NHS Pension Scheme (PO-15708)

Ombudsman’s Determination

Complaint Summary

Ms Y’s complaint is against NHS BSA and concerns its decision to refuse her MHO status from 1992 to 2016.

Ms Y’s complaint against the Trust is that Sheffield Health Authority, Ms Y’s employing authority in the 1990’s, failed to:-

• Support her original MHO claim in 1992.
• Accurately report her job role between 1992-1994.
• Complete the MHO process in 1994.
• Inform her that her MHO status had not been resolved.

Summary of the Ombudsman’s decision and reasons

The complaint should be upheld against NHS BSA because its stipulation that care must be “direct (hands-on)” to qualify towards MHO status is a restriction that Regulation 14 does not include.  Consequently NHS BSA have failed to consider whether certain elements of the work conducted by Ms Y fall within the scope of treatment or care of persons suffering from mental disorder.