Spreadborough v The Pensions Ombudsman & Anor

Spreadborough v The Pensions Ombudsman & Anor

The Pensions Ombudsman erred in law by treating the date of diagnosis as the 'appropriate date' for payment of preserved benefits, rather than the date of onset of permanent incapacity. The matter must be reconsidered to determine the correct date based on medical evidence and regulatory provisions.

Parties
Appellant: Keith Spreadborough; First Respondent: The Pensions Ombudsman; Second Respondent: Wandsworth London Borough Council
Jurisdiction
England and Wales
Judgment Date
21 January 2004
Procedural Posture
Appeal / Judgment
Outcome
Decision of the Pensions Ombudsman set aside; matter remitted for reconsideration.
Legal Topics
Maladministration, Retrospective Payment of Preserved Benefits, Permanent Incapacity, Local Government Pension Scheme Regulations
Pensions Law Administrative Law Maladministration Retrospective Payment of Preserved Benefits Permanent Incapacity Local Government Pension Scheme Regulations

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Parties

Keith Spreadborough

Appellant

The Pensions Ombudsman

First Respondent

Wandsworth London Borough Council

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the date of onset of permanent incapacity can be established retrospectively for early payment of preserved pension benefits
  2. 2 Whether the Pensions Ombudsman erred in law by determining the 'appropriate date' as the date of diagnosis rather than the date of onset of incapacity

Ratio Decidendi

The Pensions Ombudsman erred in law by treating the date of diagnosis as the 'appropriate date' for payment of preserved benefits, rather than the date of onset of permanent incapacity. The matter must be reconsidered to determine the correct date based on medical evidence and regulatory provisions.

Court Disposition

Decision of the Pensions Ombudsman set aside; matter remitted for reconsideration.

Orders

  • Matter remitted to the Pensions Ombudsman for determination in accordance with judicial guidance.