The Pensions Ombudsman (TPO) has confirmed that it is liaising with the Department for Work and Pensions (DWP) on the impact of a 2024 Court of Appeal decision, which could mean that some individuals will not have access to any ombudsman.

In an update to the Work and Pensions Committee (WPC), pensions ombudsman, Dominic Harris, explained that TPO's jurisdiction is limited to investigating and determining complaints related to occupational or personal pension schemes.

However, he explained that, historically, TPO has also dealt with complaints related to a number of public sector, injury compensation arrangements – for example, those set out in the Police (Injury Benefit) Regulations 2006.

In the 2024 Clark case, the Court of Appeal explained how to interpret the defined term “occupational pension scheme”, which is used in the statutory provisions that set out the scope of TPO’s jurisdiction.

However, Harris warned that applying the court’s decision is likely to mean that many statutory public sector injury benefit/compensation schemes are outside TPO’s jurisdiction.

"This would result in us needing to reject or discontinue up to 60 cases already with us," he added.

"In turn, that would mean that some individuals will not have access to any ombudsman, and will only be able to bring complaints before the courts (with the attendant cost risk that entails)."

Harris confirmed that, as this is an important issue, TPO has already sought advice from leading counsel to ensure that the organisation is applying Clark correctly, confirming that TPO is currently considering that advice.

"Naturally, we are also liaising with the DWP on this issue and keeping them updated as we develop our position," he added.

The news was shared as part of a broader update from Harris on the closure of TPO's Pension Dishonesty Unit, after government funding constraints meant that the pilot had to come to an end.

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