Financial Services and Pensions Ombudsman Act 2017


Complaints and redress: pension providers

61. (1) On completing an investigation of a complaint relating to a pension provider that has not been settled or withdrawn, the Ombudsman shall make a decision in writing in relation to the complaint.

(2) A decision under subsection (1) may contain such direction to the parties concerned as the Ombudsman considers necessary or expedient for the satisfaction of the complaint or the resolution of the complaint.

(3) Where the Ombudsman makes a direction under subsection (2) concerning a pension provider, such a direction shall not require either—

(a) an amendment of the rules of a scheme or the conditions of a scheme, or

(b) the substitution of the decision of the Ombudsman for that of the pension provider in relation to the exercise by the pension provider of a discretionary power under the rules of the scheme.

(4) Subject to subsection (5), the Ombudsman may order such redress, including financial redress, for the complainant as he or she considers appropriate.

(5) Any financial redress under subsection (4) shall be of such amount as the Ombudsman deems just and equitable having regard to all the circumstances and to this Part but shall not exceed any actual loss of benefit under the scheme concerned.

(6) A decision under subsection (1) shall be communicated to the parties by the Ombudsman and such decision shall include the following:

(a) the decision;

(b) the grounds for the decision;

(c) any direction given under subsection (2).