FOI-03111

Thank you for your request for information about the following: 

##Request 

<p><i>‘I would like to receive copies of:</i></p>

<p><i>Internal guidance, policy notes, or decision frameworks used by NHSBSA staff in handling applications for remedy period buy-back of opted-out service (2015–2022).</i></p>

<p><i>Internal guidance, policy notes, or decision frameworks relating to the management and cancellation/reinstatement of Added Years contracts (1995 Section and 2008 Section).</i></p>

<p><i>Any published or internal staff training materials explaining how buy-back and Added Years cases should be processed following the McCloud Remedy.</i></p>

<p><i>I am content to receive this information in electronic form.’</i></p>

The NHS Business Services Authority (NHSBSA) received your request on 26 August 2025. 

We have handled your request under the Freedom of Information Act 2000 (FOIA). 

##Our response 

I can confirm that the NHSBSA holds the information you have requested, and a copy of the following process guides as held on 26 August 2025 are attached: 

McCloud -Contingent decisions opt out buy back process guide- 20250620- (V2) 

McCloud- New added years and additional pension contingent decisions process guide – 20250604-(V2) 

Some information has been redacted where the information would identify a member of staff. The bank account details for the NHSBSA have also been redacted. Further details of the applicable exemptions to disclosure are given below. 

Please be advised that additional information regarding the member facing instructions for service buy back (opt-outs) and added years (other contingent decisions) can be found our website at: https://www.nhsbsa.nhs.uk/public-service-pensions-remedy-mccloud/contingent-decisions 

This includes the approximate cost calculator (for opt-outs) and an instalment calculator. 

##Redacted information 

##Personal information of NHSBSA staff 

This information is exempt under section 40(2) of the FOIA (personal information), if disclosure would contravene any of the data protection principles.  

In order for disclosure to comply with the lawfulness, fairness, and transparency principle, we either need the consent of the data subject(s) or there must be a legitimate interest in disclosure. In addition, the disclosure must be necessary to meet the legitimate interest and finally, the disclosure must not cause unwarranted harm. 

As we do not have the consent of the data subject(s), the NHSBSA is therefore required to conduct a balancing exercise between legitimate interest of the applicant in disclosure against the rights and freedoms of the data subject(s).  

The NHSBSA acknowledges that you have a legitimate interest in disclosure of the information in order to provide the full picture of the requested data held by the NHSBSA; however, we have concluded that disclosure of the requested information would cause unwarranted harm and therefore, section 40(2) is engaged. This is because there is a reasonable expectation that personal information of NHSBSA staff remains confidential.  

Please see the following link to view the section 40 exemption in full - https://www.legislation.gov.uk/ukpga/2000/36/section/40  

##Bank Account Details 

This information is exempt under section 31(1)(a) of the FOIA (law enforcement) as disclosure would prejudice the prevention or detection of crime.   

Disclosure of NHSBSA bank account information would expose the NHSBSA to risks such as: 

Financial fraud or attempted unauthorised transactions 

Phishing or social engineering attacks 

Misuse of public funds 

Section 31 is subject to the public interest test. This means that not only does the information have to prejudice one of the purposes listed, but before the information can be withheld, the public interest in preventing that prejudice must outweigh the public interest in disclosure.   

##Public Interest Test:  

##Considerations in favour of disclosure:  

Public interest in transparency and accountability 

##Considerations against disclosure:  

Public interest in protecting public funds. 

Disclosure would significantly increase the risk of fraud.  

Public interest in maintaining the integrity and security of the NHSBSA.  

##Conclusion:  

The NHSBSA recognises that there is a public interest in disclosure of the information to promote transparency and accountability, however, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Disclosure would not enhance public understanding of the documents, but would significantly increase the risk of fraud and the integrity and security of the NHSBSA. 

Please see the following link to view the section 31 exemption in full - https://www.legislation.gov.uk/ukpga/2000/36/section/31  

##Data Queries 

Please contact <a href=mailto:foirequests@nhsbsa.nhs.uk>foirequests@nhsbsa.nhs.uk</a> ensuring you quote the above reference if you have any specific questions regarding this response; or, if you feel you may be misunderstanding or misinterpreting the information; or, if you plan on publishing the data. 

##Reusing the data and copyright 

If you plan on producing a press or broadcast story based upon the data please contact <a href=mailto:communicationsteam@nhsbsa.nhs.uk>communicationsteam@nhsbsa.nhs.uk</a>. This is important to ensure that the figures are not misunderstood or misrepresented. 

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at: 

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/  

Should you wish to re-use the information you must include the following statement: “NHSBSA Copyright 2025”. Failure to do so is a breach of the terms of the licence. 

Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information. 

Tags: Added Years, McCloud, NHS Pension Scheme, NHS Pensions, Pensions
Organization: Freedom of Information Disclosure Log