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.
A recent review has brought into question the position regarding donations made by for-profit subsidiary companies to their parent charities.
Government has confirmed it will take forward the ban on use of combustible materials on external walls of high-rise residential buildings, hospitals, care homes and student accommodation above 18m.
The Pensions Ombudsman has introduced fixed awards for distress and inconvenience (or “non-financial injustice”) caused by maladministration in the management of pension schemes.
Dominic Curran becomes head of charities at Anthony Collins Solicitors.
Partner and Head of the Personal Injury and Clinical Negligence Department, Rankeshwar Batta, has been listed in the Legal 500 “Hall of Fame” for both his personal injury and clinical negligence work.
The Employment Appeal Tribunal (EAT) has found that where a TUPE transfer has taken place, subsequent changes to employees’ terms and conditions may not be invalid...
Sadly, neonatal deaths and injuries in the UK remain at a high level. The inquiry underway at Shrewsbury and Telford NHS Trust only serves to highlight that sometimes errors are made.
The Health and Social Care team are delighted to have been nominated as finalists for the LaingBuisson Independent Legal Advisor award.
The Government has now published its “no deal notice” for public procurement.
Employer contribution rates for unfunded public sector pension schemes are likely to rise more steeply than anticipated from April 2019.
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