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Feedback and complaints

The East Riding Pension Fund (ERPF) values all feedback from members, as it helps us review, improve and maintain high standards of service. Feedback, whether positive or negative, plays an important role in ensuring our processes remain effective, up to date and fit for purpose.

If you would like to provide positive feedback about your experience with the ERPF, you can do so via the council's website:

eastriding.gov.uk/feedback-complaints-comments-and-compliments (external council website)

If you are dissatisfied with any aspect of your Local Government Pension Scheme (LGPS) membership or benefits, we encourage you to contact the ERPF in the first instance who would welcome the opportunity to try and resolve the matter informally where possible, by checking for any misunderstandings or inaccuracies.

• Email erpf@eastriding.gov.uk
• Call the pension helpline on (01482) 394113.

If you remain dissatisfied following this information process, you have the right to have your complaint independently reviewed under the Internal Disputes Resolution Procedure (IDRP).

The IDRP is a two-stage process designed to consider complaints relating to pension decisions made by either your employer or the administering authority.

The IDRP is available to prospective, active, deferred, pensioner and dependant members for instances where you are unhappy with a decision about your pension benefits. An IDRP appeal must be submitted within 6 months of the original decision date.

You may appoint someone to act on your behalf during the process, such as a relative, friend or trade union representative. The administering authority for the ERPF is East Riding of Yorkshire Council.

All complaints are treated seriously and will be considered thoroughly, impartially and fairly. Please note: under the Pensions Act 1995, the IDRP cannot be used where the matter is already the subject of proceedings before a court or tribunal.

If your complaint is in relation to your personal data (e.g. how it has been collected, used, stored, shared or other processed by the administering authority, a scheme employer, or their service providers.) See data subject complaint section below.

How to make a formal complaint using the IDRP

If you wish to make a formal complaint under the Internal Dispute Resolution Procedure (IDRP), you should submit your complaint in writing by letter, or via email to erpf@eastriding.gov.uk, providing:

• your full name, address and National Insurance number
• the details of your complaint
• the decision or action you are disputing
• why you believe the decision is incorrect
• any supporting documents or evidence relevant to your case.

Your complaint should be submitted as soon as possible following the decision or action you are challenging.

Stage 1

If you decide to make a formal complaint, you should request an application form from us and return it along with any supporting documents you wish to submit. Submissions should be made within six months of the date of the decision you want to complain about.

At Stage 1, your complaint will be considered by the person specified by either your employer or the administering authority to deal with IDRP applications. They will review the details of your case and provide you with a written decision within two months, including the reasons for that decision. If it is not possible for a decision to be made within two months, the adjudicator will notify you, in writing, of the reason for the delay and when you can expect to receive a decision.

If the adjudicator's decision is contrary to the decision you complained about, the employer or the administering authority may now have to deal with your case in accordance with the adjudicator's recommendations.

Stage 2

If you remain dissatisfied with the outcome at Stage 1, you may ask for your complaint to be reviewed at Stage 2. This review will be carried out by the administering authority, East Riding of Yorkshire Council, or by a person appointed on its behalf.

You can refer your complaint to Stage 2 of the IDRP:

• if you are still dissatisfied with the decision
• if the adjudicator has not made a decision or sent you a letter of explanation within three months of your application, or
• where an interim letter of explanation has been sent, but the adjudicator has failed to issue the decision within one month of the expected date given in that letter.

To submit your application at Stage 2 of the IDRP, please contact ERPF within six months of the adjudicator’s Stage 1 decision. This review will be undertaken by a person who has no involvement in the Stage 1 decision. East Riding of Yorkshire Council's Pensions Committee has given approval for the Pensions Manager to be the point of referral for Stage 2 disputes.

The Stage 2 decision will also be provided in writing and will confirm the reasons for the decision reached.

Further assistance

If, after completing the IDRP process, you remain dissatisfied, you may be able to seek further assistance from:

• The Pensions Ombudsman
• MoneyHelper.

Data subject complaints

If your complaint relates to your personal data (for example, how it has been collected, used, stored or shared by the administering authority, a scheme employer, or their service providers), you have the right to raise a data subject complaint.

You can do this by contacting the East Riding of Yorkshire Council directly by email at:

data.protection@eastriding.gov.uk

Data subject complaints are handled differently from other complaints under the Internal Dispute Resolution Procedure (IDRP). If your complaint includes both data protection and non-data protection issues, the administering authority or scheme employer (as appropriate) may either:

• treat the whole complaint as a data subject complaint, or
• separate the issues and deal with each part under the relevant procedure.

When dealing with a data subject complaint, the administering authority or scheme employer will:

• acknowledge your complaint within 30 days of receiving it
• take appropriate steps to investigate and respond without unnecessary delay, keeping you informed of progress
• provide a clear outcome as soon as possible, including details of any action taken to resolve the issue (where relevant).

Other useful contacts

You can contact The Pensions Advisory Service (TPAS) at any point during the procedure if you are having difficulties resolving a complaint as they provide free advice and information to explain your rights and responsibilities. A TPAS adviser cannot force a pension scheme to take a particular step but if they feel your complaint is justified, they will try and resolve the problem through conciliation and mediation.

Where the complaint or dispute cannot be resolved after the intervention of TPAS you have three years from the date of the original decision in which to apply to the Pensions Ombudsman Service for adjudication.

The Pensions Ombudsman Service is completely independent and acts as an impartial adjudicator whose role and powers have been decided by Parliament. The Pensions Ombudsman Service can investigate any type of complaint about your pension but first you must have been through Stages 1 and 2 of the IDRP. However, if you have a complaint about the way your case has been handled you can contact the Pensions Ombudsman Service before your case has been completed under the IDRP.

The Pensions Ombudsman Service decision is final and binding on all the parties, subject to any appeal made to the High Court on a point of law.

The Pensions Advisory Service (TPAS)

11 Belgrave Road
London
SW1V 1RB

Telephone: 0800 011 3797
Email: enquiries@pensionsadvisoryservice.org.uk

Pensions Ombudsman Service

10 South Colonnade
Canary Wharf
London
E14 4PU

Email: helpline@pensions-ombudsman.org.uk
Telephone: 0800 917 4487
Website: pensions-ombudsman.org.uk (external website).

These organisations provide free and impartial guidance and support in relation to pension disputes and complaints.