DSS comments on the individual complaints
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DSS comments on the individual complaints
25. In May 1999 in her comments to me on the individual complaints I proposed to investigate the Permanent Secretary of DSS accepted that it was clear that departmental leaflets produced in 1987 had contained incorrect and incomplete information about the changes to SERPS and had not been corrected until 1996. She readily accepted that that should not have happened. The Permanent Secretary said that because the changes to the inheritance rules had yet to come into effect there was no question up to that point of individuals having already suffered financial loss. However, she said that Ministers were considering the whole issue.
26. The Permanent Secretary also sent me a detailed briefing note which said that extensive searches of departmental files had already been carried out at the department's records office, but that no papers had been found relating either to publicity or to the reasons for lack of publicity in the period following the enactment of the 1986 Act, insofar as the changes to the inheritance provisions of SERPS were concerned. (In the event some material was found in the course of my investigation and I have drawn on it, particularly in paragraphs 11 and 12.)
27. The Permanent Secretary's briefing note also said that in the light of pressure group and press interest in Autumn 1998, investigations had been carried out which had shown that the majority of DSS staff had been unaware of the impending changes to the SERPS inheritance provisions and had therefore been giving out advice based only on the then current position. A bulletin had been issued on 12 January 1999 to staff in districts and at the pensions and overseas benefits directorate describing the future changes to inherited SERPS (paragraph 18). Further bulletins had been issued on 23 February, 15 March, and 18 March. On 18 March BA had commissioned a review of all their leaflets to ensure their accuracy. The review was said to be focusing particular attention on whether leaflets accurately reflected changes already enshrined in legislation but with deferred implementation dates. On 6 April the Chief Executive of BA had written to BA's directors of field operations seeking their assurance that all staff were at that stage giving correct advice on the subject of inheritable SERPS. BA were said to be satisfied that staff were now in a position to give correct advice on the future SERPS position of any customer who made an enquiry.
28. The briefing note contained an assurance that the then current position was that BA were routinely involved in the development of policy, and that policy changes were being managed using project management principles. Key players from all areas of DSS were said to be involved; and issues such as staff training and publicity were being picked up and dealt with.
29. The briefing note said that about 3,000 members of the public had contacted DSS by that stage in the belief that they had previously been incorrectly advised as to their spouses' potential entitlements. BA were said to be recording the names and addresses of enquirers who were asking for additional information or who were unhappy about advice previously received.
