Ombudsman’s updated approach to McCloud complaints

TPO has published an update on its approach to McCloud complaints. TPO’s previous approach was to investigate such complaints only in limited circumstances, such as immediate detriment cases involving financial hardship where the scheme was not addressing the issue satisfactorily. That reflected the fact that the statutory remedy was still being introduced, and schemes needed time to adapt their systems and processes.

TPO now says that, with milestones in the remedy process having passed, it expects schemes to be making progress and to have an organised approach to implementation. Its developing approach is to identify suitable McCloud complaints for accelerated investigation and to issue “significant Determinations” on key issues affecting multiple members and schemes. Those Determinations are intended to guide schemes’ handling of McCloud complaints internally, although TPO will continue to investigate individual cases where necessary. TPO also emphasises the importance of member communications, proper IDRP handling, prioritising immediate detriment cases where appropriate, and engaging with tPR if extensions to statutory deadlines may be required.

The slides setting out the updated approach can be viewed here.