I beg to move,
That the Committee has considered the draft Financial Services and Markets Act 2000 (Ombudsman Scheme) (Fees) Regulations 2024.
It is a pleasure to serve under your chairship, Mrs Harris. These regulations are made under powers in the Financial Services and Markets Act 2023. The Committee may be aware that the Secondary Legislation Scrutiny Committee raised this statutory instrument as an instrument of interest in its second report, which was published on 5 September.
This instrument will enable the Financial Ombudsman Service—the FOS, as it is commonly known—to charge case fees to claims management companies and relevant legal professionals when they bring cases to the FOS on behalf of complainants. The FOS enables consumers and financial services firms to resolve disputes without having to go through the courts, which can be expensive and time consuming for both parties. To deliver a service that is cost-free to consumers, the FOS is funded by a combination of case fees paid by firms subject to complaints and an annual levy on industry. The FOS is designed to be an accessible service that consumers can use for free, and the majority of consumers raise their complaints directly with the FOS.
However, some consumers choose to use claims management companies or legal professionals to bring claims to FOS on their behalf. Collectively, they are known as professional representatives. These professional representatives normally take a cut of any compensation awarded as payment for their services. This payment can be as much as 30% of the compensation awarded to a consumer. Currently, while these professional representatives can make money from bringing a case to the FOS, they cannot be charged for doing so.
Many of these professional representatives act responsibly, but there is evidence that some are taking advantage of the cost-free nature of the service that the FOS provides. Rather than properly assessing complaints and taking forward those with merit, these representatives submit large numbers of complaints that are poorly evidenced. This behaviour is negatively impacting the ability of the FOS to promptly resolve other consumer complaints. As firms are required to pay a case fee of £650 regardless of whether or not a complaint is upheld against them, this practice also has significant costs for industry.
Firms subject to large numbers of complaints from professional representatives can face significant bills in case fees, despite not being found to have committed any wrongdoing at all. The Government have also noted concerns that firms experiencing this treatment might feel pressured into settling claims early. In order to reduce the overall cost to a firm, they may simply offer to settle for an amount below the £650 case fee, even where they feel that the claim itself is without merit.
In order to address those exploitative practices, the regulations will enable the FOS to charge a case fee to professional representatives for bringing complaints on behalf of claimants. This will ensure that there is a financial incentive for those professional representatives to carefully consider the merits of any cases that they are bringing. There will now be a cost to flooding the Financial Conduct Authority with templated complaints that have a low chance of success. Charities bringing complaints on behalf of consumers are not included in the instrument and will therefore not be charged by the FOS. Of course, the FOS remains completely free for consumers to access directly. The FOS will be responsible for determining exactly who is charged and any level of fee. This is in line with how the system already works for financial services firms subject to complaints.
In anticipation of this instrument, the FOS consulted on its proposed detailed approach to charging fees to professional representatives. It published a statement on 15 November detailing the feedback it had received to the consultation, and its initial response. In that feedback statement, subject to Parliament approving this instrument, the FOS proposes that professional representatives will be charged a fee of £250 for each case they bring. When the FOS finds in favour of the claimant represented by the professional representative, the fee will be reduced to just £75. In addition, each professional representative will not be charged for the first 10 cases that they bring each year. In that way, we hope, the FOS has sought to disincentivise bad behaviour while ensuring minimal impact on those professional representatives bringing cases with merit.
If this instrument is approved, the FOS will confirm its final plans, having considered the responses to its consultation. The approach taken through this SI ensures that the FOS will remain cost-free to consumers while ensuring that the poor behaviour of some professional representatives does not undermine the ability of the FOS to deal with consumer complaints properly. I therefore commend the regulations to the House.