Financial Services and Pensions Ombudsman Act 2017


Conduct of investigation

56. (1) The conduct of investigations under this Part shall be undertaken as the Ombudsman considers appropriate in all the circumstances of the case and in a manner that is appropriate and proportionate to the nature of the complaint.

(2) The Ombudsman shall advise the parties to the complaint in writing of the conduct of investigation to be undertaken under subsection (1).

(3) Where the Ombudsman proposes to conduct an investigation into a complaint made under this Part, he or she shall provide the parties, and any other person who, in the opinion of the Ombudsman, might be adversely affected by any decision he or she may make in relation to the complaint, an opportunity to—

(a) make submissions with respect to the conduct the subject of the complaint, and

(b) comment on any allegations contained in the complaint or reference.

(4) The Ombudsman shall, without prejudice to the form of investigation, ensure investigations are conducted otherwise than in public.

(5) The Ombudsman may, in the course of investigating a complaint, periodically report to the complainant on the progress of the investigation and, in so doing, may make such comments to the complainant on the investigation and its consequences and implications as the Ombudsman thinks fit.

(6) The Ombudsman may, in the course of investigating a complaint, issue a preliminary decision to the relevant parties to the complaint, indicating the potential decision to be taken by the Ombudsman and any evidence or facts considered to arrive at that preliminary decision.

(7) Where the Ombudsman considers, during an investigation or following the completion of an investigation, that there is—

(a) a persistent pattern of complaints (whether he or she finds that such complaints are upheld or not),

(b) a persistent pattern of facts or evidence arising from the complaints, or

(c) any other matter that would be of concern to the Bank or the Pensions Authority,

the Ombudsman shall inform the Bank or the Pensions Authority, as the case may be.