Lennon v South Eastern Education And Library Board [2015] NICA 3 (12 January 2015)

Lennon v South Eastern Education And Library Board [2015] NICA 3 (12 January 2015)

The Deputy Pensions Ombudsman misapplied the burden and standard of proof by not determining on the balance of probabilities whether the Board sent the relevant pension documents to the complainant and erred in concluding the case could be determined on the papers alone without considering the necessity of an oral hearing. The decision is therefore flawed and must be remitted for redetermination applying the correct legal test.

Citation
[2015] NICA 3
Parties
Applicant/respondent: Alice Lennon; Respondent/appellant: South Eastern Education and Library Board
Jurisdiction
Northern Ireland
Judgment Date
12 January 2015
Procedural Posture
Appeal From Deputy Pensions Ombudsman Determination / Judgment on Appeal
Outcome
Appeal allowed; matter remitted for rehearing by a new decision maker.
Legal Topics
Maladministration, Burden of Proof, Disclosure of Information, Statutory Limitation, Oral Hearing Requirement, Employer Duty to Inform
Pensions Law Employment Law Administrative Law Maladministration Burden of Proof Disclosure of Information Statutory Limitation Oral Hearing Requirement +1 more

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Parties

Alice Lennon

Applicant/respondent

South Eastern Education and Library Board

Respondent/appellant

Procedural Posture

Appeal From Deputy Pensions Ombudsman Determination / Judgment on Appeal

Legal Issues

  1. 1 Whether the Deputy Pensions Ombudsman applied the correct burden and standard of proof
  2. 2 Whether maladministration by the Board caused injustice to the complainant
  3. 3 Whether the Board breached relevant pension disclosure regulations

Ratio Decidendi

The Deputy Pensions Ombudsman misapplied the burden and standard of proof by not determining on the balance of probabilities whether the Board sent the relevant pension documents to the complainant and erred in concluding the case could be determined on the papers alone without considering the necessity of an oral hearing. The decision is therefore flawed and must be remitted for redetermination applying the correct legal test.

Court Disposition

Appeal allowed; matter remitted for rehearing by a new decision maker.

Orders

  • The case is remitted for redetermination by a new decision maker applying the correct burden and standard of proof.