Investigation of a complaint about the Financial Services Commission (FSC)

About the complaints process

We have arrangements in place for the investigation of complaints made against us. This is part of the system of checks and balances on the way we use our powers.

Handling of a complaint

We will investigate complaints and take whatever action to resolve the matter we think appropriate.

What complaints can the complaints process deal with?

The complaints scheme covers any expression of dissatisfaction about the way we have carried out or failed to carry out our role. This includes complaints about mistakes or lack of care, unreasonable delay, unprofessional behaviour, bias and lack of integrity by our staff in their day to day work. There are some complaints that we will not consider under the complaints process. Those are listed below.

(If you are seeking to make a complaint about a firm, please click here to view the process for this.)

Who can complain?

Anyone who is directly affected by the way we have carried out our functions. This includes private individuals, regulated firms, employees of regulated firms, listed companies and those authorised to deal with a complaint for someone, such as lawyers or personal representatives.

Who do I complain to?

You should raise your complaint with your regular contact within the FSC. If you feel that is not appropriate, or you have no such point of contact, you should complain to the Chief Executive Officer. Contact details are given on our website.

How do I complain?

If you wish to make a complaint about us, please write to us. (this includes e-mail). In order to ensure that we can conduct a full investigation please provide as much detail as possible. In order to ensure investigations are carried out in a thorough and efficient manner we cannot investigate complaints which are not made in writing

How will my complaint be dealt with?

Once we have received a complaint from you, we will decide whether it is a complaint that can be investigated under the complaints process. If we consider that it can, it will be entered on the central Complaints Register. You will receive an acknowledgement within five working days of receipt of the complaint. If we decide not to investigate the complaint, we will write to you within ten working days of receiving it to tell you about the decision and give you reasons for it. If we decide to investigate a complaint, the investigation will be carried out by a senior member of staff, who has not been involved in the matter you have complained about. The complaint will be investigated as quickly as possible. If the investigation is not completed within four weeks, you will be contacted and given a likely completion date. We will aim to ensure that we complete the investigation of a complaint within eight weeks.

What happens if my complaint is upheld?

We will write to you to tell you what steps are to be taken to remedy the matters you have complained about. This may include, for example, a suitable apology or a decision to change the way we work.

What happens if my complaint is rejected?

We will write to you to give you our reasons for rejecting your complaint.

What if I am unhappy with the outcome, or if I am not satisfied with the progress of the investigation of the complaint?

You may refer the complaint to the Chairman. Under the Financial Services Commission Act 1989, If at any time it appears to the Chairman that the Commission has failed to comply with any of the provisions of the Acts under which it has a duty, the Chairman may require the Commission to make good the default within a specified time

Is there a time limit on making a complaint?

Yes. You should complain within 12 months of the date on which you first became aware of the circumstances of the complaint. If made later than this, your complaint will only be investigated if you can show a good reason for the delay.

Does it cost anything?

No. There is no charge for the investigation of a complaint.

Exclusions

The following complaints are excluded from the complaints scheme;

If you are in any doubt about how you should complain, please contact the Chief Executive Officer, whose details are contained on our website.