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MAKING AN APPEAL
More information about making an appeal is given in the PPF Ombudsman's booklet, The Financial Assistance Scheme – How the Pension Protection Fund Ombudsman can help you – click here
You must have received a copy of the scheme manager's formal decision given on completion of the FAS's internal review procedure. For more information about this, please see the FAS's leaflet on Reviews and Appeals available on their website see Links – click here.
The PPF Ombudsman cannot become involved until you have been given the scheme manager's review decision.
How to appeal
The law requires specific information to be provided to the PPF Ombudsman before an appeal can be considered. Careful completion of the PPF Ombudsman's appeal form should ensure that he has the necessary information.
Please see our FAS Booklet on how to make an appeal.
Trustees or managers may appeal in their own right against a scheme notification decision or a scheme eligibility decision. Instead of making an appeal yourself you may leave the trustees or managers to do so.
The PPF Ombudsman expects that, in practice, such appeals will normally be made by the trustees or managers of the pension scheme, rather than by individuals, as they are responsible for the scheme and will have the relevant information.
You can appoint someone to help you with your appeal. This person will be your representative.
Time limits
Once you receive a final decision from the FAS, you must act quickly if you want to appeal to the PPF Ombudsman. Fully completed appeals must be received within two months of the date of the scheme manager’s reconsidered decision. Only in exceptional circumstances can the PPF Ombudsman accept an appeal made outside the two month period.
What Happens Next?
After your appeal is received the PPF Ombudsman will send you a written acknowledgement. If the PPF Ombudsman cannot deal with your appeal he will tell you why. If your appeal is accepted the PPF Ombudsman will, after considering your appeal, decide what action if any the scheme manager should take. Papers provided by you will be copied to the other parties and for appeals about a scheme notification decision or a scheme eligibility decision they will also be made available to all other interested persons. There will be an opportunity for comments to be made.
If the PPF Ombudsman gives you a written decision after he has considered the appeal this is called a determination. The PPF Ombudsman's determination will be final and binding on you and the scheme manager and, where it relates to a scheme notification decision or scheme eligibility decision, also on all other interested persons unless there is a successful appeal to the courts on a point of law.
Oral hearings
The PPF Ombudsman may wish to meet the parties to an appeal before he issues his determination, to take evidence from them in person.
You can ask the PPF Ombudsman to hold an oral hearing, but he is not bound to agree. A request for an oral hearing must be made no later than within 28 days of when the PPF Ombudsman acknowledges receipt of the appeal.
If you want more detailed information about oral hearings read 'Oral Hearings – General Guidance for the Parties' (Adobe Acrobat PDF - 35Kb, PDF Help). You should read this carefully if you want to request or attend a hearing.
If you want to know about appeals in progress
If you think or know that the FAS has issued a scheme notification decision or a scheme eligibility decision in respect of one or more of your previous occupational pension schemes and you wish to know whether the PPF Ombudsman is considering any appeals about such a decision, you will find information about this under Current appeals – click here.
Information about ongoing appeals which concern an individual's personal rights to payments from the FAS are not publicised on the website. However, formal determinations of such appeals will usually be available for view - see Determinations – click here.
What if I am unhappy with the PPF Ombudsman's service?
If you wish to complain formally about the PPF Ombudsman's service and you have been unable to sort matters out with the person dealing with your appeal or their manager, please write to the Casework Director at the Office of the PPF Ombudsman.
If you remain unhappy you can ask your Member of Parliament to refer the matter to the Parliamentary Commissioner for Administration (the Parliamentary Ombudsman). For the Parliamentary Ombudsman's address see Links on the menu bar.
For information about interested persons click here.