Appeals against determinations of the Pensions Ombudsman
Produced in partnership with David Gallagher of Fieldfisher and Oliver Hilton of Radcliffe Chambers
Practice notesAppeals against determinations of the Pensions Ombudsman
Produced in partnership with David Gallagher of Fieldfisher and Oliver Hilton of Radcliffe Chambers
Practice notesFORTHCOMING DEVELOPMENT: In the King's Speech of 17 July 2024 on the State Opening of Parliament, 40 legislative proposals were presented, including a new Pension Schemes Bill (not yet published). Among other things, this Bill is set to remove the need for pension scheme trustees to apply to the courts to enforce a determination of the pensions ombudsman in relation to the recovery of pension overpayments by granting the ombudsman powers to those of a competent court which aims to alleviate pressures and cost for courts, schemes, and members and ensuring recovery costs are kept to a minimum. For further information, see Practice Note: Overpayment of pension benefits—Methods of recovering overpayments.
For a list of key Pensions Ombudsman determinations we have reported on, see Practice Note: Pensions Ombudsman determination tracker.
The appeal process in summary
The starting point is that a determination by the Pensions Ombudsman (the Ombudsman) of a complaint or dispute and any consequential direction given in relation to a scheme is final and binding
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