NHS Business Services Authority v Leeks & Ors

NHS Business Services Authority v Leeks & Ors

The Pensions Ombudsman was entitled to find maladministration by the Authority due to its failure to inform Mrs Leeks of her pension entitlement and continued acceptance of contributions after her entitlement was fully accrued. The Ombudsman was also entitled to find causation and award compensation for loss...

Source-derived case information.

Parties
Appellant: NHS Business Services Authority; Respondent: Jean Leeks; Respondent: NHS Trust (Employer)
Jurisdiction
England and Wales
Judgment Date
19 March 2014
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Maladministration, Compensation for Loss, Causation in Pension Disputes, Pension Scheme Administration, Jurisdiction of Pensions Ombudsman
Pensions Law Administrative Law Maladministration Compensation for Loss Causation in Pension Disputes Pension Scheme Administration Jurisdiction of Pensions Ombudsman

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Parties

NHS Business Services Authority

Appellant

Jean Leeks

Respondent

NHS Trust (Employer)

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Pensions Ombudsman erred in law in finding maladministration by the Authority
  2. 2 Whether the Pensions Ombudsman erred in awarding compensation against the Authority
  3. 3 Whether compensation should have been awarded beyond March 2009

Ratio Decidendi

The Pensions Ombudsman was entitled to find maladministration by the Authority due to its failure to inform Mrs Leeks of her pension entitlement and continued acceptance of contributions after her entitlement was fully accrued. The Ombudsman was also entitled to find causation and award compensation for loss suffered by Mrs Leeks, including for the period beyond March 2009, as her continued loss was a consequence of the maladministration. The Authority's system deficiencies constituted maladministration, and the Ombudsman was not required to apportion compensation between the Authority and Employer. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal by NHS Business Services Authority is dismissed.
  • The compensation award in favour of Mrs Leeks stands as determined by the Pensions Ombudsman.