DISP 1.10 Complaints reporting rules

DISP 1.10.1R03/12/2015

(1)
Unless (2) applies, twice a year a firm must provide the FCA with a complete report concerning complaints received from eligible complainants.10
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(2)
If a firm has permission to carry on only credit-related regulated activities or operating an electronic system in relation to lending and has revenue arising from those activities that is less than or equal to £5,000,000 a year, the firm must provide the FCA with a complete report concerning complaints received from eligible complainants once a year.10
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(3)
The report required by (1) and (2) must be set out in the format in DISP 1 Annex 1R.10
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(4)
Paragraphs (1) and (2) do not apply to a firm with only a limited permission unless that firm is a not-for-profit debt advice body that at any point in the last 12 months has held £1 million or more in client money or as the case may be, projects that it will hold £1million or more in client money in the next 12 months.10
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DISP 1.10.1-AG03/12/2015

A firm with only a limited permission to whom DISP 1.10.1R(1) and (2) do not apply is required to submit information to the FCA about the number of complaints it has received in relation to credit-related activities under the reporting requirements in SUP 16.12 (see, in particular, data item CCR007 in SUP 16.12.29CR). A firm with limited permission to whom DISP 1.10.1R (1) and (2) do not apply is also subject to the complaints data publication rules in DISP 1.10A.10

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2Forwarded complaints10 2

DISP 1.10.1AR03/12/2015

A firm must not include in the report a complaint that has been forwarded in its entirety to another respondent under the complaints forwarding rules.10

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DISP 1.10.1BG03/12/2015

Where a firm has forwarded to another respondent only part of a complaint or where two respondents may be jointly responsible for a complaint, then the complaint should be reported by both firms.10

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Joint reports10 2

DISP 1.10.1CR03/12/2015

Firms that are part of a group may submit a joint report to the FCA. The joint report must contain the information required from all firms concerned and clearly indicate the firms on whose behalf the report is submitted. The requirement to provide a report, and the responsibility for the report, remains with each firm in the group.10

DISP 1.10.1DG03/12/2015

Not all the firms in the group need to submit the report jointly. Firms should only consider submitting a joint report if it is logical to do so, for example, where the firms have a common central complaints handling team, the same accounting reference date and are all subject to the same reporting frequencies and submission deadlines.10

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Information requirements10 2

DISP 1.10.2R03/12/2015

Part A of DISP 1 Annex 1R requires (for the relevant reporting period) information about:10

(1)
the total number of complaints received by the firm; 10
(2)
the total number of complaints closed by the firm: 10
1. (a)
  within four weeks or less of receipt;10
2. (b)
  more than four weeks and up to eight weeks of receipt; and10
3. (c)
  more than eight weeks after receipt;10
(3)
the total number of complaints: 10
1. (a)
  upheld by the firm in the reporting period; and 10
2. (b)
  outstanding at the beginning of the reporting period; and10
(4)
the total amount of redress paid in respect of complaints during the reporting period.10

DISP 1.10.2-AR03/12/2015

Part B of DISP 1 Annex 1R requires (for the relevant reporting period) information about:10

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(1)
the total number of complaints received by the firm;10
(2)
the total number of complaints closed by the firm;10
(3)
the total number of complaints:10
1. (a)
  upheld by the firm in the reporting period; and10
2. (b)
  outstanding at the beginning of the reporting period; and10
(4)
the total amount of redress paid in respect of complaints during the reporting period.10

DISP 1.10.2AR07/03/2016

(1)
Twice a year a firm must provide the FCA with a complete report concerning complaints received from eligible complainants about matters relating to activities carried out by its employees when acting as retail investment advisers. The report must be set out in the format in DISP 1 Annex 1C R.10
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(2)
DISP 1 Annex 1C R requires (for the relevant reporting period) information about:10
1. (a)
  the total number of complaints received by the firm about matters relating to activities carried out by its employees when acting as retail investment advisers;10
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2. (b)
  the total number of complaints closed by the firm about matters relating to activities carried out by its employees when acting as retail investment advisers;10
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3. (c)
  the total number of complaints upheld by the firm about matters relating to activities carried out by its employees when acting as retail investment advisers; and10
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4. (d)
  the total amount of redress paid in respect of complaints upheld during the reporting period about matters relating to activities carried out by its employees when acting as retail investment advisers.10
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(3)
For the purposes of DISP 1 Annex 1C R retail investment adviser information must be reported by: 11
10
1. (a)
  11the employee’s Individual Reference Number (IRN); or
2. (b)
  11in the case of an employee of a relevant authorised person who is performing an FCA-specified significant harm function and has no IRN:
  1. (i)
    the employee’s National Insurance (NI) number and date of birth; or
  2. (ii)
    if the employee has no NI number, the employee’s date of birth, current passport number and nationality.

DISP 1.10.3G07/03/2016

For the purposes of DISP 1.10.2R, DISP 1.10.2-AR and DISP 1.10.2AR, when completing the return, the firm should take into account the following matters.10

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(1)
If a complaint could fall into more than one category, the complaint should be recorded in the category which the firm considers to form the main part of the complaint.10
(2)
Under DISP 1.10.2R(3)(a) or DISP 1.10.2-AR, a firm should report any complaint to which it has given a response which upholds the complaint, even if any redress offered is disputed by the complainant. For this purpose, 'response' includes a response under the complainant's written acceptance rule (DISP 1.6.4R) and a final response. Where a complaint is upheld in part, or where the firm does not have enough information to make a decision yet chooses to make a goodwill payment to the complainant, a firm should treat the complaint as upheld for reporting purposes. However, where a firm rejects a complaint, yet chooses to make a goodwill payment to the complainant, the complaint should be recorded as 'rejected'.10
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(3)
If a firm reports on the amount of redress paid under DISP 1.10.2R(4), DISP 1.10.2-AR(4) or DISP 1.10.2AR, redress should be interpreted to include an amount paid, or cost borne, by the firm, where a cash value can be readily identified, and should include:10
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1. (a)
  amounts paid for distress and inconvenience;10
2. (b)
  a free transfer out to another provider which transfer would normally be paid for;10
3. (c)
  goodwill payments and goodwill gestures;10
4. (d)
  interest on delayed settlements;10
5. (e)
  waiver of an excess on an insurance policy; and10
6. (f)
  payments to put the consumer back into the position the consumer should have been in had the act or omission not occurred.10
(4)
If a firm reports on the amount of redress paid under DISP 1.10.2R(4), DISP 1.10.2-AR(4) or DISP 1.10.2AR, the redress should not, however, include repayments or refunds of premiums which had been taken in error (for example where a firm had been taking, by direct debit, twice the actual premium amount due under a policy). The refund of the overcharge would not count as redress.10
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[Note: See SUP 10A.14.24R for the ongoing duty to notify complaints about matters relating to activities carried out by an employee when acting as a retail investment adviser.] 10

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DISP 1.10.4R03/12/2015

Unless DISP 1.10.4AR applies, the relevant reporting periods are:10

(1)
the six months immediately following a firm's accounting reference date; and 10
(2)
the six months immediately preceding a firm's accounting reference date. 10

DISP 1.10.4AR03/12/2015

If a firm has permission to carry on only credit-related regulated activities or operating an electronic system in relation to lending and has revenue arising from those activities that is less than or equal to £5,000,000 a year, the relevant reporting period is the year immediately following the firm's accounting reference date.10

DISP 1.10.5R03/12/2015

Reports are to be submitted to the FCA within 30 business days of the end of the relevant reporting periods through, and in the electronic format specified in, the FCA Complaints Reporting System or the appropriate section of the FCA website.10

DISP 1.10.6R03/12/2015

If a firm is unable to submit a report in electronic format because of a systems failure of any kind, the firm must notify the FCA , in writing and without delay, of that systems failure.10

DISP 1.10.6AR03/12/2015

(1)
5If a firm does not submit a complete report by the date on which it is due, in accordance with DISP 1.10.5 R, the firm must pay an administrative fee of £250.10
(2)
The administrative fee in (1) does not apply if the firm has notified the FCA of a systems failure in accordance with DISP 1.10.6 R.10

DISP 1.10.7R03/12/2015

A closed complaint is a complaint where:10

(1)
the firm has sent a final response; or10
(2)
the complainant has indicated in writing acceptance of the firm's earlier response under DISP 1.6.4 R.10 3 17
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DISP 1.10.8G03/12/2015

[deleted]10 3 17

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Notification of contact point for complainants

DISP 1.10.9R03/12/2015

For the purpose of inclusion in the public record maintained by the FCA, a firm must:10

(1)
provide the FCA, at the time of its authorisation, with details of a single contact point within the firm for complainants; and10
(2)
notify the FCA of any subsequent change in those details when convenient and, at the latest, in the firm's next report under the complaints reporting rules.10

Meaning of revenue

DISP 1.10.10G03/12/2015

6 18In DISP 1.10, references to revenue in relation to any firm do not include the amount of any repayment of any credit provided by that firm as lender.10

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