Ward v South Yorkshire Pensions Authority & Anor
The appeal is dismissed because the Ombudsman was entitled to conclude, based on contemporaneous evidence, that Mr Ward's decision to retire was not influenced by the incorrect pension figures, and no compensable financial or non-financial loss was established. The procedure adopted was reasonable and did not require an oral hearing.
- Parties
- Appellant: Michael Ward; Respondent: South Yorkshire Pensions Authority; Respondent: National Probation Service (South Yorkshire)
- Jurisdiction
- England and Wales
- Judgment Date
- 29 November 2005
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Maladministration, Redundancy, Compensation for Non Financial Loss, TUPE Transfer, Early Retirement, Added Years, Statutory Pension Constraints
Case Brief
Summary, issues, holding and outcome
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Parties
Michael Ward
Appellant
South Yorkshire Pensions Authority
Respondent
National Probation Service (South Yorkshire)
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether maladministration occurred in quoting pension benefits without caveat regarding army pension
- 2 Whether compensation for non-financial loss is available absent financial loss
- 3 Whether Ombudsman gave adequate reasons for dismissing claims
Ratio Decidendi
The appeal is dismissed because the Ombudsman was entitled to conclude, based on contemporaneous evidence, that Mr Ward's decision to retire was not influenced by the incorrect pension figures, and no compensable financial or non-financial loss was established. The procedure adopted was reasonable and did not require an oral hearing.
Court Disposition
appeal dismissed
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