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