Ombudsmen and Tribunals: Pensions

The Parliamentary Ombudsman has rejected a complaint by a member of an underfunded scheme against the Pensions Regulator for failing to use its anti-avoidance powers

The Pensions Ombudsman has given his determination in a complaint by Mrs S Ashwell against Cambridgeshire Primary Care Trust.

The Pensions Ombudsman has given his determination in a complaint by Mr A S Barnett against the trustee of the Allianz Retirement & Death Benefits Fund, Teachers' Pensions and the Department of Children, Schools and Families (DCSF).

The Pensions Ombudsman has given his determination in a complaint by Mr D W Basham against the trustees of the New Airways Pension Scheme.

The Pensions Ombudsman has given his determination in a complaint by Mrs J Bramley, a member of the Local Government Pension Scheme, against South Yorkshire Pensions Authority.

The Deputy Pensions Ombudsman has given her determination in a complaint by Mr A Brown against British Airways Pension Trustees Limited.

The Pensions Ombudsman has given his determination in a complaint by Mr P Carey against rpmi Ltd, the administrators of the Railways Pension Scheme.

The Pensions Ombudsman has given his determination in a complaint by Mr C Catchpole against the trustees of the Alitalia Airlines Pension Scheme and Alitalia-Linee Aeree Italiane SPA.

The Ombudsman has upheld a complaint brought by Mr D J Clark against the Cabinet Office and Paymaster (1836) Limited. Mr Clark was a member of the Principal Civil Service Pension Scheme. He complained that the respondents provided incorrect information that resulted in his receiving a reduced pension under a pension-sharing order. The Ombudsman upheld the complaint.

The High Court has upheld a Pensions Ombudsman decision to compensate a complainant by directing his employer to admit him to membership of their pension scheme rather than award him damages.

The Pensions Ombudsman has given his determination in a complaint by Mrs M Cooper against West Yorkshire Police.

The Deputy Pensions Ombudsman has given her determination in a complaint by Mrs J Doughty against Angus Council and the Scottish Public Pensions Agency.  

The Pensions Ombudsman has given his determination in a complaint by Mr K Duffy against Dow Chemical Company Ltd and Dow Services Trustees UK Limited.

The Pensions Ombudsman has given his determination in a complaint by Mrs P A Edwards against BT Pension Scheme Trustees Limited.

The Pensions Ombudsman has given his determination in a complaint brought by Mrs M Ellaway and others against IBC Pension Trustees Ltd.

The Treasury minister has made a statement to the House of Commons regarding Equitable Life.

The Deputy Pensions Ombudsman has given her determination in a complaint by Mrs C Few against Teachers' Pensions and the Department for Education.

In this practice note Jane Tuckley, a partner in Travers Smith LLP's Financial Services and Markets department, and Nigel Barratt, Director of Research in the same department, outline the complaints handling procedures of the Financial Ombudsman Service (FOS). For an overview of the FOS' statutory framework, constitutional issues and funding, see Practice note, Financial Ombudsman Service: statutory framework, constitution and funding. For a description of the three jurisdictions comprising the FOS scheme, see Practice note, Financial Ombudsman Service: jurisdiction. This practice note is part of a series of practice notes written by Travers Smith LLP outlining the FSA's disciplinary and enforcement powers. For more information, see Practice note, FSA enforcement regime: overview. This practice note, and the other FOS practice notes referred to above, are in the process of being updated by the authors to reflect the new UK regulatory structure that came into effect on 1 April 2013.

In this practice note Jane Tuckley, a partner in Travers Smith LLP's Financial Services and Markets department, and Nigel Barratt, Director of Research in the same department, outline the statutory framework under which the Financial Ombudsman Service (FOS) is established and operates. They also consider constitutional matters for the FOS, and the funding of the FOS. For a description of the three jurisdictions comprising the FOS scheme, see Practice note, Financial Ombudsman Service: jurisdiction. For an overview of the FOS' complaint handling procedures, see Practice note, Financial Ombudsman Service: complaint handling procedures. This note is part of a series of practice notes written by Travers Smith LLP outlining the FSA's disciplinary and enforcement powers. For more information, see Practice note, FSA enforcement regime: overview.

The Deputy Pensions Ombudsman has given her determination in a complaint by Mr K Frost against Wolverhampton City Council and West Midlands Police Authority.

The Deputy Pensions Ombudsman has given his determination in a complaint by Mr A Garthley against the trustee case committee of the Railways Pension Scheme (ScotRail section).

On 4 March 2010, HM Treasury published the third and final interim report produced by Sir John Chadwick on the Equitable Life Assurance Society ex-gratia payment scheme. 

The Pensions Ombudsman has given his determination in a complaint by Mr A Halford against Hertfordshire County Council and Serco Pensions.

The Deputy Pensions Ombudsman has given her determination in a complaint by Mrs S A Hassell-Roberts against Staffordshire County Council.

The High Court has handed down its decision in NHS Business Services Authority v Ingram [2009] EWHC 2486 (Ch).

In the case of Cook & Anor, R (on the application of) v Financial Ombudsman Service the High Court rejected an application for judicial review of a decision by the Chief Financial Ombudsman not to allow a complaint to be reopened following the issue of a final determination.

The High Court has handed down its judgment in Government Actuaries Department v Pensions Ombudsman [2012] EWHC 1796 (Admin). The Government Actuary's Department (GAD) has now applied for permission to appeal against this finding, and the Pensions Ombudsman proceedings are on hold pending the outcome. For more information please see, News round-up for the week to 19 July 2012: Ombudsman suspends firefighters' case pending GAD appeal.

The Deputy Pensions Ombudsman has given his determination in a complaint by Miss W Holmes against Stevenage Borough Council and Hertfordshire County Council.

The Pensions Ombudsman has given his determination in a complaint by Mr K Howard against Mercer Ltd, administrator of the Statoil Pension Scheme.

The Deputy Pensions Ombudsman has given her determination in a complaint by Mr J E Hunter against Atos Origin (UK) Services Limited and Atos Origin Pension Trustees Limited.

The High Court has dismissed an appeal against the Deputy Pensions Ombudsman's decision on an ill-health matter, in the case of Batt v Royal Mail [2011] EWHC 900 (Ch).

The Pensions Ombudsman has given his determination in a complaint by Mr S Jaszczyk against East Riding of Yorkshire Council.

The Deputy Pensions Ombudsmanhas given his determination in a complaint brought by Mr T I Jones against the Department for Children, Schools and Families (DCSF) and Teachers' Pensions.

The Pensions Ombudsman has given his determination in a complaint by Ms S Kerbel against Southwark County Council.

The Pensions Ombudsman has given his determination in a complaint by Mr D Lale against NHS Business Services Authority.

The Pensions Ombudsman has given his determination in a complaint by Mrs A Lane against the trustees of the Optima 2 Pension Scheme, Odeon Cinemas Limited and Hewitt Associates Limited.

Various secondary legislation has been made, which will come into force on 3 November 2008, under the Tribunal, Courts and Enforcement Act 2007.

The Pensions Ombudsman has given his determination in a complaint by the executor of the estate of Miss A V Lawson against Queen Mary, University of London and Universities Superannuation Scheme Ltd.

The Pensions Ombudsman has given his determination in a complaint by Mr M Major against BS Pension Fund Trustee Ltd.

The Pensions Ombudsman has given his determination in a complaint by Mrs G M McCurdy against Rathlin Island Ferry Ltd.

The Deputy Pensions Ombudsman has given her determination in a complaint by Mr C A Middleton against NHS Pensions.

The Pensions Ombudsman has given his determination in a complaint by Ms R Moore against NHS Business Services Authority.

The Pensions Ombudsman has given his determination in a complaint by Mr A against Chevron United Kingdom Ltd.

The Pensions Ombudsman has given his determination in a complaint by Mrs A against East Sussex County Council and Serco Local Government and Commercial.

The Pensions Ombudsman has given his determination in a complaint by Mr M L Nunn against Norfolk County Council.

The Deputy Ombudsman has dismissed a complaint brought by Mr J S Parker against the trustees of the Electricity Supply Pension Scheme (Western Power Distribution Group) (the Scheme) and Western Power Distribution (South Wales plc), previously known as South Wales Electricity plc (SWALEC). Mr Parker complained that he had been entitled to an immediate unreduced pension under the Scheme rules when he left SWALEC in 1994 because he was compulsorily retired consequent on reorganisation or redundancy. The Deputy Ombudsman held that there was no evidence that his employment had been terminated in this way.

The Pensions Ombudsman has given his determination in a complaint by Mrs E A Parsons against Barclays Bank plc.

A standard-form trust deed and rules for a private-sector occupational pension scheme providing defined benefits on a final-salary or career-average basis. To search for a particular word or phrase in the document, use the "keyword finder" at the lower right-hand side of the page. This standard document contains drafting notes integrated within the text. You can view the document without the integrated drafting notes, or view the notes by themselves, using the options in the "Actions" box in the top-right corner of the screen.

A table of significant pensions-related cases. The table covers decisions from the last twelve months and forthcoming appeals. It includes links to transcripts, if these are available, and to relevant PLC legal updates. For information about older pensions-related cases, please see Case tracker: archive.  If you have any information on the progress of the cases that appear in this tracker, or on any other relevant cases, please e-mail the PLC Pensions team on pensionsfeedback@practicallaw.com.

The Pensions Ombudsman has ruled that trustees of a scheme are liable for maladministration even where this results from the actions of the insurance company administering the scheme.

The Pensions Ombudsman has ruled that correspondence from or on behalf of trustees regarding a "transfer in" could be viewed as a contractual agreement with the pension scheme member.

The Pensions Ombudsman has given his determination in a complaint by Ms S Picano against Teachers' Pensions and the City Literary Institute.

The Pension Protection Fund (PPF) Ombudsman has rejected a complaint by the trustees of the Shetland Towage Ltd Pension Scheme about its risk-based levy.

The Pensions Ombudsman has given his determination in a complaint by Mr H T Ralph against Arjo Wiggins Ltd (formerly Wiggins Teape UK PLC). This has been subject to an appeal to the High Court, see Legal update, High Court clarifies impact of limitation periods on claims to the Pensions Ombudsman.

The Deputy Pensions Ombudsman has given his determination in a complaint by Mrs G Riddell against the Department of Finance & Personnel, Civil Service Pensions.

The Deputy Pensions Ombudsman has given his determination in a complaint by Mr D Rowlett against the London Borough of Havering.

The Deputy Pensions Ombudsman has given her determination in a complaint by Mrs P Squires against Rexel (UK) Pension Trustees Ltd and Punter Southall.

The Deputy Pensions Ombudsman has given her determination in a complaint by Mr A Taylor against Teachers' Pensions.

The Deputy Pensions Ombudsman has given his determination in a complaint by Mr M V Tittensor against Gloucestershire County Council.

Three draft statutory instruments have been published to bring in a new, more cohesive, two-tier tribunal system and implement Part 1 of the Tribunals, Courts and Enforcement Act 2007 (see Transforming Tribunals - Government Response). They are: The Transfer of Tribunal Functions Order 2008 (transferring specified tribunals, and their members, into the new system). The Appeals from the Upper Tribunal to the Court of Appeal Order 2008 (providing that, where a matter is before the Upper Tribunal on an appeal from a decision of the First-tier tribunal, permission to then appeal to the Court of Appeal will only be granted in an important or compelling case). The First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 (determining the number of members who will decide matters). These statutory instruments will come into force on 3 November 2008, subject to parliamentary approval. The draft instruments will transfer only a limited number of the tribunals affected by the reforms, including the Mental Health Review Tribunal and Child Support Commissioner. The transfer of all affected tribunals is expected by April 2009; including the Pensions Regulator Tribunal and Financial Services and Markets Tribunal (see Legal update, Ministry of Justice confirms plans for the Pensions Regulator Tribunal to be in the new upper tribunal). The relevant procedural rules will also be reformed, see Legal update, Consultations on tribunal procedural rules.The Employment

Further provisions of the Tribunals, Courts and Enforcement Act 2007 will come into force on 21 July 2008, by virtue of the Tribunals, Courts and Enforcement Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008. The provisions relate largely to judicial appointments. For background on the Act, see Legal update, The Tribunals, Courts and Enforcement Bill is published in House of Lords.Source: opsi

The Pensions Ombudsman has ruled that it is maladministration for trustees to refuse to disclose reasons for their decisions.

An update on the EAT's decision in Roberts v Aegon UK Corporate Services Limited.

Complaint brought by Mrs GA Weaver against Wrekin Group plc, the trustees of the Wrekin Group Pension Scheme and KPMG LLP, as scheme administrators. Mrs Weaver complained that delays by the respondents in producing a correct transfer valuation quotation meant her husband died before exercising the option of transferring to a personal pension, causing her financial loss. The Ombudsman dismissed the complaint. He found that no injustice resulted from any possible maladministration since, on the balance of probabilities, Mr Weaver would not have transferred out in any event.

The Pensions Ombudsman has given his determination in a complaint by Mrs S E Wheeldon against NHS Business Services Authority.

The Deputy Pensions Ombudsman has given her determination in a complaint by Mrs K Wilde against the NHS Business Services Authority.

The Pensions Ombudsman has given his determination in a complaint by Mr D Wilson against Oxfordshire County Council.

The Pensions Ombudsman has given his determination in a complaint by Ms J Winterstein against the London Borough of Camden.