event that the High Court makes no legal determination in respect of the complaint regarding State Pension age change, the Department will review its position once more and consider lifting the suspension.

At this point the Independent Case Examiner Office could, at the request of the Department, also re-open those complaints closed as a result of the judicial review. This would be on the understanding that: (a) the matter is no longer the subject of legal proceedings and (b) there has been no legal determination on the issues which form the basis of the complaint to the Independent Case Examiner.