The directions of the Ombudsman are enforceable through the County Court under the County Court (Pensions Ombudsman) (Enforcement of Directions and Determinations) Rules 1993 (SI No1978) which came into force on 1 September 1993. Under r2, where the Ombudsman directs the payment of money, the County Court Rules 1981 (SI No1687) dealing with the enforcement of payment of judgment debts apply to the direction as if it were a County Court judgment. When seeking enforcement in this way the applicant must file a copy of the Ombudsman's direction certified by the Ombudsman to be a true copy of the original.
Rule 3 of the 1993 Rules deals with the enforcement of a direction to take or refrain from taking any step other than the payment of money. Again, enforcement is subject to the County Court Rules and, in particular, Ord 29 dealing with committal for breach of an order or undertaking. An applicant must file with his request a copy of the Ombudsman's direction certified by the Ombudsman to be a true copy of the original.
The Ombudsman also has the same powers as a court regarding the attendance and examination of witnesses and the production of documents (s150(2) Pension Schemes Act 1993). As far as enforcement of these powers is concerned, s150(4) provides:
"If any person without lawful excuse obstructs the Pensions Ombudsman in the performance of his functions or is guilty of any act or omission in relation to an investigation ... which, if that investigation were a proceeding in the court, would constitute contempt of court, the Pensions Ombudsman may certify the offence to the court."
There have been cases where the Ombudsman has threatened contempt of court proceedings against respondents who were refusing to produce information requested during an investigation. If such proceedings take place then s150(5) provides:
"... the court may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person charged with the offence and hearing any statement that may be offered in defence, deal with him in any manner in which the court could deal with him if he had committed the like offence in relation to the court."
Contempt of court is a serious matter and in extreme cases can lead to imprisonment. Threats by the Ombudsman to bring such proceedings will usually succeed in obtaining the information required for the investigation.
