Recommendation 15

PHSO described to us the gaps in its remit which prevent it from providing pension scheme members with a route to appeal in this case or in similar situations. PHSO explained that its jurisdiction only allows it to investigate GAD on a very specific point about insurance companies during a defined period of time, following an amendment to its legislation that allowed it to investigate the Equitable Life pensions case. Apart from this, Schedule 3 of PHSO’s legislation prevents it from looking into personnel and superannuation matters which means it cannot examine information of the type that GAD provided in 1996. An amendment would be needed to the legislation for PHSO to able to look into the AEAT case or similar issues and have powers to make recommendations to government.31