Ombudsman’s Determination

Outcome

1. Dalriada and the Additional Applicants have submitted complaints that I have summarised as:-

Ombudsman’s Determination

Outcome

The complaint is not upheld against Rowanmoor as Administrator, as it was not its responsibility to carry out the level of due diligence suggested by Mr N, and because it fulfilled the duties it did have in relation to the Scheme adequately. 

Ombudsman’s Determination

Outcome

The complaint/dispute is upheld against The Trustee and the Employer. 

There has been maladministration and breach of law by the Employer in:

Ombudsman’s Determination

Outcome

The complaint is upheld against Aviva because it failed in its duty of care in negligence to deal with Mr N’s case before he died. It took too long to provide information to Mr N for him to have made an informed choice regarding his options before he died.

Aviva shall:-

Ombudsman’s Determination

Outcome

Mr G’s complaint is upheld and, to put matters right, the Employer shall pay £6,498.01 into the Scheme. The Employer shall ensure that Mr G is not financially disadvantaged by its maladministration.

Ombudsman’s Determination

Outcome

Miss N’s complaint is upheld and to put matters right the Employer shall pay the missing contributions in respect of this pension and make good any shortfall in units.

In addition, the Employer shall pay Miss N A £1,000 for the serious distress and inconvenience it has caused her.

Ombudsman’s Determination

Outcome

Ms N’s complaint is upheld and, to put matters right, the Employer shall pay £3,902.28 into the Scheme. The Employer shall ensure that Ms N is not financially disadvantaged by its maladministration. So, it shall arrange for any investment loss to be calculated and paid into the Scheme. 

Ombudsman’s Determination

Outcome

Mr​ T’s complaint is upheld and, to put matters right, the Employer shall pay £1,280.61 into the Scheme. The Employer shall ensure that ​Mr T ​is not financially disadvantaged by its maladministration. So, it shall arrange for any investment loss to be calculated and paid into the Scheme. 

Ombudsman’s Determination

Outcome

Mrs A’s complaint is upheld and to put matters right the Employer shall pay the missing contributions in respect of this pension and make good any shortfall in units.

In addition, the Employer shall pay Mrs A £1,000 for the serious distress and inconvenience it has caused her.

Ombudsman’s Determination

Outcome

Mr N’s complaint is upheld and to put matters right, the Employer shall pay £6,250 into the Plan. The Employer shall ensure that Mr N is not financially disadvantaged by its maladministration.