Context
In October 2021 the FOS published a consultation paper which set out the temporary amendments proposed to make to the way it reports business-specific complaints data, particularly the ‘uphold rate’.
The Covid-19 pandemic resulted in a substantial increase in customer demand: in 2020/21 the service received in excess of 60% more non-PPI complaints than it had budgeted and planned for. To combat this the FOS is exploring, and implementing, a range of initiatives and innovations to enable it to move faster and help more customers.
Key points to note
- The consultation was open between 4th October and 18th October 2021.
- 64 submissions were received from stakeholders; 42 responses addressed the specific consultation questions and a further 22 responses with more general feedback or views on particular point.
- The FOS has confirmed that it will be implementing a time-limited change to the way in which it publishes outcome data. This means that for complaints already referred to the FOS, a separate category will be created to record any complaint within this population that is proactively settled by a business before the FOS has issued its opinion.
- The FOS has implemented a ‘cut-off’ date of 31st October 2021 for complaints to be in scope; any complaint deemed chargeable by the Financial Ombudsman on or after 1st November 2021 will not be in scope.
- From 1st April 2022 the FOS will revert to its current method of recording outcomes of complaints.
- FOS will also be making an amendment to its original proposal. Reservations were expressed about the approach to relaying proactive offers to customers. It was envisaged that the FOS should present offers from businesses ‘neutrally’ to customers – making it clear that in putting the offer forward, FOS could not confirm whether it thought the offer was fair or not. Concerns were raised about how this approach could inadvertently present a risk to fair and consistent outcomes for consumers, as well as impact the ultimate effectiveness of the initiative. The FOS has reflected on this feedback and agrees that it would be better for all parties for the Financial Ombudsman to review the fairness and reasonableness of any offer communicated through this process. Where an offer appears to be fair and reasonable, FOS will put it forward to the customer. Where it does not consider it obviously fair and reasonable, FOS will challenge it.
Next steps include:
- From 1st November the FOS will send businesses that qualified for H1 2021 data publication a listing of in-scope cases. It encourages any business that wasn’t included in the H1 2021 data publication that would like to see its list of in-scope cases to contact: technical.desk@financial-ombudsman.org.uk
- It will offer support, and actively work with, businesses that want to use this opportunity to help them settle cases in a fair and reasonable way.
- The FOS will continue to progress cases in scope, but will allow businesses additional time to review cases where they identify in advance that they are likely to make proactive offers.
Next actions
We suggest firms identify any cases which are currently with the FOS for review that fall within the scope of this temporary change and look to resolve them as soon as possible.