Financial Services and Pensions Ombudsman Act 2017


Declining to investigate

52. (1) The Ombudsman may decline to investigate, or discontinue an investigation of, a complaint where, in the opinion of the Ombudsman—

(a) the complaint is frivolous or vexatious or was not made in good faith,

(b) the subject matter of the complaint is trivial,

(c) the conduct complained of occurred at too remote a time to justify investigation,

(d) there is or was available to the complainant an alternative and satisfactory means of redress in relation to the conduct complained of,

(e) the complainant has no interest or an insufficient interest in the conduct complained of, or

(f) the subject matter of the complaint is of such a degree of complexity that the courts are a more appropriate forum.

(2) The Ombudsman may make preliminary inquiries for the purposes of deciding whether a complaint should be investigated under this Part and may request the complainant to provide further written particulars of the complaint within such reasonable period specified by the Ombudsman.

(3) The Ombudsman may decide not to continue to investigate a complaint where the complainant fails within a reasonable period to comply with a request for further written particulars.

(4) The Ombudsman shall determine a complaint under section 44 to be inadmissible where it was made after the expiry of the time limits specified in section 51.

(5) As soon as practicable after deciding not to investigate a complaint, or to discontinue an investigation of a complaint, the Ombudsman shall inform the complainant in writing of the decision and the reasons for it.