Pensions Ombudsman responds to Court of Appeal’s finding in CMG judgment

Following the recent decision of the Court of Appeal in The Pensions Ombudsman v CMG Pension Trustees Ltd & Anor, the Ombudsman stated that it was “disappointed ” that the Court had decided the Ombudsman was not a “competent court” for the purposes of concluding overpayment disputes where recoupment is sought. 

On December 20, 2023, the Ombudsman reported on its website that in response to the ruling, the DWP is supporting legislative changes that would formally empower the Ombudsman to bring an outstanding overpayment dispute to an end without the need for a County Court order.

The Ombudsman has created an updated factsheet providing guidance on how overpayment disputes should be managed. In practice it is hoped that this additional step should not prove unduly burdensome, as the role of the County Court here is only to enforce the Ombudsman’s Determination, and not to reconsider the merits of the complaint.