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Local Government Pension Scheme (PO-8663)

Complainant: Mr Davies
Complaint Topic: Benefits: refusal/failure to pay or late payment
Ref: PO-8663
Outcome: Upheld
Respondent: North West Leicestershire District Council
Type: Pension complaint or dispute
Date:

Ombudsman’s Determination

 Complaint summary

Mr Davies’ complaint, which is against the Council, is as follows:

  1. they failed to notify him of his appeal rights when they gave him the initial decision in October 2014;
  2. their process has been in contravention of the Scheme’s internal dispute resolution procedure (IDRP) guidelines;
  3. their process has been in contravention of the rules of natural justice in that the decision makers were neither impartial nor independent as they had previous involvement in the matter;
  4. they failed to review their regulation 30 policy;
  5. they overestimated the cost of paying him an unreduced pension early;
  6. the decision they reached when they reconsidered whether to release his pension benefits early from July 2010.

Summary of the Ombudsman’s determination and reasons

The complaint should be upheld against the Council to the extent that they failed to inform him of his appeal rights; appointed two decision makers who were previously involved in this matter; and there were flaws in their decision.

 

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