DISP App 1.5 Determination of complaints

Article 5(2)(a) provides that FOS Ltd's power to specify in its scheme rules the matters to be taken into account in making determinations does not apply to relevant existing complaints (see DISP 3.8.1 R).

Article 5(2)(c) requires the Ombudsman, in deciding whether a relevant complaint (including a relevant existing complaint) is to be dismissed without consideration of its merits under the scheme rules, to take into account whether an equivalent complaint would have been so dismissed under the former scheme in question, as it had effect immediately before commencement.

Article 6(1) disapplies, in respect of relevant existing complaints, the provisions in the Act relating to the criteria for determining complaints in section 228(2) and those relating to awards in section 229 (with the exception of those in section 229(8)(b) and paragraph 16 of Schedule 17 relating to the enforceability of money awards and those in section 229(9) and (10) relating to the enforceability of directions made by the Ombudsman). It also disapplies the provisions relating to costs awards in section 230, except to the extent referred to in DISP App 1.11.1 G.

Apart from this, section 228 of the Act applies in relation to relevant existing complaints as it applies to other complaints which are subject to the Compulsory Jurisdiction.