The guidance is effective immediately and applies to complaints which are currently before the Ombudsman as well as new complaints. Non-financial injustice can cover the time and effort spent in having to pursue a complaint and the associated “distress”, such as concern, anxiety, anger, disappointment, embarrassment or loss of expectation and could range from “mild irritation” to anxiety which requires medical treatment.
Awards will fall into one of five categories, each with a corresponding fixed award:
The Ombudsman’s guidance sets out examples of the sorts of factors it will consider in deciding the level of award, for example:
The factsheet published by the Ombudsman sets out examples of how the factors might be applied practically. This document is a reproduction of this.
However, the Ombudsman emphasises that all submissions will be considered on a case-by-case basis. In any event, the awards are not designed to be punitive in nature and are intended as an acknowledgement of the inconvenience or distress they have suffered. Awards falling into the ‘exceptional’ category are therefore expected to be rare.
For advice on dealing with complaints about pensions maladministration or disputes, please contact Doug Mullen.
Providers need to be alive to the risk of contractors becoming insolvent and how to limit the resulting inevitable disruption.
Housing associations must continue to deliver core functions effectively and compliantly notwithstanding the uncertainty over the standards to which you will be held in the future.
Over the last few years the meaning of “asset management” has changed from being all about repairs to understanding that assets might not stay in an organisation forever.
The Grenfell Tower tragedy has understandably prompted a fundamental reconsideration of how building safety is approached for High-Rise Residential Buildings.
Results from the latest three-yearly valuation of the Local Government Pension Scheme (LGPS) are starting to trickle through.
The potential for Brexit with or without a deal causes uncertainty, and credit rating agencies do not like uncertainty.
Let’s face it, Wills are underappreciated and often overlooked. In fact, around 54% of the British public do not have one!
A recent case throws light on the scope of the exemption for “land transactions” from the need for an OJEU tender process.
A leaked report into maternity services at the Shrewsbury and Telford Hospitals NHS Trust revealed by The Independent has been described as the “largest maternity scandal in NHS history”.
The Pensions Regulator is showing its determination to improve the prudent management of Local Government Pension funds by digging deep into the internal workings of these funds.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.