Advisers accuse FOS of ignoring their evidence in complaints

clock

The Financial Ombudsman Service (FOS) is failing to take all evidence into account when ruling on complaints against advisers, and is sometimes not giving reasons for its decisions, advisers have claimed.

Research commissioned by the Association of Professional Financial Advisers (APFA) and carried out by NMG Consulting, showed a third of advisers (34%) who have had complaints brought against them said the FOS ruling did not take account of their evidence in all cases.

One in 12 (8%) also said the reasoning for the FOS' decision was not always provided.

Overall however, the complaints picture looked positive for advisers as almost half (47%) of those with FOS complaints against them felt most cases were found in the firm's favour.

The FOS upheld less than half of complaints (42%) brought against advisers last year, it said.

APFA's research found fewer than one in five (18%) of advisers have had a complaint against their firm referred to FOS in the past three years.

APFA director general Chris Hannant (pictured) said it is "worrying" advisers feel the Ombudsman does not value the evidence they provide.

He said: "This issue may only be affecting a small number of advisers but it is nonetheless an important one. Advisers put a lot of time and effort into responding to complaints and presenting evidence to FOS and the Ombudsman should take this into account when ruling on cases.

"In addition, if advisers do not understand the reasoning behind FOS's decision they cannot do anything to ensure similar issues do not arise in the future."

He said APFA will continue to monitor the situation and "keep this issue [at the] front of the Ombudsman's mind".

The FOS said it always considers all the evidence when looking at complaints.

A spokesman said: "In every case we investigate we consider the evidence provided by both parties before reaching a decision of what we think is fair and reasonable in the circumstances."

More on Adviser / Broking

Understanding neurodiversity

Understanding neurodiversity

Promoting inclusion and the employers' role in the workplace

Dave Middleton
clock 10 May 2024 • 2 min read
Women in Protection 2024: Afternoon roundup

Women in Protection 2024: Afternoon roundup

Ending with inspiration

Cameron Roberts
clock 03 May 2024 • 2 min read
Women in Protection and Health Awards 2024: Gallery

Women in Protection and Health Awards 2024: Gallery

Our winners, pictured

COVER
clock 03 May 2024 • 1 min read

Highlights

COVER Survey: Advisers damning of protection insurer service levels

COVER Survey: Advisers damning of protection insurer service levels

"It takes longer than ever to get underwriting terms"

John Brazier
clock 12 October 2023 • 5 min read
Online reviews trump price for young people selecting life and health cover

Online reviews trump price for young people selecting life and health cover

According to latest ReMark report

John Brazier
clock 11 October 2023 • 2 min read
ABI members with staff neurodiversity policy nearly doubles

ABI members with staff neurodiversity policy nearly doubles

Women within executive teams have grown to 32%

Jaskeet Briah
clock 10 October 2023 • 3 min read