Comprehensive guidance on the Pensions Ombudsman's adjudication service for resolving pension disputes

Produced in partnership with Oliver Hilton of Radcliffe Chambers and David Gallagher of Fieldfisher

Practice notes

Comprehensive guidance on the Pensions Ombudsman's adjudication service for resolving pension disputes

Produced in partnership with Oliver Hilton of Radcliffe Chambers and David Gallagher of Fieldfisher

Practice notes

Since the transfer of The Pensions Advisory Service (TPAS)’s dispute resolution service to the Pensions Ombudsman on 19 March 2018, the Pensions Ombudsman offers two types of dispute resolution service:

•
an informal early resolution service (for further information on which, see Early resolution service, below), and
•
its normal adjudication service

Unless stated otherwise, this Practice Note focuses on the adjudication service of the Pensions Ombudsman. More specifically, it looks at the process involved before, during and after a complaint to the Pensions Ombudsman under its adjudication service and an investigation by the Pensions Ombudsman.

We have reported on key Pensions Ombudsman determinations resulting from the adjudication service. For further information, see: Pensions Ombudsman determination tracker.

Legal framework for making complaints to the Pensions Ombudsman

As a creature of statute, the office of the Pensions Ombudsman is created and governed by sections 145 to 152 of the Pension Schemes Act 1993 (PSA 1993) (as amended). The relevant statutory instruments are:

•
the Personal and Occupational

Oliver Hilton

Barrister, Radcliffe Chambers

Oliver enjoys a busy and thriving traditional and commercial Chancery practice. His expertise is in trusts, wills and estates, with a particular focus on succession and property disputes, pensions and charities. He has substantial experience in dealing with a broad range of administration issues.

As well as non-contentious drafting and advisory work, Oliver has a strong litigation practice: he appears regularly in the High Court, including in large scale, complex, high profile cases; he has acted on numerous occasions before the Court of Appeal; and he has considerable experience representing clients at mediations. Oliver is equally at home acting as sole counsel or being led, and he particularly enjoys working as part of a wider team.

Experience and Expertise

Oliver specialises in trusts, estates and property disputes, especially contentious probate, breach of fiduciary duties, setting aside lifetime transactions, Inheritance (Provision for Family and Dependants) Act 1975 claims and real property related litigation, including constructive trusts, proprietary estoppel and co-ownership disputes (both in the commercial and domestic context) as well as personal property.

Oliver regularly advises and acts for trustees, personal representatives and beneficiaries on all issues that may arise during administration of trusts/estates/pension schemes, including questions of construction, distribution, the exercise of administrative and dispositive powers and Beddoe applications. He has gained a wealth of experience in drafting complex and intricate wills, trusts, pension documentation and associated instruments, as well as applying for variation of the same.

Oliver’s practice also includes dealing with the consequences of mistakes in relation to the creation of, amendments to and administration of wills, trusts and pension schemes, both in the context of rectification/rescission and removal from office.

Oliver's practice compliments his considerable expertise in pensions related matters, having acted and advised in relation to pensions liberation schemes, amendments to trust deeds, pensions administration, trustee disclosure, the winding up of schemes and the interaction between bankruptcy and pensions.

Oliver's trusts and estates expertise also encompasses charities and tax and professional negligence related matters.

A significant proportion of Oliver's chancery practice is commercial in nature. Fraud and asset tracing and recovery in particular form an important part of Oliver's practice. He also acts regularly in relation to company and shareholder disputes (including unfair prejudice petitions), partnerships, insolvency, business contract disputes, guarantees and finance related matters.

David Gallagher

Partner and Head of Pensions, Fieldfisher

David Gallagher is head of the pensions practice at Fieldfisher and advises a wide range of clients - employers large and small, trustees, pension product providers and individuals - on day-to-day pensions matters, scheme restructurings, winding up schemes, investment and litigation issues.

Originally qualified as a barrister, David worked in the public sector from 1993 to the end of 1999. He has specialised in pensions law since 1996. David has played a leading role in developing the firm's public sector pensions practice which is now widely recognised as a market leader. He has worked on a number of high profile and sensitive projects for government bodies and he has been at the forefront of developing drafting solutions for the greater protection of public funds on future re-tenders mandated by revised government guidance.

David handles all areas of work, from drafting trust deeds and rules for new occupational pension schemes and consolidating scheme governing documents to member disputes, funding negotiations and advising on the winding-up process. He frequently manages the pensions aspect of corporate transactions from other departments of the firm and has advised on the pensions aspects of a number of major public private partnership transactions and private sector mergers, acquisitions, disposals and insolvency, including the use of regulatory clearance procedures.

David has been involved in a number of pensions disputes in the courts for employers, trustees and representative beneficiaries including the Smithson v Hamilton case which progressed to the Court of Appeal, as well as a number of pre-litigation matters where the disputes have been resolved.

Jurisdiction(s):

United Kingdom

Key definition:

Pensions Ombudsman definition

What does Pensions Ombudsman mean?

Independent person appointed under the Pension Schemes Act 1993, s 145 to investigate complaints and disputes from scheme members. They also investigate complaints and disputes between trustees of schemes and employers and between trustees of the same or different schemes.

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