News

In our previous updates (see “News Archive”) we explained that the judicial review instigated by the Government Actuary’s Department (GAD) was heard in June 2012 and that the judge decided that GAD is fully within our jurisdiction in relation to the complaint made by a firefighter about commutation factors.

GAD subsequently applied for permission to appeal to the Court of Appeal and on 31 October the judge refused permission to appeal. We do not yet know whether GAD will be appealing to the Court of Appeal against the judge’s decision refusing permission. This may take a few weeks. In the meantime we will not be proceeding with the firefighter’s case.

There is still no need for members of police or firefighters’ schemes to take any further action and as we have said in previous updates, we plan to use complaints from the ones we have already received as “lead” complaints.

If you would like to read the judgment you can find it at

http://www.bailii.org/ew/cases/EWHC/Admin/2012/1796.html

In our update of 21 May 2012 (see “News Archive”) we explained that the judicial review instigated by the Government Actuary’s Department (GAD) was due to be heard in June.

The hearing was on 14 June and the judge gave his judgment orally the following day. He said that GAD is fully within our jurisdiction in relation to the complaint made by a firefighter about commutation factors.

However, the judge also said that GAD could wait to see the written version of his judgment before they had to decide whether to appeal to the Court of Appeal. The written judgment has been published and GAD have applied for permission to appeal to the Court of Appeal. We are unable to say how long it will be before the court decides whether or not to grant permission but understand that as the courts’ summer recess is now over it should not be too long before a decision is made. In the meantime we will not be proceeding with the firefighter’s case.

There is still no need for members of police or firefighters’ schemes to take any further action and as we have said in previous updates, we plan to use complaints from the ones we have already received as “lead” complaints.

If you would like to read the judgment you can find it at http://www.bailii.org/ew/cases/EWHC/Admin/2012/1796.html

Thank you to those of you who took part in last year’s website survey.  To view the results please click here

We are pleased to present our 2012 Corporate Plan - you will find it on the Publications page

In our update of 21 May 2012 (see “News Archive”) we explained that the judicial review instigated by the Government Actuary’s Department (GAD) was due to be heard in June.

The hearing was on 14 June and the judge gave his judgment orally the following day. He said that GAD is fully within our jurisdiction in relation to the complaint made by a firefighter about commutation factors.

However, the judge also said that GAD could wait to see the written version of his judgment before they had to decide whether to appeal to the Court of Appeal. The written judgment has now been published and GAD have applied for permission to appeal to the Court of Appeal. It is likely to take a few weeks before the court decides whether or not to grant permission. In the meantime we will not be proceeding with the firefighter’s case.

There is still no need for members of police or firefighters’ schemes to take any further action and as we have said in previous updates, we plan to use complaints from the ones we have already received as “lead” complaints.

If you would like to read the judgment you can find it at http://www.bailii.org/ew/cases/EWHC/Admin/2012/1796.html

The Annual Report and Accounts of the Pensions Ombudsman (and Pension Protection Fund Ombudsman) was published today Annual Report 2011-12

Some key facts:

The number (939) and subject matter of new complaints in the year were broadly unchanged from recent years.

The office completed 888 investigations, with continuing emphasis on dealing with cases proportionately and effectively, so that the time that we took to deal with cases was within our targets and our “costs per case” were lower than in previous years.

We spent £2.676m, a little under the previous year’s spend – and below our budget.

Full report

For more information please contact:

Jane Carey 
Tel: 020 7630 2211 
Email: jane.carey@pensions-ombudsman.org.uk

In our update of 21 May 20102 (see “News Archive”) we explained that the judicial review instigated by the Government Actuary’s Department (GAD) was due to be heard in June.

The hearing was on 14 June and the judge gave his judgment orally the following day.  He said that GAD is fully with in our jurisdiction in relation to the complaint made by a firefighter about commutation factors. 

However, the judge also said that GAD could wait to see the written version of his judgment before they had to decide whether to appeal to the Court of Appeal.  As this should not take much longer (perhaps a few weeks) we will wait until we know whether GAD intend to appeal before proceeding with the firefighter’s case.

There is no need for members of police or firefighters’ schemes to take any further action at the moment.  As we said in our last update, we plan to use complaints from the ones we have already received as “ lead” complaints.” 

If you are a retired member of either the firefighters’ or police pension schemes you may be aware of an issue concerning the past factors used to convert pension into lump sums at retirement and whether they should have been reviewed earlier than they were.

We have received a large number of individual complaints about the matter. At present the question of to what extent we can deal with a complaint from a firefighter against the Government Actuary’s Department is the subject of judicial review proceedings. All the other complaints are currently “parked" awaiting the outcome.

The judicial review is due to be heard in mid June. Although it deals with the firefighters’ scheme, a similar issue would arise under the police scheme. If you are a member of either the police of firefighter’s schemes who has not written to us, there is no need to do so. If we are able to investigate, then we will use complaints from the ones we have already received as “ lead” complaints. We plan to provide a further update when the court has dealt with the judicial review application. This may not be immediately after the hearing as it sometimes takes time for judgment to be handed down.

We are pleased to present our 2011 Corporate Plan - you will find it on the Publications page

The Pensions Ombudsman has today issued 3 Invitations to Tender. These are for an IT Solution, a Case and Document Management System and a combined Managed Service including a Case and Document Management System. Under Government spending restrictions these have been published on the Buying Solutions Website and the Business Link Contracts Finder website. The closing date for receiving bids is 1 April 2011. 

The Government today announced its proposals for reform of public bodies.  Amongst them is the merger of the Pensions Ombudsman and the Pensions Protection Fund Ombudsman, currently separate statutory offices but run as one body with the same person holding both posts.

Press enquiries should be directed to the Department for Work and Pensions press office: Katie Martin on 0203 267 5130.

Why is the merger of the Pensions Ombudsman and the Pension Protection Fund Ombudsman being proposed?

Ministers believe that maintaining two distinct arms length bodies to carry out these roles is no longer necessary. The roles of the Pensions Ombudsman and the Pension Protection Fund Ombudsman, whilst distinct, have been undertaken by one person with support provided by a single office. This arrangement has worked well and it is now sensible to unify both bodies. This will deliver a more coherent and streamlined approach, simplifying the pensions institutional landscape. 

Why are the two bodies currently separate?

The Pensions Ombudsman was established in the Social Security Act 1990. When the Pension Protection Fund Ombudsman was created in 2005 it was not known how its workload would develop and whether it was feasible to have one person and one office carrying out both functions in the longer term.

Maintaining both bodies as distinct entities has provided flexibility but this is no longer needed.

Is the substance of either role being changed?

There is no intention to make any change in the substance of either role. The policy and legislative framework for both functions is being carried forward but the merging statutory roles will provide for simpler operational management.

Will the merger result in any staff surpluses or job losses?

Like every other public sector organisation, the Pensions Ombudsman is currently looking at ways of delivering his services more efficiently. Currently, Pensions Ombudsman staff carry out Pension Protection Fund Ombudsman work.  The latter forms a very small proportion of the total casework, which will not reduce overall as a result of the merger. There are no staff dedicated to the Pension Protection Fund Ombudsman. So it is not envisaged that the merger will of itself affect the number of staff.

What savings are anticipated from this merger?

There should be savings of up to £10,000 per annum in those administrative areas where separate identities for the Pension Protection Fund Ombudsman and the Pensions Ombudsman are currently maintained, in particular auditing costs but also website maintenance and record keeping. Although this change will generate small savings, it does simplify the pensions landscape overall.

Tony King, the Pensions Ombudsman, addressed the Annual General Meeting of the Occupational Pensions Defence Union on 27 January 2010.  His speech is available here

Yvette Cooper, Secretary of State for Work and Pensions, has appointed Jane Irvine to be Deputy Pensions Ombudsman (and Deputy Pension Protection Fund Ombudsman). Jane has a background in arbitration and dispute resolution and is Chair of the Scottish Legal Complaints Commission. From 2006 to 2008 she was the Scottish Legal Services Ombudsman (which was abolished in favour of the commission she now chairs). She also sits on the disciplinary board of the Faculty and Institute of Actuaries and from January 2010 she will be its Chair. Jane is expected to take up her new duties in mid-November. This part time appointment follows the splitting of the previous job into two roles: Deputy Pensions Ombudsman, dealing with determining complaints, and Casework Director, dealing with the management of investigations and staff.

The Information Commissioner has prepared and approved a model Freedom of Information Publication Scheme to be used by all public authorities. We have therefore updated our scheme to comply with this guidance

The Pensions Ombudsman, Tony King today (20 July) published his Annual Report and Accounts, covering the period 1 April 2008 to 31 March 2009.  In his introduction he said:

“Without doubt the year under report has been a good year.  We have effectively disposed of the office’s long-standing backlog and have substantially met our other targets for the year.”

The number of new cases needing investigation during the year was 742, very much in line with previous years.  The report notes that the economic downturn and its impact on pension funds is unlikely to have more than a delayed and indirect effect on complaint numbers.

1,196 cases were closed. Only 30% needed a formal determination by the Pensions Ombudsman or the Deputy Pensions Ombudsman (Charlie Gordon), down from 39% the previous year, indicating that renewed efforts to resolve cases early and proportionately may be bearing fruit.

The number of unresolved cases at the end of the year was 476.  Three years before there had been almost three times as many (1,413).  And the number of unresolved cases over a year old fell from 450 at the start of the year to 46 at the end.

Pension transfers and ill-health pensions were the most common causes for complaints.  As the report notes, applications for ill-health pensions involve “difficult medical judgements and, often, the exercise of a discretion; and the outcome for the scheme member may be fundamental to their financial security for many years to come.”

Commenting on the office’s roles, Tony King said:

“What matters to us is that we play our proper part in ensuring that redress is available where it is justified and providing finality where it is not. I am delighted that we have been able to do that so effectively this year.”

 Full report: http://www.pensions-ombudsman.org.uk/Publications/docs/AnnualReport2008-09.pdf 

Contact:  Jane Carey 020 7630 2211: jane.carey@pensions-ombudsman.org.uk

We are pleased to present the Corporate Plan for 2009.  You will find it on the Publications Page.

You may have seen recent publicity about the overpayment of some public sector pensions. The Pensions Advisory Service has a section on their website dedicated to this which you might find useful if you think you may be affected by this.

View the Overpayment of Public Sector Pensions information here.

There will be a hearing on 26 (and possibly 27) November 2008 at 11 Belgrave Road London SW1V 1RB as part of the Pensions Ombudsman's investigation of complaints made by Mr R Adams and others against the trustees and the administrators of the ES Group Pension Scheme.

The hearing will be held in public. However, it would be helpful if any member of the public wishing to attend could contact the Pensions Ombudsman's office at least a week in advance so that the necessary security and other arrangements can be made. Attendance may not be possible otherwise.

Requests or enquiries in relation to this hearing should be made to 0207 630 2220 or to enquiries@pensions-ombudsman.org.uk

New Pensions Ombudsman reports solid progress

The new Pensions Ombudsman, Tony King today (17 July) published his first Annual Report and Accounts, covering the period 1 April 2007 to 31 March 2008. Tony King took up office in September 2007, so for the first five months of the year covered by the report his predecessor David Laverick was in post.

The Pensions Ombudsman’s office has made solid progress in reducing the age of cases in hand. Commenting in his introduction to the report, Tony King described the trend as “highly positive”. For the third consecutive year more cases were closed than were taken on.

The number of new cases during the year was (after adjustment for a distorting group of over 250 identical cases) marginally up on the previous year’s 702. But the report notes that there is nothing statistically significant in the change. If anything the underlying trend has been slightly downward in previous years.

1,039 cases were closed, many by informal resolution, although over 600 needed a binding determination by the Pensions Ombudsman or the Deputy Pensions Ombudsman (Charlie Gordon).

The most common single source of complaints against pension schemes was decisions not to award ill-health pensions. As the report records, this is unsurprising “because the scheme member’s income for the rest of their life is at issue at a time of stress, and there are difficult matters of judgment and assessment of medical evidence involved, rather than clear cut facts.”

The report also covers the presently very small amount of work done as the Pension Protection Fund Ombudsman.

Tony King says: “The report shows the work of the Pensions Ombudsman’s office as playing an effective and necessary part in protecting and promoting confidence in private pensions”

View the full report here

We are pleased to present our 2008/09 Business Plan. You will find it in the publications page

Ombudsmon Pensiynau yn cyhoeddi cynllun iaith Gymraeg drafft

Mae’r Ombwdsmon Pensiynau wedi cyhoeddi cynllun iaith Gymraeg drafft, o dan Deddf yr Iaith Gymraeg 1993, yn esbonio sut y bydd am gynnig gwasanaethu i’r cyhoedd drwy gyfrwng y Gymraeg. Maent bellach yn ymgynghori’n gyhoeddus ar gynnwys y cynllun – a gellir ei weld yma:

cyswllt url

Gellir anfon sylwadau am y cynllun, erbyn 7/12/2007, at: Jane Carey, Rheolwr Busnes, Ombwdsmon Pensiynau, 11 Belgrave Road, Llundain SW1V 1RB

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Pensions Ombudsman publishes a draft Welsh language scheme
The Pensions Ombudsman has published a draft Welsh language scheme under the Welsh Language Act 1993, setting out how it will provide services to the public through the medium of Welsh. That scheme is now out for public consultation and may be viewed here:

url link

Comments on the draft scheme may be sent, by 7/12/2007, to: Jane Carey, Business Manager, Pensions Ombudsman, 11 Belgrave Road, London SW1V 1RB

Pensions Ombudsman, David Laverick, has urged all involved in the sale administration and provision of pensions to react positively if members of Pension Schemes refer disputes to his office.

Speaking at the launch of a new publication, How to avoid the Pensions Ombudsman David Laverick stressed that Trustees of Pension Schemes should themselves act as the Scheme’s Ombudsman when complaints are made to the Scheme and thus avoid the need for him to be formally involved.

How to avoid the Pensions Ombudsman, is based on the experience of the office since its inception and highlights principles and practices which have at times failed to be properly applied and have thus led to criticism from the Pensions Ombudsman.

Stephen Timms, Minister for Pension Reform welcomed the publication and underlined the need for general lessons to be learned from the work of the Ombudsman’s office.

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Further Information can be obtained from the Pensions Ombudsman on 020 7630 2207 or on our website www.pensions-ombudsman.org.uk