NHS Injury Benefit Scheme (PO-13579)

Ombudsman’s Determination

Complaint Summary

Dr A has concerns that NHS BSA has incorrectly calculated his Permanent Injury Benefit (PIB) award. He disputes:-

• The method used in calculating his permanent loss of earning ability (PLOEA), which forms part of the PIB calculation.
• The number of years’ service taken into account when calculating his PIB.
• NHS BSA’s authority to apply a percentage reduction to the part of the calculation which concerns his average remuneration.

Summary of the Ombudsman’s Determination and reasons

NHS BSA shall reassess Dr A’s application for PIB because it failed to consider information which suggested that he might not be able to complete his General Practitioner (GP) training programme.

I do not however find that NHS BSA has made an administrative error in the methodology applied at the second stage of the internal dispute resolution procedure calculating Dr A’s PLOEA, nor do I consider that it has applied an incorrect length of service in this assessment.

In respect to NHS BSA’s authority to apply a percentage reduction to average remuneration, I am not able to make a finding of maladministration causing Dr A financial injustice.

However, NHS BSA has caused Dr A serious distress and inconvenience by its changing position on the calculation of his PLOEA and through its failure to assess his PIB application correctly, for which it shall pay him a non-financial injustice award of £1,000.