A comprehensive investigation by the Parliamentary and Health Service Ombudsman has found that thousands of women may have been affected by DWP’s failure to adequately inform them that the State Pension age had changed.  

The 1995 Pensions Act and subsequent legislation raised the State Pension age for women born on or after 6 April 1950. We investigated complaints that, since 1995, DWP has failed to provide accurate, adequate and timely information about areas of State Pension reform. 

We published stage one of our investigation in July 2021. Our investigation found failings in the way DWP communicated changes to women’s State Pension age. 

This final report combines stages two and three of our investigation. It both considers the injustice resulting from the maladministration we identified during stage one and also sets out our thinking about remedy. 

To date, DWP has not acknowledged its failings nor put things right for those women affected. DWP has also failed to offer any apology or explanation for its failings and has indicated it will not compensate women affected by its failure. 

DWP’s handling of the changes meant some women lost opportunities to make informed decisions about their finances. It diminished their sense of personal autonomy and financial control. 

PHSO Chief Executive Rebecca Hilsenrath, said:  

“The UK’s national Ombudsman has made a finding of failings by DWP in this case and has ruled that the women affected are owed compensation. DWP has clearly indicated that it will refuse to comply. This is unacceptable. The Department must do the right thing and it must be held to account for failure to do so.   

“Complainants should not have to wait and see whether DWP will take action to rectify its failings. Given the significant concerns we have that it will fail to act on our findings and given the need to make things right for the affected women as soon as possible, we have proactively asked Parliament to intervene and hold the Department to account.

“Parliament now needs to act swiftly, and make sure a compensation scheme is established. We think this will provide women with the quickest route to remedy.”   

The investigation has been complex and involved analysing thousands of pages of evidence. On a number of occasions, parties were allowed additional time to consider and comment on our views. We also agreed last year to look again at part of our stage two findings following a legal challenge. All of this resulted to delays in the final report. 

The report has been laid before Parliament, with a request that it looks at our findings and intervenes to agree a remedy for the women affected. While Parliament will make its own decisions about rectifying the injustice, we have shared what we consider to be an appropriate remedy. In addition to paying compensation, we have made it clear that DWP should acknowledge its failings and apologise for the impact it has had on complainants and others similarly affected. 

The Ombudsman has received a series of complaints relating to how well DWP has communicated a variety of State Pension reforms. Concerns about communication of changes to the State Pension age constitute only one such area of complaint. The Department has also declined to act on other issues that have been consistently highlighted in complaints. A report from the Ombudsman later in the year will set these out. 

A Bromsgrove care home cannot show it has complied with recommendations from the Local Government and Social Care Ombudsman – forcing the Ombudsman to publish a rare critical notice.

It follows a complaint a family made about Wayside Care Ltd, that runs the Wayside Nursing Home in New Road, which charged them for 28 days’ care after their father passed away. This is despite the Competition and Markets Authority (CMA)’s guidelines stating providers should only charge families for up to three days.

Following an investigation in 2023, the Ombudsman asked the care home to refund the father’s estate for the extra days charged. It also asked the company to review its contract to ensure it is in line with CMA guidance.

The care provider agreed to the Ombudsman’s recommendations; however, it has failed to provide evidence that it has in fact carried them out, despite the Ombudsman chasing for the information.

The Ombudsman has issued an Adverse Findings Notice against the provider which puts on record their failure to comply. The Ombudsman will share its findings with care regulator, the Care Quality Commission (CQC).

Ms Amerdeep Somal, Local Government and Social Care Ombudsman said:

“It is simply not good enough for providers to agree to comply with our recommendations and then fail to produce evidence they have done so. We check to confirm compliance when we find fault.

“I am particularly disappointed that this care provider agreed to refund this family but has then said it will seek to recoup this cost by enforcing late fees it had previously waived.

“I am concerned this provider’s contemptible attitude, both to my office and the family, does not demonstrate a mature and customer-focused approach to improving its services for residents.”

Following the initial complaint, the provider was asked to apologise to the family and refund the man’s estate any money paid towards care costs from three days after his death.

It should also review its current contract to ensure it is in line with the CMA’s guidance on charges after a person has died.

Article date: 21 March 2024

In this month’s edition of the Ombudsman’s findings, we highlight the need for clear and consistent communication.

This month we published decision reports from 18 complaints investigated by the Ombudsman. Fourteen of these were about health services, one about health and social care and three about local government. The outcome of these 18 complaints were

• Fully upheld: 9
• Some upheld: 3
• Not upheld: 6

Recommendations and feedback 

We made 61 recommendations to public bodies. Thirty-three of these were about steps public bodies could take to learn and improve from the complaint. A further 11 recommendations were about how complaints handling could be improved.

A common theme of these recommendations was the need for clear and consistent communication between public sector organisations and they people they serve. It is important people know what to expect, and are kept informed of any delays or changes to their service. Discussions between healthcare providers and patients are especially important. Patients should be aware of all the risks associated with their treatment, including the risk of declining any care.

We also a highlight a case where an individual experienced a loss of income due to the actions of a public body. We asked the public body to reimburse the individual, returning them to the position they would have been in had the failure not occurred. Our Redress Policy sets out our approach to resolving a complaint or request through recommendations for redress.
 

All our published decision reports can be read in full on our website.

Ombudsman Margaret Kelly has called for patients to be given a central role in shaping safety protocols within Northern Ireland's health service.

Speaking yesterday at a conference on patient safety, Ms Kelly asked the Department of Health to take the lead in creating a comprehensive framework that empowers patients and fosters a culture of safety and accountability.

With a keynote address from Sir Robert Francis KC (Chair of the Mid-Staffordshire NHS Foundation Trust inquiries, 2010 and 2013), the conference brought together a range of voices and expertise to explore potential strategies and approaches to improving patient safety and public trust in our health and social care system.

Ms Kelly stated:

‘Complaints, patient feedback, and raising concerns have proven to be a reliable indicator of safety issues.   

Patients must be central to any solutions to improve patient safety. Our investigation work highlights a culture that is sometimes defensive rather than open with patients, and which does not always use complaints as an opportunity to learn and prevent future harm. 

We hope this conference will mark a step towards ensuring that patient perspectives are not only heard but actively incorporated into the fabric of healthcare policies and practices.

A Patient Safety Strategy setting out how our health system is prioritising safety and involving patients in the process would provide reassurance and help build public trust in a health system that is committed to being patient centred.’

A report from the conference will be published in the near future.

Document

Conference Programme (17.59 MB, pdf)

Royal Borough of Kensington and Chelsea did not recognise the abuse a homeless man said he suffered because it did not consider the alleged perpetrator a ‘relative’.

The Local Government and Social Care Ombudsman has asked the council to apologise to the man for not recognising he was personally connected to his alleged abuser as well as to train its staff to avoid the issue happening again.

The man complained to the Ombudsman after the council left him sleeping rough when he fled the home he shared with his sibling and their spouse.

The council wrongly did not offer the man interim accommodation as he said he was staying with a friend. It failed to check how long he could stay there and whether it was settled accommodation. It took the council 11 weeks to tell the man it had accepted it had a duty to help prevent his homelessness with a Personalised Housing Plan (PHP).

Ms Amerdeep Somal said:

“The council’s delays in confirming what duty it owed the man, coupled with not recognising the alleged abuse he suffered, can only have caused him uncertainty and distress at a time of crisis

“During our investigation the council told us it has a significant backlog of cases requiring a Personalised Housing Plan. This is not good enough. These are important documents, required by law, which explain what the council will do, and what people themselves can do, to help prevent or relieve their homelessness – delays in providing them creates a real injustice to people at a vulnerable time in their lives.

“I welcome the action the council has told us it is taking to improve how it deals with people fleeing domestic abuse and the moves it is making to address the backlog in issuing PHPs. I have asked the council to report on this backlog to a relevant committee every quarter to ensure this is not left to drift.”

The Local Government and Social Care Ombudsman remedies injustice and shares learning from investigations to help improve public, and adult social care, services. In this case the council has agreed to apologise to the man and pay him a symbolic payment of £300 to recognise the distress and uncertainty caused. It will also review the homelessness duty owed to the man, notify him of the decision and his rights to seek a review.

The Ombudsman has the power to make recommendations to improve processes for the wider public. In this case the council has agreed to send written apologies to applicants affected by the delays in issuing PHPs and draw up an action plan for reducing the number of people waiting.

It will also ensure officers are aware of the legal definition of ‘personally connected’ and ‘relatives’.

Article date: 14 March 2024