Court iterates limits on inquisitorial powers of Pensions Ombudsman (Sheffield v Kier Group plc and others)

Table of contents

• What are the practical implications of the judgment?
• What was the background?
• What issues arose for the court to determine?
• What did the court decide on the misdirection point?
• Whether the dispute was referred
• The Ombudsman’s inquisitorial role
• Ultra vires
• What did the court decide on procedural irregularity?
• What did the court decide on costs?
• Were there any undecided matters?

Article summary

Pensions analysis: Elizabeth Ovey, barrister at Radcliffe Chambers, examines the High Court’s decision in Sheffield v Kier Group plc and others that section 146 of the Pension Schemes Act 1993 (PSA 1993) limited the Pensions Ombudsman’s jurisdiction to determining only the disputes between the beneficiary of a pension scheme and those managing the scheme which were referred to him by the beneficiary. In this case the court found that the Ombudsman had misdirected himself that he had jurisdiction to determine the date from when the appellant’s pension should be calculated.