freedom of information and data protection
freedom of information
Our many stakeholders – ranging from consumers deciding whether to pursue complaints, to trade associations carrying out policy research – look to the Financial Ombudsman Service to provide the information they need. And we aim to be as open and helpful as we can in making information freely available.
We are not subject to the Freedom of Information Act, as we are not a public authority as defined in the legislation. We are a statutory dispute resolution scheme – given powers under the Financial Services and Markets Act 2000 and the Consumer Credit Act 2006 – and not a government department or agency. We settle individual complaints in private and do not disclose publicly the personal and often sensitive details of the parties involved.
However, we publish extensive information about what we do and how we operate – all available on this website. And we commit considerable resource to dialogue and liaison with those who use – or have an interest in – our service. The facts, figures and background information that we are most frequently asked for are:
- details of the types of new complaints we receive – and the outcomes of the complaints we resolve (analysed each year in our annual review);
- explanations of our general approach to particular types of complaint (summarised as case studies in our regular newsletter, ombudsman news);
- how our complaints-handling process works – for businesses we cover (as set out in our guides for businesses and our online resource for businesses) and for consumers (as set out in our consumer leaflet your complaint and the ombudsman and our factsheet how we deal with your case);
- details about how we are funded and how we spend our budget (consulted on publicly each year in our annual plan & budget);
- statistics on staff numbers, productivity and workload (consulted on publicly each year in our annual plan & budget);
- details of procedures for complaining about us (as set out in our service standards) and the terms of reference and annual reports of our independent assessor;
- a statement of our aims and values as an independent public body;
- our equality and diversity policy;
- who our ombudsmen are and their backgrounds (as shown on our organisation chart);
- details of the non-executive directors who make up our board;
- the terms of reference of the sub-committees of our board;
- the legislation and official documents underpinning the Financial Ombudsman Service;
- the rules setting out how the Financial Ombudsman Service (and businesses providing financial services) should handle complaints – published as part of the Financial Services Authority's Handbook in the section called Dispute resolution: complaints;
- the memoranda of understanding between the Financial Ombudsman Service and other official bodies;
- the procedures in place to ensure liaison and co-operation between the Financial Ombudsman Service, the Financial Services Authority and the Office of Fair Trading on cases that have wider implications.
data protection
The Financial Ombudsman Service is covered by the Data Protection Act 1998. This legislation places legal obligations on us when we process personal information about individuals. It also allows people to make an application to access that information. To make an application for personal data under the Data Protection Act, there is a charge of £10 - to cover the administrative costs of handling the request. Applications for personal information under the Data Protection Act are called "subject access requests" and are dealt with at the Financial Ombudsman Service by our legal team.
The Information Commissioner's Office has produced guidance on data protection and freedom of information issues – including the scope of information available to someone making a "subject access request".