Where to find the FOS guidelines and policy ?
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Several writers have asked me where the FOS publishes its guidelines and policy. The answer is hidden away on the FOS intranet not accessible to the public  ( The Principal Ombudsman referred to one of these when paying back the tax error made by the Ombudsman in my case).  There is something called the "Knowledge and Information Toolkit" but it is not public. But guidelines are available elsewhere too, but hidden away in the "publications" section of the FOS website.

When the Government finally gets round to making FOS subject to the Freedom of Information Act, Now promised for October 2011, we may be able to get access to the in-house guidelines, but in the meantime FOS does publish some guidelines.

Based on my case, (where I was not notified that FOS actually had guidelines, nor that they had been ignored), I would suggest that before accepting any FOS 'decision', complainants should specifically ask the Adjudicator and/or Ombudsman whether FOS has any guidelines (available to the public or otherwise) covering the area being considered and whether the decision complies with these, ask for a copy of the guidelines and check them.

REGULATORY STRUCTURE (for experts only)
The FOS is authorised by the Financial Services and Markets Act (FSMA)

A link to this complex and wordy legal document is here,
http://www.opsi.gov.uk/acts/acts2000/ukpga_20000008_en_1

REGULATORY STRUCTURE (for experts only)
The FSA's Handbook also contains much information and guidance on how FOS should operate
This is more practical, but still hard work. DISP2 mentions the FOS.

http://fsahandbook.info/FSA/html/handbook/DISP/2
See the bottom of this page for a bizarre example of how the Chief Ombudsman interpreted these instructions

FOS CONSUMER FACTSHEETS
http://www.financial-ombudsman.org.uk/publications/factsheets/index.htm
These are much easier to understand and cover a wide range of matters

FOS TECHNICAL BULLETINS
http://www.financial-ombudsman.org.uk/publications/technical.htm
This is a more comprehensive list of publications

FOS QUICK GUIDES
http://www.financial-ombudsman.org.uk/publications/technical.htm

FOS "OMBUDSMAN NEWS" series of newsletters...IMPORTANT SOURCE !
http://www.financial-ombudsman.org.uk/publications/ombudsman.htm
There are 85 of these newsletters at the time of writing and they have a lot of information in them.
They are searchable
from the page I link to above, I suggest a good look through these.

Two useful editions of Ombudsman News
How we use 'interest' to calculate financial awards Ombudsman News No.33
Is Compensation taxable ? Ombudsman News No.43

IMPORTANT   Ombudsman News contains a disclaimer that information published in it should not be relied upon, and the word "guidelines" seldom appears, if at all, but the articles do describe FOS policy and procedures and how the FOS is thinking, and this use was recognised by Lord Hunt, who criticised FOS for doing this.

"FOS uses it to convey their approach to categories of cases where clear decisions have been reached.
"it is odd to use a magazine format as the main reference digest for significant decisions"

Lord Hunt knew how FOS were using Ombudsman News, he knew it was unsatisfactory and recommended that FOS publish a proper means of recording and promulgating details of its developing practice and decisions, this document to include suggestions made in 2004 (!) by a previous Review of FOS. He called it the FOSBOOK, but nothing has been forthcoming as far as I know and for the moment all the public have to go on is Ombudsman News.

In view of Lord Hunt's comments on the information published in Ombudsman News, I am surprised that FOS feel that they can get away with a disclaimer to suggest that O.N. should not be relied on, especially as they DO publish information in O.N and DON'T publish proper guidance elsewhere.

This is what Lord Hunt said in his report about Ombudsman News and the suggested FOSBOOK:

 

Example of how FOS interprets the FSA Handbook instructions
When I pointed out that the Ombudsman was required by the FSA to consult (amongst other things) "regulators rules and guidance and standards", the Chief Ombudsman told me told me*** that this referred to "guidance from the FSA and other regulators - not information published by the ombudsman service".

So it seems that an FOS Ombudsman is not require to follow guidelines published by the ombudsman service !
I wonder why they bother to have them. Mr Merricks did not explain which other regulators he had in mind, which provide better guidance on settling financial disputes than his own organisation which is the national expert body in this field. Mr Merricks has left the FOS.          
***
letter from W Merricks to Tim Boswell MP dated 29 Jan 2008

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