Ombudsman renews attack on pensions lawyers

PENSIONS: judiciary becoming more ombudsman friendly

Pensions lawyers are using 'delaying' and 'frustrating' tactics on behalf of their clients rather than tackling the substance of complaints against them, the Pensions Ombudsman claimed this week in his annual report.

In what has become an annual slap on the wrist for pensions lawyers, solicitor Julian Farrand used his report to highlight what he described as a 'developing inclination' among solicitors to ask for the determination of preliminary issues or further and better particulars of complaints against their clients, rather than dealing with the actual complaints.

While accepting that in principle there was nothing wrong with such requests, Dr Farrand said he would not let attempts to subvert or frustrate the speedy working of the ombudsman's office succeed.

However, Dr Farrand did have some good words to say about the profession.

One reason for his office's increasing productivity might be due to 'decreasing hindrance from lawyers', he conceded.

There was also praise for the judiciary, whose decisions over the year appeared to show they were becoming more 'ombophile' than 'ombosceptic', he said.

Nevertheless, the report called for the end of the automatic right of appeal against his determinations'.

Instead, appeals 'ought to require permission from the ombudsman or the court', he concluded.

Dr Farrand made 619 determinations in the year up to 31 March 2000 and found in favour of the complainant to some extent in 56% of them.

Sue Allen