FOI-03141

Thank you for your request for information about the following: 

<b>Request</b><br><br>

You asked us:<br><br>

<i>Under the Freedom of Information Act 2000, please provide copies of any internal guidance, desk instructions, or training materials used by NHSBSA staff when handling:</i><br><br>

<i>Applications to reinstate remedy-period service under the McCloud judgment (“opt-out buy-back” cases).</i><br><br>

<i>Reinstatement or continuation of Added Years or Additional Pension contracts affected by the remedy.</i><br><br>

<i>Practitioner-specific cases involving annualisation, GP SOLO income, or locum contributions.</i><br><br>

<i>Escalated “contingent decision” cases, including protocols for calculating costs, applying interest, and issuing Remediable Service Statements.</i><br><br>

<i>If full disclosure is not possible, please supply:</i><br><br>

<i>Document titles, dates, and reference numbers;</i><br><br>

<i>A summary of their contents;</i><br><br>

<i>Any exemptions relied upon.</i><br><br>

<i>This request is for policy and process documentation only — I am not seeking personal data.</i><br><br>

The NHS Business Services Authority (NHSBSA) received your request on 1 September 2025.<br><br>

We have handled your request under the Freedom of Information Act (FOIA) 2000.<br><br>

<b>Our response</b><br><br>

<b>Questions 1 and 2</b><br><br>

Under Section 21 of the FOIA we are not required to provide information in response to a request if it is already reasonably accessible to you.<br><br>

The information you requested is available from <a href="https://opendata.nhsbsa.net/dataset/foi-03111">FOI-03111 - Datasets - Open Data Portal</a><br><br>

Please see the following link to view the section 21 in full - <a href="https://www.legislation.gov.uk/ukpga/2000/36/section/21">https://www.legislation.gov.uk/ukpga/2000/36/section/21</a><br><br>

<b>Question 3</b><br><br>

Following a search of our paper and electronic records, I have established that the NHSBSA does not hold the requested documentation. This is because practitioner requests are calculated on a case by case basis by the Technical Consultancy Team (TCT). Annualisation does not apply to buy back costs as the reinstated service is in the legacy scheme.<br><br>

<b>Question 4</b><br><br>

Following a search of our paper and electronic records, I have established that the NHSBSA does not hold the requested documentation. This is because escalated contingent decisions (not related to service buy back, added years or additional pension) are referred for an individual decision to TCT. Any costs and interest would be calculated as per the McCloud regulations.<br><br>

##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” This information is licenced under the terms of the Open Government Licence:<br>
http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

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: McCloud Remedy service, NHS Pension Scheme
Organization: Freedom of Information Disclosure Log