The Pensions Ombudsman's procedures are much less formal than would be encountered in, say, going to Court. However, to ensure that all the parties are treated fairly, and that the Ombudsman's Office's time is used to the best possible effect, there are procedures which do have to be followed. Some of them are statutory requirements and others are set down by the Ombudsman's Office.

In your dealings with the Ombudsman's Office you will find that he is assisted by experienced and well qualified staff and advisers, who have authority to act on his behalf. Generally they will deal with complaints in writing and you will be expected to do so too, since it will be important to keep a record of what is said.

Although many matters can be delegated to his staff, only the Ombudsman has power to make the final and binding decision and he will personally examine the papers before doing so.

Before contacting the Ombudsman

The complaint or dispute should always first be taken up in writing with the people or bodies thought to be at fault. Almost all occupational pension schemes are required by law to have a formal internal dispute resolution procedure. Where the requirement applies, if the trustees or managers have not been given the opportunity to issue their decision then the Pensions Ombudsman cannot deal with the matter. Members, ex-members, spouses and dependants wanting to complain against the trustees or managers of the pension scheme should write to them asking for the procedure to be used. The formal internal dispute resolution requirement does not apply to employers or administrators, but attempts should still be made to resolve the problem by writing to them.

Individuals (not employers, trustees or scheme managers) can get help from the Pensions Advisory Service. Usually the Pensions Ombudsman will not investigate a complaint until the Pensions Advisory Service has been consulted.

The Pensions Advisory Service has a network of volunteer advisers who can answer queries and try to resolve the problem, corresponding with the scheme authorities as necessary. the Pensions Advisory Service can also help with the internal dispute resolution procedures and they will explain if they think that someone other than the Pensions Ombudsman should be asked to deal with the matter. If they recommend to you that a complaint should be made to the Pensions Ombudsman, they will help you to make it. The services of the Pensions Advisory Service are free. They can be contacted either through a local Citizens' Advice Bureau, at the address given under Other helpful bodies, or at the the Pensions Advisory Service website.

How to complain?

First check, using the information on this website under Powers, or by reading the Ombudsman's booklet that:

1. you are a person entitled to complain
2. your complaint is against the right people or organisations
3. the Pensions Ombudsman will be able to deal with the complaint

The booklet can be downloaded from the Publications page of this website.

Individuals
If you are an individual person wanting to bring a complaint or dispute to the Pensions Ombudsman on your own account (or if you are such a person's representative) you will need to complete a form. Before filling it in you should carefully read the instructions which come with it as well as the Ombudsman's booklet. You can download the form and instructions from the Publications page of this website. You will need to print it out, fill it in and send it to the Ombudsman's office. We are not presently able to accept forms over the internet. The main reason is that most people have to send us copies of relevant documents and correspondence as well as the form.

Employers, trustees, managers
If you are an employer, trustee or manager of a scheme you do not have to fill in a form, but you should read the "Guidance Note for Corporate Applicants" which can be downloaded from the Publications page of this website.

Complaints cannot be accepted over the telephone. When sending in your complaint you should supply all relevant information in your possession, including copies of letters and so on. Wherever possible, keep copies for yourself. You do not need to send the Pensions Ombudsman your correspondence with the Pensions Advisory Service providing you give written authority for them to release to the Pensions Ombudsman everything that you have sent to them. The form contains a space for you to give this authority, and to give the Pensions Advisory Services' reference number. You should let the Pensions Ombudsman have copies of all letters relating to the scheme's internal dispute resolution procedure. You may get someone else to write for you (eg a solicitor, accountant or trade union representative, or a friend or family member) so long as they have your written authority to represent you. A copy of your authority should be sent to the Pensions Ombudsman. You may have to meet the costs yourself if you employ a professional person. The Pensions Ombudsman can award you your costs if your complaint succeeds, but he rarely does so.

After the Ombudsman receives your complaint

The Pensions Ombudsman's staff will acknowledge your complaint and, where applicable, ask the Pensions Advisory Service for their papers relating to your case. When the Ombudsman's staff have all the relevant papers, they will write to you to say whether your complaint can be investigated. If it cannot, they will tell you why, and where appropriate, what steps you must take before it can. If they think the problem should be dealt with by another body, they will tell you who, and how to contact them - or if it is easier they will forward your papers straight to the relevant organisation.

The procedure for deciding complaints is partly set down in statute, and partly can be as the Ombudsman decides. The following description fits most cases, but there may be variations.

1. The people against whom you are complaining are almost always given the opportunity to put their own case. This is done by sending a copy of your complaint and all the accompanying papers to them.
2. However, in a small number of cases, on looking at the complaint, the Pensions Ombudsman's investigator may conclude that it cannot be upheld by the Ombudsman whatever the other parties might have to say. If so the investigator will write to you explaining why. If you do not accept the explanation you can ask the Ombudsman to look at the file. If the Ombudsman agrees with his investigator, he will write to you giving his determination of the complaint. If he disagrees he will ask his staff to begin an investigation.
3. If the Pensions Ombudsman or his staff think that there is a possibility that your complaint can be upheld then a full investigation will begin. This applies to most complaints. The complaint form, and all the papers that you and the Pensions Advisory Service have provided will be sent to the people and bodies that you have named as respondents for them to respond in writing. The Ombudsman's staff may ask for specific documents, such as the scheme rules, or trustees' records. Details of the complaint may also be sent to anyone else who has an interest in its outcome. Any responses will be sent to you for your comments. The respondents also have an opportunity to comment on each other's responses. Afterwards, as considered necessary, the Pensions Ombudsman's staff may ask further questions and obtain further documents.
4. When there is sufficient information for him to do so, the Ombudsman will arrange for issue of his preliminary conclusions concerning the complaint to you and the respondents, including any directions that he thinks necessary to put the matter right if his preliminary conclusions are unchanged. Directions can, but do not always, include payment of money. All of the parties have the opportunity to comment on the preliminary conclusions, and the Ombudsman will take into account any comments made before issuing the final Determination and Directions, either of which may be different.

The Determinations and Directions are final and binding on all of the parties, including you - subject only to an appeal on a point of law to, in England and Wales, the High Court, in Scotland, the Court of Session, in Northern Ireland, the Court of Appeal.

Any party to the Determination (including a complainant) may appeal. The other parties to the Determination may also be parties to the appeal, as may the Ombudsman. Those wishing to appeal should consider taking legal advice. The Pensions Ombudsman's office cannot usually help.
If there is no appeal, the Pensions Ombudsman's decision can be enforced in the courts.

How long will it take?

Roughly a third of investigations are closed within six months and another third within the second six months, but the remaining third can take longer.

Hearings

The Pensions Ombudsman sometimes calls all sides to a hearing to help decide a particular issue or issues. If you think a hearing would be appropriate in your case you may ask for one. If you do not do so before the Ombudsman determines your case, you may not be able to complain later on that no hearing was held.

If you do request an oral hearing, the Ombudsman may or may not agree to your request. It is for the Ombudsman to decide whether it is an appropriate case in which to hold a hearing.

The Ombudsman would usually only hold an oral hearing in the following circumstances:

1. where there are differing accounts of a particular material event and the credibility of the witnesses needs to be tested; or
2. where the honesty or integrity of a party has been questioned and the party concerned has requested a hearing; or
3. where there are disputed material and primary facts which cannot properly be determined from the papers alone.

The Ombudsman may, however, decide that it is appropriate to hold a hearing in a case which does not fall into any of these categories and may do so even if one has not been requested by you or any other party to an investigation. If an oral hearing is held then it will be in public (unless there are good reasons why it should not be). The respondents (as well as yourself) will be entitled to be present and to call and cross-examine witnesses. Also the respondents (as well as yourself) will be allowed to be represented by a lawyer or other appropriate person.

Confidentiality

Please note that all papers and other information received by you during the investigation should not be used for any other purpose, even after the investigation has finished. Papers may be disclosed to anyone from whom advice is being obtained in connection with the investigation. The advisor will then be under a similar obligation. When the investigation is complete, the Ombudsman's final Determination is not confidential.