Central Bureau for Educational Visits and Exchanges Pension Scheme
Ms K
1. Capita ATL Pension Trustees Limited (the Trustees) 2. British Council (BC)
Pre retirement increases (revaluation)
Wed 13 Mar 2019
Partly upheld

Ombudsman’s Determination

Complaint Summary

Ms K has complained that the Trustees and BC have unjustly stepped back from their historic practice of revaluing deferred benefits by 5% per annum.

Summary of the Ombudsman’s Determination and reasons

The complaint should be partly upheld against the Trustees and BC because:

  • Although BC had the power to amend the Rules, which they did having taken legal advice on the matter, there was a clear representation in a variety of documents and correspondence issued to Ms K over a number of years that revaluation would be fixed at 5% per annum. Finding out that this representation was incorrect would have caused Ms K a serious level of distress and inconvenience which should be recognised.
  • However, there can be no estoppel because there are no direct links between the acts taken by Ms K and the misrepresentation.

View determination