Financial Services and Pensions Ombudsman Act 2017
Making of complaints
44. (1) Subject to section 51(2), a complainant may make a complaint to the Ombudsman in relation to the following:
(a) the conduct of a financial service provider involving—
(i) the provision of a financial service by the financial service provider,
(ii) an offer by the financial service provider to provide such a service, or
(iii) a failure by the financial service provider to provide a particular financial service requested by the complainant;
(b) the conduct of a pension provider involving—
(i) the alleged financial loss occasioned to a complainant by an act of maladministration done by or on behalf of the pension provider, or
(ii) any dispute of fact or law that arises in relation to conduct by or on behalf of the pension provider;
(c) any complaint received by the Financial Services Ombudsman or the Pensions Ombudsman before the establishment day that was refused as being outside the applicable time limits in the Act of 1942 or the Act of 1990 respectively and that has been resubmitted on or after the establishment day.
(2) A complainant may not make a complaint under subsection (1) where—
(a) the conduct giving rise to the complaint is or has been the subject of—
(i) legal proceedings before a court or tribunal, or
(ii) subject to subsection (3), a decision of the Ombudsman, the Financial Services Ombudsman or the Pensions Ombudsman,
(b) the substance of the complaint has been communicated to the financial service provider or the pension provider concerned and that financial service provider or pension provider has, subject to section 54, not been given a reasonable opportunity to deal with the matter, or
(c) the conduct complained of relates to a matter that—
(i) is within the jurisdiction of the Workplace Relations Commission or the Pensions Authority, or an alternative suitable forum or tribunal,
(ii) is of a class prescribed by regulations made by the Minister under section 4, or
(iii) occurred outside the time limits specified in section 51.
(3) Where, in respect of a complaint made under the Act of 1942—
(a) the Financial Services Ombudsman refused to consider a complaint on the basis that the complaint was outside the time limit specified in the Act of 1942 for making complaints, and
(b) that complaint under the Act of 1942 now falls within the time limit specified in section 51,
the complainant may make a further complaint to the Ombudsman.
(4) A complainant may make a complaint under subsection (1) where the conduct complained of occurred before the commencement of this Act provided the conduct concerned occurred within the time limits specified in section 51.
(5) A complaint under subsection (1) shall, subject to subsection (6), be in writing or such format as the Ombudsman considers appropriate in the circumstances.
(6) The Ombudsman may, where he or she considers it appropriate to do so, accept a complaint that is not in writing and, where it is so accepted, the Ombudsman shall reduce the complaint to writing as soon as practicable.
(7) The Ombudsman shall publish on his or her website or by way of other communications generally available to the public the format of complaints that are acceptable.
(8) As soon as practicable after receiving a complaint in relation to the conduct of a financial service provider or a pension provider, the Ombudsman shall provide the financial service provider or the pension provider, as the case may be, with details of the complaint.
(9) The Ombudsman may enter into an arrangement with a person under which that person will receive complaints on behalf of the Ombudsman.
(10) A complaint received by a person under the arrangement referred to in subsection (9) is, for the purposes of this Part, taken to have been received by the Ombudsman.
(11) Where the Bank, or the Pensions Authority, receives a complaint that appears to be within the jurisdiction of the Ombudsman—
(a) the Bank or the Pensions Authority, as the case may be, shall, without delay, refer the complaint to the Ombudsman for investigation, and
(b) a complaint made under this subsection is, for the purposes of this Part, taken to have been made under subsection (1), by the complainant concerned.