British Steel Pension Scheme
Public Accounts Committee
Closed
Inquiry
When the British Steel Pension Scheme (BSPS) was restructured in 2017, its members were given a set of options for what to do with their pension “pot”, including transferring their funds out of the pension scheme altogether. Around 7,700 members, many of whom received independent financial advice to inform their …
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5
Recommendations
18
Conclusions
1
Report
2
Oral sessions
1
Letter
2
Events
Activity timeline 5 events
14 Oct
2022
2022
21 Jul
2022
2022
13 Jun
2022
2022
Oral evidence
23 May
2022
2022
27 Apr
2022
2022
Oral evidence
Oral evidence sessions 2 sessions
13 Jun 2022
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British Steel Pensions Scheme; Regulation after EU Exit
Andrew Bailey · Bank of England
Emily Miles · Department for Environment Food and Rural Affairs
Michael Grenfell · Competition and Markets Authority
Sarah Albon · Health and Safety Executive
27 Apr 2022
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British Steel Pension Scheme
Caroline Rainbird · Financial Services Compensation Scheme (FSCS)
Nausicaa Delfas · Financial Ombudsmen Service
Nikhil Rathi · Financial Conduct Authority
Philippa Hann · Clarke Willmott LLP
Rich Caddy · British Steel Pension Scheme
Sheldon Mills · Financial Conduct Authority
Tim Fassam · Personal Investment Management and Financial Advice Association (PIMFA)
Reports 1 report · click to expand
| Title | HC No. | Published | Items | Response |
|---|---|---|---|---|
| Fourteenth Report - Investigation into the British Steel Pension… | HC 251 | 21 Jul 2022 | 23 | Response document linked |
Recommendations & Conclusions
23 results
2
Recommendation
Fourteenth Report - Investigation …
The Financial Conduct Authority has consistently been behind the curve in responding to the catastrophic...
The Financial Conduct Authority has consistently been behind the curve in responding to the catastrophic impact on British Steel Pension Scheme members. The FCA has been slow to respond at all stages of the BSPS case, for example it failed …
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HM Treasury
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3
Recommendation
Fourteenth Report - Investigation …
The Financial Conduct Authority has not been sufficiently proactive or timely in using its enforcement...
The Financial Conduct Authority has not been sufficiently proactive or timely in using its enforcement powers. To date, the FCA has issued one fine in response to the BSPS case, and while it has 30 more enforcement actions in place, …
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HM Treasury
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4
Recommendation
Fourteenth Report - Investigation …
The way that compensation has been provided in the British Steel Pension Scheme case has...
The way that compensation has been provided in the British Steel Pension Scheme case has been slow and unfair. BSPS members face significant delays in receiving compensation. Complaints made to the Financial Ombudsman Service take on average eight months to …
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HM Treasury
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5
Recommendation
Fourteenth Report - Investigation …
Seven years after the Pensions Schemes Act, regulated bodies are still not clear on the...
Seven years after the Pensions Schemes Act, regulated bodies are still not clear on the Financial Conduct Authority’s expectations for consumer protection. The 2015 Pensions Schemes Act provided consumers with greater flexibility for Investigation into the British Steel Pension Scheme …
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HM Treasury
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6
Recommendation
Fourteenth Report - Investigation …
The current compensation arrangements do not always protect consumers, can create wider costs to firms...
The current compensation arrangements do not always protect consumers, can create wider costs to firms and may not have the capacity to cope with future risks in the advice market. The standard approach to redress relies on consumers seeking compensation …
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HM Treasury
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1
Conclusion
Fourteenth Report - Investigation …
On the basis of a report by the Comptroller and Auditor General, on 27 April...
On the basis of a report by the Comptroller and Auditor General, on 27 April 2022 we took evidence from the Financial Conduct Authority (FCA), the Financial Ombudsman Service (FOS) and the Financial Services Compensation Scheme (FSCS) on the British …
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HM Treasury
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7
Conclusion
Fourteenth Report - Investigation …
The impact on members has been catastrophic, both financially and emotionally.15 Alongside losses caused by...
The impact on members has been catastrophic, both financially and emotionally.15 Alongside losses caused by unsuitable advice to transfer, many members face ongoing advice charges to manage their remining pension savings.16 The FCA is unaware of the total financial loss …
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HM Treasury
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8
Conclusion
Fourteenth Report - Investigation …
The FCA failed to take swift and effective action at all stages of the BSPS...
The FCA failed to take swift and effective action at all stages of the BSPS case. It first became aware of the risks of unsuitable transfer advice in 2015 after the introduction of the Pensions Schemes Act but failed to …
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HM Treasury
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9
Conclusion
Fourteenth Report - Investigation …
The former Chief Executive of the FCA told us that, as the BSPS case unfolded,...
The former Chief Executive of the FCA told us that, as the BSPS case unfolded, the FCA did not have the data to tell it which firms had provided advice to members and found it difficult accessing this information when …
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HM Treasury
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10
Conclusion
Fourteenth Report - Investigation …
In response to the BSPS case, the FCA had to gather further evidence to understand...
In response to the BSPS case, the FCA had to gather further evidence to understand the scale of the problem and in June 2018, out of a sample of 192 files, it found that 47% of transfer recommendations were unsuitable.25 …
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HM Treasury
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11
Conclusion
Fourteenth Report - Investigation …
The FCA implemented ineffective regulatory interventions in its initial response to the BSPS case.
The FCA implemented ineffective regulatory interventions in its initial response to the BSPS case. For example, the FCA issued letters to advice firms reminding them of their obligations to provide advice that is in consumers’ best interests, showing its naivety …
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HM Treasury
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12
Conclusion
Fourteenth Report - Investigation …
To date, the FCA has only issued one fine in response to the BSPS case.36...
To date, the FCA has only issued one fine in response to the BSPS case.36 It told us that it is working on a further 30 enforcement cases, but despite working as “swiftly 22 Qq 37, 38 (27 April) 23 …
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HM Treasury
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13
Conclusion
Fourteenth Report - Investigation …
Alongside the unsuitable advice provided by firms, there have been other issues of non-compliance within...
Alongside the unsuitable advice provided by firms, there have been other issues of non-compliance within the BSPS case, including unregulated introducers and phoenixing. The FCA has identified that in 30% of BSPS cases members were introduced to their adviser by …
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HM Treasury
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14
Conclusion
Fourteenth Report - Investigation …
The FCA oversees the consumer redress process which intends to put consumers back into the...
The FCA oversees the consumer redress process which intends to put consumers back into the financial position they would have been in if unsuitable advice had not been given.45 Consumers must raise complaints directly with advice firms or the FOS …
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HM Treasury
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15
Conclusion
Fourteenth Report - Investigation …
The FCA provides guidance on how compensation should be calculated and sets the rules for...
The FCA provides guidance on how compensation should be calculated and sets the rules for how compensation is delivered. Calculations use complex financial assumptions which are updated every three months in accordance with market performance, and therefore are subject to …
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HM Treasury
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16
Conclusion
Fourteenth Report - Investigation …
Many BSPS members have not received the full amount of compensation owed to them due...
Many BSPS members have not received the full amount of compensation owed to them due their advisers being unable to pay compensation. The FCA imposes limits on the compensation awarded by both FOS and FSCS, and the FSCS’s compensation limits …
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HM Treasury
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17
Conclusion
Fourteenth Report - Investigation …
The FCA and redress organisations worked to engage with and encourage BSPS members to seek...
The FCA and redress organisations worked to engage with and encourage BSPS members to seek compensation through direct letters and in-person events.54 Despite these efforts only 25% of all members who received unsuitable advice have raised claims with redress organisations, …
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HM Treasury
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18
Conclusion
Fourteenth Report - Investigation …
The FCA’s response to the BSPS case highlights wider issues within its regulatory approach.
The FCA’s response to the BSPS case highlights wider issues within its regulatory approach. Alongside the estimated 369 firms and advisers that provided unsuitable advice to BSPS members, the FCA found that 17% of DB transfer advice was unsuitable within …
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HM Treasury
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19
Conclusion
Fourteenth Report - Investigation …
There is a fundamental misalignment between legislation and regulation of the DB pensions advice market,...
There is a fundamental misalignment between legislation and regulation of the DB pensions advice market, which has caused confusion over the suitability of transfer advice.60 The 2015 Pensions Schemes Act introduced by HM Treasury was intended to provide greater freedom …
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HM Treasury
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20
Conclusion
Fourteenth Report - Investigation …
In direct response to the 2015 Act, the FCA announced a new starting position for...
In direct response to the 2015 Act, the FCA announced a new starting position for advisers who should assume that in most cases a transfer will be unsuitable.63 Subsequently in 2017, the FCA sought to align itself with the government’s …
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HM Treasury
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21
Conclusion
Fourteenth Report - Investigation …
There are also wider uncertainties within the advice market, including the provision of Professional Indemnity...
There are also wider uncertainties within the advice market, including the provision of Professional Indemnity Insurance (PII). PIMFA told us that the availability of PII has become severely limited because insurers are struggling to accurately predict the risk of 58 …
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HM Treasury
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22
Conclusion
Fourteenth Report - Investigation …
The standard complaints-based approach to redress, which relies on consumers seeking compensation themselves, has proved...
The standard complaints-based approach to redress, which relies on consumers seeking compensation themselves, has proved ineffective in the BSPS case. Only 25% of members who received unsuitable advice have raised a claim with redress organisations.69 The FCA told us that …
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HM Treasury
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23
Conclusion
Fourteenth Report - Investigation …
Redress arrangements also impact on the wider pension’s advice market.
Redress arrangements also impact on the wider pension’s advice market. Firms should have PII cover to afford the cost of compensation, and whilst firms had cover when they provided advice, many are unable to access insurance for subsequent years.72 This …
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HM Treasury
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Correspondence 1 letter
23 May 2022
Correspondence from Nikhil Rathi, Chief Executive, FCA – Financial Conduct Authority, re 27 April - British Steel Pensions Scheme (BSPS) session, dated 18 May 2022
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