In 2020 the court rules were changed to require that all residential tenants must be given 14 days’ notice of an eviction. What happens though if the eviction is cancelled on the day?
Although the decision relates to an application under the NHS Pension Scheme, it has wider implications for decision makers making similar decisions under other schemes, including the Local Government Pension Scheme (LGPS).
Background and decision
The Deputy Ombudsman’s decision concerned an application for ill-health early retirement by an NHS Estates Support Worker, Mr Hayes. Mr Hayes had been on long-term sick leave with several conditions including neuralgic pain since July 2008 and his employment was terminated on the grounds of capability in March 2009. NHS Pensions denied the application on the basis that Mr Hayes’s treatment was on-going and it was premature to conclude that his incapacity would be permanent, quoting at length from the medical adviser. Mr Hayes’s subsequent appeals were unsuccessful, despite the argument made on his behalf by his wife that he did not want to have further surgery due to the potential risks. The final appeal decision did not consider this argument.
The Deputy Ombudsman held that NHS Pensions misinterpreted the rules of the scheme which required it to take into account Mr Hayes’ view of whether it was reasonable to refuse the proposed treatment options (not just the medical view as to their likely risks). NHS Pensions had not done so. The Deputy Ombudsman therefore returned the decision to NHS Pensions for reconsideration and directed that they pay Mr Hayes £250 for the additional stress caused by their failure to determine his eligibility in the proper manner.
The Deputy Ombudsman also commented on the level of detail that decisions should contain. He noted that there has been a trend towards increased recognition of the duty on decision makers to give reasons, particularly in cases where some or all of the following apply:
- there is a right of appeal;
- the decision maker is acting in a judicial manner;
- the decision is of a particular significance to the individual; and
- there is no specific reason not to give reasons.
He commented that bearing these factors in mind, the level of reasoning that NHS Pensions would be required to provide in these sorts of circumstances would be “towards the upper end of the spectrum”. He went on to say that he hoped they would now provide their “full reasons in plain and simple language”.
The Deputy Ombudsman’s decision means that when giving decisions on ill health retirement, decision makers should take care to give full reasons using simple language if they refuse an application for ill-health early retirement. They should also ensure that they pay close attention to the relevant rules of their scheme and ensure these are followed.
For more information
For more advice on decisions to grant ill health retirement pensions, or in relation to appeals under the internal dispute resolution procedure, please contact Doug Mullen on 0121 212 7432 or email@example.com.
We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The monthly round-up from the Anthony Collins Solicitors charities team.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The first disability we are going to discuss is diabetes. We begin by discussing the different types of diabetes; their similarities and differences and how we live with the disability within our day.
Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
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.