The Pensions Advisory Service (TPAS) and the Pensions Ombudsman
(PO) play very different roles in the resolution of problems,
complaints and disputes concerning pension plans. The object of
this page is to explain those differences.
The Pensions Advisory Service
TPAS gets involved before the PO, who is normally the final
arbiter in the matter. TPAS does not have statutory powers and can
only effect a resolution through persuasion and conciliation. The
PO on the other hand has similar powers to a court of law.
Our advisers, who are all volunteers
and carry out this service free in their own time, are all pensions
experts. Their first task is to gather as much information as
possible from the complainant and all other parties involved. If
the adviser, in the light of the information available, does not
believe you have a sustainable case, he/she will tell you this,
explain why they have reached this conclusion and return the file
to Head Office for closing.
No opinion expressed by TPAS is in any way legally binding and you
still have the right to take your case to the PO, as long as it is
within his jurisdiction.
If the adviser believes you have a case, however weak, he/she will
assist you and the other parties to come to a resolution. Sometimes
this may result in your getting everything you want but often it
may involve a compromise and a negotiated settlement. If, at the
end of our efforts, you are not prepared to accept the outcome, you
are still free to take your case to the PO.
If, after investigating your case, the adviser believes a referral
to the PO of your case may be beneficial, the file will be returned
to Head Office who will carry out an independent review of the file
and provide an expert second opinion. While this will usually
confirm the views of the adviser, sometimes the Head Office view
will be different. If the Head Office agrees that there is a case
to be determined they will provide any assistance you need in
presenting your complaint to the PO.
The Pensions Ombudsman
Complaints to the PO must be presented on his official complaint
form which TPAS will provide if you do not already have a copy. If
one of the respondents you cite is the scheme trustees, then the
Ombudsman can only investigate after you have subjected your
complaint to the scheme's internal dispute resolution process. This
is a statutory requirement. TPAS can give you guidance on how to
fulfil this requirement.
Upon receipt of your form, the PO's
office will request us to pass over your case file prior to their
investigation. The PO will reach his own decision on your case
based upon his interpretation of your legal rights. This decision
will be totally independent of any conclusion reached by TPAS on
your case. Following his investigation, the PO will decide your
complaint or dispute. His decision is final and binding on all the
parties to the complaint or dispute. It can be enforced in the
courts. His decision can only be changed by appealing to the
appropriate court on a point of law.
You should write to the PO within 3 years of the act or omission
that you are complaining about or disputing. If you did not know
about the matter at the time, the 3 years run from the time you
knew or ought to have known.
The PO may extend the time limit if the complaint is made outside
the 3 year period, but only as long as he thinks that any further
delay beyond 3 years is reasonable. In particular he will usually
treat time spent using an internal dispute resolution procedure
and/or being assisted by TPAS as a good reason for delaying
complaining to him. However, if there is a delay between TPAS
closing their file and you lodging a complaint with the PO, that
time will count towards the 3 year limit.
