Trustees facilitating pension liberation found liable for £5.2m repayment by TPO dishonesty unit
Pensions analysis: The Pensions Ombudsman’s Pensions Dishonesty Unit (PDU) concluded an extensive investigation into three occupational pension schemes in November 2024, resulting in directions for trustees to repay over £5.2m into the schemes. The Ombudsman found that scheme funds were invested in breach of trustee investment duties, facilitating pension liberation arrangements by trustees in a position of conflicting interests. Trustees, including two individuals in their personal capacities, were found to have acted dishonestly and attracted personal liability. A pension administrator was also found liable as a dishonest assistant. This case highlights the Pensions Ombudsman’s efforts to combat pension fraud and hold dishonest actors accountable. Ben Fairhead, partner, and Tom Cosgrove, associate, at Arc Pensions Law look at the background to the case, the Ombudsman’s findings and the implications for pension schemes.