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Making workplace pensions work

Transitional Protection (McCloud Remedy) cases within the Teachers Pension Scheme

FOI reference - FOI-446

Date - 9 January 2026

Request

Please provide the following information relating to the administration of Transitional Protection (McCloud Remedy) cases within the Teachers’ Pension Scheme:

  1. The total number of McCloud Remedy / Transitional Protection cases currently outstanding.
  2. The average and median processing time for completion of McCloud Remedy cases (from receipt of member election to implementation).
  3. Any published or internal service standards, targets, or KPIs for processing McCloud Remedy cases.
  4. Any internal guidance, policy documents, or briefing notes relating to the handling of delays in McCloud Remedy cases.
  5. Details of any escalation pathways available to members whose cases exceed normal processing times.
  6. The number of complaints received in the past 12 months relating to delays in McCloud Remedy processing.
  7. Any reports, board papers, or management information provided to senior leadership or the Chair concerning McCloud Remedy backlogs or delays.

Response

  1. We neither confirm nor deny that we hold information falling within the description specified in your request. Whilst the FoIA is based on the presumption of releasing information, section 44(1)(a) of the FoIA1 provides an absolute exemption to the requirement to disclose any information if its disclosure is prohibited by or under any enactment. In this case, section 82 of the PA042. Please see our exemptions section below for further information.
  2. I’m afraid we do not hold this information. Please see our duty to provide advice and assistance section below.
  3. I’m afraid we do not hold this information. Please see our duty to provide advice and assistance section below.

https://www.legislation.gov.uk/ukpga/2000/36/section/44
https://www.legislation.gov.uk/ukpga/2004/35/section/82

  1. We neither confirm nor deny that we hold information falling within the description specified in your request. Whilst the FoIA is based on the presumption of releasing information, section 44(1)(a) of the FoIA provides an absolute exemption to the requirement to disclose any information if its disclosure is prohibited by or under any enactment. In this case, section 82 of the PA04. Please see our exemptions section below for further information.
  2. Members can escalate any issues they are having through the Teachers’ Pension Scheme Complaints Procedure.
    Your concern should be raised with the scheme itself. You can do so by following the these links:

    https://www.teacherspensions.co.uk/public/contact-us/member-complaints-and-appeals.aspx
    https://www.teacherspensions.co.uk/public/contact-us/member-complaints-and-appeals/what-youneed-to-do.aspx

    Alternatively, you can send your query to the address below:

    Teachers’ Pensions
    11b Lingfield Point
    Darlington
    DL1 1AX

    Please include the following:
    your full name
    your full postal address
    your email address
    your National Insurance number
    your teacher reference number

    If you are unhappy with The Teachers’ Pension Scheme response or they have not resolved the matter and you feel you would like further assistance, I would suggest contacting the Pensions Ombudsman, their role is to help resolve complaints and disputes. They can be contacted at:

    The Pensions Ombudsman
    10 South Colonnade
    Canary Wharf
    E14 4PU

    Telephone: 0800 917 4487

    Website: https://www.pensions-ombudsman.org.uk/

  3. I’m afraid we do not hold this information. Please see our duty to provide advice and assistance section below.
  4. We neither confirm nor deny that we hold information falling within the description specified in your request. Whilst the FoIA is based on the presumption of releasing information, section 44(1)(a) of the FoIA provides an absolute exemption to the requirement to disclose any information if its disclosure is prohibited by or under any enactment. In this case, section 82 of the PA04. Please see our exemptions section below for further information.

Exemptions

Section 44(1)(a) – restricted information under s82 PA04

The reason that we cannot confirm or deny that we hold the information is because disclosure of the sort of information requested is prohibited under an enactment, save in certain circumstances which do not apply here.

As we have been given strong powers to demand documents and other information from trustees, employers and others, those powers are also balanced by restrictions on how we disclose the information provided to us. The type of information you have requested would be ‘restricted information’. Restricted information is defined at section 82(4) of the Pensions Act 2004 (PA04) as:

‘…information obtained by the Regulator in the exercise of its functions which relates to the business or other affairs of any person’.

Under section 82(5) of the PA04 it is a criminal offence to disclose such information except as permitted under that Act.

Whilst the FoIA is based on the presumption of releasing information, section 44(1)(a) of the FoIA provides an absolute exemption to the requirement to disclose any information if its disclosure is prohibited by or under any enactment. In this case, section 82 of the PA04 prohibits disclosure and we are unable to disclose this sort of information. This exemption is absolute and does not require a public interest assessment be undertaken.

This should not be taken as any indication of whether or not we hold the information you requested.

Duty to provide advice and assistance

Under Section 16 of the FoIA, which imposes a duty to provide advice and assistance, we advise that for information regarding the McCloud Remedy, you should contact the Teachers’ Pension Scheme, as they hold this data. If you are struggling to get a response, you may wish to raise a formal complaint using the pension scheme’s Internal Dispute Resolution Procedure (IDRP), which is designed to address member concerns. You should follow the same steps set out in question 5 above.

Should you be a member of the Teachers' Pension Scheme yourself you may be interested in getting personal data relating to yourself. The DfE is the data controller for the data processed for the administration of the Teachers' Pension Scheme. Therefore, the DfE might be able to provide the answers to your questions if you were to make a Data Subject Access Request for copies of your personal data. You can make the request through the DfE’s contact form:

https://www.gov.uk/government/publications/requesting-your-personal-information-from-dfe

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