Complaints
You can download a guide to our complaints and review procedures 'What to do if you are not happy' or contact us to receive a printed copy. The full procedure for dealing with complaints is given below.
Procedure for Dealing with Complaints of Maladministration
Rule 2.2.8: "The FSCS must put in place and publish procedures which satisfy the minimum requirements of procedural fairness and comply with the European Convention on Human Rights for the handling of any complaints of maladministration relating to any aspect of the operation of the Compensation Scheme".
Introduction
A complaint of maladministration (in other words, administrative fault) relates to how the Scheme has made or managed a decision arising out of the exercise of it's function (as distinct from commercial or employee relations), but not the decision itself. For example, complaints of maladministration might include allegations of bias or a lack of integrity, unprofessional behaviour, disregarding rules or policies, overlooking or ignoring evidence or deliberate delay. Complaints of maladministration would not include disputes as to the interpretation or application of the law, rules or policies, or as to the credibility or weight of evidence or as to a decision generally.
Procedure
The procedure for dealing with complaints of maladministration is as follows:
1. When we receive your complaint it will be referred to, and investigated by, a manager immediately responsible for the person involved in the act or omission alleged to be maladministration, unless that manager was involved in the act or omission complained of.
If the complaint is against a manager, it will be referred to the Chief Executive, who will deal with it as set out below. If the complaint is against the Chief Executive, it will be referred to the Chairman to deal with at his discretion.
2. Within 3 working days of receiving the complaint the appropriate manager, as described in paragraph 1, will write to you to acknowledge the complaint and explain how it will be dealt with.
3. Within 10 working days of receiving the complaint, the appropriate manager, as described in paragraph 1, will write to you to report the outcome of the investigation. If the investigation has not been completed within 10 working days, the manager will write to tell you when they expect the investigation to be complete. If the outcome of the investigation is delayed, the manager will write to the you at least every 10 working days to update you on progress.
4. Before writing to you to report the outcome of the investigation, the manager, as described in paragraph 1, will refer the report to at least one other person of similar or more senior status (but not the Chief Executive) for review. That person may suggest matters that need further investigation before the outcome is reported to you. The manager need not carry out a further investigation but will notify that person if they decide not to do so.
5. If, following the manager's report you remain unsatisfied and renew the complaint, it will be referred to the Chief Executive. Within 3 working days of receiving the renewed complaint, the Chief Executive will write to tell you that a review, and any further investigation thought necessary, will be carried out.
6. The Chief Executive will review the complaint, and investigate as they think appropriate. The Chief Executive will report the outcome to you within 10 working days of receiving the complaint. If the review (or further investigations) are not complete by then, the Chief Executive will write to you to update you of the progress, and will do this at least every 10 working days.
7. Alternatively, the Chief Executive may refer the renewed complaint directly to an Independent Investigator appointed by the Scheme to investigate complaints of maladministration, in which case the Chief Executive will notify the Chairman accordingly.
8. If you remain dissatisfied after the Chief Executive's review and investigation, the Chief Executive will refer the complaint to the Independent Investigator. In exceptional circumstances the Chief Executive may ask the Board to decide whether to refer the complaint to the Independent Investigator.
9. The Independent Investigator will then investigate the complaint and report to you and to the Board. The Board will write to you with its response to the report as soon as practicable.
10. Save in exceptional circumstances, you must make any complaints of maladministration in writing within 6 months of the act or omission complained of.
11. If the subject matter of the complaint is also the subject of litigation, or other external or internal investigations, or similar proceedings, the report to you may be postponed until the outcome of the proceedings is known.
12. If your complaint is upheld, the report from the executive or the Board's letter will explain the facts and the maladministration, apologise and state what action has or will be taken to avoid any repetition in the future.
13. The Chief Executive will be kept informed about complaints by the Head of the Customer Services team.
14. The Board will receive a report of all complaints of maladministration received by the Scheme as part of the Chief Executive's half-yearly report, and the Annual Report of the Scheme will include a report on such complaints received during the year.
