Guidance

Judicial Pension Scheme: internal dispute resolution procedure

Updated 19 April 2023

Introduction

1. This procedure relates to expressions of dissatisfaction and complaints:

between the administrators of the Judicial Pension Schemes (JPS), XPS Administration Ltd and a person with an interest in a pension scheme established under:

• the Judicial Pensions Act 1981 (JPS 1981);
• the Judicial Pension Scheme 2015 (JPS 2015); or
• the Judicial Pension Scheme 2022 (JPS 2022); or
• the Judicial Pensions (Fee-Paid Judges) Regulations 2017 (FPJPS); and/or

between the Scheme Manager (or his delegate, the Ministry of Justice (MoJ)) and a person with an interest in the JPS;

2. If an interested person is aggrieved by any decision taken in relation to the administration of his/her entitlement or concerning the interpretation of the JPS Regulations, he or she has the right of appeal against that decision.

3. For formal complaints under the IDRP please refer to the section below entitled “Internal Dispute Resolution Procedure”. This is a two-stage procedure. Prior to submitting an appeal to the Scheme Manager, a complainant is expected to approach XPS if the complaint relates to an administrative matter, otherwise the complaint may be addressed to the MoJ.

Alternatively, formal complaints from JPS 1981, JUPRA or FPJPS members may be processed under The Judicial Pensions (Appeals) Regulations 1995. Please refer to the section below entitled “Appeals for Connected Schemes”.

Who can complain?

4. An “interested person” is defined as someone who:

• is a member or beneficiary of the JPS;
• is a prospective member of the JPS;
• has ceased to be a member or beneficiary of the JPS or a prospective member; or
• claims to be in one of the categories mentioned above and the dispute relates to whether or not he or she is such a person.

5. A complaint may be made or continued on behalf of an interested person

• where the complainant dies, by his or her personal representative;
• where the person is a minor or is otherwise incapable of acting for him or herself, by a member of his or her family or some other person suitable to represent him or her; and
• in any other case, by a nominated representative.

Complaints or Expressions of Dissatisfaction

The attached form should be completed, detailing your complaint or concern, and returned to XPS or Ministry of Justice’s Pensions Operations (POps) team as appropriate. A response will be provided within two months and no later than four months and fifteen days (for appeals) of receipt.

How to complain

Internal Dispute Resolution Procedure (IDRP)

Stage One

1. A complaint must be made within three months of the initial decision to which the complaint relates and will only be allowed outside this period in exceptional circumstances.

2. The complainant should request of XPS or MoJ POps, as appropriate, a written explanation of the decision under dispute.

3. XPS or the MoJPOps team will provide the complainant with a written explanation no more than two months after receiving the complaint. This is the IDRP Stage One decision.

4. If a decision cannot be made in that time, the Scheme Manager will send a reply to the complainant explaining the delay and offering a realistic date for a full reply.

5. If the written explanation fails to resolve or clarify the dispute, the complainant has the right to appeal further, under Stage Two of the IDRP.

Stage Two

1. The complainant should request of the MoJ POps team the form required to lodge an appeal.

2. The complainant should complete the relevant sections of the form and submit it to the Scheme Manager within six months of the Stage One decision. The appeal must state the reasons why the complainant believes the Stage One decision to be incorrect.

3. The Scheme Manager will, upon receipt, refer the appeal against the Stage One decision to the Judicial Pension Board (JPB) for consideration.

4. The JPB will consider the appeal after which the Independent Chair of the JPB will make a recommendation to the Scheme Manager.

5. The Scheme Manager will consider the JPB’s recommendation and make a decision. This is the Stage Two decision. The Stage Two decision will be made within four months of receipt of the appeal and communicated to the complainant within fifteen days thereafter. The decision will include an explanation of how the decision was reached and refer to any documents upon which it is based. It will also explain the complainant’s rights in relation to further resolution options, including a statement that the Pensions Ombudsman Service (TPO) may investigate and determine any complaint or dispute of fact or law, and provide the TPO’s contact details.

6. If a decision cannot be made in that time, the Scheme Manager will send a reply to the complainant explaining the delay and offering a realistic date for a full reply.

7. If the Scheme Manager does not follow the recommendation of the JPB, formal written reasons will be provided to the JPB in time for its next scheduled meeting, if practicable.

Further consideration

The TPO can help complainants with any difficulties they are unable to resolve with the Scheme Manager.

If the complainant wishes to challenge the Stage Two decision or the Lord Chancellor’s decision under the 1995 Appeal Regulations, the TPO is also available to investigate the handling of the complaint. The TPO normally expects complainants to have been given the Stage One and Two decisions under the IDRP (or 1996 Appeal Regulations as applicable) and to have asked TPO for the help in the dispute resolution.

Exempted disputes

There are certain exempted complaints to which this procedure does not apply; these include where proceedings in respect of the complaint have been commenced in any court or tribunal, or where the TPO has commenced an investigation in respect of it. If this situation arises after a complaint has been made under this procedure but before a decision is made, the procedure will be suspended.

Data Protection and the General Data Protection Regulations

In order to process your complaint, you will need to provide relevant evidence and information. This is likely to include personal data which will be processed in accordance with the JPS Privacy Notice.

This information may be passed on to the Scheme Administrator, XPS; the Scheme Actuary, the Government Actuary’s Department or the Scheme’s Legal Advisor, the Government Legal Department.

It may also be necessary to process special categories of sensitive personal data for the purposes of considering and deciding your complaint (to comply with legal obligations or to defend a claim); this includes data concerning health or sexual orientation.

Appeals for connected schemes

The procedure for any appeal in relation to a Connected Scheme will follow The Judicial Pensions (Appeals) Regulations 1995. This is a separate appeal route available to JPS 1981, JUPRA or FPJPS members in place of Stages One and Two of the IDRP, as set out above.

1. In the first instance the appeal should be raised with XPS or the MoJ Pops team (as appropriate) in the same manner as Stage One of the IDRP.

2. Provide a notice of appeal to the Appropriate Minister no later than two months after the date the administrators notify him or her of their decision.

The Appropriate Minister may refer the appeal to the JPB to provide a recommendation.

Contacts

XPS Administration Limited

XPS Administration Limited
Building Two
Centre Square
Middlesbrough
TS1 2BF

Email: mojadmin@xpsgroup.com

Ministry of Justice Pensions Operations Team – please use judicial pensions email address (below) for all complaints correspondence:

Pensions Operations Team
Ministry of Justice
10 South Colonnade, 3rd Floor
Canary Wharf
E14 4PU

Email: jpsgovernance@justice.gov.uk

Pensions Ombudsman Service

Pensions Ombudsman Service
10 South Colonnade
Canary Wharf
E14 4PU

Telephone: 020 7630 2200
Email: enquiries@pensions-ombudsman.org.uk
Web: www.pensions-ombudsman.org.uk