FAQ

Do you deal with insurance complaints?

No.  We can only investigate complaints about the regulators.  Complaints about insurance companies should, in the first instance, be directed to the insurance company and then, if you are still unhappy, to the Financial Ombudsman Service.

Do you deal with banking complaints?

No.  We can only investigate complaints about the regulators.  Complaints about banks, in the first instance, be directed to the bank and then, if you are still unhappy, to the Financial Ombudsman Service.

Who appoints the Commissioner?

The Commissioner’s appointment is confirmed by HM Treasury, although recruitment for the role is jointly undertaken by the three regulators.

Are there any deadlines for making a complaint?

The Complaints Commissioner is the independent person appointed by the Regulators to be responsible for the conduct of investigations in accordance with the Scheme. You can contact the Complaints Commissioner for a review of my decision if you are unhappy with it. A referral should usually be made within three months of the date of this letter. Although the Commissioner can consider complaints received more than three months after the decision, this is done only if there are exceptional circumstances for the delay. The Commissioner  will expect the complainant to provide a clear explanation of why the complaint was sent late. This does not guarantee that the Commissioner will subsequently investigate the complaint. The Commissioner will consider your explanation of why the complaint was sent late and then decide whether there is good reason to consider the matter.

If I do not agree with the Commissioner’s decision what can I do?

Once the Commissioner has issued their decision it concludes their involvement in a complaint.  A complainant who wishes to challenge the Commissioner’s decision can apply to the High Court (at their own expense) to seek leave to apply for a judicial review of the Commissioner’s decision. The Court itself has to give leave before it considers whether or not there should be a judicial review of the decision.  An application for leave to apply for judicial review must be made to the Administrative Court Office at the Royal Courts of Justice Justice in London or at the District Registry of the High Court in either Birmingham, Cardiff, Leeds or Manchester within three months of the date of the Commissioner’s decision letter. A complainant who wishes to consider doing this may wish to seek their own legal advice (which will be at their own cost) before approaching the High Court, since complex legal issues may arise.

Does my Report have to be published?

We usually publish our decisions on the complaints we receive. The information published will not name the complainant or any individual involved with the complaint. They will usually be published no earlier than two weeks after the date of the final decision.

 Are Reports anonymised on publication?

Yes.  Only anonymised reports are published.

How long will an investigation into my complaint take?

We will acknowledge complaints within three working days. We aim to issue a Preliminary Report within twelve weeks and a Final Report within sixteen weeks, although some complaints may take longer. We update complainants every four weeks.

How do I make a complaint?

Our preferred method of communication is through email or letters. However, we will aim to assist you in using our service in a way that is most convenient for you. We will take reasonable steps to accommodate your request to communicate in a specified way, subject to the impact this may have on our workload and the costs involved.

Complaints should explain why the complainant is unhappy with the regulator’s decision on their complaint.
It is not necessary to provide copies of the correspondence which has been exchanged with the regulator, as we will obtain a full copy of the regulator’s investigation file as part of our investigation.  It is however useful if the complaint makes it clear which regulator is being complained about and the regulator’s complaint reference number.

 

Can I make a complaint on behalf of someone?

Complaints can be made by anyone who is directly affected by the way in which the regulators have carried out their functions, or anyone acting directly on such a person’s behalf, provided that the complaint meets the requirements of the Scheme. If you are making a complaint on behalf of someone, the Commissioner will require a letter of authority from the person/s you are representing before reviewing the complaint.