The Pensions Regulator (TPR) has been urged to ensure that its proposed enforcement strategy is "balanced and fair across all schemes", after the Association of Member Nominated Trustees (AMNT) raised several key concerns around the current proposals. 

The AMNT's response to TPR's consultation confirmed that the group broadly agrees with the direction toward earlier, proportionate, and risk-based enforcement, as well as the plans for transparency, collaboration, and a focus on preventing member harm.

It also said that a prudential, outcome-based approach would be welcomed in principle.

However, it emphasised that this must remain aligned with trustees’ fiduciary duties under trust law, encouraging TPR to define a prudential approach and to ensure the term is applied appropriately within occupational pensions, avoiding duplication.

And this was not the only potential concern, as the AMNT also highlighted issues around the current terminology and focus of the strategy, arguing that the consistent use of “savers” instead of “members” reflects a defined contribution (DC)-centric bias. 

Given this, the AMNT urged TPR to adopt inclusive terminology applicable to both defined benefit (DB) and DC schemes, and to differentiate DB and DC priorities.

Proportionality was also a key concern, as the AMNT warned that smaller schemes and volunteer trustees could struggle to cope with the same administrative and regulatory burdens as large, well-funded schemes, stressing that enforcement must be proportionate and supported by accessible guidance.

To help further, it also encouraged TPR to provide guidance and improvement plans for smaller schemes before formal enforcement.

In addition to this, the AMNT warned that references to “long-term economic resilience” risk conflating TPR’s regulatory role with wider economic policy aims, arguing that the enforcement strategy should instead focus squarely on member outcomes.

The AMNT also argued that the proposed enforcement strategy, as currently drafted, lacks sufficient detail on decision-making, prioritisation, escalation processes, and coordination between TPR and other regulators.

This adds to growing calls for the regulator to provide further clarity on its plans, with concerns around the potential unintended consequences previously highlighted by the Society of Pension Professionals.

In addition to this, the AMNT argued that the current strategy underplays the legal and fiduciary framework governing trustees, warning that enforcement must recognise the distinction between technical non-compliance and genuine misconduct.

It also suggested that trustees may hesitate to self-report if early engagement automatically leads to enforcement, encouraging TPR to introduce safeguards and provide further clarity on how self-reporting will be handled.

AMNT committee member, Lewis Brown, said: "The Association of Member Nominated Trustees (AMNT) supports TPR’s ambition to act earlier, intervene proportionately and base enforcement on the risk and harm to scheme members. 

"However, we have several key concerns and provided recommendations to ensure the strategy is effective, balanced and fair across all scheme types.

"To ensure that the process is carried forward with sufficient input from those representing members and savers, AMNT recommends forming an industry working group representing both DB and DC trustees to advise TPR on future policy development."  

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