DISP 1.10 Complaints reporting rules

1. (1)

   Unless (2) applies, twice a year a firm must provide the FCA with a complete report concerning complaints received from eligible complainants.10

   618
2. (2)

   If a firm:13

   1. (a)

      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; or13

   2. (b)

      has permission to carry on only:14

      13
      1. (i)

         14regulated claims management activities; or

      2. (ii)

         14regulated funeral plan activities,

   the firm must provide the FCA with a complete report concerning complaints received from eligible complainants once a year.

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3. (3)

   The report required by (1) and (2) must be set out in the format in:13

   1. (a)

      DISP 1 Annex 1R, in respect of complaints which do not relate to regulated claims management activity or any activity ancillary to regulated claims management activity; 14

      13
   2. (b)

      DISP 1 Annex 1ABR, in respect of complaints relating to regulated claims management activity or any activity ancillary to regulated claims management activity; and14

      13
   3. (c)

      14DISP 1 Annex 1ACR, in respect of complaints relating to regulated funeral plan activities.

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4. (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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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

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

1. (1)

   Where a firm receives less than 500 complaints in a reporting period, Part A-1 of DISP 1 Annex 1 requires, for the relevant reporting period and in respect of particular categories of products:10

   1. (a)

      in Table 1, information about the total number of complaints received by the firm and the cause of the complaint;10

   2. (b)

      in Table 2, information about the number of complaints that were:10

      1. (i)

         closed or upheld within different periods of time; and10

      2. (ii)

         the total amount of redress paid by the firm in relation to complaints upheld and not upheld in the relevant reporting period; and10

   3. (c)

      in Table 3, information providing context about the complaints received.10

2. (2)

   Where a firm receives 500 or more complaints in a reporting period, Part A-2 of DISP 1 Annex 1 requires, for the relevant reporting period and in respect of particular categories of products:10

   1. (a)

      in Table 4, information about the total number of complaints received by the firm and the cause of the complaint;10

   2. (b)

      in Table 5, information about the number of complaints that were:10

      1. (i)

         closed or upheld within different periods of time; and10

      2. (ii)

         the amount of redress paid by the firm in relation to complaints upheld and not upheld in the relevant reporting period; and10

   3. (c)

      in Table 6, information providing context about the complaints received.10

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

1. (1)

   the total number of complaints received by the firm;10

2. (2)

   the total number of complaints closed by the firm;10

3. (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. (4)

   the total amount of redress paid in respect of complaints during the reporting period.10

1. (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. (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

      777
   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

      777
   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

      777
   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

      777
3. (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 an SMCR firm12 who is performing an FCA certification function12 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.

13DISP 1 Annex 1ABR requires (for the relevant reporting period) information about:

1. (1)

   in Table 1, the total number of complaints received by the firm and the main focus of the complaint;

2. (2)

   in Table 2:

   1. (a)

      the number of complaints that were closed or upheld within different time periods;

   2. (b)

      the total amount of redress paid by the firm in relation to complaints upheld and not upheld in the relevant reporting period; and

   3. (c)

      redress in relation to the claims management fee cap, where this was done at the firm’s instigation rather than as the result of a complaint about the fee.

14DISP 1 Annex 1ACR requires (for the relevant reporting period) information about:

1. (1)

   in Table 1, the total number of complaints received by the firm and the main focus of the complaints;

2. (2)

   in Table 2:

   1. (a)

      the number of complaints that were closed or upheld within different time periods; and

   2. (b)

      the total amount of redress paid by the firm in relation to complaints upheld and not upheld in the relevant reporting period.

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

1. (1)

   the six months immediately following a firm's accounting reference date; and 10

2. (2)

   the six months immediately preceding a firm's accounting reference date. 10

If a firm is one to which DISP 1.10.1R(2) applies,13 the relevant reporting period is the year immediately following the firm's accounting reference date.10

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

15Where the FCA grants a person’s application for annulment of a cancellation or variation of its Part 4A permission under Schedule 6A to the Act and on the date of the annulment, the period for reports to be submitted to the FCA in accordance with DISP 1.10.5R has passed, the period within which the reports are to be submitted under DISP 1.10.5R does not apply. The person must submit such reports to the FCA within 30 business days of the date on which the annulment takes effect.

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

1. (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. (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

A closed complaint is a complaint where:10

1. (1)

   the firm has sent a final response; or10

2. (2)

   the complainant has indicated in writing acceptance of the firm's earlier response under DISP 1.6.4 R.10317

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

1. (1)

   provide the FCA, at the time of its authorisation, with details of a single contact point within the firm for complainants; and10

2. (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