The Pensions Ombudsman has wide powers (see for example National Power plc v Feldon & ors 1997 , TLR 30th June 1997 and Westminster City Council v. Haywood & anr (No.2) 2000 ICR 827, ChD). There is no charge for using the Pensions Ombudsman's services.
His general role is to investigate complaints of injustice because of maladministration by the trustees or managers of an occupational or personal pension scheme, or by the employer as to an occupational pension matter. He can also investigate disputes of fact or law concerning pensions schemes with the trustees or managers or employer. Further, as from 6th April 1997 the law provides that he "may investigate and determine a complaint concerning the administration of a personal or occupational pension scheme made to him by or in respect of an actual or potential beneficiary of the scheme who alleges that he has sustained injustice in consequence of maladministration in connection with an act or omission of the administrator of the scheme" (the Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1996, SI 1996/2475, reg 3(1) making appropriate alterations to Pension Schemes Act 1993, ss.146 - 151).
A decision by the Pensions Ombudsman is final and binding, is enforceable through the courts and can only be challenged by appeal to the High Court or, in Scotland, the Court of Session on a point of law (Pension Schemes Act 1993 s.151).
Misselling of pension funds and complaints on similar matters are not dealt with by the Pensions Ombudsman. They come within the remit of the Financial Services Authority ("FSA"). The Ombudsman and the FSA have issued a joint "Memorandum of Understanding between the Ombudsman and the FSA".
The Pensions Ombudsman's website is at www.pensions-ombudsman.org.uk.