# Anyone got experience of making a complaint to the Pension Ombudsman?



## 149oaks (8 Feb 2011)

Anyone got experience of making a complaint to the Pension Ombudsman? 

If so what were they like? 

I've some long running issues that the Trustees are ignoring and have caused me a financial loss (a 4 figure sum). 

So I'm not waiting any longer and believe its to the Pensions Ombudsman I go, so I'd be interested to hear from others on their experience.


----------



## Don_08 (9 Feb 2011)

Have you made a formal complaint through the internal dispute procedures to the trustees? That is the first step you have to have completed. 

Paul kenny is very fair and knows the pensions legislation inside out so you will have no issues making a complaint to him.


----------



## punter (10 Feb 2011)

As Don said, you must follow the internal complaint procedure first. When you have gone through that, it forms the basis for your case to the Pension Ombudsman. 

You may find that a letter to the trustees simply requesting a copy of their complaint procedure makes them sit-up and take notice. This should be your first step.


----------



## 149oaks (11 Feb 2011)

Thanks punter and don. I've been through all that and got nowhere. Has anyone any actual experience of dealing with the Ombudsman?


----------



## bstop (12 Feb 2011)

I had a complaint dealt with by the ombudsman. It took approx 2 years to process. The final resolution was very detailed and fairly thought out. It laid blame on the employer and the trustees and clearly stated their maladministration. It also set out details of how any financial loss would be rectified. While the process was slow it was very worthwhile. I would recommend that you proceed with your complaint to the ombudsman.


----------



## 149oaks (13 Feb 2011)

Thanks bstop. I'd expect it to be slow. Assuming you got the money end sorted did the Ombudsman apply any sanction to the Tustees i.e. a fine or anything for their maladminstration?


----------



## Homer (13 Feb 2011)

The Ombudsman's role is to look after the interests of members, not to punish trustees for their transgressions.  Having said this, it is likely that the trustees incurred considerable legal and other consultancy expenses in dealing with the Ombudsman and this would probably deter them from taking a similar line on other cases.


----------



## bstop (13 Feb 2011)

There was no mention of sanctions against the employer or trustees in the Ombudsmans  determination. It contained detailed information of the investigation which included many written exchanges. I would imagine this was costly and time consuming for them. I also requested copies of all documentation from my employer and from the trustees under the data protection act. These documents indicated that special meetings took place to deal with my complaint and that it caused concern and difficulties for those dealing with them. They were basically on the run from the start of the investigation and all the way through it.


----------



## 149oaks (17 Feb 2011)

Thanks for the posts. Just got my reply from the Ombudsman he has accepted the matter for immediate investigation. Why I queried sanctions on the Trustees is that they have responsibilities and if they fail in these surely they must pay - and I don't mean that the loss to the beneficiary is simply made up. If that was the case surely the Trustees could always just sit back and hope queries go away, if they end up with the Ombudsman then simply the scheme will make up the difference. So in effect they'd have no responsibility. This is not a witchunt but otherwise wouldn't it smack of more light touch regulation?


----------



## TheFatMan (18 Feb 2011)

Hi,

Not sure the ombudsman can impose penalties directly but the if there is a finding of incompetence/maladminsitration then you have recourse to the pensions board. They have more teeth and will prosecute trustees sometimes for even simple technical breaches that have no financial impact on members


----------



## 149oaks (18 Feb 2011)

Thanks Fatman. Have been researching my self and seems a bit unclear where the crossover between the Ombudsman and Board is. Anyway should I just wait on the Ombudsman to investigate and see if he passes it over to the Board?


----------



## 149oaks (8 Dec 2011)

Just as an update - the Ombudsman is still investigating. They must be very busy in there which is a concern in itself.


----------

