FOI reference - FOI-223
Date - 9 February 2024
Request
You have requested the following information about PARC (Essex):
- What are the actions that TPR considers appropriate and have they been done yet?
- What was PARC's response to these actions?
- Have PARC been fined and have they paid these fines?
- How will this ever be bought to a close as there seems little point in them being reported month after month and us receiving letters from Nest if this is just going to continue indefinitely?
Response
Duty to confirm or deny whether we hold the information requested
We neither confirm nor deny that we hold information falling within the description specified in your request.
We are unable to advise you of any action we may have taken against PARC (Essex). We are not able to inform you of any case or operational investigation under way (including whether one is or was conducted) due to legal reasons. Specifically, the circumstances of this individual case amount to restricted information under section 82 of the Pensions Act 2004 (PA04). Restricted information is defined as 'any information obtained by the Regulator in the exercise of its functions which relates to the business or other affairs of any person'. It is a criminal offence to disclose restricted information, except as permitted further under s82 of the PA04, but none of the criteria apply in your case.
Exemptions to the duty to release information
TPR has been given powers to demand documents and information from trustees, employers and others, but those powers are balanced by restrictions as to whether we may disclose the information provided to us.
Whilst the FoIA is based on a presumption of releasing information, section 44(1)(a) of the FoIA provides a further and absolute exemption to the requirement to disclose any information, if its disclosure is prohibited by or under any (other) enactment. In this case, section 82 of the PA04 prohibits disclosure and we are further unable to disclose the requested information. This exemption is absolute and does not require a public interest assessment be undertaken.
Conclusion
We do understand your frustration, as you inform us that you continue to have your former employer reported for missing or late contributions, long after they may have ceased trading. I have been assured by the relevant team that we will raise this when our representatives next meet routinely with NEST.