Local Government Pension Scheme · CAS-50652-Q5L2

CAS-50652-Q5L2

Ombudsman’s Determination Applicant The Estate of Mr H (the Estate)

Scheme Local Government Pension Scheme (the Scheme)

Respondent Durham County Council (the Council)

Outcome

Complaint summary

Background information, including submissions from the parties

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“…We as a family have been caused significant distress together with huge inconvenience & disappointment in dealing with this ongoing saga.

We…ask… the Pensions Ombudsman to ask [the Council] to send us a formal apology together with a recommendation that they compensate us with a payment for our non financial loss which has been & still is most significant…

We admit that no amount of financial compensation can ever make amends for the mental anguish that this has had on my family but [the Council] has to [be] made aware of its lack of sympathy that it affords family members of bereaved loved ones.”

Adjudicator’s Opinion

Mr JH did not accept the Adjudicator’s Opinion. In response he said in summary:-

• The letter of apology was in fact an email from the Council apologising for the confusion caused on its part, for not being clear when the payment of the Sum would be made to Mr H.

2 CAS-50652-Q5L2 • Neither Mr H nor the Estate had ever received a formal written apology from the Council for its lack of any sympathy in this matter, and the time taken to deal with their concerns.

• The Council took a very long time to accurately research to where the original payment of the Sum was made.

The complaint was passed to me to consider. Mr JH’s additional comments do not change the outcome. I agree with the Adjudicator’s Opinion.

Ombudsman’s decision

Anthony Arter

Pensions Ombudsman 6 December 2022

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