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<p>This government and the various other bodies are acting no differently to all previous
governments subject to a legal challenge on such an issue.</p><p> </p><p>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.</p><p> </p><p>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.</p><p> </p><p>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.</p><p> </p><p>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.</p><p> </p><p>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).</p><table><tbody><tr><td><p><strong>Reason for complaint closure</strong></p></td><td><p><strong>Number
</strong></p></td></tr><tr><td><p>(a) Independent Case Examiner investigation report
issued</p></td><td><p>192</p></td></tr><tr><td><p>(b) Rejected (the complaint failed
to meet the Independent Case Examiner acceptance criteria)</p></td><td><p>1,598</p></td></tr><tr><td><p>(c)
Withdrawn by complainant</p></td><td><p>1</p></td></tr><tr><td><p>(d) Closed following
the High Court decision to grant permission for a judicial review of the Department’s
handling of the change to women’s State Pension age – it is not within the Independent
Case Examiner remit to consider issues which are, or have been, subject to legal proceedings.</p></td><td><p>2,505</p></td></tr></tbody></table><p>
</p><p>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.</p><p> </p><p>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.</p>
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