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PensionsTuesday 10 November 2026

High Court gives guidance on the definition of “occupational pension scheme”

The High Court has given judgment in the case of R (Farrell) v Pensions Ombudsman [2026] EWHC 2812 (Admin), dismissing a claim for judicial review against the Pensions Ombudsman.  The case was about the extent of the Ombudsman’s jurisdiction to determine complaints in relation to an “occupational pension scheme” as defined in the Pension Schemes Act 1993.

The High Court held that the firefighters’ injury compensation scheme in question did not qualify as an “occupational pension scheme” for the purposes of giving the Pensions Ombudsman jurisdiction.  The case considered not only the rules of the scheme but also the approach to identifying an “occupational pension scheme” set out in the Court of Appeal’s judgment in Clark v Chief Constable of Derbyshire [2024] ICR 1147.

Edward Sawyer appeared as junior counsel for the Ombudsman.

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